AGREEMENT TO TERMS OF USE. 

These Terms and Conditions of Use (the “Terms of Use”) apply to the Ensemble Travel web site located at https://ensembletravel.com, and all associated sites linked to https://ensembletravel.com by Ensemble Travel, Inc., Ensemble Travel Ltd., (together, “Ensemble”, “we”, or “us”) and its affiliates (collectively, the “Site”). The Site is the property of Ensemble (“we” or “us”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. 

Ensemble reserves the right, at its sole discretion, to change (including adding, removing or modifying) portions of these Terms of Use, at any time and without notice to you. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Ensemble grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.  

THIRD PARTY LINKED SITES. 

This Site may contain links to websites and servers maintained by other persons or organizations. These links are provided as a service to users and are not sponsored by or affiliated with Ensemble. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy. We have no control over how your submitted information is collected, used, or otherwise handled. We do not provide any warranty about the accuracy or source of information found on any of these third-party sites or servers, or the content of any file the user might choose to download from these third parties. 

PRIVACY POLICY. 

Ensemble’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Ensemble’s Privacy Policy, click on “Privacy Policy” found at the footer to this website. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 

CONTENT; LIMITATIONS OF USE. 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Ensemble, and is protected by trademark, trade dress, copyright and patent laws, and various other intellectual property rights and unfair competition laws. 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, publicly displayed, posted, encoded, uploaded, transmitted, translated, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Ensemble’s express prior written consent. The Content on this Site, including without limitation, prices (if any), and the infrastructure used to provide such Content, is proprietary to Ensemble or its suppliers and providers. You may use information on Ensemble’s products and services if it is purposely made available by Ensemble for downloading from the Site, provided that you, (1) make no modifications to any such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) not remove any proprietary notice language in all copies of such documents, and (4) not make any additional representations or warranties relating to such information or documents. 

In addition, and regardless of whether or not you have a commercial purpose, you agree not to: (i) access, monitor or copy any content from this Site using a robot, spider, scraper or other automated means or any manual process for any purpose; (ii) bypass or circumvent other measures employed to prevent or limit access to this Site (including violating the restrictions in any robot exclusion headers on this Site); or (iii) deep-link to any portion of this Site. 

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Ensemble, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. 

You agree that you will not take any action that, in Ensemble’s sole discretion, imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Ensemble’s systems or networks, or any systems or networks connected to the Site or to Ensemble, or otherwise overburdens the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not manipulate identifiers in order to disguise the origin of any message or transmittal you send to Ensemble on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ensemble or others. 

LIMITATION OF LIABILITY; NO REPRESENTATIONS. 

Ensemble expressly disclaims all liability for the use, reliability, or specific features of this Site, or the Content or interpretation of Content contained in this Site. A visitor who uses or makes decisions based on information contained on this Site does so at the visitor’s own risk. In exchange for using this Site, the visitor agrees to hold us and our subsidiaries or affiliated companies harmless against any claims for damages arising from any decisions that the visitor makes based on such information or any use that the visitor makes on such information contained on this Site. While we have tried to provide accurate and timely information, this Site may contain inadvertent technical or factual inaccuracies and typographical errors. Please note that such errors, inaccuracies, or omissions may relate to product/service description, pricing and availability. We do not represent or warrant that the information accessible via this Site is accurate, complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.  

INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM, IN CONNECTION WITH, OR RELATED TO YOUR USE OF THIS SITE, USE OF ANY INFORMATION ON THIS SITE, OR USE OR RECEIPT OF ANY OTHER SERVICES PROVIDED BY USE EXCEED TEN DOLLARS (US $10.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SUPPLIERS WHOSE TRAVEL OR OTHER SERVICES ARE ADVERTISED OR OFFERED ON THIS SITE ARE INDEPENDENT CONTRACTORS OR ADVISORS, NOT AGENTS OR EMPLOYEES OF ENSEMBLE. ENSEMBLE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF THESE SUPPLIERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BY ADVERTISING PARTICULAR INTERNATIONAL DESTINATIONS, ENSEMBLE DOES NOT REPRESENT OR WARRANT THAT SUCH TRAVEL IS WITHOUT RISK. 

INDEMNITY. 

You agree to defend, indemnify and hold harmless Ensemble, its affiliates, and each of their officers, directors, employees, contractors, and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or your breach of these Terms of Use. 

CHOICE OF LAW. 

You may not export any of the Content accessible through this Site in violation of applicable law, including export laws and regulations. These Terms of Use shall be interpreted, construed and governed by the laws in force in Ontario, and the laws of Canada applicable therein, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.  

Arbitration 

To the extent permitted under applicable law, any and all disputes arising out of these Terms of Use, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms of Use and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in New York, New York, U.S.A. and governed by arbitration legislation in force from time to time in New York. Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. 

MISCELLANEOUS. 

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute a binding agreement between you and Ensemble and are accepted by you upon your use of the Site. These Terms of Use constitute the entire agreement between you and Ensemble regarding the use of the Site.