Without limiting the generality of any disclaimers set forth in our terms and conditions Passport Envy LLC and the service providers make no warranty of any kind regarding the travel site and/or any materials provided on the travel site, all of which are provided on an “as is” basis. Passport Envy LLC and the service providers do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on the travel site (much of which is provided by suppliers) and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and noninfringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither Passport Envy LLC nor any service provider warrants that the travel site, its servers or any e-mail sent from Passport Envy LLC or any service provider are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Such warranties give you specific rights which may vary from state to state.
Disclaimer regarding suppliers
The air carriers, hotels, car rental agencies, cruise lines, tour operators and other suppliers providing travel or other services on the travel site (“suppliers”) are independent contractors and not employees or agents of Passport Envy LLC. Passport Envy LLC acts solely as a sales agent for the suppliers and is not liable for the acts, errors, omissions, representations, warranties or negligence of any such suppliers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom. Passport Envy LLC 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 majeure event or other cause beyond its direct control, and Passport Envy LLC has no responsibility for any additional expense, omissions, delays, or re-routing caused by any acts or omissions of any governmental authority. The fact that Passport Envy LLC includes or offers any product or service on the travel site does not mean Passport Envy LLC is endorsing or recommending such product or service.
Limitation of Liability
Without limiting the generality of any limitation of liability set forth in our terms and conditions, Passport Envy LLC 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 in the travel site or your downloading of any materials, data, text, images, video or audio from the travel site. In no event shall Passport Envy LLC 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 travel site 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 travel site for reservations or ticketing), or (c) the performance or non-performance by Passport Envy LLC 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 such limitation of liability, so the foregoing limitation may not apply to you.
If, notwithstanding the foregoing, Passport Envy LLC 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 travel site or its content, the liability of each of Passport Envy LLC and service providers shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on the travel site, or (b) us$100.00. In its sole discretion, in addition to any other rights or remedies available to Passport Envy LLC and without any liability whatsoever, Passport Envy LLC at any time and without notice may terminate or restrict your access to any component of the travel site.