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Terms & Conditions

I Agree to the terms and Conditions below

As a user of the RezEngine website, you agree to be bound by these Terms & Conditions.

YOU MUST READ THESE REZENGINE TERMS AND CONDITIONS.

By electronically signing the Account Application and applying for a RezEngine account, you represent to us that you have read and understand these Terms and Conditions, and accept and agree to abide by them. You also agree to the use of an electronic record of documents included with the Account Application process, including, but not limited to, these Terms and Conditions and the Account Application itself, as full satisfaction of any requirement that they be provided to you in writing. If you do not agree with any of the terms and conditions included in this document or find any part of them unacceptable, discontinue the application process and do not sign the Account Application.

THE FOLLOWING IS A LEGALLY BINDING CONTRACT BETWEEN YOU, THE CUSTOMER AND ETISBEW TECHNOLOGY GROUP, INC. AND GOVERNS YOUR USE OF THE REZENGINE WEB APPLICATION, ITS CONTENT AND SERVICES AND YOUR ACCOUNT WITH REZENGINE.

BY OPENING A REZENGINE ACCOUNT AND BY ELECTRONICALLY SIGNING THE ACCOUNT APPLICATION, CONDUCTING BUSINESS USING REZENGINE APPLICATION OR CONTINUING TO USE THE REZENGINE APPLICATION, YOU ARE ACCEPTING AND AGREEING TO ABIDE BY ALL OF THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OR FIND ANY OF THEM TO BE UNACCEPTABLE, DO NOT SIGN THE ACCOUNT AGREEMENT AND SIMPLY LEAVE THE WEB SITE.

In this Agreement, "you", "your", "customer" refer to the individuals, corporations or parties who are the account owners, have an interest in the account(s), and consent to be bound by the terms of this Agreement. "RezEngine", "our", "us", "we" refers to Etisbew Technology Group, Inc., its employees, representatives, officers, directors, agents, successors and assigns.

The terms and conditions of this Agreement apply to RezEngine and you. Certain provisions, as indicated, will also apply to Information Providers, Service Providers, affiliates of RezEngine and you. In consideration of RezEngine opening one or more accounts on your behalf, you understand and agree to the following:

This product is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our product(s) constitutes your agreement to all such terms, conditions, and notices.

Welcome to the user agreement (the "Agreement" or "User Agreement") for RezEngine. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.RezEngine.com (the "product") and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use our product or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of RezEngine. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages, as they may contain further terms and conditions that apply to you as a RezEngine user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of any other RezEngine websites will be governed by the User Agreement and Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and RezEngine. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on April 15th, 2005 for all users. The previous amendment to this Agreement was effective for all users on March 15th, 2005.

Membership Eligibility: Our products & services are available only to, and may only be used by business entities or individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products & services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended RezEngine members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our product. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Fees and Services: Trial version of RezEngine is free. We do charge fees for continued use of Trial version beyond specified periods and when you are ready to license the product. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our products & services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on our website. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for any promotional features and such changes are effective when we post the temporary enhancements on the website. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our product(s) & service and all applicable taxes.

RezEngine is an Application Service Provider: RezEngine, Division of Etisbew Technology Group, Inc. (RezEngine) is an Application Service Provider providing Online Booking Engine Application. RezEngine does not (1) act as a principal in Travel Related Business or Distribute Travel Products on behalf of its customers; (2) provide its clients internally generated research or advice regarding Travel Business; or (3) determine suitability as to the type and/or frequency of transactions in client accounts. RezEngine provides software to customers to configure travel products and an online booking engine to search and purchase the client's travel products. The customer uses the RezEngine application to conduct their business and to configure and distribute their travel products.

Identity Verification: We use many techniques to verify the accuracy of the information our users provide us when they register with us for our product(s) & services.

Release: Because RezEngine is a software product which you are going to license, in the event that you have a dispute with one or more users, you release RezEngine (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Restricted Activities: Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than RezEngine's (this does not prevent linking to or advertising an RezEngine item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.

License: Solely to enable RezEngine to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. RezEngine will only use Your Information in accordance with our Privacy Policy.

Access and Interference: : The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to RezEngine by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of RezEngine and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Feedback: 
Privacy: We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://pages.RezEngine/help/policies/privacy-policy.html. If you object to your Information being transferred or used in this way please do not use our services.

No Warranty: WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Liability Limit: IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity: You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency: You and RezEngine are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail to RezEngine Attn: Legal Department, 7031 Glen Arbor Dr, Florence, KY 41042 (in the case of RezEngine) or to the email address you provide to RezEngine during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to RezEngine during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes: In the event a dispute arises between you and RezEngine, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and RezEngine agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or RezEngine may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court: Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Florence, Kentucky. You and RezEngine agree to submit to the personal jurisdiction of the courts located within the county of Florence, Kentucky.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

General: This Agreement shall be governed in all respects by the laws of the State of Kentucky as such laws are applied to agreements entered into and to be performed entirely within Kentucky between Kentucky residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections "Fees and Services" with respect to fees owed for our services, "Release", "License", "Access and Interference", "Liability Limit", "Indemnity" and " Resolution of Disputes" shall survive any termination or expiration of this Agreement.

Privacy Policy

Effective Date: May 1st, 2005

REZENGINE values our relationship with you and the other users of our web site (the "Web Site") and the services offered on it (the "RezEngine.com Services"). We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information ("Personal Information") that we may collect when you use the Web Site and the RezEngine.com Services. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect this information, and what we do with it after we collect it. If you have any questions or comments regarding this Privacy Policy, please contact us at: privacy@RezEngine.com

How Do I Agree to the Privacy Policy?
This Privacy Policy is a part of the Terms of Service ("TOS"). Accordingly, when you click the "I Agree" button or access or use the Web Site or the RezEngine.com Services, you agree that we can collect, use, and disclose your information in accordance with this Privacy Policy. If you do not agree or are not comfortable with any part of this Privacy Policy, you may not use the Web Site or the RezEngine.com Services.

Does RezEngine.com Ever Make Changes to its Privacy Policy?
We may make changes to the Privacy Policy from time to time. We will notify you of any changes by sending you an email (if you are a Shopkeeper), posting a notice on the home page of the Web Site, or, through the use of cookies, informing you when you first sign on to the Web Site after we have made changes. If you receive notification of a change in our Privacy Policy, you must review the new Policy carefully to make sure you understand our practices and procedures. You must configure your browser to accept cookies from us to receive notices of changes to the Privacy Policy.

What Types of Information Does RezEngine.com Collect From Me?
Personal / Business Information. We collect Personal / your Business Information from you. As explained above, Personal / Business Information is information that can be used to identify you individually / your business, such as your name, mailing address, phone number, email address, credit card number, and financial information.

Non-Personal Information. We also collect "non-personal" information from you. This information ("Non-Personal Information") cannot be easily used to personally identify you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP Address.

How and When Does RezEngine.com Collect This Information?
Providing Information to Us. We collect Personal / Business Information from you when you provide it to us. For example, if you purchase our product / subscribe to our services, we may collect your name, mailing address, telephone number, credit card number, and email address. If you sign up to receive a newsletter, we will collect your email address.

Communications With Us. If you communicate with us regarding the Web Site or the RezEngine.com Services, we will collect any information that you provide to us in any such communication.

Analytic and Reporting Technologies. Like the operators of most web sites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, clickstream patterns, and the dates and times that the Web Site and the RezEngine.com Services are accessed.

How Does RezEngine.com Use My Information?
Personal / Business Information. We use Personal / Business Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the RezEngine.com Services and the Web Site, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. Similarly, if you sign up to receive a RezEngine.com newsletter, we will use the email address you provide to send you the newsletters.

Non-Personal Information. We use non-personal information to track your use of the Web Site and RezEngine.com Services and for other internal purposes, particularly providing, maintaining, evaluating, and improving the RezEngine.com Services and the Web Site.

When Will RezEngine.com Disclose My Information to Third Parties?
Generally speaking, we do not intentionally disclose your information to third parties without your consent. In some instances, however, we reserve the right to do so because it is necessary to the operation and continued growth of our business or to protect the rights of others. These instances are discussed below:

Disclosure to Successors. We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us.

Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order).

Disclosure to Third-Party. Service Providers. We may contract with various third parties who help us provide and maintain the Web Site or the RezEngine.com Services. For example, we use a third-party to process payments made to us, and may subcontract out production, fulfillment, or other operations. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. However, we cannot guarantee that such third parties will not disclose your Personal Information.

Disclosure of Non-Personal Information. We will disclose Non-Personal Information, usually in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not "opt out" of the sharing of this information. However, it cannot be easily used to identify you personally.

What About Cookies?
A cookie is a message that is sent to your computer from a web server and stored on your computer's hard drive. Most web sites use cookies. We use cookies to track your use of the Web Site and the RezEngine.com Services, provide you with a more personalized user experience, and to allow you to sign in and begin use of the RezEngine.com Services automatically when you visit the Web Site. We may also use cookies to ensure that you have been notified of and agreed to the then-current version of the Terms of Service, Privacy Policy, and any other agreements and policies relating to your use of the Web Site or the RezEngine.com Services.

Does RezEngine.com Protect My Personal Information?
Personal / Business Information. Whenever we obtain your Personal / Business Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

Web Site Content. The content that you store, post, or transmit on or through the Web Site, such as message board postings, "About Me" pages, and images on your Products, may be accessed by other users, including people that you do not know. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.

How Can I Review and Make Changes to My Personal Information?
You can obtain a copy of and request that we correct errors in your Personal Information by emailing us at privacy@RezEngine.com. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information. If you wish, we will delete all of your Personal Information (except for your transaction history) from our records upon your request. However, if you choose to delete your Personal Information, you may not be able to access some areas of the Web Site or use some of the RezEngine.com Services.

What About Children's Privacy?
Under Thirteen. The RezEngine.com Services are intended for users ages thirteen and older. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of thirteen. In addition, we will delete any information in our database that we know originates from a child under the age of thirteen.

Thirteen to Seventeen. Prospective users between the ages of thirteen and seventeen can only use the RezEngine.com Services under their parents' legal guardian's supervision. If you are between the ages of thirteen and seventeen, you, your parent, or your legal guardian may request that we delete any of your Personal Information in our database and/or "opt out" from receiving communications from us. If you wish to do so, please contact us at the email address provided below.

Can I "Opt Out" From Receiving Communications From RezEngine.com?
You may "opt-out" from receiving communications from us at any time. You may also "opt-out" on behalf of your spouse or children (if any). To "opt out," please contact us at privacy@RezEngine.com.