Terms and Conditions of Use
Please carefully read these terms and conditions of use (these "Terms of Service
") before using
the Vantage-Estore.com (the “Site
”). Your access to and use of the Site is subject to these Terms of
Site, you signify your assent to these Terms of Service. These Terms of Service may be amended or modified
at the sole discretion of Vantage Travel Service, Inc. (“Vantage
”), or new conditions may be imposed,
at any time with or without notice. Any such changes or additions will be reflected by an update of this
posting. Please check these Terms of Service periodically for changes. Your continued use of the Site
accept those changes. If you do not agree to these Terms of Service, please do not use the Site.
- OWNERSHIP AND USE RESTRICTIONS
Vantage-EStore.com is owned by Vantage, and operated by Vantage in association with 3PL Worldwide, Inc.,
a Connecticut corporation (“3PL”). Vantage, 3PL, and their respective operators, members, teams,
affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators."
The content and materials contained within the Site (including, without limitation, video, audio, photos,
text, images, and all copyrights and intellectual property related to the Site, Vantage, and affiliates
of Vantage) (collectively, the "Content") are either owned by, or licensed to, Vantage. The Content from
the Site may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied,
publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service,
without the express written permission of Vantage. The Operators maintain this Site for your personal
information, education, and communication. Please feel free to browse the Site. You may download one copy of
each piece of material displayed on the Site to any single computer for your personal, noncommercial use only,
provided that you also retain all copyright and other proprietary notices contained on the materials. You may
not, however, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit,
reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other Website
or otherwise without the express written permission of Vantage.
Modification of any materials displayed on the Site in any manner is a violation of the Operators' copyright
and other proprietary rights.
The trademarks and service marks (each a “Trademark” and, collectively, the “Trademarks”) of
Vantage and its affiliates, including Vantage-EStore.com, are the exclusive property of Vantage. All other
Trademarks appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any
Trademark displayed on the Site in any manner without the express written permission of its respective owner.
Any use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these
Terms of Service, is strictly prohibited.
Images of people, places or products displayed on the Site are either the property of, or used with
permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited
unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the
Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your
use of materials displayed on the Site will not infringe upon the rights of third parties neither owned by nor
affiliated with the Operators.
- REGISTRATION FOR USE OF CERTAIN FEATURES
In order to access certain features of the Site, you may be required to register with Vantage by providing
certain personally identifiable information about yourself, including your name and email address. In
consideration for our granting you access to these features of the Site, you hereby expressly agree to
provide true, accurate, current and complete information about yourself as requested as and necessary for
our provision of, and/or your registration for the use of, those features of the Site, subject to all
applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or
if Vantage has reasonable grounds to suspect that the information that you have provided is untrue,
inaccurate, not current or incomplete, Vantage has the absolute right to suspend or terminate your password
at any time and refuse you any and all current or future use of the Site. For information concerning how
You may receive a password upon completing the registration process. You are solely responsible for
maintaining the confidentiality of the password, and are solely responsible for all activities that
occur under your password. Vantage is not responsible for any loss or damage arising as a result of
your failure to comply with this Section 2.
- THE ONLINE STORE ("STORE")
The Site provides a Store that allows you to order products (the "Merchandise") online, supplied
by independent merchandise vendors (each, a "Vendor" and, collectively, the "Vendors"). ALL ORDERS ARE
SUBJECT TO PRODUCT AVAILABILITY. VANTAGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE
VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, OR ANY LOSS
OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE MERCHANDISE. Vantage reserves the right to modify
the price of any Merchandise. Vantage is not responsible for any error in copy or images relating to
Merchandise. In order to purchase Merchandise on the Site, you must provide complete and accurate
personal information consisting of your name, address, telephone number, email address, credit card
collected and used.) Your ability to purchase merchandise is subject to limits established by your
credit card issuer. Vantage may bill your credit card at the time merchandise is ordered or shipped.
Any special order will be billed immediately after the order is received. You must pay all amounts
accrued in your account, including sales tax and shipping and handling charges, when due. Vantage
may in its sole discretion decline service to or terminate any account. None of Vantage, the Vendors
or the Operators is responsible for and must not be held liable for any breaches in transaction
security by any third party. Questions relating to the Store, Merchandise and its fulfillment
should be directed to Vantage by telephone to .
- DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operators use reasonable efforts to include accurate and up to date information in the
Site, the Operators make no warranties or representations as to its accuracy. The Operators assume
no liability or responsibility for any errors or omissions in the content of the Site. The Operators
make no representation that the materials contained in the Site are appropriate or authorized for
use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access
the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS
ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE
OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE ILLEGAL
CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT,
TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY
OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL
THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE
EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and
from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or
any affiliate of any third party site or content. The Operators are not responsible for the availability of these
third party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the
Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your
linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators.
By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations
of any kind with respect to, such other sites or any content contained within such other sites, and you hereby
revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding
any external link to its site administrator or Webmaster.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found
on or through the Site, including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely between you and such
advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result of the presence of such
advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors
and advertisers appearing on or through the Site shall be at your sole risk.
The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail
to a user's email address if on record, or by written communication sent by first class mail to a user's
address if on record. You may give notice to the Operators (such notice shall be deemed given when received)
by any of the following means:
- Electronic mail to: vantageestore@3PLworldwide.com ;
- A letter faxed to Vantage E-Store at the following fax number: ;
- Letter delivered by first class postage prepaid mail or courier to Vantage E-Store at the following address:
Vantage E-Store/3PL Worldwide
6 Waterview Drive
You hereby agree to indemnify and hold Vantage Travel Service, Inc., Vantage E-Store, VantageE-Store.com,
3PL, and each of their respective members, operators, directors, officers, employees, agents, affiliates and
representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and
court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of
the Store; and (ii) any breach or alleged breach of these Terms of Service.
- TERMINATION OF SERVICE
The Operators may, in its sole discretion, change, suspend or discontinue any aspect of the Site at any time
with or without notice, including the availability of any Site feature, database, or content. The Operators
may also cancel your registration password, or impose limits on certain features and services or restrict your
access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time,
in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the
Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates
these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe
is harmful to other customers, to the Operators' respective businesses, or to other information providers. Upon
any termination of this agreement, you immediately discontinue your use of the Site and destroy all materials
obtained from it.
- CHOICE OF LAW
These Terms of Service shall be construed and controlled by the laws of the Commonwealth of Massachusetts,
United States of America. Further, any disputes relating to these Terms of Service or anything contained on
the Site will be governed by the laws of the Commonwealth of Massachusetts, United States of America, without
regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Site shall
be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of
Suffolk, Commonwealth of Massachusetts, United States of America, and you hereby consent to the jurisdiction
of such court solely for such purposes and you further waive any argument that any such court does not have
jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators
will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in
successfully proving any breach of any term of these Terms of Service.
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and
contemporaneous written or oral agreements, proposals or communications with respect to the subject matter
herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service,
and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you.
The section headings in these Terms of Service are for convenience only and must not be given any legal import.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void,
invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By using the Site, you signify your agreement to these Terms of Service in their entirety. If you do not agree
with the terms included herein, you must not use the Site. Vantage may change these Terms of Service at any
time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate
your acceptance thereto.
LAST UPATED: December 15, 2006