Cruise Adventures Travel Company
Telephone (760) 743-7447
Toll Free (877) 816-7447
TERMS & CONDITIONS OF USE:
READ CAREFULLY BEFORE USING THIS WEB SITE.
No part of this Web site may be copied, reproduced or transmitted in any manner, without the express written permission Cruise Adventures Travel Company.
Product names mentioned in this Web site are for identification purposes only and may be trademarks and/or registered trademarks of their respective owners.
By using this site ("Site") you agree to all of the following terms and conditions, which will apply to your Site use. If you do not agree to these terms and conditions, please do not use the Site
1. DATA AND MARKS.
You agree that you will not reproduce, sell, transfer, modify, redistribute, retransmit, publish and/or or commercially exploit any information and/or data "Data" on this Site or any trademarks, logos and/or service marks ("Marks") without the express written permission of Cruise Adventures Travel Company or the entity that owns the Data or Marks.
2. USE OF SITE.
The Site may only be used for accessing travel related products, services, and information, and no other purpose. You may not post or transmit through or on the Site any (a) libelous, defamatory, obscene, indecent, inflammatory, pornographic, threatening, discriminatory or profane material or (b) material that could constitute or encourage conduct that would be considered a violation of any law or give rise to civil liability to Cruise Adventures Travel Company, third party vendors, travel information providers, distributors, contractors.(collectively known as "Site Participants").
3. AGE AND RESPONSIBILITY.
You must be at least 18 years old to use the Site. You agree that you are responsible for all uses of the Site by you or those using your login information. You will be responsible for any damages caused by your improper or unauthorized use of the Site.
4. PRIVACY STATEMENT.
The information you give during member registration and on the feedback feature is used to answer your questions, to better meet your specific needs, and to improve our products and services. You may occasionally receive updates, special offers or information about travel related products, services and information.
5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
5.1 Site Participants are independent contractors and do not act for or on behalf of Cruise Adventures Travel Company. Cruise Adventures Travel Company shall not be liable for the performance or non-performance of any Site Participants, or for any claims of any nature arising out of any Site Participant's acts or omissions, breach of contract, breach of warranty, failure to pay commissions, or any other cause.
5.2 NEITHER CRUISE ADVENTURES TRAVEL COMPANY NOR ANY SITE PARTICIPANT MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND OR ASSUMES ANY LIABILITY OF ANY KIND REGARDING THE FOLLOWING:
a.) THE USE OF THIS SITE AND/OR ANY INFORMATION, CONTENT OR DATA PROVIDED ON OR THROUGH THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS;
b.) THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR DATA FOUND ON THIS SITE;
c.) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE OR SITES TO WHICH THIS SITE MAY BE LINKED;
d.) ANY FAILURE OR DELAY, INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE;
(e) THE PERFORMANCE OR NON PERFORMANCE OF ANY AND ALL SERVICES PROVIDED ON THIS SITE BY CRUISE ADVENTURES TRAVEL COMPANY AND/OR ANY SITE PARTICIPANT, EVEN IF CRUISE ADVENTURES TRAVEL COMPANY OR THE SITE PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES; OR
(f) THE CONTENT OF ANY OTHER WEB SITES TO WHICH THIS SITE MAY BE LINKED AND ANY CONSEQUENCES OF LINKING TO ANY SUCH SITES.
5.3 IN NO EVENT SHALL CRUISE ADVENTURES TRAVEL COMPANY OR ANY SITE PARTICIPANT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, DIRECT OR OTHERWISE, INCLUDING ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS), OR ANY COST OR EXPENSE, WHETHER BASED IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE CAUSES DESCRIBED ABOVE. IF FOR ANY REASON THE FOREGOING LIMITATION DOES NOT APPLY, THE LIABILITY OF VACATION.COM AND ALL SITE PARTICIPANTS SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (A) THE SUBSCRIPTION FEE AND SERVICE CHARGE FOR ACCESSING THIS SITE OR (B) FIFTY US DOLLARS. SOME JURISIDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, THUS THE FOREGOING LIMITATION(S) MAY NOT APPLY TO YOU.
6. GOVERNING LAW AND JURISDICTION.
This Agreement and its performance shall be governed by the laws of the State of
Passport Online, Inc., ("Passport Online") welcomes you. Passport Online provides content and services available to you on the Passport Online site (http://www.passportonlineinc.com) (or any part thereof), any site that Passport Online hosts (or any part thereof), and any site that uses Passport Online's Web hosting tools and services (the "Sites") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time.
Passport Online respects the intellectual property of others, and we ask our users to do the same. In addition to this Site, Passport Online does host a variety of web sites and provides third parties with Passport Online web hosting services and tools. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, on these Sites, please provide Passport Online's Copyright Agent the following information:
Passport Online's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Passport Online, Inc.
9786 SW Nimbus Avenue
Beaverton, OR, 97008
By phone: 503-626-7766
By fax: 503-626-8676
By email: firstname.lastname@example.org
Passport Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that Passport Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that Passport Online shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
The Sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Passport Online has no control over such sites and resources, you acknowledge and agree that Passport Online is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
Graphic and textual content included with or originating from Passport Online and its associated products may be via direct ownership control or licensed by or to Passport Online, Inc. Use and re-distribution of this content outside of Passport Online and its associated products is expressly prohibited unless specifically authorized in writing.
a. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL 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.
b. PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS; (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PASSPORT ONLINE OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR 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 (EVEN IF PASSPORT ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Passport Online may provide you with notices, including those regarding changes to the TOS, by posting a revised TOS on this site (http://www.passportonlineinc.com).
The Passport Online trademarks and service marks and other Passport Online logos and product and service names are trademarks of Passport Online (the "Passport Online Marks"). Without Passport Online's prior permission, you agree not to display or use in any manner the Passport Online Marks.
Entire Agreement. The TOS constitutes the entire agreement between you and Passport Online and governs your use of the Sites, superseding any prior agreements between you and Passport Online with respect to the Sites.
Choice of Law and Forum. The TOS and the relationship between you and Passport Online shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Passport Online agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah County, Oregon.
Waiver and Severability of Terms. The failure of Passport Online to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.