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Terms of Use
Use of this site indicates your acceptance of these terms and conditions. If you do not agree with the following terms and conditions you should leave this site immediately.
All images on the Travelhop.com website are copyrighted by virtue of creation. A copyright is the exclusive right granted to "authors" under the U.S. Copyright Act of 1976 to copy, adapt, distribute, publicly perform, and publicly display their works of authorship, such as literary works, databases, musical works, sound recordings, photographs, and other still images, and motion picture and other audiovisual works. All Images on this site are copyrighted by Travelhop.com and Travel Content Solutions. No ownership interest or copyright in any Image shall pass to you by the download of an image or 360-degree iPIX virtual tour.
Confidential Disclosure Agreement:
In order to protect certain confidential and
proprietary information which may be disclosed by
Travelhop Inc., Inc., including, but not limited to,
information disclosed while viewing the website
"www.travelhop.com", Travelhop Inc., Inc. requires
that you agree to the following Confidentiality
Agreement before proceeding further. Travelhop Inc.,
Inc. wishes to define its rights with respect to any
such information and protect the confidential and
proprietary features contained therein and would not
make such disclosures without your agreement to
maintain the confidential treatment of such
information. Therefore, in consideration of the
disclosure by Travelhop Inc., Inc. of such confidential
information to you, the receipt and sufficiency of
which are hereby acknowledged, you consent to this
Confidentiality Agreement. By navigating in to
"www.travelhop.com" you agree to the following:
This confidentiality agreement is by and between
Travelhop Inc., Inc. ("Travelhop Inc.") and You
("RECIPIENT").
The confidential information disclosed under this
Agreement may include without limitation all
information, virtual tours, data, technology, know-how, inventions,
discoveries, designs, processes, formulations,
analysis, comparison, algorithms, computer code,
graphics, models, technical reports, computer
programs, business plans, business concepts, business
methods, trade and business secrets such as planning,
purchasing, accounting, finance, selling, marketing,
and customer relations, including the business
relationship between the parties, methods, apparatus,
techniques, specifications, data and/or any other
information, however embodied, owned or controlled by
the disclosing party, supplied to or obtained by the
recipient party whether in writing, electronically,
orally or by observation, and whether or not marked as
confidential and whether or not patentable or
susceptible to any other form of legal protection, and
all other information and data, specifically including
but not limited to designs of the website
"www.travelhop.com", page layouts, logos,
trademarks, copyrighted material, comparing stats
module, comparing runs module, selecting stats module,
selecting runs module belonging to or in the
possession of Travelhop Inc., Inc., any of its
affiliate(s) or any third party to which the
disclosing party and/or any or its affiliates,
directly or indirectly, has/have an obligation of
confidentiality, that (a) may have been, or may
hereafter be, transferred, transmitted or otherwise
disclosed to the recipient party, whether verbally,
visually or in writing, or (b) the recipient party
otherwise acquires from the disclosing party or from
any entity directly or indirectly affiliated with, or
contractually or otherwise related to, Travelhop Inc.,
Inc.
The confidential information disclosed under this
Agreement shall be used exclusively for the purpose of
exploring possible business relationships between you
and Travelhop Inc., Inc. (the "permitted purpose").
RECIPIENT agrees that they will not disclose or
otherwise use the confidential information for any
purpose other than the permitted purpose without first
obtaining written permission from Travelhop Inc., Inc.
Further, notwithstanding any term or provision of this
Agreement to the contrary, RECIPIENT acknowledges and
agrees that any information provided or made available
by Travelhop Inc., Inc. concerning or related to its
"www.travelhop.com" website, product designs,
component designs and specifications, business plans,
procurement needs, procurement specifications, and
marketing activities and its activities in connection
with product design and work, and its contract
development are and shall remain a trade secret of
Travelhop Inc., Inc.
Confidential Information shall remain the property of
the disclosing party, and no license or other rights
in or to Confidential Information is granted hereby.
Except as otherwise agreed in writing between the
parties, the recipient party shall, upon the first
request of the disclosing party, promptly deliver to
the disclosing party all copies of all documents,
materials and reports (in any medium including
electronic and hard copy) that contain or embody
Confidential Information and are in the possession of
the recipient party.
Notwithstanding the exceptions set forth in Paragraph
8, RECIPIENT's duty to protect confidential
information disclosed under this Agreement shall
extend indefinitely and to the maximum extent provided
by Wisconsin law or other applicable law from the
effective date of this Agreement.
RECIPIENT shall protect the disclosed confidential
information by using the same degree of care, but no
less than a reasonable degree of care, to prevent the
unauthorized use, dissemination or publication of the
confidential information as RECIPIENT uses to protect
its own confidential information of a like nature.
RECIPIENT shall limit access to the confidential
information provided hereunder to such of their
personnel as may be directly involved in the
evaluation effort and to no other personnel.
This Agreement imposes no obligation upon a RECIPIENT
with respect to specific confidential information
which (a) was in Recipient’s possession on a
non-confidential basis before receipt from
Travelhop Inc., Inc. as evidenced by written records;
(b) is or becomes a matter of public knowledge through
no fault of RECIPIENT; (c) is rightfully obtained by
RECIPIENT from a third party who is legally free to
pass on such information without a duty of
confidentiality; (d) is disclosed by Travelhop Inc.,
Inc. to a third party without a duty of
confidentiality to the third party; (e) is
independently developed by RECIPIENT as evidenced by
written records; or (f) is disclosed under operation
of law.
Travelhop Inc., Inc. warrants that it has the right to
make disclosures under this Agreement.
The invalidity or unenforceability of any term or
condition hereof shall not affect the validity or
enforceability of the remainder of this
Confidentiality Agreement. If any provision of this
Confidentiality Agreement is deemed void or
unenforceable for any reason by any court of competent
jurisdiction including any appellate court, then such
provision shall be deemed deleted from this
Confidentiality Agreement without impairing or
affecting the remaining provisions hereof.
Neither party acquires any intellectual property
rights under this Agreement except the limited right
to use set out in paragraph 3 above. RECIPIENTS shall
not export or re-export any data or materials without
the appropriate U.S. and foreign government licenses.
Neither party has an obligation under this Agreement
to purchase any service or item from the other party
or enter into any other agreement with the other
party.
Neither party has an obligation under this Agreement
to offer for sale products using or incorporating the
confidential information. Travelhop Inc., Inc. may, at
its sole discretion, offer such products for sale and
may modify them or discontinue sale at any time.
The parties do not intend that any agency or
partnership relationship be created between them by
this Agreement. Nothing in this Confidentiality
Agreement shall grant to either party the right to
make commitments of any kind for, or on behalf of, the
other party without the prior written consent of the
other party. Nothing herein shall grant, expressly or
impliedly, any ownership right or license to use
(except for the purpose stated above) data disclosed
hereunder. In the event the parties herein after
further agree to form a joint venture, to cooperate to
exploit Confidential Information, to jointly develop
products or to transfer technology which is not
Confidential Information, the parties acknowledge and
agree that the parties shall negotiate and reduce in
writing such a collateral agreement.
All additions or modifications to this Agreement must
be made in writing and must be signed by both parties.
A waiver by the disclosing party of any breach or
default of this Confidentiality Agreement by the
recipient party shall not constitute a waiver of any
other or subsequent breach or default by the recipient
party.
RECIPIENT acknowledges that Travelhop Inc., Inc. would
be irreparably damaged by the RECIPIENT'S breach of
the confidentiality obligations set forth in this
Agreement, and that monetary relief alone is
insufficient and inadequate to compensate
Travelhop Inc., Inc. for such damage. As a consequence,
RECIPIENT agrees that Travelhop Inc., Inc. shall be
entitled to injunctive and other appropriate equitable
relief against RECIPIENT to enjoin any breach or
threatened breach of RECIPIENT'S obligations hereunder
without limitation of such other remedies to which
Travelhop Inc., Inc. may be entitled.
This Agreement shall inure to the benefit and be
binding upon the parties, their officers, directors,
employees, shareholders, agents, affiliates,
representatives and successors in interest.
This Confidentiality Agreement embodies all of the
understandings between the parties hereto concerning
the subject matter hereof, and merges all prior and
contemporaneous discussions and all prior writings
between them as to Confidential Information and there
are no other conditions with respect to Confidential
Information other than as expressly provided in this
Confidentiality Agreement or as duly set forth
subsequent to the date hereof in writing and signed by
both parties.
This Agreement shall be governed by the laws of the
State of New York without regard to conflict of laws
provisions and rules of construction concerning the
drafter hereof. The venue and jurisdiction for
resolution of any dispute arising from or relating to
this Agreement shall be in a court having jurisdiction
over New York County, in the State of New York.
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