Terms of Use and ConditionsThis website (“Website”) is operated by , d/b/a SochiTrip.com (“www.sochitrip.com” , sochitrip.com) and these terms and conditions apply to all websites owned, operated, controlled and otherwise made available by SochiTrip.com, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites). IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO SochiTrip.com SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE SochiTrip.com SERVICES AND PRODUCTS, AND THE RELATED SochiTrip.com SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “SochiTrip.com”). SochiTrip.com IS WILLING TO PROVIDE YOU WITH ACCESS TO THE SochiTrip.com THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM SochiTrip.com OR ITS AFFILIATES IN CONNECTION WITH THE SochiTrip.com (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE SochiTrip.com, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE SochiTrip.com OR PURCHASING PRODUCTS AND SERVICES FROM SochiTrip.com. No Legal AdviceThe SochiTrip.com Website is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. We are merely a publisher of information, including attorney biographies and profiles and provide marketing, promotional and advertising materials to certain users and subscribers no different than publication of information through a newspaper, radio and/or television. Without limiting the foregoing, the SochiTrip.com Website may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to Your jurisdiction. Because the SochiTrip.com Website is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions. No Attorney-Client or Solicitor- Client RelationshipSochiTrip.com is not a law firm. SochiTrip.com and its products and services do not provide nor are a substitute for legal advice. Only an attorney can provide legal advice. No Attorney-Client or Solicitor-Client relationship is created by use of this SochiTrip.com Website, the SochiTrip.com, its products or services, with this SochiTrip.com Website, its owners, agents, representatives, providers, partners or affiliates. AuthorityBy accessing, subscribing, downloading and/or otherwise using the SochiTrip.com, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, (c) agree to all operating rules and policies of SochiTrip.com that may be published within the SochiTrip.com or this Website, (d) acknowledge that you have the mental capacity to contract and are not under any duress, and (e) in the case of lawyers, you are in good standing in your jurisdiction with the bar under the applicable bar association. Intellectual PropertyThe SochiTrip.com (including, this Website) is owned and operated by SochiTrip.com and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2009 All rights reserved. The compilation and arrangement of all content, data and other information found within the SochiTrip.com is also the sole and exclusive property of SochiTrip.com and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the SochiTrip.com, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to SochiTrip.com and its licensors and are fully protected under Russia and international intellectual property laws. Use of the SochiTrip.comSubject to the terms and conditions set forth herein and any third party restrictions, SochiTrip.com grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the SochiTrip.com to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the SochiTrip.com solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the SochiTrip.com; provided you retain all SochiTrip.com copyright and proprietary notices contained in the original materials or any copies thereof. All rights not expressly stated herein are reserved by SochiTrip.com and SochiTrip.com disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the SochiTrip.com, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the SochiTrip.com, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the SochiTrip.com, or any part thereof, including, but not limited to, using any part of the SochiTrip.com to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the SochiTrip.com in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of SochiTrip.com, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use SochiTrip.com to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using SochiTrip.com; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the SochiTrip.com; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the SochiTrip.com or servers or networks connected to the SochiTrip.com, or disobey any requirements, procedures, policies or regulations of networks connected to the SochiTrip.com (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users. You agree not to access the SochiTrip.com by any means other than through the interface that is provided to you by SochiTrip.com for use in accessing the SochiTrip.com. By posting of information or other materials on this Website or within the SochiTrip.com or by making such information available for downloading by you, SochiTrip.com does not waive any proprietary right in and to the SochiTrip.com (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the SochiTrip.com except for the limited license expressly granted herein. SubmissionAny and all comments, suggestions, ideas, graphics, videos, content, data, personally identifiable information and any other information that you transmit to SochiTrip.com through the SochiTrip.com (“Submission”) may be used by SochiTrip.com anywhere, anytime and for any reason whatsoever, subject only to our Website Privacy Policy with respect to our use of your personally identifiable information. You shall remain the sole and exclusive owner of your Submission, and you shall be solely responsible for your Submission and the consequences of posting or publishing them. By submitting your Submissions to SochiTrip.com, you hereby grant SochiTrip.com a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known. Any Submission you provide to SochiTrip.com will be deemed public information and not subject to any confidentiality obligation and SochiTrip.com shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, SochiTrip.com’s Privacy Policy shall govern SochiTrip.com’s disclosure of such information. By making a Submission, you waive the right to make any claim against SochiTrip.com or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for SochiTrip.com. You also agree to maintain and promptly update your Submissions by means of the SochiTrip.com in order to keep that information true, accurate, current and complete. Participation DisclaimerSochiTrip.com does not and cannot review all Submissions posted to or created by users accessing the SochiTrip.com (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the SochiTrip.com (including, but not limited to, this Website), SochiTrip.com is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though SochiTrip.com may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof and any modifications thereto by SochiTrip.com, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, SochiTrip.com reserves the right to block or remove communications, to prevent or otherwise refuse the posting of Submissions, modify the content of Submissions and/or remove Submissions that it determines to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another; (d) unlawful, threatening, libelous, scandalous, inflammatory, pornographic, or profane; (e) any material that could constitute or encourage what would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or (f) offensive or otherwise unacceptable to SochiTrip.com as determined in its sole discretion. Electronic Delivery Policy and Your ConsentBy using the SochiTrip.com, you consent to electronically receive from SochiTrip.com all communications including notices, agreements, legally required disclosures or other information in connection with the SochiTrip.com (collectively, “Notices”). SochiTrip.com shall provide such electronic Notices by posting them on this Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the SochiTrip.com. TrademarksAny and all trademarks displayed within the SochiTrip.com are owned by SochiTrip.com, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party. Confidentiality At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of SochiTrip.com. “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to SochiTrip.com or its licensors, including, but not limited to, all parts of the SochiTrip.com and any other materials or information related to the business or activities of SochiTrip.com that are not generally known to others engaged in similar businesses or activities. Warranty DisclaimerYou access and use the SochiTrip.com at your sole risk. The SochiTrip.com is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, SochiTrip.com disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise. Without limiting the foregoing, SochiTrip.com does not represent or warrant that (a) the SochiTrip.com will be uninterrupted, timely, secure or error-free, (b) the defects in the SochiTrip.com will be corrected, (c) the SochiTrip.com or the servers that operate the SochiTrip.com are free of viruses or other harmful components, (d) the data, results and information within the SochiTrip.com will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the SochiTrip.com will meet your needs, requirements or expectations. SochiTrip.com may make changes to the content within the SochiTrip.com or to the products or services described in it, at any time without notice to you. Further, SochiTrip.com assumes no liability or responsibility for any errors or omissions in the content within the SochiTrip.com. The materials in the SochiTrip.com may be out of date or inaccurate, and SochiTrip.com specifically disclaims any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the SochiTrip.com is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses. You acknowledge and agree that SochiTrip.com shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by SochiTrip.com. You acknowledge and agree that SochiTrip.com shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the SochiTrip.com provided by any other user of this Website or any third party licensors or suppliers of SochiTrip.com. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the SochiTrip.com, and no warranties shall apply after such period. We have made no independent investigations into the licensing, experience, or competency of any of the attorneys using this SochiTrip.com Website nor have we made any efforts to investigate whether participating on this SochiTrip.com Website will violate any of the laws that govern legal services. We have no responsibility to store and/or maintain any of the Submissions that you submit to the SochiTrip.com. If we do so, we do it at our sole discretion. Disruptive Behavior Harassment in any manner or form on this SochiTrip.com Website or through the use of the SochiTrip.com, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SochiTrip.com employee or representative, as well as other members or visitors on this SochiTrip.com Website or through use of the SochiTrip.com is prohibited. You may not upload to, distribute, send or otherwise publish through this SochiTrip.com Website or within the SochiTrip.com any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates SochiTrip.com’s then current policies). You may not upload commercial content on this SochiTrip.com Website or within the SochiTrip.com or use the same to solicit others to join or become members of any other commercial online service or other organization. You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the SochiTrip.com; (b) use Internet Relay Chat (IRC) bots via this SochiTrip.com Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the SochiTrip.com or the normal flow on this SochiTrip.com Website of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on this SochiTrip.com Website or through the SochiTrip.com that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the SochiTrip.com or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the SochiTrip.com in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the SochiTrip.com to access the accounts of others without permission; (j) attempt to penetrate security measures of SochiTrip.com or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic). Limitation of LiabilityNEITHER SochiTrip.com, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE SochiTrip.com, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SochiTrip.com AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE SochiTrip.com OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE SochiTrip.com; THE LINKING TO OTHER WEBSITES FROM THE SochiTrip.com; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE SochiTrip.com WHETHER OR NOT SochiTrip.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL SochiTrip.com’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO SochiTrip.com FOR ACCESS AND USE OF THE SochiTrip.com OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH SochiTrip.com, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
Access to SochiTrip.comYou shall be responsible for obtaining access to the SochiTrip.com and for all equipment necessary to access the SochiTrip.com and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the SochiTrip.com, including, without limitation, all telephone, equipment, airtime and internet service provider charges. Passwords and Your ObligationsYou may be asked to register as a member on certain pages or services within the SochiTrip.com and to select a unique username and password in order to be able to access your account and use any of the SochiTrip.com. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify SochiTrip.com in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized. Please notify us immediately of any unauthorized use of your user name and password via email to info@sochitrip.com. SecurityThe SochiTrip.com resides on the public internet. SochiTrip.com uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to SochiTrip.com and any information stored on servers controlled by SochiTrip.com. Notwithstanding these efforts, SochiTrip.com cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom. Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the SochiTrip.com; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the SochiTrip.com, overloading, “flooding,” “mailbombing” or “crashing” the SochiTrip.com. Violations of system or network security may result in civil or criminal liability. SochiTrip.com reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. IndemnificationYou agree to indemnify, defend, and hold harmless SochiTrip.com, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement; (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account; (c) your use of (or inability to use) the SochiTrip.com; (d) any use of your Submission by SochiTrip.com or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity; and (e) any claim arising out of your use of the SochiTrip.com including, but not limited to, any claim that SochiTrip.com violated applicable legal ethics, that SochiTrip.com was engaged in the unauthorized practice of law and that the SochiTrip.com hired or associated with an attorney unauthorized to practice law and/or committed malpractice while providing legal services. Blog DisclaimerThe blog and any other postings, entries, quotations and other editorial content on this SochiTrip.com Website are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of SochiTrip.com, its parent company and/or their indirect and direct parent companies and affiliates. TerminationYou agree that SochiTrip.com, at its sole discretion, may terminate or suspend your access to and use of the SochiTrip.com (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if SochiTrip.com believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. SochiTrip.com reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the SochiTrip.com (or any part thereof) without notice. You agree that SochiTrip.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the SochiTrip.com. Your obligations under this Agreement shall continue even after SochiTrip.com has terminated and/or cancelled this Agreement or your access to the SochiTrip.com. Resale ProhibitedProducts and services sold from this Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, SochiTrip.com reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services. Pricing, Special Offers and PromotionsAll prices shown through the SochiTrip.com (including, but not limited to, this SochiTrip.com Website) are applicable solely for purchase by users directly through this SochiTrip.com Website. Prices are subject to change without notice. Prices within the SochiTrip.com (including, but not limited to, prices on this SochiTrip.com Website) may not be the same as prices available through sales representatives, telephone orders, or promotional offers. SochiTrip.com does not have a price match guarantee. Special product, pricing or service offerings and promotions may be displayed from time to time through the SochiTrip.com (including, but not limited to, on this SochiTrip.com Website) and are considered discontinued and no longer valid once they are removed from the SochiTrip.com (including, but not limited to, this SochiTrip.com Website). In addition, all such offerings and promotions displayed through the SochiTrip.com (including, but not limited to, on this SochiTrip.com Website) are subject to change or cancellation at any time without notice. Programs/promotions available through sales representatives or telephone orders may not be available through the SochiTrip.com (including, but not limited to, this SochiTrip.com Website) and vice versa. Should you place an order for a product or service and it goes on sale on this SochiTrip.com Website for a lower price immediately thereafter, you may contact us for a credit of the difference between the current price and the price you paid. However, you must contact us within seven (7) days of the date on which the price change first appears on this SochiTrip.com Website – later requests will not be honored. Other product and service limitations and disclaimers may apply. Typographical Errors The price for a product or service on the SochiTrip.com Website may differ from the price shown in your shopping cart at the time of your purchase at the SochiTrip.com Website -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the SochiTrip.com Website. If the price for the item on the SochiTrip.com Website is incorrect, then, at the sole discretion of SochiTrip.com, SochiTrip.com may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before charging you for such product or service; (c) cancel the order for such service and notify you of such cancellation; or (d) sell the product or service at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, SochiTrip.com shall issue a credit to your credit card account in the amount of the incorrect price that was charged. Applicability of ContentThis Website is operated in Sochi, Russia, and SochiTrip.com makes no representation that the content provided through the SochiTrip.com are applicable or appropriate for use in jurisdictions other than Russia. If you access our SochiTrip.com (including, but not limited to, this Website) from outside of Russia, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the SochiTrip.com, you may not view or use the SochiTrip.com. Product & Service AvailabilityThe SochiTrip.com (including, but not limited to, this SochiTrip.com Website) refers to products and services available for purchase at this Website by buyers with a physical address located within the United States of America. Subject to the terms and conditions of this Agreement, SochiTrip.com will sell products, and provide services, to you if the product or service is currently available and/or the product is in SochiTrip.com’s inventory or the service is a service made commercially available by SochiTrip.com. SochiTrip.com cannot guarantee the availability of a product or service at all times. Sales Tax PolicySales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws. Order Acceptance/ConfirmationYour receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error. Validating Your Order After you place an order through this SochiTrip.com Website with our payment vendor, our vendor or SochiTrip.com will check the information you gave us for validity. Our vendor or SochiTrip.com may require additional verifications or information before accepting any order. Our vendor and/or SochiTrip.com reserves the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If our vendor and/or SochiTrip.com reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order. Paying for Your OrderYou may pay for your order using the payment methods designated by our payment vendor, such as Pay Pal. The accepted methods of payment may change at SochiTrip.com’s sole discretion. Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion. Your credit or debit card is generally charged upon receipt of your order. Privacy PolicyWe realize that you are concerned about how the information you provide online will be used. SochiTrip.com has a Privacy Policy that discloses what information SochiTrip.com collects about you, how SochiTrip.com uses such information, the steps SochiTrip.com takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on this Website and is incorporated herein by this reference. Please read our Privacy Policy for more details. JurisdictionThis Agreement shall be governed and construed in all respects by the laws of the State of Delaware, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SochiTrip.com, and purchases of products and/or services through the SochiTrip.com must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Delaware or the United States District Court for the State of Delaware for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding. SochiTrip.com Intellectual Property NoticeSochiTrip.com has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. SochiTrip.com respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide SochiTrip.com’s Copyright Agent the following information (the “Copyright Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the SochiTrip.com; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. SochiTrip.com’s Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at: info@sochitrip.com Order of PreferenceThis Agreement governs your use and access to the SochiTrip.com. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with SochiTrip.com. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the SochiTrip.com, conflicts with any provision of your other agreements with SochiTrip.com, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement. Links to Other Web SitesThe SochiTrip.com contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of SochiTrip.com). SochiTrip.com is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by SochiTrip.com. SochiTrip.com hereby disclaims any and all liability for, any information, materials, and products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, SochiTrip.com does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is SochiTrip.com liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of SochiTrip.com and Third Party Sites may provide less security than SochiTrip.com. Without limiting the foregoing, the SochiTrip.com may contain offers from SochiTrip.com for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the SochiTrip.com, including, but not limited to, price, quantity, availability and description may vary from those shown on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the SochiTrip.com and what is offered at the merchant website will be governed by the terms shown on the merchant’s website. SochiTrip.com is not responsible or liable for any such differences or discrepancies. Revisions and ConsentsSochiTrip.com reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. SochiTrip.com also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the SochiTrip.com (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above. By continuing to enter this Website and/or using the SochiTrip.com, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement. Forward-Looking StatementsThe SochiTrip.com (including, but not limited to, this SochiTrip.com Website) may make forward-looking statements concerning SochiTrip.com’s future performance. Such statements are subject to risks and uncertainties that may cause SochiTrip.com’s actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. SochiTrip.com undertakes no obligation to update publicly or revise any such statements. Factors that could cause SochiTrip.com’s actual financial and other results to differ materially from those projected by SochiTrip.com in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory. Entire Agreement This Agreement constitutes the entire agreement between you and SochiTrip.com with respect to the subject matter addressed herein, and governs your access to and use of the SochiTrip.com, superseding any prior agreements between you and SochiTrip.com relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with SochiTrip.com pursuant to your enrollment and/or participation in other features of the SochiTrip.com. ArbitrationExcept for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the Russian Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. General ProvisionsIf any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect. If the jurisdiction in which you provide legal services does not authorize your participation in this SochiTrip.com Website, then you are not authorized to use, participate and/or register with this SochiTrip.com Website and/or SochiTrip.com. SochiTrip.com’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. SochiTrip.com may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of SochiTrip.com. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. Print this Agreement For record keeping purposes, SochiTrip.com encourages you to print this Agreement and the ancillary documents described herein. You agree that this Agreement, combined with your act of using the Website and/or the services offered on or through the Website have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement. Created: June, 2010
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