Scope of Agreement

Definitions

"Customer" means the person or entity that purchases, subscribes to, accesses, or uses Voyager Websites.

"Customer Content" means text, images, logos, trademarks, branding, travel information, offers, contact details, domain information, customer data, instructions, approvals, and other content provided by or on behalf of Customer.

"Voyager Websites" means Passport Online's website product and related hosted services, website tools, templates, content display features, support, maintenance, and digital marketing services.

"Third-Party Products" means domain registrars, DNS providers, plugins, widgets, analytics tools, booking tools, payment tools, social platforms, maps, fonts, media libraries, and other products or services not owned or controlled by Passport Online.

Website Services

Voyager Websites may include website hosting, website templates, setup support, content display tools, supplier content, maintenance, design configuration, administrative access, and related support. Specific features, service levels, storage, bandwidth, customization, support scope, launch timelines, and available integrations may vary by subscription, order form, package, or written agreement.

Passport Online may update, modify, enhance, restrict, suspend, replace, or discontinue templates, tools, content sources, supplier feeds, hosting resources, integrations, or supported features from time to time. Passport Online will use commercially reasonable efforts not to materially reduce the core functionality of the purchased Service during the applicable subscription term, unless a change is required for legal, security, supplier, operational, abuse-prevention, or technical reasons.

Customer Responsibilities

Customer is responsible for maintaining accurate account, billing, contact, business, domain, and website information. Customer must provide timely access, credentials, DNS information, brand guidelines, content, approvals, and other materials reasonably required for Passport Online to configure, launch, maintain, or support the website.

Customer is solely responsible for Customer Content and represents that it has all rights, permissions, licenses, and consents required to provide, publish, display, distribute, transmit, or otherwise use Customer Content through Voyager Websites.

Customer is responsible for reviewing its website for accuracy, legal compliance, completeness, pricing, disclosures, privacy notices, accessibility obligations, and any required supplier, advertising, or consumer protection requirements.

Website Content and Launch

Customer is responsible for reviewing and approving website content, design configurations, links, forms, contact information, offer displays, supplier materials, and launch readiness. If Customer authorizes Passport Online to launch or update a website without additional approval, Customer remains responsible for the resulting content and related compliance obligations.

Supplier content, travel offers, images, descriptions, pricing, promotions, and third-party materials may be subject to separate restrictions. Customer may not direct Passport Online to publish or display content that Customer lacks the right to use or that violates applicable law, supplier restrictions, intellectual property rights, privacy rights, publicity rights, or consumer protection requirements.

Passport Online may refuse, revise, remove, or decline to publish any content that Passport Online determines, in its sole discretion, creates legal, supplier, security, reputational, operational, platform, or customer-impact risk.

Domains, Hosting, and Third Parties

Customer is responsible for registering, renewing, securing, and maintaining any domain names used with Voyager Websites unless Passport Online expressly agrees otherwise in a signed writing. Customer is responsible for any loss, suspension, expiration, transfer issue, DNS issue, or registrar dispute relating to Customer's domain names.

Voyager Websites may rely on Third-Party Products that are not owned or controlled by Passport Online. Customer's use of those products is subject to the applicable third-party terms, policies, fees, technical requirements, and privacy requirements. Passport Online does not guarantee continued availability, compatibility, security, functionality, or performance of any Third-Party Product.

Acceptable Use

Customer shall not use Voyager Websites for unlawful, fraudulent, harmful, abusive, infringing, deceptive, or unauthorized purposes. Prohibited conduct includes uploading, posting, storing, displaying, transmitting, or distributing unlawful, defamatory, obscene, infringing, threatening, harassing, fraudulent, malicious, or harmful material.

Customer shall not interfere with or disrupt Passport Online systems, servers, networks, suppliers, users, or connected services; probe, scan, test, bypass, or attempt to breach security or authentication measures; use the Service to distribute malware or harmful code; engage in scraping, unauthorized automated access, excessive resource usage, or denial-of-service activity; or misrepresent the source, affiliation, endorsement, ownership, or approval of any website, content, offer, or communication.

Fees and Payment

Fees, billing cycles, payment terms, included services, usage limits, cancellation terms, and applicable taxes are stated in the applicable order form, invoice, service agreement, customer dashboard, or written agreement. Fees may include subscription fees, setup fees, hosting fees, design fees, migration fees, support fees, custom development fees, third-party fees, usage-based fees, or other charges.

Unless otherwise stated in the Agreement, recurring fees and other amounts due may be charged automatically to Customer's payment method on file. Setup fees, onboarding fees, migration fees, implementation fees, custom design fees, and other one-time charges are non-refundable unless Passport Online expressly agrees otherwise in a signed writing.

Data and Privacy

Customer is responsible for providing all required privacy notices, cookie notices, accessibility notices, terms, disclosures, consents, and other policies required for Customer's website, business, content, forms, analytics tools, tracking tools, and other website functionality.

Passport Online may host, process, transmit, use, and disclose Customer Content and related data as necessary to provide, maintain, support, secure, improve, and administer Voyager Websites, comply with law, enforce agreements, and protect Passport Online, its customers, suppliers, users, and systems. Passport Online's privacy practices are described in its Privacy Policy located at https://www.vacationport.com/Info/PrivacyPolicy.

Data Backup

Passport Online has no responsibility, obligation, or liability for backup, preservation, recovery, export, or restoration of Customer data, Customer Content, website configurations, integrations, or other materials except where Passport Online has expressly agreed otherwise in a signed writing. Customer is responsible for maintaining its own copies, records, and backups of Customer Content and business-critical data.

Intellectual Property

Passport Online owns and retains all right, title, and interest in and to Voyager Websites, including software, systems, hosted environments, templates, tools, designs, methods, documentation, databases, service configurations, and other intellectual property associated with the Service.

Customer owns Customer Content. Customer grants Passport Online a non-exclusive license to host, copy, display, distribute, transmit, modify, create derivative works from, and otherwise use Customer Content as necessary to provide, support, maintain, secure, and improve Voyager Websites.

Customer shall not copy, modify, reverse engineer, decompile, disassemble, resell, sublicense, distribute, or create derivative works from Voyager Websites except as expressly permitted in writing by Passport Online.

Disclaimers

VOYAGER WEBSITES, SUPPLIER CONTENT, THIRD-PARTY PRODUCTS, HOSTING, TOOLS, AND RELATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASSPORT ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Passport Online does not guarantee search engine ranking, website traffic, leads, bookings, revenue, accessibility compliance, uninterrupted hosting, compatibility with every browser, device, plugin, platform, third-party tool, or any particular business outcome.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASSPORT ONLINE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, DOMAIN NAME, BUSINESS OPPORTUNITY, SEARCH RANKING, WEBSITE TRAFFIC, OR COSTS OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATING TO VOYAGER WEBSITES.

Unless a written agreement states otherwise, Passport Online's total cumulative liability for all claims arising out of or relating to Voyager Websites will not exceed the amount paid by Customer for the specific Service giving rise to the claim during the three (3) months before the event giving rise to liability.

Term and Termination

The Service term, renewal, cancellation, and termination rights are stated in the applicable order form, subscription agreement, invoice, dashboard, or written agreement. Passport Online may suspend, restrict, or terminate Voyager Websites immediately if Customer's use creates legal, security, supplier, operational, hosting, reputational, or customer-impact risk, or if Customer violates these Terms.

Upon termination, Customer's access to the applicable website services may cease. Unless a written agreement states otherwise, Passport Online has no obligation to continue hosting, maintaining, forwarding, preserving, exporting, or restoring Customer's website, Customer Content, configurations, domain settings, or related materials after termination.

Security and Platform Integrity

Passport Online uses commercially reasonable administrative, technical, and organizational safeguards designed to protect the Services and related systems. Customer remains responsible for maintaining the confidentiality of account credentials, securing Customer systems, devices, domains, social accounts, integrations, and third-party tools, and promptly notifying Passport Online of any suspected unauthorized access or misuse.

No internet-accessible service can be guaranteed to be completely secure, uninterrupted, or free from unauthorized access. Passport Online does not warrant that the Services will prevent all security incidents, data loss, service interruptions, malicious activity, or unauthorized access.

Passport Online may monitor use of the Services, investigate suspected misuse, and suspend, restrict, or terminate access where Passport Online reasonably determines that use of the Services creates a security, legal, supplier, platform, reputational, operational, or customer-impact risk.

Usage Analytics and Service Data

Passport Online may collect and use usage logs, diagnostic data, performance metrics, device and browser information, feature activity, integration activity, and similar service data to operate, secure, support, improve, and analyze the Services, to prevent abuse, to enforce these Terms, and to develop aggregated or de-identified business and product insights.

Passport Online will handle personal information in accordance with its applicable Privacy Policy. Customer is responsible for providing any privacy notices, consents, cookie disclosures, and opt-out mechanisms required for Customer's own websites, social accounts, end users, subscribers, clients, and marketing activities.

Automated and AI-Assisted Features

The Services may include or support automated, algorithmic, artificial intelligence, machine learning, content suggestion, scheduling, recommendation, or data-processing features. Any output, suggestion, draft, classification, recommendation, or automated action is provided for Customer review and convenience only.

Customer is solely responsible for reviewing, approving, and verifying all content, offers, prices, claims, disclosures, recommendations, and instructions before publication, distribution, reliance, or use. Passport Online does not provide legal, compliance, advertising, tax, or professional advice through automated or AI-assisted features and does not guarantee that any output will be accurate, complete, non-infringing, compliant, or suitable for Customer's intended purpose.

Accessibility

Passport Online may provide tools, templates, hosted pages, content features, or implementation support that can assist with accessibility efforts. Unless expressly stated in a signed written agreement, Passport Online does not warrant that any Service, website, content, template, integration, third-party product, or Customer Content will comply with WCAG, ADA, div 508, or any other accessibility standard or legal requirement.

Customer is responsible for reviewing Customer Content, configuration choices, third-party tools, embedded content, images, documents, forms, links, color choices, alternative text, and business-specific legal obligations for accessibility compliance. Accessibility consulting, remediation, audits, or custom development may require a separate written agreement and additional fees.

Beta, Preview, and Experimental Features

Passport Online may make beta, preview, pilot, trial, or experimental features available from time to time. Such features are provided for evaluation purposes, may be modified or discontinued at any time, may not be supported, and may be subject to additional restrictions.

Beta, preview, pilot, trial, and experimental features are provided "as is" and "as available," without warranties, service-level commitments, support commitments, or any obligation to continue making them available.

Electronic Communications and Signatures

Customer consents to receive notices, disclosures, agreements, invoices, renewal notices, service communications, and other communications electronically, including by email, through the Services, through a customer dashboard, or by posting updated terms on a website. Customer agrees that electronic signatures, click-through acceptance, online registration, order submission, payment authorization, and electronic records have the same legal effect as physical signatures and paper records.

Copyright Complaints and Takedown Requests

If Customer or any third party believes that content available through the Services infringes copyright or other intellectual property rights, the complaining party may submit a written notice to Passport Online identifying the allegedly infringing material, the rights claimed, contact information, and a statement that the complaint is made in good faith. Passport Online may remove or disable access to content that it determines may create legal, supplier, platform, or intellectual property risk.

Customers that repeatedly provide, publish, upload, request, or approve infringing content may be suspended or terminated. Passport Online may require additional verification, rights documentation, or indemnity before restoring disputed content.

Aggregate Liability Cap

To the maximum extent permitted by law, and except for amounts owed by Customer, Customer's misuse of the Services, Customer's indemnification obligations, or violations of Passport Online's intellectual property or confidentiality rights, each party's total aggregate liability arising out of or relating to the Agreement or the Services will not exceed the amounts paid or payable by Customer to Passport Online for the applicable Service during the twelve (12) months preceding the event giving rise to the claim.

The foregoing cap applies regardless of the legal theory asserted and does not expand any disclaimer, exclusion, or limitation of liability stated elsewhere in these Terms.

General Terms

These Terms, together with any applicable order form, invoice, customer dashboard, subscription selection, online checkout, pricing page, service description, statement of work, or written service communication incorporated into these Terms, constitute the agreement between Customer and Passport Online for Voyager Websites.

Passport Online's Privacy Policy and any applicable incorporated policies also apply to Customer's use of Voyager Websites. If any provision is determined to be invalid or unenforceable, the remaining provisions remain in effect.

These Terms are governed by the laws of the State of Oregon, without regard to conflict of law principles. Venue for disputes relating to Voyager Websites will be exclusively in the state or federal courts located in Multnomah County, Oregon, unless a written agreement signed by Passport Online states otherwise.