| Our Offices |
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| Corporate Headquarters |
AgentWare, Inc. 1280 West Peachtree St, NW Suite 330 Atlanta, Georgia 30309 Phone: 404.591.4000 Fax: 404.874.6874 |
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| Terms
of Service and Privacy Policy |
AgentWare is always
conscious and respectful of your privacy.
We recognize the importance of protecting your personal
information. |
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| Terms of Service - updated
04/01/2004 |
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PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
RELATING TO YOUR USE OF THIS SITE. By using this site,
you are deemed to have agreed to these terms and
conditions of use. AgentWare reserves the right to
modify them at any time. You should check these terms
and conditions periodically for changes. By using this
site after we post any changes to these terms and
conditions, you agree to accept those changes, whether
or not you have reviewed them. We will inform you of any
material changes to these terms, provided we have a
valid email address on file. If at any time you choose
not to accept these terms and conditions of use, please
do not use this site.
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Scope of Terms and Conditions |
These terms and conditions apply to your use of this
site or other sites that AgentWare may own or operate in
the future the ("Site"). These terms and
conditions do not apply to your use of unaffiliated
sites if any, to which the Site only provides links.
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Restrictions on Use of Materials |
The contents of this Site are protected by national and
international copyright and trademark laws, and are the
property of AgentWare and any other owners. Unless
otherwise granted permission by AgentWare, you may
access the materials located within the Site solely for
your own personal use. You may not modify, copy,
publish, display, transmit, adapt or in any way exploit
the content of the Site, except as necessary to perform
the function on the Site. You may not publish, display,
or commercially exploit any material from AgentWare or
other owners of intellectual property displayed on the
Site unless you request and receive prior written
permission from us or the other owners. If you have a
contract with AgentWare to use our services, you have
permission to commercially exploit the materials in the
manner contemplated by that contract. To request our
permission, you may write to Web Site Content
Administrator, AgentWare, Inc. at Communications@AgentWare.net.
If permission is granted by AgentWare or other owners of
intellectual property, you may not change or delete any
author credit, trademark, legend or copyright notice.
You
must follow and observe all additional copyright notices
or other restrictions contained on the Site.
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Links
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We are not responsible for the availability of any other
site to which the Site links. We do not endorse or take
responsibility for the content, advertising, products or
other materials made available through any other site.
Under no circumstances will we be held responsible or
liable, directly or indirectly, for any loss or damage
that is caused or alleged to have been caused to you in
connection with your use of, or reliance on, any
content, goods or services available on any other site.
You should direct any concerns to that site's
administrator or Webmaster.
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Disclaimers |
UNLESS
YOU HAVE A SEPARATE WRITTEN AGREEMENT TO THE CONTRARY,
THE SERVICES, AND MATERIALS ON THIS SITE ARE PROVIDED
"AS IS". AGENTWARE DISCLAIMS ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
UNLESS
YOU HAVE A SEPARATE WRITTEN AGREEMENT SO INDICATING,
NEITHER AGENTWARE NOR ANY OF ITS RESPECTIVE LICENSORS OR
SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE
SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, FREE
FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE
CORRECTED.
NEITHER AgentWare
NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT AgentWare
OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
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Limitation of Liability
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UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, WILL AGENTWARE OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY
DAMAGES WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AGENTWARE
OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).
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Indemnity |
You agree to defend, indemnify and hold harmless AgentWare, its representatives, officers, directors, and
employees from all liabilities, claims, costs, and expenses, including attorneys’ fees, that arise from
your use of the Site, your posting, downloading or transmission of communications or material on this
Site, or from your violation of applicable law.
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Privacy Policy
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AgentWare is committed to protecting your privacy and security and have explained in detail the steps we
take to do so. Please read our Privacy
Policy for more information regarding our commitment
to your privacy and security..
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Governing Law |
These terms will be governed by and construed in accordance with the laws of Georgia. Accordingly,
the laws of Georgia, will be used exclusively to construe, govern, and enforce these terms, excluding
all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to
or arising out of these terms will be filed only in the Georgia courts and you consent to the exclusive
jurisdiction of the state and federal courts located in Georgia.
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Injunctive Relief
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In the event you breach or threaten breach of this Agreement, you acknowledge and agree that AgentWare will
be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, AgentWare may
apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who,
regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining
whether AgentWare will be granted injunctive or other equitable relief to stop your breach or your threat
of breach, without impairing, invalidating, negating or voiding AgentWare’s rights to relief either in law
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Miscellaneous |
If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that
provision will be considered restated to reflect as nearly as possible the original intentions of the
parties in accordance with applicable law and will not affect the validity and enforceability of the
remaining provisions. This is the entire agreement between you and AgentWare relating to the subject
matter it contains. This agreement may be modified only by our posting of changes to these terms and
conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions
of use should be directed to Communications@AgentWare.net.
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| Privacy Policy - updated 04/01/2004 |
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AgentWare
Inc., (“AgentWare”) operates the software that runs
Trip Console standard, Trip Console integrated,
Trip Console lite, and WebPoint, which are accessible
via websites configured for each of AgentWare’s
customers. These applications allow user to access and
book travel, and in the course of use, may require entry
of personal information, including name, address, phone
number, email address, and other identifying
information. In addition, while on this web site, www.agentware.net,
and when you use other AgentWare products, respond to our
Web-based advertisements/partners links, or send us
e-mail, users
may enter personal identifying information to request
technical assistance, product information, or otherwise
communicate with AgentWare. Since personal information
may be transmitted to AgentWare by both this site and
our other software products (“Sites”), AgentWare has
established a Privacy Policy to protect the
confidentiality of user information.
We
reserve the right to modify this Privacy Policy at any
time without prior notice. If we change or update our
Privacy Policy, we will post the revised policy here,
and any changes will apply to all information collected
by AgentWare, including previously collected
information.
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Privacy |
AgentWare takes privacy seriously. This privacy policy
explains how AgentWare protects the information you
provide to AgentWare during your use of our Sites. Our
policy is to consider all personal information
confidential and privileged. We realize that any
information pertaining specifically to you, is your own
and we understand our responsibility in maintaining the
confidential nature in which it is disclosed.
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Information Collected About You
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There are several areas on our Sites where AgentWare requests information from you, which AgentWare
collects and uses to provide the services that you request. AgentWare asks for this information so
that we can enhance your visit to our Site, to follow up with you after your visit, or to reply to
technical or user support issues identified by you. At AgentWare, when you provide your personal
information, including name, address, phone number, email address, etc., your personal information
is used by AgentWare solely for the purpose of communications between AgentWare and you. Other than
information, which may be submitted, to travel suppliers in the course a travel related purchase, your
personal information is not revealed to third parties.
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Use of Your Information |
Though it is not our usual practice, you may receive occasional email or telephone calls from AgentWare.
These communications will be informational and service-oriented only and will not be solicitations
there may be notices about new features, training opportunities, etc.), unless you have specifically
identified that you desire such communications. You also may receive a call to follow up on a service
issue you have experienced or to confirm any modifications of your information or termination / update
of your account with AgentWare. Your privacy will continue to be protected during these communications.
You will not receive any unsolicited communications from AgentWare regarding any commercial offers or
advertisements at any time. AgentWare Sites may use cookies (small text files stored on a user’s
computer by a website to enable the website to tailor behavior to the current user).
AgentWare does not use any other automatic or electronic means to track or collect information about or
from you.
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Your Right to Choose |
At AgentWare, we believe that you should have the right to choose how your information is processed
and/or shared. Any information that AgentWare collects from you on the Sites is information that you
specifically and voluntarily provide to AgentWare. You may choose not to provide any or all of the
information that is requested on the Sites. By so choosing, however, you may limit your ability to
receive some or all of the services generally offered to users of the Sites.
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Sharing Your Information
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Except as explained herein, the information that you provide to AgentWare through the Sites regarding you
and/or your travel searches / purchases will not be sold, shared, or rented to any outside organization
for its use in marketing or solicitation. AgentWare may share your information with a third party acting
as its agent to provide and process the services that you request. Such third parties shall subscribe to
the privacy principles in this privacy policy. AgentWare may also share aggregated customer information
such as statistics about our customers, sales, traffic patterns and related site information, with
AgentWare’s business partners and other reputable vendors, but such aggregated information will not
contain any personally identifying information of any users of the Sites. AgentWare may disclose or
access your account information when we believe in good faith that the law requires it.
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The Security of Your Information |
AgentWare strives to protect the privacy of the information that you share with us. AgentWare has
implemented security measures designed to protect all data we collect against unauthorized access,
including measures to prevent anyone from using your credit card number. We utilize the industry
standard security measures available through your browser, called SSL (Secure Sockets Layers) encryption,
so that your information is encrypted as it travels over the Internet. The characters you type are
encrypted, making it nearly impossible for a third party to intercept the card number. Unfortunately,
no data transmission over the Internet can be guaranteed to be 100% secure. As a result, although
AgentWare strives to protect your information, we cannot ensure or warrant the security of the
information that you submit to AgentWare via the Sites and you do so at your own risk. AgentWare
also implements measures to protect your personal information off-line. Access is restricted to
employees who have a “need to know,” and those employees must use passwords to enter the Sites or
associated back office systems within which personal information is stored. In addition, consumer
protection laws protect you against the unauthorized use of your information, including credit card
information.
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The Integrity of Your Information
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AgentWare uses the information that you provide to us only for the purposes for which you submit such
information and not in any way that is incompatible with the purposes for which it was collected. We
request from you only that information which is necessary to provide the services you access. AgentWare
takes reasonable steps to ensure that information that we receive from you is reliable for its intended
use, accurate, complete and current, including providing mechanisms by which you can amend or update your
information.
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Linked Internet Sites |
You should be aware that links to other Internet sites are available on AgentWare Sites. Once you leave
the Sites and go to another site, be aware that those sites may follow privacy policies different from
the provisions listed herein. AgentWare is not responsible for, and expressly disclaims any and all
liability related to, actions of such linked sites, their privacy policies or the content of such sites.
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Changes to This Privacy Policy |
By using this website, you consent to the collection and use of your information by AgentWare in
accordance with this privacy policy. If AgentWare updates or modifies this privacy policy, we will post
the changes on this page so that you will always have the ability to know what information we collect,
how we use the information, and under what circumstances we deliver the information. Your continued use
of this site after any such changes constitutes your acceptance of the new terms. AgentWare will use your
personally identifiable information in accordance with the privacy policy that was in effect at the time
such information was collected. If AgentWare makes any material changes in our privacy practices that do
not affect your information already stored in our database, we will post a prominent notice on our Sites
notifying you of the change. In some cases where AgentWare posts a notice we will also email users, who
have opted to receive communications from us, notifying them of the changes in our privacy practices.
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Your Age
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This Site is not directed to children under than 13 years of age, and children under 13 years of age
shall not use this Site to submit any individually identifiable information about themselves. By using
the Site you certify that you are over 18 years of age.
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Transfer of Business Assets |
As we continue to develop our business, we may be acquired, merge with another business, acquire or buy
other businesses or assets. In such transactions, customer information is generally one of the
transferred business assets. In such an event, both personally and non-personally identifiable
information will be part of the transferred assets.
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Your Questions and Comments |
We invite you to learn more about AgentWare. Please visit our website at
http://www.AgentWare.net/
You will find email feedback forms there. Our mailing address is: AgentWare, Inc., 1280 W Peachtree St.
NW, Suite 330, Atlanta, GA 30309. If you have any questions about our privacy policy, please contact the
AgentWare Privacy Officer, at privacy@AgentWare.net.
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