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Site Disclaimer and/or Terms of Use
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1. You Agree to These Terms by Using this Site
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Your access to, and use of, the Site is subject to the following Terms
of Use and all applicable laws and regulations. By accessing and using the Site,
you accept, without limitation or qualification, these Terms of Use, and
acknowledge that any other agreements between you and FlyBraZil are
superseded with respect to this subject matter. If you do not agree and
accept, without limitation or qualification, these Terms of Use, please
exit the Site.
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2. Rates and Availability
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A reservation is not confirmed until FlyBraZil has processed it with
the airline, package, hotel, or tour and provided the client with an airline,
package, hotel, or tour confirmation number. This procedure is necessary in
order to guarantee the discounted rates listed. If you have not received an
airline, package, hotel, or tour confirmation number, do not assume the
reservation is confirmed.
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We will make every effort to fulfill the reservation as submitted.
However, airline, package, hotel, or tour inventory may change at a moment's
notice and availability is subject to change until an airline, package, hotel,
or tour confirmation number is provided to the client.
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3. Hotel, tours and land packages Cancellations and/or Changes
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First night is non-refundable; in addition cancellation penalties apply as follows:
30 days or more before check-in date: 10% of total amount paid.
7 to 29 days before check-in date: 20 % of total amount paid.
6 days or less before check-in date: 100% penalty. The above applies only to off-peak seasons; it excludes holidays such as Christmas, New Years, Carnival, and July hotels, tours and packages,
which are totally non-refundable for holiday seasons.
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4. Airfare portion
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as per fare basis. In some instances, passengers must provide a new
travel date at the moment he changes his original tickets. Penalties for
changes apply plus any difference in the new fare. Other restrictions may
apply. Passengers will have 1 year from the date of purchase to re-issue and
complete air travel.
FlyBraZil is not responsible for any cancellations
or schedule changes made by the airlines that could affect any airline,
package, hotel, or tour portion of the trip.
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5. General Information
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Whilst every effort has been made to ensure that the information on this
site is as accurate as possible, FlyBraZil cannot be held responsible for any
inaccuracies or consequences arising out of the use of this site or for any
of the links to other sites.
FlyBraZil cannot be held responsible for changes in dates, prices and opening
hours, which may occur after press date. All liability for loss,
disappointment, negligence or other damage caused by the reliance on the
information contained on this site, or in the event of the bankruptcy or
liquidation of any company, individual or firm mentioned or in the event of
any company or individual or firm ceasing to trade, is hereby excluded.
FlyBraZil and its websites are in no way responsible for any of the listings
provided on our web pages. The information has been supplied by a number of
leading hotel distributors and as such; we are solely displaying the
information they have provided. Descriptions of the properties, or references
to those properties listed within our sites is the sole responsibility of the
participating business, and does not imply any endorsement from the FlyBraZil
group of web sites.
You expressly agree that use of the web site is at your own risk. Neither
FlyBraZil nor any of its employees, agents, content providers, licensors,
licensees, partners or affiliates makes any representations or warranties of
any kind, express or implied, regarding the services, products, information
or other content of the web site.
The web site and the services, products, information or other content therein
are provided on an "as is" basis and FlyBraZil specifically disclaims any
express or implied warranties, including without limitation, warranties of
fitness for a particular purpose, warranties of merchantability or
warranties against infringement.
FlyBraZil and their partners affiliates, employees, agents, content
providers and licensors shall in no event be liable for any damages or
losses, including, without limitation, direct, indirect, consequential,
special, incidental or punitive damages, resulting from or caused by
the web site or its content, including, without limitation, losses
related to: your use or inability to use the web site; any errors,
omissions or defects in the content, data or schedules provided;
or any interruptions, delays in transmission or computer viruses.
FlyBraZil can not and does not monitor all of the material posted or
transmitted by members, users or third party information providers, and specifically disclaims any liability
for defamation, infringement, or liability arising from errors or omissions in the
content provided by third party contributors, affiliates, partners, licensors,
licensees or others.
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6. Your Use of the Site
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FlyBrazil.com grants you permission to use the Site as follows:
· with the exception of images of people or places that are located outside of
the "Press Center" section of the Site, you may download Content, but only for
noncommercial, personal use and provided that you also retain all copyright and
other proprietary notices contained on the Content;
· you may not use images of people or places that are located outside of the
"Press Center" section of the Site without the FlyBrazil.com Company's written
permission;
· Content within the "Press Center" section of the Site may be reproduced solely
for editorial purposes in daily newspapers, general circulation news magazines,
trade publications and broadcast media;
· you may not distribute, modify, copy (except as set forth above), transmit,
display, reuse, reproduce, publish, license, create derivative works from,
transfer, sell or otherwise use Content without the FlyBrazil.com Company's
written permission;
· you are prohibited from using the Site to post or transmit any infringing,
threatening, false, misleading, abusive, harassing, libelous, defamatory,
vulgar, obscene, scandalous, inflammatory, pornographic, or profane material
or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise
violate any law - FlyBrazil.com will fully cooperate with any law enforcement
authorities or any court order requesting or directing FlyBrazil.com to
disclose the identity of anyone posting or transmitting any such information
or materials; and;
· you are prohibited from using the Site to advertise or perform any
commercial solicitation.
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7. Privacy
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Any personal data (for example, your name, address, telephone number,
credit card information, or e-mail address) will be considered confidential.
The company will cooperate with federal, state and local governmental agencies
conducting investigations, if the investigators furnish proper identification
and proof of authority to investigate. FlyBraZil will strongly use any personal
data information in cases of the Company's defense in a legal matter. Any other
communication or material you transmit to the Site, such as questions, comments,
suggestions or the like, will be treated as a non-confidential and non-proprietary.
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8. Disclaimer of Warranties
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ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions may not apply to you. Without
limiting the foregoing, FlyBrazil.com neither warrants nor represents that your use of
any Content will not infringe the rights of any third parties nor that the Content
will be accurate, complete or up-to-date. Additionally, with reference to any
discussions, chats, postings, transmissions, bulletin boards, and the like that may
be on the Site, FlyBrazil.com assumes no responsibility or liability arising from any
infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory,
vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law, contained
in any such locations on the Site.
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9. Exclusion of Liability
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YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE FLYBRAZIL, NOR ANY OF
ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR
CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions
may not allow the exclusion of certain damages, so some of the above exclusions
may not apply to you.
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| 10. Links to Third Party Sites |
The Site may contain links to sites owned or operated by parties other
than FlyBrazil.com. Such links are provided for your convenience only.
FlyBrazil.com does not control, and is not responsible for, the content or
privacy policies on, or the security of, such sites. Without limiting the
foregoing, FlyBrazil.com specifically disclaims any responsibility if such
sites:
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infringe any third party's intellectual property rights;
are inaccurate, incomplete or misleading;
are not merchantable or fit for a particular purpose;
do not provide adequate security;
contain viruses or other items of a destructive nature; or
are libelous or defamatory.
Neither does FlyBrazil.com endorse the content, or any products or services
available, on such sites. If you establish a link to such sites or the Site,
you do so at your own risk and without the permission of The FlyBrazil.com.
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11. Export Control
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Software and other materials from this Site may be subject to United States
Export Control. The United States Export Control laws prohibit the export of
certain technical data and software to certain territories. No software from
this Site may be downloaded or exported:
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Sudan, Syria, or any other country to which the United States has embargoed
goods; or anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
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12. Cautionary Language Regarding Forward-Looking Statements
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This Site may contain statements, estimates or projections that constitute
"forward-looking statements" as defined under U.S. federal securities laws.
Generally, the words "believe," "expect," "intend," "estimate," "anticipate,"
"project," "will" and similar expressions identify forward-looking statements,
which generally are not historical in nature. Forward-looking statements are
subject to certain risks and uncertainties that could cause actual results to
differ materially from The FlyBrazil.com Company's historical experience and
our present expectations or projections. These risks include, but are not
limited to, our ability to finance expansion plans, share repurchase programs
and general operating activities; changes in the non-alcoholic beverages business
environment, including actions of competitors and changes in consumer preferences;
regulatory and legal changes; fluctuations in the cost and availability of raw
materials; interest rate and currency fluctuations; changes in economic and
political conditions; our ability to penetrate developing and emerging markets;
the effectiveness of our advertising and marketing programs; litigation uncertainties;
adverse weather conditions; and other risks discussed in our Company's filings
with the Securities and Exchange Commission (the "SEC"), including our Annual
Report on Form 10-K, which filings are available from the SEC. You should not
place undue reliance on forward-looking statements, which speak only as of the
date they are made. FlyBrazil.com undertakes no obligation to publicly update
or revise any forward-looking statements.
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13. Revisions to the Terms
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FlyBRazil.com may at any time, and without notice, revise these Terms of
Use by updating this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the current Terms of Use.
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14.Law and Jurisdiction
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These Terms of Use and your use of the Site are governed by the laws of
the State of Florida, USA, without regard to its choice of law provisions. The
courts of general jurisdiction located within Fulton County, Florida, USA,
will have exclusive jurisdiction over any and all disputes arising out of,
relating to or concerning these Terms of Use and/or the Site or in which
these Terms of Use and/or the Site are a material fact.
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15. Ownership of Content
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The Site and all of its contents including, but not limited to, all text
and images ("Content") are owned and copyrighted by FlyBrazil.com Company or
others with all rights reserved unless otherwise noted. Any Content that is a
trademark, logo, or service mark is also a registered and unregistered trademark
of FlyBrazil.com or others. Your use of any Content, except as provided in
these Terms of Use, without the written permission of the Content owner is
strictly prohibited. You are also advised that FlyBrazil.com will aggressively
enforce its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
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| Copyright © 2002 FlyBraZil.com. All rights reserved. |
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