Section 1. Acceptance of Terms.
Use of the web-site located at www.ontheroadtravel.com (the "Site") and the services available from the Site is subject to the following Terms and Conditions. Please read these Terms & Conditions carefully before using or registering with the Site. Your use of the Site is expressly conditioned on your acceptance of these Terms & Conditions. If you do not agree with any part of these Terms & Conditions you must not use this site.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the On The Road service indicates your acceptance of the amended User Agreement.

Section 2. The Site.
The Site is owned and operated by On The Road Travel, LLC, a California corporation and the arrangement and compilation of the content found on the Site is the copyrighted property of On The Road Travel, LLC, its parent company, and/or their affiliates (herein referred to as "OTR"), and/or their various third party providers and distributors. Some of the content found on the Site is owned by members, some of the content found on the Site is owned by other third party providers, and some of the content found on the Site is owned by OTR. In addition, the trademarks, logos and service marks (“Trademarks”) displayed on the Site are registered and common law Trademarks of OTR, its affiliates and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without the written permission of OTR, or such other party that may own the Trademarks.

Section 3. Access and Registration.
In order to use the Site, you need the equipment necessary to connect to the World Wide Web (the "Internet"), and the connection necessary to access the Internet. You are responsible for any fees associated with such a connection or access (such as those charged by an Internet Service Provider (an "ISP") or other online service). In order to submit travel journals to and obtain other benefits and services from the Site, you must first register. You agree you will: (a) provide accurate and complete information when prompted to do so by any registration form, and (b) maintain and update such information so it remains accurate and complete.

Section 4. Privacy.
Your privacy is important to OTR. All information gathered from you in connection with your use of the Site will be governed by the provisions of the Site's Privacy Statement . You acknowledge that you have read the OTR Privacy Statement, the terms of which are incorporated herein, and agree that the terms of such Privacy Statement are reasonable. You consent to the use of your personal information in accordance with and for the purposes set forth in such Privacy Statement.

Section 5. Booking Conditions
OTR is NOT a travel agent or tour operator but a facilitator, which has relationships with a number of suppliers, whose properties, tours and special interest trips are featured on this website. Your booking, when it is made, will not be with OTR but with the relevant accommodation, trip or service supplier.

Your reservation will become confirmed once you have sent on-line confirmation and provided your credit card details (if required), and paid any required deposits (if required) and when the supplier acknowledges receipt of your deposit/guarantee (if required). Any other amounts due from you other than any cancellation fees collected by OTR on behalf of any supplier, will be made direct to the supplier concerned. As such, we accept no liability in relation to any contract you enter into or for any services or arrangements you purchase or for the acts or omissions of any suppliers or other persons or parties connected with any arrangements.

In some cases OTR will charge an initial non-refundable deposit on behalf of the supplier. These deposits are charged in US$ or, if provided in another currency, at the equivalent amount using the current market conversion rate to the US$ against the deposit amount.

All bookings for accommodation and trips are subject to the booking conditions of the relevant supplier. Customers are responsible for reading the supplier's booking conditions of which you are advised at the time of booking. If you need to cancel or amend a confirmed booking, cancellation/amendment charges may be payable to the supplier. The amount of such charges will depend on the individual supplier's cancellation policy and usually varies according to the period of notice given.

You are strongly recommended to take out personal travel insurance, at the time of booking, for all members of your party. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs.

Nothing on this website constitutes an offer on our part or on the part of the suppliers. The matters detailed constitute an invitation to you to make an offer on the stated terms to purchase arrangements featured. Our suppliers may accept or decline any such offer. All arrangements featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.

All credit card information provided by you will be handled on a secure server using 128-bit SSL technology. The secure server is separate from the server that runs this website and is maintained by Secure Hosting Limited. Your connection to the secure server is indicated on most browsers by a closed padlock. Secure Hosting Limited will hold all such information and only release it to On The Road for any of the purposes set out below:

1. The use of this information by On The Road in connection with the provision of On The
   Road's services to you as stated in these terms and conditions.
   
   
2. The release by On The Road of this information to each hotel/service provider at the stage of the on-line confirmation by you of booking.
   
   
3. The notification to you by e-mail of marketing information including possible opportunities PROVIDED THAT you have not expressed a wish (by ticking the opt out box) not to be so provided with such information.
   
   
4. The notification to you by other means (e.g. direct mail) of similar marketing information (including marketing with Third Party Partners) PROVIDED THAT you have expressed a wish (by ticking the opt in box) to be so provided with such information.

Section 6. Member Account, Password and Security
Upon registration, you will choose a member name and password. You are responsible for keeping your member name and password confidential. We recommend you memorize this information and not write it down. You are responsible for all activity occurring through use of your account and/or password. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify OTR of any actual or suspected unauthorized use of your account and password. OTR will not be responsible for any loss to you arising from your failure to comply with the above. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by use and those using your login information.

Section 7. Travel Recommendations
While OTR makes every effort to ensure the accuracy of the information published on ontheroadtravel.com, we cannot be held responsible for any errors, omissions or changes that may have occurred. All recommendations, opinions expressed and prices regarding properties and/or destinations displayed on ontheroadtravel.com are provided for guidance only. Travel industry information such as prices, hours of operation, business practices and standards, may change unexpectedly at any time. Although we do our best to provide high-quality information, we cannot control the changes that may and do come about daily to that information.

The information provided by the OTR, in private consultations, e-mail messages, and individually-planned itineraries, is provided AS IS, and no warranty is made as to its accuracy, timeliness, utility or completeness.

The user of the information is responsible for independently confirming the information through other, independent sources; and the user is responsible for the consequences of any decision made based on any information provided by OTR any means or medium, including via the Internet, telephone, letter, in person, or by other means.

Section 8. Submission of Travel Journals and other Content.
OTR will augment its travel recommendations with member submitted travel content, generally reviews of OTR recommended travel services and Member's travel journals. As a member, you understand that all journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials, including Member Content, as such term is hereinafter defined (collectively, "Site Content") appearing on the Site or submitted to the Site is the responsibility of the person or entity originating such Site Content, and OTR disclaims any liability with respect to such Site Content (see Section 16 Disclaimer below). By submitting journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials to the Site ("Member Content"), you warrant that:

• you are the owner of such Member Content, or have been granted all the rights necessary from the owner thereof to submit such Member Content to the Site and for the use by OTR as stated herein, and
  
  
• the use of such Member Content by OTR will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting Member Content to the Site: (a) you automatically grant to OTR (or warrant that the owner thereof has granted to OTR), a royalty-free, perpetual, irrevocable license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any such Member Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you; and (ii) you agree that you will not publish, submit, or display such Member Content to or on any other commercial travel-related Site or on-line service without OTR's prior written consent, which consent may be withheld by OTR in its discretion. Consent may be requested by sending an e-mail to info@OTR.com. You understand that OTR will have the right (but under no circumstances will OTR have any obligation) to screen, edit, refuse to post or remove any Member Content, in whole or in part, from any portion of the Site, in its sole discretion, including, but not limited to, Member Content that violates these Terms & Conditions or is otherwise objectionable. OTR reserves the right to disclose any Member Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Site.

Section 9. Member Conduct
You agree that you will not use the Site to:

• submit, post, upload or otherwise transmit any Member Content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
  
  
• submit, post, upload, or otherwise transmit any Member Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
  
  
• submit, post, upload or otherwise transmit any Member Content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
  
  
• submit, post, upload or otherwise transmit any Member Content that is of consistently poor quality or that is deemed inappropriate as determined by the sole discretion of the OTR editors;
  
  
• advertise or offer to sell any goods or services for any commercial purpose, with the exception of members termed experts or travel providers under a specific agreement related to such;
  
  
• conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters;
  
  
• impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
  
  
• falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other Site Content appearing on the Site or contained in a file that is uploaded;
  
  
• harm minors;
  
  
• stalk or harass another individual;
  
  
• collect or store personal data about other members; or
  
  
• Violate any applicable local, state, federal, or international law or regulation.

You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the Web pages, data or content from the Site.

OTR RESERVES THE RIGHT TO REMOVE ANY MEMBER ACCOUNT INCLUDING ALL JOURNALS, AND ANY OTHER MEMBER RELATED INFORMATION FOR ANY OF THE ABOVE OFFENSES OR FOR ANY OTHER REASON IN OTR'S SOLE DISCRETION.

Section 10. Restricted and Permitted Uses.
All Site Content may be protected under United States and/or foreign intellectual property laws, including, but not limited to, copyrights, trademarks, service marks, patents or other intellectual property and proprietary rights and laws. Unauthorized use of the Site Content may violate copyright, trademark and other laws. You must abide by all copyright notices, information or restrictions contained in or attached to any Site Content or portion of the Site.

OTR grants you a limited, non-transferable license to use the Site in accordance with these Terms & Conditions. You may only use the Site for legitimate purposes for which the Site is available, and shall not use this site for any other purposes. The Site and the Site Content, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written permission of OTR and/or its third party providers, except you may make a single copy of the Site Content on your hard drive or in print for your own personal, non-commercial use, provided, that you do not alter the Site Content. You must retain all copyright and other proprietary notices contained in the original Site Content on any copy you make of the Site Content. You also may email a single copy of product reviews to your friends or other individuals, provided that they comply with the restrictions set forth in these Terms & Conditions.

Except as explained in the preceding paragraph, you may not modify, copy, reproduce, display, publish, publicly perform, create derivative works of, sell, transfer, transmit, compile, collect in a database, distribute or otherwise use the Site Content in any way for any public or commercial purpose without the express, prior permission of the OTR and/or the copyright holder identified in the applicable copyright notice. Requests for permission may be sent to info@ontheroadtravel.com. You may not use any “robot” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Site.

If you violate any of these restrictions, your permission to use Site Content on the Site automatically terminates and you must immediately destroy any copies you have made of the Site Content.

Section 11. Trademarks
"On the Road Travel" is a service mark of OTR and the OTR logo is a trademark of OTR. You agree not to display or use in any manner any marks of OTR without OTR's prior permission. Third party trademarks, service marks, logos and trade names appearing on the Site are the property of their respective owners.

Section 12. Changes to Site or Terms & Conditions
OTR may alter, suspend or discontinue any part or service of the Site at any time, with or without notice. The Site is currently available to you free of charge. OTR, however, reserves the right to charge you in the future for using one or more parts or services of the Site. OTR will notify you of any fees associated with any part or service of the Site it may charge, and will require your subscription to that part or service of the Site prior to charging any such fees. In addition, OTR reserves the right to modify these Terms & Conditions at any time, without notice to you. Changes to these Terms & Conditions will become effective when OTR posts them here, or directly e-mails to you a notification of the changes. You agree to review these Terms & Conditions periodically to become aware of any changes and your continued use of the Site will signify your assent to any modifications to these Terms & Conditions. You further agree that these standards for notifying you of changes to these Terms & Conditions are reasonable.

Section 13. Termination by OTR; Failure to Comply with Terms & Conditions
OTR may terminate these Terms & Conditions and/or the provision of any of the services at any time for any reason. Additionally, OTR may suspend or terminate your membership and/or deny your access to, or use of Site Content or submission of Member Content to the Site, without prior notice and in its sole discretion, if OTR reasonably believes that:

• your conduct violated any provision of these Terms & Conditions;
  
  
• your conduct violated OTR's or any third-parties' rights; or
  
  
• it is inappropriate for you to enjoy continued access to or use of the Site.

Such termination shall not affect any right to relief to which OTR, its affiliates or its third party providers and distributors may be entitled at law or in equity.

Moreover, OTR reserves the right to terminate the membership of inactive members. You agree that upon termination, OTR may delete all information related to you or your membership and may deny you access to such information and the Site.

Upon termination of this Agreement and these Terms & Conditions, all rights granted to you will terminate and revert to OTR, its affiliates and its third party providers or distributors, as applicable.

Section 14. Termination by You
You may discontinue your participation in and access to the Site at any time. These Terms & Conditions will continue to apply to all past use of the Site by you, even if you are no longer using it.

Section 15. Advertisements and Links
The Site, as well as third party ad servers, may provide advertisements and links to other web sites operated by third parties. These advertisements and links are provided solely as a convenience to you and not as an endorsement by OTR of their content, and the inclusion of such advertisements and links on the Site does not imply OTR's endorsement of the material in such advertisements or on such other web sites. OTR has no control over such advertisements or web sites. OTR is neither responsible for the content of those external sites nor your dealings in connection with them. You agree that OTR does not endorse those advertisements or web sites, is not responsible for their availability or their accuracy, or for their content, advertising, products, services or other resources. You further agree that OTR will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with the use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or web sites.

Section 16. Disclaimers
THE SITE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY OTR AND THIRD PARTIES. OTR DOES NOT GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH SITE CONTENT POSTED BY OTR OR REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF CONTENT POSTED BY THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON SITE CONTENT POSTED BY OTR AND THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE SITE AND MAY BE MADE AT ANY TIME.

THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTR AND THE SUPPLIERS PROVIDING SOFTWARE OR SERVICES SUPPORT DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTCULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE SITE CONTENT, PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF THE SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE. ALTHOUGH THE SITE CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE SITE MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. OTR DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF SITE CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.

ALTHOUGH OTR INTENDS TO TAKE REASONABLE MEASURES TO PREVENT THE INTRODUCTION OF DESTRUCTIVE MATERIALS TO THE SITE, OTR DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR OR DESTRUCTIVE MATERIALS. OTR WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS SUFFERED OR ALLEGEDLY SUFFERED IN THE EVENT OF A FAILURE OR INTERRUPTION OF THE SITE OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SITE AVAILABLE TO YOU, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF OTR OR OF ANY SUPPLIER PROVIDING SOFTWARE OR SERVICES SUPPORT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE AFOREMENTIONED DISCLAIMERS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall OTR or its affiliates, licensors, content providers or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Section 17. Waiver, Release and Limitation of Liability
YOU AGREE THAT NEITHER OTR NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THE SITE, (B) YOUR RELIANCE ON SITE CONTENT, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THE SITE, EVEN IF OTR OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST OTR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.

Section 18. Indemnification
You agree to indemnify, defend and hold harmless OTR its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these Terms & Conditions, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Member Content provided by you or from your violation of any applicable law.

Section 19. Applicable Law
This Agreement is interpreted under, and governed by, the laws of the state of California and the United States of America. User consents to the exclusive jurisdiction of the State and Federal Courts of the State of California, as applicable, in respect of all claims or disputes arising out of this Agreement or any aspect of performance thereunder or in any way connected with the Site.

Section 20. Entire Agreement; Amendments and Waivers.
These Terms & Conditions contain the entire understanding and agreement between you and OTR with respect to the subject matter contained herein and supersedes all prior oral or written understandings and agreements relating thereto, except as otherwise expressly provided. These Terms & Conditions cannot be amended, supplemented or changed except as provided in Section 10, and no provision hereof can be waived, in whole or in part, except by written instrument making specific reference to such waiver and these Terms & Conditions signed by OTR. No failure or delay by OTR in exercising any rights, power, or remedy under these Terms & Conditions shall operate as a waiver of any such right, power, or remedy.

Section 21. Severability
If any portion of these Terms & Conditions shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, these Terms & Conditions shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms & Conditions, and the remaining provisions of these Terms & Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom.

Section 22. Assignment
OTR may assign its rights under these Terms & Conditions to any party without your consent. These Terms & Conditions shall inure to the benefit of OTR, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.