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    NOMOON TRAVEL COMPANY
    TERMS OF USE

     

    Your use of the Nomoon Travel company (“Nomoon”) web site nomoontravel.com (the “Site”) is subject to these Terms of Use. Use of the Site in any manner constitutes acceptance of these Terms of Use.

    From time to time, we may change, move, delete or add to the Site. In addition, we may amend these Terms of Use at any time by posting a revised version on the Site. We will notify you before making any material changes to these Terms of Use that adversely affect you.

    Use of the Site 

    We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of browsing the Site, participating in the activities sponsored by the Site, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance, according to the terms and conditions stated herein.  Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice. 

    By using the Site, you represent that you are of legal age to use the Site in your jurisdiction of residence and are not a person barred from using the Site under the laws of the United States or any other applicable law. 

    Your Conduct on the Site 

    You agree to abide by the following rules when using the Site:

    • You may not use the Site in such a manner as to violate any applicable law, rule or regulation.
    • You may not use the Site or any of our hardware, software or equipment for the purpose of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to us or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure or virus dissemination.
    • You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without our express prior written permission.

    Information on the Site 

    We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to the Site. Further, although we may choose to do so, we are under no obligation to record or retain any material on or associated with the Site.

    International Access 

    The Site is accessible from countries other than the United States; however, it may contain content that is not available internationally.  You are responsible for complying with your local laws and regulations when accessing the Site internationally. 

    Third Party Web Sites 

    The Site may contain links to other third party web sites.  We have no control over, and accept no liability, obligation or responsibility for, the content or performance of such other web sites.  Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked web site, its content, its owner, its performance or its owner’s products or services. 

    Ownership 

    All materials on the Site that are created or provided by us, including text, graphics, logos, icons and images, are the property of Nomoon or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on the Site is the exclusive property of Nomoon and is also protected by United States and foreign intellectual property laws. You may download, view, copy and print the materials on the Site for personal or internal business use only; provided, that you do not remove or alter any trademark, service mark or logo, or any copyright or other intellectual property notice.

    Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of Nomoon. You may not use the Site materials in connection with any product or service in any way that is likely to cause confusion, and you may not use the Site materials in any manner that disparages or discredits Nomoon or any person working in conjunction with Nomoon, including its business partners and advertising sponsors.

    Unauthorized use of any material on the Site may violate copyright law, trademark law and/or other laws of the United States and other jurisdictions.  All rights not expressly granted in these Terms of Use are hereby reserved.  

    Nomoon is the trademark owner of the “NOMOON” mark. The other trademarks, service marks and logos used on the Site are trademarks of Nomoon or others. 

    We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use.

    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

    THE SITE AND THE INFORMATION ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NOMOON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  NOMOON MAKES NO WARRANTY (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES, TROJAN HORSES OR OTHER MALICIOUS CODE, (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED, or (e) WITH RESPECT TO ANY PRODUCT OR SERVICE AVAILABLE THROUGH OR ADVERTISED ON THE SITE. 

    No information or advice obtained through the Site shall constitute a warranty. 

    Your use of any material distributed, downloaded or accessed from the Site is at your own risk and discretion.  You will be solely responsible for any damage to your computer system, loss of data or loss due to your downloading or reliance upon any such material. Nomoon assumes no responsibility, and will not be liable for, any damages to your computer equipment, software or other property as a result of your downloading, viewing or otherwise using the Site or any material found on the Site, or any other web site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site. 

    IN NO EVENT SHALL NOMOON’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF USE OR ANY USE OF THE SITE EXCEED $100. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

    DISCLAIMER OF CONSEQUENTIAL DAMAGES 

    IN NO EVENT SHALL NOMOON BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON NOMOON IN CONNECTION WITH THESE TERMS OF USE, (b) THE USE OF OR INABILITY TO USE THE SITE, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE, OR YOUR RELIANCE ON THE SAME.  

    For the sake of clarity, “consequential damages” shall include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you. 

    Nomoon shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond Nomoon’s reasonable control, including, but not limited to, mechanical, electronic or communication failure or degradation. 

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. 

    Termination 

    We reserve the right to modify any features of the Site at any time without advance notice. In the event either you or Nomoon terminates the agreement under these Terms of Use for any reason, you remain liable for any fees incurred before such termination is effective. 

    NOMOON MAY, IN ITS SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE (a) FOR ANYONE FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, OR (b) FOR ANYONE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER RETAILERS OR USERS OF THE SITE, OURSELVES, OR THIRD PARTIES, OR AS REQUIRED BY LAW. 

    Indemnity 

    You agree to indemnify, defend and hold harmless Nomoon, its affiliates, successors, advisors and licensors, and each of their respective directors, officers, managers, members, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or the failure to fulfill any obligation relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. Nomoon reserves the right to take over the exclusive defense of any claim for which Nomoon is entitled to indemnification under this section. In such event, you shall provide Nomoon with such cooperation as is reasonably requested by Nomoon.

    Equitable Relief

    You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure and, therefore, upon any such breach or threat of such breach, Nomoon shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies Nomoon may have at law, under these Terms of Use or otherwise. 

    Governing Law 

    These Terms of Use shall be governed by and construed under the laws of the State of California without regard to its or any other jurisdiction’s conflicts of laws principles.  Except as set forth in the “Equitable Relief” section above, the sole jurisdiction and venue of any action related to these Terms of Use shall be the California state courts and the United States federal courts in Los Angeles County, California.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts. 

    Privacy Policy 

    Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.  Our Privacy Policy here.

    General Provisions 

    All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest. The waiver by us of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time.  If any provision or portion of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions and portions shall not be affected. The section headings are used for convenience only and shall not affect the construction or interpretation of these Terms of Use.