Lulutrip, Inc. Website Terms of Use By registering and/or using the Lulutrip, Inc. (Lulutrip) Site, You agree (for yourself and on Your company’s behalf) to the following rules and regulations without limitation or qualification (the "Agreement"). Lulutrip may at any time revise this Agreement. You are bound by such revisions and should therefore periodically visit to review the current Agreement. Your continued use of the Lulutrip Site shall indicate Your acceptance of the Agreement as amended. This Agreement was last revised July 2, 2007. 1. Use of the Lulutrip Website This Agreement provides You with a personal, revocable, non-exclusive, non-transferable license to use the Lulutrip Site, conditioned on Your continued compliance with this Agreement. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, frame, decompile, or dissemble any aspect of the Lulutrip Site (including any prices or service descriptions), with the following exception: You may display, print, and store one electronic copy of content provided by Lulutrip for Your personal use. Actual or attempted unauthorized use of the Lulutrip Site may result in criminal and/or civil prosecution. You hereby undertake and agree: a)not to pass Your user-ID/password to any third party without written consent from Lulutrip b) not to use Lulutrip for any illegal purpose not to make any attempts to access data other than those attributed to Your own account. 2. Use of the Lulutrip Site You understand that some information offered through the Lulutrip Site is offered by third parties that operate services independently from Lulutrip. You assume total responsibility and risk for Your use of services and the information about them offered through Lulutrip. 3. Change of Information and Lulutrip Site Information on this web site and the web site itself may be changed and updated without prior notice. 4. Intellectual Property Rights All textual, graphical and other content created by or for Lulutrip and appearing on this web site is the property of Lulutrip, Inc., 4800 Great America Parkway, Santa Clara, CA 95054. © 2007 Lulutrip, Inc. All rights reserved. Lulutrip also owns a copyright in the Lulutrip Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any content generated by the Lulutrip Site without Lulutrip’s written consent is expressly prohibited. This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. 5. Hyperlinked web sites Lulutrip makes no warranties or representations whatsoever regarding any other web sites, which You may access through this web site. Third party web sites are independent from Lulutrip, and Lulutrip has no control over the content of such web sites, nor does Lulutrip have any control over the collection of personal information by third party web sites. In addition, a link to a non-Lulutrip web site does not mean that Lulutrip endorses or accepts any responsibility for the content or the use of such web site. 6. Privacy Policy Use of Your personal data is governed by Lulutrip’s Privacy Policy which is incorporated herein and can be accessed at http://www.lulutrip.com/privacy.txt. 7. Submissions LuLuTrip may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that LuLuTrip deems inappropriate or in violation of these terms and conditions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to LuLutrip, or postings on this Site, are nonconfidential and shall become the sole property of LuLutrip. LuLutrip shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to LuLuTrip, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. 8. Exclusion of Warranties/Limitation of Liability/Indemnification THE LULUTRIP SITE IS PROVIDED BY LULUTRIP ON AN "AS IS" AND "AS AVAILABLE" BASIS. LULUTRIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LULUTRIP SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE LULUTRIP SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LULUTRIP SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LULUTRIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LULUTRIP DOES NOT WARRANT THAT THE LULUTRIP SITE, ITS SERVERS, OR E-MAIL SENT FROM LULUTRIP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS UP TO YOU TO TAKE PRECAUTIONS AGAINST VIRUSES AND OTHER ITEMS OF DESTRUCTIVE NATURE. LULUTRIP ALSO RESERVES THE RIGHT TO ALTER THE CONTENT OF THE LULUTRIP SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR ANY TYPOGRAPHICAL ERRORS THAT MAY APPEAR ON THE SITE OR FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER LULUTRIP NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, OR ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF LULUTRIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. LULUTRIP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OR BROWSING OF THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. FURTHERMORE, LULUTRIP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER DUE TO ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO THE WEB SITE, PASSWORDS OR DATA OR INFORMATION IN THE WEB SITE. SHOULD ANY PORTION OF THE FOREGOING LIMITATION ON LIABILITY BE DEEMED UNENFORCEABLE, IN NO EVENT SHALL LULUTRIP’S AGGREGATE CUMULATIVE LIABILITY IN ANY CIRCUMSTANCES TO THE USER (AND YOUR COMPANY AS APPLICABLE) ARISING OUT OF OR RELATING TO YOUR USE OF THE LULUTRIP SITE EXCEED $100. You agree to reimburse and hold harmless Lulutrip and its affiliates and any of their employees, agents, directors, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns against any claims arising directly or indirectly from Your use of the Lulutrip Site. 9. TERMINATION Your right to use the Lulutrip Site may be terminated by Lulutrip without notice, and You may stop using the Lulutrip Site at any time without notice. Upon termination of this Agreement, Sections 4, 7, 8, 9, and 10 shall survive. 10. ASSIGNMENT You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. 11. MODIFICATION LuLutrip may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. 13. ADDITIONAL TERMS Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. 14. HEADINGS The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. 15. LAW AND VENUE This Lulutrip Site, including this Agreement, shall be governed by, and construed in accordance with, the laws of the State of California (without giving affect to the choice of law principles thereof). Any dispute arising out of or in relation to this web site, including this Agreement, shall be subject to the exclusive jurisdiction of the federal and state courts of California. You agree and consent to the personal jurisdiction in the federal and state courts of California, for any action concerning any dispute arising in connection with this web site or this agreement. You represent that You are using the Lulutrip Site at the direction and for the benefit of Your company, and have authority to bind Your company to this Agreement. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. 16. ENTIRE AGREEMENT This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.