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Terms of Use
Introduction...
OnlineCruiseService.com is owned and operated by Online
Cruise Service ("OCS"), a Florida licensed travel Agency
#ST24456. This Agreement describes the terms and
conditions applicable to the services available through
this website. This Agreement describes your
responsibilities and, among other things, limits the
liability of OnlineCruiseService.com. Before submitting
an account registration form and/or using any of the
services offered on our website, please read all of this
Agreement carefully. Your use of this website (the
"Site") constitutes your agreement to be legally bound
and abide by all terms, conditions and notices contained
herein. If you do not agree with any part of these Terms
and Conditions, YOU MUST NOT USE THIS SITE.
Additionally, children are prohibited from using this
Site.
OCS
reserves the right, in its sole and absolute discretion,
to amend this Agreement at any time by posting the
amended terms on this Site. The amended terms shall be
effective from and after the date that they are posted
on the Site.
OCS
incorporates herein, by reference, its Privacy Policy.
Part I of
these Terms and Conditions applies to all products and
services available through the Site. Part II of these
Terms and Conditions apply specifically to Hotel
Reservations.
PART I
General Terms and Conditions
Copyright Notice
You, the
User, acknowledge that all content included on this
Site, including the information, data, software,
photographs, graphs, video, typefaces, graphics, music,
sounds, images, illustrations, maps, designs, icons,
written and other material and compilations
(collectively, "Content") are intellectual property and
copyrighted works of OCS and/or various third party
providers ("Providers"). Reproductions or storage of
information or works retrieved from this Site, in all
forms, media and technologies now existing or hereafter
developed, is subject to the U.S. Copyright Act of 1976,
Title 17 of the United States Code.
Trademark Notice
"OnlineCruiseService.com"
and "OnlineCruiseService" are existing or pending marks
of OnlineCruiseService Corporation. Other product and
company names identified on this Site may be the
trademark, trade name, service mark, logo, symbol or
other proprietary designation of a third party. The use
on this Site of any name, trademark, trade name, service
mark, logo, symbol or other proprietary designation or
marking of or belonging to any third party, and the
availability of specific goods or services from such
third party through this Site, should not be construed
as an endorsement or sponsorship of this Site by any
such third party, or the participation by such third
party in the offering of goods, services or information
through this Site.
Acceptable Use
It is a
violation of law to purchase a product in a false name
or with an invalid credit card. Please be aware that
even if you do not give us your real name, your web
browser transmits a unique Internet address to us that
can be used by law enforcement officials to identify
you. Fraudulent users will be prosecuted to the fullest
extent of the law.
No
Warranties
Unless a
Provider has agreed otherwise, all products, services,
advice, merchandise and information available through
this Site are provided on an "as is", "as available"
basis without warranties of any kind, either expressed
or implied, including but not limited to, warranties of
title or implied warranties of merchantability or
fitness for a particular purpose. Without limiting the
above, no warranty or guarantee is made (i) regarding
the purchase of any product, (ii) that a User will
receive the lowest available price for goods and/or
services available through this Site, (iii) regarding
the availability of products and/or services through
this Site or, where applicable, at any participating
retailer or retailer location, (iv) that use of this
Site and all software, products or services associated
with this Site will be error free, (v) regarding the
results that may be obtained from the use of this Site,
(vi) regarding the completeness, accuracy, reliability
or quality of any information content, data, service,
advice or merchandise provided or available through this
Site, or (vii) regarding the performance or
non-performance of this Site including, but not limited
to, any performance or nonperformance in connection with
or as a consequence of the passage of time to and beyond
the year 2000. You expressly agree that the use of this
Site is at your sole risk.
General Limitation of Liability
IN NO
EVENT SHALL OCS, INCLUDING ITS OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS
(COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY
INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD,
ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER
BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF
OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR
WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED
THROUGH THIS SITE, EVEN IF OCS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Further,
the Covered Parties accept no responsibilities for any
damage and/or delay due to Provider cancellations,
shortages, sickness, pilferage, labor disputes,
machinery breakdown, quarantine, government restraints,
weather or causes beyond the Covered Parties' control.
No responsibility is accepted for any additional
expense, omissions, delays, re-routing or acts of any
governmental authority. No Covered Party shall be
responsible for any Provider's breach of any warranty
including, but not limited to, implied warranties of
fitness for a particular purpose or of merchantability,
nor shall any Covered Party be responsible for any other
wrongdoing of a Provider (including any liability in
tort), as to any products and/or services available
through this Site. No Covered Party shall be responsible
for any Provider's failure to comply with these Terms
and Conditions nor for any Provider's failure to comply
with applicable federal, state and local law including,
without limitation, laws governing the sale, warranty,
and return of perishables.
If,
notwithstanding the above, a Covered Party is found
liable for any loss or damage relating to the use of
this Site, User agrees the liability of any such party
shall in no event exceed the fee or charge to the User
assessed by OCS for making a Purchase.
The
Company is headquartered in Clearwater, Florida U.S.A..
You agree that these terms of use shall be governed by
and construed in accordance with the laws of the State
of Florida without regard to its conflict of law
provisions.
You consent to the exclusive jurisdiction and venue of
the courts in, and agree that any action at law or in
equity arising out of or relating to these terms shall
be filed only in, the state or federal courts located in
Pinellas or Hillsbrough County, Florida. You hereby
consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void,
or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not
affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us
relating to the subject matter herein and shall not be
modified except in writing, signed by both parties
Third
Parties
If you
use this Site to purchase products or services for or on
behalf of a third party ("Third Party"), you are
responsible for any error in the accuracy of information
provided in connection with such use. In addition, you
must inform the Third Party of all Terms and Conditions
applicable to all products or services acquired through
this Site including all rules and restrictions
applicable thereto.
Each User
using this Site for or on behalf of a Third Party agrees
to indemnify and hold each Covered Party harmless from
and against any and all liabilities, losses, damages,
suits and claims (including the costs of defense),
relating to the Third Party's or the User's failure to
fulfill any of its obligations as described above.
User
Comments, Feedback and Other Submissions
All
comments, feedback, suggestions and ideas disclosed,
submitted or offered to a Covered Party in connection
with your use of this Site (collectively, "Comments"),
shall be and remain the exclusive property of OCS and
may be used by a Covered Party in any medium and for any
purpose worldwide without obtaining your specific
consent. For example, your Comments could be used on
this Site and in radio, television and print
advertisements. Your first name, first initial of your
last name, and town and state may be used with any
Comments you submit. No Covered Party is under any
obligation to maintain your Comments (and the use of
your first name and first initial of your last name with
any comments) in confidence, to pay to you any
compensation for any Comments submitted, or to respond
to any of your Comments. You agree you will be solely
responsible for the content of any Comments you make.
Links
to other Websites and Services
To the
extent this Site contains links to outside services and
resources, any concerns regarding such services or
resources should be directed to the particular outside
service or resource provider. None of the Covered
Parties guarantees or warrants the accuracy or
completeness of the information or content included on
the Web sites of these outside services and resources.
Termination of Usage
User
access to all or part of this Site may be terminated or
suspended at any time, without notice and for any
reason.
Credit
Card Submissions
Under no
circumstances may a purchase be made by a User utilizing
this Site unless the User has provided OCS with the
account number and expiration date of a major credit
card.
Miscellaneous
The
captions in these Terms and Conditions are only for
convenience, and do not, in any way, limit or otherwise
define the terms and provisions of these Terms and
Conditions.
These
Terms and Conditions, and the related Parts of this
Agreement relating to each service represent the entire
agreement between you and each Covered Party regarding
your use of this Site and supersede any prior statements
or representations. The internal laws of the State of
Florida shall govern the performance of the terms and
conditions of this agreement.
Part
II Terms and Conditions that Specifically apply to the
Hotel Service
Limitation of Liability
OCS may
be deemed to be acting as agent for hotels
(collectively, "Hotel Suppliers") in facilitating the
sale of hotel services to you. OCS does not assume
liability for any injury, damage, death, loss, accident
or delay due to any act or default of a Hotel Supplier,
or by an act of God. Further, no responsibility is
accepted for any damage and/or delay due to hotel
cancellations, pilferage, labor disputes, machinery
breakdown, quarantine, government restraints, weather or
causes beyond OCS's control. No responsibility is
accepted for any additional expense, omissions, delays
or acts of any governmental authority.
Travel
Service Limitation of Liability
OCS is
acting as an agent for airlines or other travel service
providers (collectively, "Travel Suppliers") in selling
travel services, or in accepting reservations or
bookings for such services to be provided to you. OCS
does not assume liability for any injury, damage, death,
loss, accident or delay due to an act of negligence or
the default of a Travel Supplier, or by an act of God.
Further, no responsibilities are accepted for any damage
and/or delay due to sickness, pilferage, labor disputes,
machinery breakdown, quarantine, government restraints,
weather or causes beyond OCS's control. No
responsibility is accepted for any additional expense,
omissions, delays, re-routing or acts of any
governmental authority. The contract of carriage in use
by a Travel Supplier, when issued, shall be between the
Travel Supplier and the passenger.
PART
IV Terms and Conditions that Specifically Apply to
Cruise Services
Itineraries
Most
cruise linesreserve the right to cancel or change
itineraries at any time.
Cancellations
If travel
insurance is not purchased, the cancellation
policy of the cruise line shall prevail. |