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User Agreement and Privacy Policy

User Agreement and Conditions Governing the Use of GetThere Websites

GetThere makes available for your use on this Website ("Site") information and documents ("Materials") subject to the terms and conditions set forth in this document ("User Agreement"). By accessing this Site, you are signifying your assent and agree to the User Agreement. The User Agreement represents a binding agreement between you and GetThere. Please read this page carefully before using our Site. If you do not agree to the User Agreement, then do not use this Site.

GetThere may revise and update the User Agreement at any time. Your continued use of this Site signifies your assent to and acceptance of those changes. In exchange for using this site you agree to revisit this user agreement frequently in order to check for any changes to it.

Use of Site

All site design, text, graphics, interfaces and the selection and arrangements thereof are copyright ©2001, 2002 GetThere L.P.. GetThere authorizes you to view, download, copy, or print the Materials at this Site only for your personal, informational, internal, noncommercial use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Materials on the GetThere Connection Site (a GetThere customer extranet) are for the express and exclusive use of current GetThere customers and their designated representatives in association with a GetThere customer booking Site and related GetThere products. Any other use of this Site is prohibited. These rights do not apply to the design or layout of this Site, elements of which are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of this User Agreement, any use of these materials on any other Website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these User Agreement Terms, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials.

Privacy Policy

GetThere respects the privacy of its customers and users of any GetThere Site. All personally identifiable information, including all comments and feedback submitted to GetThere or in association with this Site, shall be considered confidential and will not be used by GetThere without first securing written permission from the customer representative who submitted the information.

GetThere will use the aggregate data collected to perform statistical analysis of the collective characteristics and behavior of our visitors, to measure overall customer demographics, and to analyze how and where to use our resources.

GetThere may, from time to time, make changes to its privacy practices.

Forward-Looking Statements Disclaimer

All statements and information involving (i) projections of GetThere's revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; (ii) plans, objectives and/or projections of GetThere for future operations, including new products and services; (iii) GetThere's future economic performance; (iv) assumptions underlying or relating to any of the forgoing and (v) any other projections, estimates or forward-looking statements, are forward-looking statements within the meaning of Section 27 of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These forward-looking statements are subject to uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. These risks and uncertainties are discussed in GetThere's reports now or hereafter on file with the Securities and Exchange Commission, particularly GetThere's Registration Statement.

Trademarks

GetThere, the GetThere logo, GetThere BTS, GetThere Marketplace, GetThere DirectAirline, GetThere DirectConnect, GetThere DirectCorporate, GetThere DirectData, GetThere DirectMeetings, GetThere DirectMidMarket, GetThere DirectMobile, GetThere DirectObserver and GetThere DirectPortal are trademarks of GetThere L.P. All other company names, products, or service names references in this Website are used for identification purposes only and may be trademarks of their respective owners.

Links to Third Party Websites

Links to third party Websites from this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. GetThere has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, GetThere does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

User Submissions

Any material, information, or other communication you transmit or post to this Site will be considered non-confidential and nonproprietary ("Communications"). GetThere will have no obligations with respect to the Communications. GetThere and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, text, images, sounds, and other things embodied therein for any and all commercial or noncommercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. GetThere in its sole discretion may also remove any communications posted by you or others on the site at any time and without prior notice.

Warranties and Disclaimers

All materials are provided "as is" without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non infringement.

The Materials posted on this Site could include technical or other mistakes or inaccuracies. GetThere disclaims all warranties and makes no representations regarding the quality, accuracy, completeness or suitability of the Materials on this or any other Site, and disclaims any duty to keep this information current or accurate. In particular, GetThere makes no representation or warranty that any customer or potential customer will achieve the same performance results reflected in any case study or success story contained on this Site. GetThere may change any information on this Site or any product or service described on this Site, including functionality or performance thereof, any time without notice. GetThere makes no warranty that the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, or error free. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Liability

In no event will GetThere be liable for any damage whatsoever (including without limitation damages relating to lost revenues or profits, lost data, work stoppage, computer failure or malfunction) resulting from or in any way related to the use of any materials posted on or made available at this site or any other Website to which a link is provided or on which a link is provided to this Website, even if GetThere has been advised of the possibility of such damages and regardless of the legal theory on which such damages are based. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

GetThere disclaims all liability for any computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to your computer when downloading or otherwise accessing documents from this Site. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. Users of this Site are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of their computers.

Miscellaneous

Applicable Law. This User Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.

Use in Conformity with Law. You agree to use this Site in conformity with applicable law.

Severability. If any clause or provision of this User Agreement is declared invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions of the User Agreement shall continue in full force and effect. Further, such provision will be deemed to be restated as nearly as possible to the original intent of the parties, in accordance with applicable law.

Non-Waiver. The failure of either party to insist upon or enforce strict performance with the User Agreement or to exercise any right under the User Agreement will not be construed as a waiver or relinquishment, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or a waiver in other instances.

Entire Agreement. This User Agreement is an integrated agreement and constitutes the entire agreement and understanding between you and GetThere. The User Agreement prevails over and supersedes prior representations, communications, and agreements between you and GetThere. No representations, warranties or promises have been made or relied upon by either party other than those expressly set forth in this User Agreement.

All Rights Reserved. Any rights not expressly granted herein are reserved to GetThere L.P.

Guidelines for Linking to GetThere L.P.'s Site

If you would like to link to the Site through the use of a hypertext link or other linking technology, you must obtain written permission from GetThere and comply with the following guidelines:

A site that links to GetThere's Site:

  • May link to, but not replicate, GetThere content.
  • Should not create a browser or border environment around GetThere content, or frame or "window" GetThere content.
  • Should not imply that GetThere is endorsing it or its products.
  • Should not misrepresent its relationship with GetThere.
  • Should not present false information about GetThere products or services.
  • Should not use the GetThere logo without permission from GetThere. Email MarCom@GetThere.com for logo use approval.
  • Should not contain content that could be construed as unlawful, distasteful, offensive, obscene, defamatory or controversial, and should contain only content that is appropriate for all age groups.
  • You agree to remove any link to the GetThere site as soon as possible after any request by GetThere to do so.

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