This Website and all content and services provided on this Website are provided on an "as is" and "as available" basis. NewSleeps expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. NewSleeps makes no warranty, and expressly disclaims any obligation, that: (a) this Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of this Website or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.
We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to this Website or your downloading of any content from this Website or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any use of this Website or content, (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or ticketing), or (iii) the performance or non performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
Subject to these terms and conditions, you will defend, indemnify and hold us and the others, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your use of or access to this Website.
NewSleeps's display on or through the website of travel product options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of NewSleeps by any such third party or any affiliation between any such third party and NewSleeps. NewSleeps's display of specific options does not suggest a recommendation by NewSleeps of the third partys or their travel options. You agree that NewSleeps is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third partys. Your interaction with any third party accessed through this Website is at your own risk, and NewSleeps will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third partys or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third partys.
Furthermore, this Website may contain links to other Websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not endorse the contents of Other Websites. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them.
You agree to abide by the terms or conditions of purchase imposed by any third party with whom you elect to deal. Any third party that is an air carrier may be required to make available to the public the terms of its contract of carriage pursuant to Title 14, Part 253 of the Code of Federal Regulations. The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any third party with whom you elect to deal, including terms or condition of purchase set forth in an air carrier's fare rules or contract of carriage.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice on this Website at least ten (10) days before any modification becomes effective. Your continued use of this Website following the posting of notice of any modification will be subject the Terms in effect at the time of your use. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with this Website in any way, your only recourse is to immediately terminate use of this Website. Other terms and conditions may apply to your reservations, bookings and purchases of travel services through this Website, the third partys' websites, and to your use of other portions of this Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of this Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of this Website. The laws of the State of Connecticut (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of this Website or these Terms, you agree to file such action only in the state and federal courts located in Jacksonville, Florida (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
Effective date: October 20, 2008