THIS IS A LEGAL AGREEMENT BETWEEN THE INTERNET USER (“YOU”) AND VIET-NET TRAVEL, INC. (“VIET-NET”) REGARDING THE USE OF VIETNETTRAVEL.COM (“THE WEBSITE”). THIS AGREEMENT SHOULD BE READ CAREFULLY. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS OF USE.

CONDITIONS OF THIS AGREEMENT 
Viet-Net may at any time modify (a) the Website, including eliminating or discontinuing any content on or feature of the Website, (b) any fees or charges for use of the Website, and (c) these Terms of Use. Your continued use of the Website will be conditioned upon the Terms of Use in force at the time of the usage. Any disagreement shall immediately terminate your access to the Website.

THIRD PARTY SERVICE PROVIDERS
Certain products, services and content available on the Website may be provided by third parties (the “Service Providers”), including, but not limited to, the air carriers, hotels, car rental agencies, cruise lines, tour operators, insurance carriers and other suppliers providing travel or other services on the Website. In addition, certain software and data found on the Website are the copyrighted property of the prospective Service Providers and/or their third-party providers and distributors.

RELATIONSHIP
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and Viet-Net as a result of your use of the services provided by the Website. In the role as a travel agent and owner of the Website, Viet-Net acts as an independent contractor. Viet-Net assists you in finding travel suppliers and making arrangements that meet your individual needs. Viet-Net considers various factors in identifying travel suppliers to you and recommending specific itineraries. Viet-Net wants you to be aware that certain suppliers pay Viet-Net commissions as well as incentives for reaching sales targets or other goals, and from time to time may also provide incentives to Viet-Net. Certain suppliers may also provide compensation to Viet-Net for various marketing and administrative services that Viet-Net performs for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. In addition, Viet-Net may receive compensation from suppliers when customers use various forms of payment for supplier products and services. From time to time, Viet-Net may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives Viet-Net receives are subject to change. In identifying suppliers and recommending itineraries, Viet-Net may consider a number of factors, including supplier availability, your preferences, and any agreements Viet-Net have to book travel in accordance with your company’s travel policies. The relationships Viet-Net has with suppliers may also influence the suppliers Viet-Net identifies and the itineraries Viet-Net recommends.

USE OF THE WEBSITE 
You may only use the Website to make legitimate reservations or purchases, and shall not use the Website for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not (a) use any “robot,” “spider,” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on the Website, (b) link to any portion of the Website, without the prior written permission of Viet-Net, (c) use the Website in violation of, or to violate, any law, rule or regulation, or (d) “frame,” “mirror,” or otherwise incorporate any part of the Website into any other website without prior written authorization of Viet-Net.

You acknowledge and agree that you will not use, nor will you permit any use of, the Website in conjunction with any of your activities or business by anyone that resides, stays or is accessing the Website from a country prohibited under U.S. export regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Website in the event of a breach of this obligation.

You specifically agree to indemnify and hold harmless Viet-Net and the Service Providers for any breach of this “Use of the Website” section.

TERMS OF PURCHASE 
Separate terms and conditions dictated by the applicable Service Provider will apply additionally to your reservation and purchase of products and services on the Website. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable Service Provider’s policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such Service Provider’s terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) Viet-Net debiting your account for any costs Viet-Net incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Website.

AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You agree to supervise all uses of the Website by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Website is true and correct. You understand that you are responsible for all uses of the Website by you and those using your name or account. We retain the right to deny access to anyone to the Website, at any time and for any reason, including without limitation for violation of these Terms of Use.

NO WARRANTIES
YOUR USE OF THE WEBSITE, AND ALL MATERIALS AND SERVICES PROVIDED ON THE WEBSITE, ARE AT YOUR SOLE RISK. THE WEBSITE, AND ALL MATERIALS AND SERVICES PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

DISCLAIMER REGARDING SERVICE PROVIDERS
THE SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF VIET-NET. VIET-NET ACTS SOLELY AS A SALES AGENT FOR THE SERVICE PROVIDERS AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. VIET-NET SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER FORCE OR EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND VIET-NET HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT VIET-NET INCLUDES OR OFFERS ANY PRODUCT OR SERVICE ON THE WEBSITE DOES NOT MEAN VIET-NET IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE

LIMITATION OF LIABILITY
VIETNET AND THE SERVICE PROVIDERS ASSUME 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, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL VIET-NET OR ANY SERVICE PROVIDER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE WEBSITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY VIET-NET OR ANY SERVICE PROVIDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

If, notwithstanding the foregoing, Viet-Net or any Service Provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the Website or its content, the liability of each of Viet-Net and Service Providers shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on the Website, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Viet-Net and without any liability whatsoever, Viet-Net at any time and without notice may terminate or restrict your access to any component of the Website.

TRAVEL TO CERTAIN DESTINATIONS
While most travel – domestic and international – is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. Viet-Net urges users of the Website to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, VIET-NET DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing Viet-Net with any personal information through the Website, whether for the purpose of registering on the Website, or reserving or purchasing products or services, or any other purpose, you consent to Viet-Net sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested. For more information regarding how we treat your personal information, please view our Privacy Policy.

INDEMNIFICATION
You shall defend and indemnify Viet-Net and any Service Providers and their respective parents, subsidiaries, affiliates and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by a third party as a result of your use of the Website. 

COPYRIGHTS/TRADEMARKS
The trademarks, logos, and service marks displayed on the Website are the property of Viet-Net and the prospective Service Providers. All information and contents, including any software programs available on or through the Website, are protected by copyright.

GENERAL
These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law’s provisions. If any provision of these Terms of Use is held or deemed invalid, unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.