Expedia, Inc. Website Terms of Use Agreement

Last Updated: November 14, 2013

This Terms of Use Agreement (the “Agreement”) constitute a binding agreement between Expedia, Inc. (“Expedia,” “we,” or “us”) and you concerning your use of www.expediainc.com (the “the Site”). By visiting the Site, you accept this Agreement. If you do not wish to be bound by this Agreement, do not use the Site.

This Agreement does not apply to the use of websites operated by Expedia operating businesses, such as Expedia.com, Hotels.com, Hotwire.com, or Egencia.com. We refer you to each website’s respective terms of use for the terms applicable to use of such website.

1. License to Use the Site
Expedia grants you a limited, non-exclusive license to access and view content on the Site for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Expedia in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site. Nor will you take any measures to interfere with or damage the Site. All rights not expressly granted by Expedia are reserved.

2. Privacy
Expedia believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Site, to understand our practices.

3. Submissions
You may submit inquiries or feedback to Expedia through the email addresses listed on the Site. Do not submit information that would be considered proprietary and confidential. Expedia is not required to review any submission of content. To the extent you submit any ideas or feedback to Expedia, you grant Expedia a perpetual, worldwide, royalty-free right and license to use such content for any purpose.

4. Representations and Warranties; Indemnification
You represent and warrant that you have the right and authority to enter into this Agreement and that by doing so, you will not violate any law or breach any obligation to any third party. You will indemnify, defend, and hold harmless Expedia and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Site; and (ii) assert a violation by you of any term of this Agreement.

5. Disclaimers and Limitations on Liability
Expedia reserves the right to modify the Site. You are responsible for providing your own access to the Site. Expedia provides the Site on an “as is” and “as available” basis. You therefore use the Site at your own risk. Expedia expressly disclaims any and all representations or warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Expedia shall not be liable, with respect to any claim arising out of or relating to the Site or this Agreement, for (i) any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) an amount exceeding USD $100.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

6. Forward-Looking Statements
Information on the Site may include “forward looking statements” which are based on management’s belief as well as on a number of assumptions concerning future events made by and information currently available to management. You are cautioned not to put undue reliance on such forward-looking statements. These statements are not a guarantee of performance and are subject to a number of uncertainties and other factors, many of which are outside of Expedia’s control, that could cause actual results to differ materially from such statements. Expedia disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

7. General
This Agreement shall be governed by the laws of the State of Washington, without regard to principles of conflicts of law.

Any action arising out of or relating to this Agreement or your use of the Site must be commenced in the state or federal courts located in King County, Washington (and you consent to the jurisdiction of those courts). In any such action, Expedia and you irrevocably waive any right to a trial by jury.

If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Expedia in exercising any right hereunder will waive any further exercise of that right. Expedia’s rights and remedies hereunder are cumulative and not exclusive.

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Expedia’s prior written consent. No third party shall have any rights hereunder. This Agreement may not be modified except by a revised Terms of Use posted by Expedia on the Site or a written amendment signed by an authorized representative of Expedia. A revised Terms of Use will be effective as of the date it is posted on the Site.

This Agreement constitutes the entire understanding between Expedia and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

For any questions about this Agreement, please contact:

Expedia, Inc.
333 108th Avenue NE
Bellevue WA 98004
Attention: Legal Department