These Terms and Conditions of Use (hereinafter "Terms and Conditions") apply to the Ellipsis, LLC website at www.EllipsisTravel.com (hereinafter the "Site"). These Terms and Conditions also apply to any mobile applications used to access the Site and its functionality (“Application”). These Terms and Conditions also apply to all text, graphics, photographs, artwork, music, sounds, user interfaces, visual interfaces, trademarks, logos, and software together with and including the design, structure, selection, coordination, expression, "look and feel" and arrangement of same available through the Site and Application (collectively “Content”).
YOUR USE OF THE ELLIPSIS, LLC (“Ellipsis”) SITE, APPLICATION OR CONTENT IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. BY USING THE SITE, APPLICATION, OR CONTENT, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS, YOU MUST NOT USE THE SITE, APPLICATION, OR CONTENT IN ANY RESPECT.
Ellipsis reserves the right, in its sole discretion, to change, add or delete portions of these Terms and Conditions, at any time and without notice. It is your responsibility to check these Terms and Conditions periodically for such changes. Your continued use of the Site following the posting of any changes, additions, or deletions will mean that you accept and agree to such changes, additions, and deletions. For so long as you comply with these Terms and Conditions, Ellipsis grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site, Application and Content.
Except for material in the public domain, the Site, Application, and Content are wholly owned by (or licensed to) Ellipsis and/or its content providers. The Site, Application, and Content are protected by patent, trademark, trade dress, copyright, trade secret and/or various other intellectual property and unfair competition rights wholly owned by (or licensed to) Ellipsis and/or its content providers. Ellipsis owns a copyright in the selection, arrangement, and coordination of the Site, Application and Content.
The Site and Application contain links to websites or applications operated by parties other than Ellipsis who do book the hotels, rental car agreements, airline tickets, venue tickets, travel insurance, and the like. Ellipsis does not control these other websites and applications and is not responsible for their contents or for completion and delivery of the booked service, product, or resource. Neither Ellipsis, nor any of its partners, affiliates, employees, business units, and content providers make any representation or warranty regarding any other websites or applications or the contents or materials on such websites or applications. The website’s or mobile application’s inclusion of links to other websites and applications does not imply Ellipsis’s endorsement of the material on such websites or applications. Any concerns or complaints regarding any such service, product, or resource, or any link thereto, should be directed to the particular service, product, or resource.
No aspect of the Site, Application, or Content may be copied, reproduced, mirrored, uploaded, translated, or transmitted to any other computer, server, or website for publication, distribution, or any commercial purpose without Ellipsis’s prior express written consent.
You must leave in place all copyright and trademark notices, including any other proprietary notices, contained in the Site, Application, and Content. The use of any material from the Site, Application, or Content on any other website or mobile application or in any environment of networked computers is prohibited.
You agree not to upload, download, display, or transmit any content that: (i) is abusive, harassing, threatening, defamatory, libelous, or obscene; (b) encourages conduct that might reasonably be seen to violate any local, state, national or foreign law or regulation; or (c) solicits funds or advertises any goods or services. Ellipsis reserves the right to delete any such content from its servers.
You agree not to use any program or methodology (such as robot, spider, deep-link, or page-scrape) to monitor, access or retrieve any portion of the Site, Application, or Content, or to monitor, access or retrieve anything from the Site, Application, or Content not otherwise intentionally made available from them.
You agree not to hack or attempt to circumvent any authentication measure, security measure, or password of another used in connection with any function or feature of the Site, Application, or Content. You agree not to attempt any unauthorized access to any non-public aspect of the Site, Application, or Content.
You may not use the Site, Application, or Content in any manner which could damage, disable, overburden, or impair the Site or Application or interfere with any other party’s use and enjoyment of the Site or Application. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site or Application.
You agree not to interfere or attempt to interfere with: (1) the operation of the Site or Application; or (2) anyone else’s use of the Site or Application.
You agree not to impersonate any person or entity, including, but not limited to, any Ellipsis employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree to respect the rights of others, including third party intellectual property rights. You agree not to upload, download, display, or transmit any information in violation of any third party's patents, copyrights, trademarks, trade secrets, or other proprietary rights. You agree to be solely responsible for any violations of any laws and for any infringement of any third party rights caused through the use of your account.
You agree to notify Ellipsis at webmaster@EllipsisTravel.com in the event you become aware of the violation or disparagement of any third party’s rights. Ellipsis reserves the right to immediately remove any content or data that, in Ellipsis’ business judgment, infringes on the rights of Ellipsis or of a third party.
You may be required to open an account (including setting up an Ellipsis ID and password) in order to access features or services available through the Site or Application. You agree to maintain the confidentiality of any such account information, including your password. You are solely responsible for any activity that occurs under your account as a result of your failure to keep any of your account information confidential. You agree to notify Ellipsis immediately of any unauthorized use of your account or password or of any loss or breach of security over your account or password. If a third party uses your Ellipsis ID, password or account because you failed to keep your information confidential, then you may be liable as a result for any losses to Ellipsis or other users of the Site or Application. You agree not to use anyone else’s account information without the prior express permission of the holder of that Ellipsis ID, password or account. Ellipsis shall not be liable for any loss or damage arising from your failure to comply with these obligations.
If you intend for us to send you messages through your mobile device, then you agree to provide us with a current telephone number for communicating such messages to you and to notify us in the future of any changes in your telephone number. You agree to be responsible for any charges incurred for such communications. You also agree to keep your mobile device updated with the most recent software version available for your mobile device. Ellipsis is not liable for sending any Trip Information to an outdated telephone number or to a mobile device with an outdated software version.
You agree to be responsible for the accuracy and veracity of all of the trip and other information, including agendas, reviews and recommendations, (collectively “Trip Information”) that you upload to your account and/or share or transmit to others. You represent that you have the right to provide such Trip Information to us without violating the rights of any third party and without disparaging any third party. You grant to Ellipsis the right to copy, store, reformat, modify, use and distribute your Trip Information for any business purpose such as providing products and services to you and your designees, marketing or advertising to third parties, and the like. This grant of rights is fully paid up and is non-exclusive (and includes the right to sublicense), irrevocable, transferable, perpetual and worldwide in scope. This grant of rights will survive any deletion by you of your Trip Information from our Site, Application, or Content. We reserve the right, but not the obligation, to delete or edit any of your Trip Information that we find to be objectionable for any reason in our business judgment. Notwithstanding the above grant of rights, Ellipsis will not publish your Personal Information to third parties (other than your trip designees). Ellipsis does have the right to post your itinerary in an anonymous format without disclosing your personal identifying information.
The use of the information that you provide to Ellipsis through your access and use of the Site or Application is covered by our Privacy Policy , which is incorporated herein by reference and forms a part of these Terms and Conditions.
In order to improve your use of the Site and Application, we utilize “cookies” that are stored on your computer’s or mobile device’s memory (“Cookies”). For more information on our use of Cookies, see our Privacy Policy. By agreeing to our Cookie message or by navigating through the Site or Application, you are affirmatively agreeing to our use of Cookies.
You represent that you are of sufficient age to use the Site or Application and to create binding legal obligations for any liability you may incur as a result of the use of the Site, Application, or Content. You understand that you are financially responsible for all uses of the Site, Application or Content by you and those using your login information.
Your use of the Site, Application, or Content is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other information (including software) obtained through the Site or Application.
For its customers, Ellipsis strives to maintain the accuracy of the information presented on the Site and Application. However, the accuracy, truthfulness, or reliability of any information provided on or through the Site or Application, including Content located thereon, is not guaranteed.
THE SITE, APPLICATION, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER ELLIPSIS NOR ANY OF ITS PARTNERS, AFFILIATES, EMPLOYEES, BUSINESS UNITS OR CONTENT PROVIDERS MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION, OR OPERATION THEREOF. No oral advice or written information given to you by Ellipsis or any of its partners, affiliates, employees, business units, or content providers shall create any warranty. Neither Ellipsis nor any of its partners, affiliates, employees, business units, or content providers warrants that access to, or use of, the Site or Application will be uninterrupted, virus free, or error-free, or that the Site or Application (including, without limitation, any Content on the Site or Application) will meet any particular criteria of performance or quality. ELLIPSIS, ON BEHALF OF ITSELF AND ALL OF ITS PARTNERS, AFFILIATES, EMPLOYEES, BUSINESS UNITS, OR CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ELLIPSIS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE OR APPLICATION. FURTHERMORE, ELLIPSIS, ON BEHALF OF ITSELF AND ALL OF ITS PARTNERS AFFILIATES, EMPLOYEES, BUSINESS UNITS, AND CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE AND APPLICATION.
Ellipsis and all of its partners, affiliates, employees, business units, and content providers in each instance will not be liable for: (a) any direct, indirect, incidental, consequential, and/or special damages arising out of your use of, or inability to use, the Site, Application or Content, and you hereby waive any claims with respect thereto, whether based on contract, tort or other grounds, even if Ellipsis has been advised of the possibility of such damages; and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, Ellipsis and all of its partners, affiliates, employees, business units, and content providers shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
If Ellipsis is found for any reason to be liable to you for any damage or loss arising out of or concerning your use of the Site, Application, or any Content, then Ellipsis’s liability shall in no event exceed the greater of: (1) the total of any payments made by you to Ellipsis for any service provided by Ellipsis in the six months prior to the date of the initial claim made against Ellipsis; or (2) $200.00. Some jurisdictions do not allow limitations of liability, and so this limitation of liability may not apply to you.
You agree to indemnify and hold Ellipsis and all of its partners, affiliates, employees, business units, and content providers, in each instance, harmless from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Site, Application, or Content including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers, and/or infringement of intellectual property or other rights.
This Agreement and its performance shall be governed by the laws of the State of Missouri, in the United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts for St. Louis County, in the state of Missouri, concerning any and all disputes concerning your use of the Site, Application, or Content and any interpretation of these Terms and Conditions.
In the event of any dispute between Ellipsis and you concerning your use of the Site, Application, or Content, the parties shall attempt to resolve such dispute. If we are unable to resolve such dispute within forty five (45) days, then either of us may submit the dispute to mediation. If the dispute is not resolved through mediation, then either of us would be free to pursue any resolution available to them under applicable law.
Ellipsis administers and runs the www.EllipsisTravel.com website from its location in St. Louis, Missouri, USA. Other Ellipsis sites may be administered and run from various locations outside the United States. Although the Site and Application are accessible worldwide, not all services and features provided through the Site and Application are available to everyone or in all geographic locations. And some are not appropriate or available for use outside the United States. Ellipsis reserves the right to limit the services and features offered to any person or in any geographic area. Any offer for any service or feature on the Site or Application is void where prohibited. If you access the Site or Application from outside the United States, then you are responsible for compliance with applicable local laws.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Ellipsis nor the trade practice shall modify any provision of these Terms and Conditions.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions constitute the entire agreement between you and Ellipsis with regard to your use of the Site, Application, and Content, and any and all other written or oral agreements or understandings previously existing between you and Ellipsis with respect to such use are hereby superseded and cancelled.
The Site, Application, and Content are protected by copyright rights owned by Ellipsis and its partners and affiliates. Copyright © 2023 Ellipsis, LLC.
Company, product, and service names that appear in the Site, Application and Content are trademarks of Ellipsis and its partners and affiliates.
All rights are reserved.
Any feedback you give at the Site shall be considered to be non-confidential information. Ellipsis shall be free to use such feedback without restriction.
The information contained in this website is subject to change without notice.
Copyright © 2023 Ellipsis. All rights reserved.
Ellipsis, LLC, St. Louis, Missouri, USA.
