YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

This website, mockingbirdtravel.com, is a service made available by Mockingbird Travel, LLC (“MT”) and all content, information, and services provided on or through the website (the “Content”) may be used solely under the following terms and conditions (“Terms of Use”).
 

1. Website Limited License.  As a user of this website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the website and Content in accordance with these Terms of Use.  MT may terminate this license at any time for any reason.
    

2. Limitations on Use.  The Content on this website is for personal use only and not for commercial exploitation.  You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the Content, nor may you use any network monitoring or discovery software to determine the site architecture or extract information about usage or users.  You may not use any robot, spider, other automatic device, or manual process to monitor or copy the website or the Content without MT’s prior written permission.  You may not use this website to transmit any false, misleading, fraudulent or illegal communications.  You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the website or the Content, except to the extent permitted above.  You may not use or otherwise export or re-export the website or the Content in violation of the export control laws and regulations of the United States.  You may not use the website or the Content in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of MT or any third parties or violate any state or federal law.  Any unauthorized use of the website or the Content is prohibited.
    

3. License of Your Content.  By uploading content to or submitting any materials for use on the website, including, without limitation, interactive areas (e.g., blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer), you grant MT a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You certify and warrant that your content and submitted materials: (i) are your original works or that the owner of such works has expressly granted to MT a similar license for said works with all of the rights granted by you in this paragraph, and (ii) do not violate and will not violate the rights of any third party, including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right.  If you have submitted a photo, you agree that this photo may be included in the website or, if you have not submitted a photo, then MT may, but is not obligated to, display a stock photo or image.  You hereby consent to the use of such stock photos or images.  You agree that you shall have no recourse against MT for any alleged or actual infringement or misappropriation of any proprietary or other right in uploaded content or submitted materials.  You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation on the website.
    

4. Restrictions Regarding Your Content.  You shall not post, publish, upload or distribute any content or materials which are unlawful or abusive in any way, including, but not limited to, any materials that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange, either intentionally or unintentionally. MT has no obligation to monitor or screen your content and is not responsible therefor; however, MT reserves the right, in its sole discretion, to monitor, screen, edit and remove such content or cause such content not to be posted, published, uploaded or distributed, at any time and for any reason or no reason.
    

5. Third Party Communications.  MT disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications.  You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications.  MT assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications.  As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this website.
    

6. Intellectual Property Rights.  Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring to you any license or right, by implication, estoppel or otherwise, under any law, rule or regulation, including, without limitation, copyright, trademark, or other intellectual property rights. You agree that the website and the Content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
    

7. Digital Millennium Copyright Act; Notification of Alleged Copyright Infringement.  In accordance with the Digital Millennium Copyright Act (the “Act”), MT has designated an agent to receive notification of alleged copyright infringement occurring on the website and avails itself of the protections under the Act.  If you believe that your copyrighted work is being infringed, notify our designated agent at info@mockingbirdtravel.com.  MT reserves the right to remove any Content or links that allegedly infringe another person’s copyright.  MT will terminate, in appropriate circumstances, subscribers and account holders of MT’s system or network who are repeat infringers of another person’s copyright. 
    

8. No Solicitation.  You shall not distribute to any persons or entities identified via the website any content or material containing solicitations or advertising of any kind without the express prior written permission of MT.  In no event may any person or entity solicit any users with data retrieved from this website.
    

9. Advertisers. This website may contain advertising and sponsorships.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website is accurate and complies with applicable laws.  MT will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
    

10. Registration.  Certain sections of this website may require you to register.  If registration is requested, you agree to provide accurate and complete registration information.  It is your responsibility to inform MT of any changes to that information.  Each registration is for a single person only, unless specifically designated otherwise on the registration page.  MT does not permit (i) any other person using the registered sections under your name, or (ii) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.  If you believe there has been unauthorized use, you must notify MT immediately at info@mockingbirdtravel.com.
     

11. Errors and Corrections.  MT does not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected.  MT does not warrant or represent that the information available on or through the website will be correct, accurate, timely, or otherwise reliable.  MT may make improvements and/or changes to the website’s features, functionality or Content at any time.
     

12. Third Party Content.  Third party content (including your or other users’ content) may appear on this website or may be accessible via links from this website. MT is not responsible for and assumes no liability for any infringement, mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the website.  You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the beliefs or opinions of MT. Further, information and opinions provided by employees and agents of MT are not necessarily endorsed by MT and do not necessarily represent the beliefs and opinions of MT.
     

13. DISCLAIMER OF WARRANTIES.  MT does not make any representations, warranties or guarantees regarding the accuracy, completeness, adequacy or currency of the website or the Content or your use of the website or the Content for any purpose.  The website and the Content are provided on an “as is, as available” basis, and your use of the website and the Content are at your own risk.  MT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  MT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.
     

14. LIMITATION OF LIABILITY.  IN NO EVENT WILL MT (OR ITS OWNERS, EMPLOYEES, OR AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, WHETHER BASED UPON A CLAIM OR ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN CONNECTION WITH THE WEBSITE OR THE CONTENT OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, REGARDLESS OF WHETHER MT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  MT’S LIABILITY TO YOU, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR OTHERWISE, WILL BE LIMITED TO DIRECT DAMAGES AND WILL IN NO CIRCUMSTANCES EXCEED, IN THE AGGREGATE, THE FEES PAID TO MT BY YOU.
     

15. Waiver and Release.  You hereby waive, release, acquit and forever discharge any and all claims, demands, losses, injuries, liability, or damages of any kind and nature, against MT, its parents, subsidiaries, partners and affiliates, and its and their respective members, directors, officers, employees and agents, licensors, suppliers and representatives and any third party information providers, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the website and the Content, and any disclosure of information resulting from your use of the website.
     

16. Indemnification.  You agree to indemnify, defend and hold MT, its parents, subsidiaries, partners and affiliates and its and their respective members, officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to this website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, relating to or arising out of (i) your use of the website or the Content, (ii) any violation of these Terms of Use by you, or (iii) any content or materials uploaded or submitted by you.
     

17. Third Party Rights.  The provisions of Sections 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Waiver and Release) and 16 (Indemnification) are for the benefit of MT, its parents, subsidiaries, partners and affiliates and its and their respective members, officers, directors, employees, agents, licensors, suppliers and representatives and any third party information providers to this website.  Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
     

18. Risks of Travel.  All travel carries inherent risks, both known and unanticipated.  These risks may include injuries and losses resulting from transportation accidents, inclement weather, strikes, hostilities, terrorist acts, wars, natural disasters, and pandemics; loss and theft of personal property; and illness or death.  These risks are out of the control of MT.  MT accepts no responsibility or liability for any losses or damages arising from your travels.  You voluntarily accept and assume all risks associated with your travels.  
     

19. Unlawful Activity.  MT reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action it deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
     

20. Remedies for Violations.  MT reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the website.
     

21. Applicable Law.  These Terms of Use shall be construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws provisions. You agree that any action or claim relating to or arising out of this Agreement shall be brought in a court of competent jurisdiction sitting in the District of Columbia, and you hereby irrevocably consent to personal jurisdiction and venue of, and agree to be bound by any judgment and orders rendered by, such courts. 
     

22. Privacy.  Your use of the website is also subject to MT’s Privacy Policy.
     

23. Severability of Provisions.  These Terms of Use (along with any notices contained on the website and the Privacy Policy) constitute the entire agreement with respect to access to and use of the website.  If any provision of these Terms of Use is found illegal, invalid or otherwise unenforceable, then that provision shall be deemed severable from the remaining provisions and the remaining provisions of these Terms of Use shall not be so affected.
     

24. Modifications to Terms of Use.  MT reserves the right to change these Terms of Use at any time.  Updated versions of the Terms of Use will appear on this website and are effective immediately.  You are responsible for regularly reviewing the Terms of Use.  Continued use of the website after any such changes constitutes your consent to such changes.
     

Last Updated: May 1, 2015

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