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Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Cruiseable website at cruiseable.com (the “Site”) and the services made available by Cruiseable through the Site and our application for your mobile phone or other device (the “Application” and the “Services” respectively). In these Terms, “Cruiseable” and “we” mean Agile Travel Group, Inc. d.b.a. Cruiseable (including any successor entities), and “User” and “you” mean any user of the Services.

By accessing the Site, the Application and using the Services you acknowledge that you have read, understand, and agree to be bound by these Terms and the Privacy Policy that is an inherent part of the Terms, and that you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services or from entering into legally binding agreements with Cruiseable via the Site or Application.

As a condition of your use of this Site or Application, you also warrant that all Content (as defined below) supplied by you on the Site or Application is true, accurate and complete, and if you have an account at the Site or Application (“Cruiseable Account”), you will safeguard your Cruiseable Account information and will supervise and be completely responsible for any use of your Cruiseable Account by anyone other than you.

We constantly try to improve our Site and Services and therefore we may have to change or otherwise modify these Terms to appropriately represent our current policies. We will notify you of any changes to these Terms and conditions by placing a conspicuous notice on the Site. Any revisions will take effect 10 days after the posting. You understand and agree that your continued access or use of the Site after such change signifies your acceptance of the updated or modified Terms.

THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

I. Content

Cruiseable allows you, Users and other third parties to post or otherwise make available at the Site or Application various materials, including articles, reviews, comments, links, photos, pictures, videos, recordings, and others forms of text, sound or graphics (“Content”). The Content posted or made available by you should be specifically referred to as the “User Content.

You retain rights to your User Content and you are solely responsible for it.

Notwithstanding the above, you grant Cruiseable a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute User Content on the Site (including sites of a successor entity), Application and other third party websites or applications for the purposes directly or indirectly connected to operating Site or Services including, among others, providing, improving, promoting, developing, or facilitating Services by us and using the Services by you and other Users. 

The Site or Application may contain posts, discussion forums, reviews, comment threads, galleries or other forums in which you or third parties may post Content, including reviews of Services, business partners’ services, and personal experiences, for instance: reviews of your cruises or travels ("Interactive Areas"). If Cruiseable provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or Application any of the following:

  1. Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Cruiseable;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. User Content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
  9. User Content or links to content that, in the sole judgment of Cruiseable, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site and Application, or (d) which may expose Cruiseable or its affiliates or its users to any harm or liability of any type.

You acknowledge that the Content appearing on the Site is protected by worldwide copyright laws and other applicable laws and regulations. Cruiseable is either the owner of the Content, including all copyrights and other ownership and intellectual property rights therein, or has been granted the right to use the Content by its owner(s). Content may not be used, copied, reproduced, modified, distributed, posted or transmitted in any manner, other than as specifically provided for herein, without the express prior written permission of Cruiseable in each instance.

Cruiseable grants you a limited license only, without any transfer of ownership rights, to use the Content in the scope restricted to posting reviews, sharing your cruise and travel experiences and engaging in other discussions in Interactive Areas and social networks with regards to the Services and Bookings including cruise lines, cruise ships, activities and venues, all subject to all the same limitations applicable to posting your User Content in Interactive Areas provided for in the preceding paragraph.

Your use of Content is furthermore subject to the following conditions: you may not alter the Content in any way; you may not use the Content in any manner that implies that you are Cruiseable or that Cruiseable has sponsored or endorsed you or your business, product or activities; you may not use the Content in any manner which Cruiseable, in its sole discretion, determines to be undermining or disparaging Cruiseable, its affiliates or business partners including the Site, Services and products. You cannot use the Content for your commercial purpose or in connection with the products or services of a competitor of Cruiseable. Your use of Content must include any logos, copyrights, service marks, trademarks or other intellectual property markings that appear in the Content in its unaltered form. Any use of the Content by you must be in accordance with all applicable national, foreign or local laws, statutes, rules and regulations.

Nothing in these Terms shall restrict other legal rights we may have to Content, for example under other licenses or as a result of separate agreements between us including, among others, agreements containing work-for hire clauses.

Cruiseable takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Cruiseable liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Cruiseable is not liable for any statements, representations or Content provided by its users in any Interactive Area or on social media.

Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content (including User Content) posted or stored on the Site or Application or, to the extent possible on our social media profiles, at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site or Application at your sole cost and expense.

Any use of the Content or Interactive Areas in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. You can find some current providers of such protections at http://www.getnetwise.org/.

II. Bookings

We provide you with the ability to search for, select, reserve and book cruises, air tickets, accommodations, rent cars and buy trip insurance with third-party suppliers (“Bookings”) either through the Site and Application or after redirecting you to a website of our business partner. An entity that provides the Bookings shall be hereinafter referred to as “Bookings Third Party” or “BTP.” We may also use the APIs (application programming interfaces) of our affiliated partners to facilitate a purchase or reservation of a Booking on the Site or Application. In order to use the Services and purchase or reserve Bookings you must have a Cruiseable Account.

You agree that you will use the Services to make legitimate reservations or purchases of Bookings for you or others for whom you are legally authorized to act. Any false or fraudulent reservation or purchase is prohibited, and any User who attempts such a reservation may have his or her Cruiseable Account terminated. If you have a Cruiseable Account, you will safeguard your Cruiseable Account information and will supervise and be completely responsible for any use of your Cruiseable Account by anyone other than you.

When you reserve or purchase a Booking, we will transmit your payment information to the processor or Booking Third Party (as defined below) to complete the transaction, as described in our Privacy Policy. Please note that these third parties, not Cruiseable, process your payment and fulfill your reservation. In the unlikely event that a Booking reservation is available when you place an order but it becomes unavailable prior to check-in, your sole remedy will be to contact the Booking Third Party to make alternative arrangements or to cancel your reservation.

We will not interfere with your reservations and purchases of Bookings arbitrarily, but we reserve the right to cancel or not process a reservation or purchase of a Booking because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. We also reserve the right to take steps to verify your identity to process your reservation.

III. BTPs as third-party suppliers

Cruiseable serves as an intermediary between Users and Booking Third Parties (BTPs) and does not provide or own any Bookings, including transportation services or accommodations. Although Cruiseable displays information about properties owned by BTPs and facilitates Booking reservations and purchases with certain BTPs and affiliate sites, such actions, unless otherwise explicitly stated, do not in any way imply, suggest, or constitute our sponsorship or approval of any BTP, or any affiliation between Cruiseable and a BTP. Although Users may rate and review particular properties based on their own experiences, Cruiseable does not endorse or recommend the products or services of any BTP. You agree that Cruiseable is not responsible for the accuracy or completeness of information it obtains from BTPs and displays on its Site or Application.

If you reserve a Booking with a BTP, you agree to review and be bound by the BTP’s terms and conditions of purchase and website use, its privacy policy, and any other rules or policies related to its site or property. Your interactions with BTPs are at your own risk. Cruiseable will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any BTP or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with them. Because we are not are parties to Booking transactions between Users and BTPs, any dispute or conflict involving an actual or potential transaction between you and a BTP, including the quality, condition, safety or legality of a Booking the accuracy of the listing content, the BTP’s ability to provide a service described in Booking or your ability to pay for such a service, is solely the responsibility of each User and respective BTP.

The Site may link you to BTP sites or other websites that Cruiseable does not operate or control. For further information, please refer to the “Links to third-party sites” section below.

IV. Links to third-party sites

The Site and Application may contain hyperlinks to websites operated by parties other than Cruiseable. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Cruiseable to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

V. Copyrights

Cruiseable displays photos, videos and other material from a number of independent third parties, including cruise lines, tourism organizations and photographers. All of these businesses, organizations and individuals retain their copyright to their works, and Cruiseable makes no claim over such works.

Cruiseable respects the intellectual property rights of others and we expect you to do the same. It is our policy, in appropriate circumstances and at its discretion, to quickly remove infringing material brought to our attention and to disable and/or terminate the Cruiseable Accounts of Users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.

DMCA notices

In accordance with the Digital Millennium Copyright Act of 1998, Cruiseable will respond expeditiously to claims of copyright infringement committed using the Site or Application that are reported to the email address indicated below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or Application by sending us a notice of alleged infringement. Upon receipt of the notice as described below, Cruiseable will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

In order for us to review your notice, it has to:

      1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by the notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
      2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
      3. Provide your mailing address, telephone number, and, if available, email address.
      4. Include both of the following statements in the body of the notice:

        "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law.

        "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

      5. Provide your full legal name and your electronic or physical signature.

 

Deliver the notice, with all items completed, to the following address:

Cruiseable Copyright Agent

3756 Pimlico Drive

Pleasanton, CA 94588

Telephone 1-925-600-7641

Email: [email protected]

 

DMCA counter-notices

If you receive a notification that Cruiseable has removed your work from its Sites because of a copyright notice filed by another party, and if you believe the material was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy of that notice to the party who filed the original complaint. If we do not receive notice within 10 business days that the party who submitted the original complaint is seeking a court order to prevent further infringement of the disputed content, we will remove the complaint from your account's record, and we may replace the content that was removed.

There are legal and financial consequences for fraudulent and/or bad faith submissions. So before you submit a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error.

Follow these steps to file a DMCA counter-notice:

      1. Email your counter-notice to [email protected]
      2. Include ALL of the following:
      • Your name, address, and telephone number.
      • DMCA ID (from the takedown notice) printed at the bottom of the notification email.
      • The source address of the content that was removed (copy and paste the link in the notification email).
      • A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
      • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Cruiseable may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent for that person.
      • A physical or electronic signature (for example, typing your full name).

VI. Rewards programs and contests

From time to time, Cruiseable may post Rewards Club programs, Loyalty programs or Contests (“Rewards Programs”) with various names (for example, the Travel Lovers Rewards Club) for the general public to join or participate in. You must be 18 years or older to join.

Such Programs may involve earning points or free amenities in return for membership or in return for an exchange of services with Cruiseable. Cruiseable may partner with outside third-party services in order to provide said benefits to members.

These Terms and Conditions (the "Program Rules") govern the Rewards Programs and the Company's relationships with members of either Rewards Program ("Members," individually, a "Member" or "you"). Membership in the Rewards Programs is subject to the Program Rules set forth below, and these Program Rules apply universally to all Rewards Programs overseen or operated by Cruiseable unless specifically indicated otherwise. By opening an account or joining such Rewards Program, you that:
(a) You have read, understood and accepted these Program Rules; and
(b) You consent to Cruiseable’s processing of data that is personal to you, and disclosure of such data to third parties, in accordance with Cruiseable’s privacy statement.

The Program Rules are set forth as follows:

  1. When you enroll in a Program, you may be granted Club status and receive basic membership benefits: You qualify to collect points, credits or virtual dollars that can be redeemed for real-world benefits, such as discounts at hotels, car rental companies, airport security vendors, and similar businesses. Cruiseable makes no warranty about fulfillment or services provided or not provided by such third-party entities. Cruiseable reserves the right to remove individuals as participants in the Programs or from the rolls of third-party partners for failure to pay membership subscriptions.
  2. Members admitted to the Program may receive communications from Cruiseable pertaining to the Program, to third-party sites or to other offerings from Cruiseable or Cruiseable’s partners. Members of each Rewards Program may earn different Membership levels, points or credits, depending on the nature of their subscriptions and subsequent actions on the Cruiseable website or partner websites. 1.
  3. After applying to the Rewards Program, a Membership Account will be opened and a Membership Number will be assigned to each applicant. Upon receiving this number, an individual becomes a Member eligible to earn Rewards Program points or credits. Members may redeem accumulated points or credits at any time. 2.
  4. The accumulation of points and credits is subject to the Program Rules. Each Rewards Program Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Rewards Program, as well as the structure for earning rewards ("Rewards", individually, a "Reward").
  5. Participation in the Rewards Program is subject to the Program Rules, rules, regulations, policies and procedures that Cruiseable may, in its discretion, adopt from time to time. Cruiseable may amend the Program Rules at any time without notice. Cruiseable has the sole discretion to interpret and apply the Program Rules.
  6. Points are not transferable between Members.
  7. The Rewards structure is subject to modification, cancellation, or limitation at the Company's discretion, with or without notice. The number of points or credits required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or reward redemption ("Reward Redemption") may be imposed at any time.
  8. Cruiseable and its travel partners have the right to change, limit, modify or cancel the Rewards Program Rules, Rewards and reward levels at any time, with or without notice, even though such changes may affect the value of points or credits, or the ability to obtain certain Rewards. Cruiseable and its travel partners may, among other things: a) increase or decrease the number of points or credits received; b) withdraw, limit, modify or cancel any Reward; c) change program benefits, travel partners, locations served by Cruiseable or its travel partners, conditions of participation, rules for earning, redeeming, retaining or forfeiting points or credits, or rules governing the use of Rewards; d) change or cancel its travel partner Rewards. In accumulating points or credits, Members may not rely upon the continued availability of any Reward or Reward level or category.
  9. Additionally, Cruiseable has the right to terminate the Rewards Program by providing written notice (including online or email notifications) to its Members two months in advance of Rewards Program termination. In that event, the right to earn points and credits and redeem Rewards may end two months after notification, no matter the extent of Member participation in the Rewards Program. Cruiseable may terminate the Rewards Program earlier in whole or in part in any jurisdiction(s) if required to do so by applicable law.
  10. POINTS EXPIRATION POLICY: Members must remain active in the Rewards Programs to retain points they accumulate. Notification (by email or other electronic communication) will be provided at least seven days in advance before a Member’s Account is suspended. Once points have been forfeited, the points cannot be reinstated, but a Member can earn new points, unless that Member's account is deactivated too.
  11. Cruiseable reserves the right to reject applications for Membership, to revoke, cancel or suspend any Rewards Program Membership, Reward, and/or any and all unredeemed points or credits, or take other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if Cruiseable believes: (a) the Member has (1) violated any of the Program Rules, (2) failed to pay any bills or accounts due to Cruiseable or a participating third-party partner, (3) acted in a manner inconsistent with applicable law, regulations or ordinances, (4) engaged in any misconduct or wrongdoing in connection with the Rewards Program, including without limitation, involving point credits, Reward use, or Member benefits, or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, Cruiseable, its employees or partners; or (b) Cruiseable‘s provision of the Rewards Program and/or any associated benefits (including but not limited to points or credits) to Member may violate any applicable laws to which Cruiseable is subject from time to time.
  12. Nothing in these Program Rules will limit Company from exercising any legal rights or remedies that it may have.
  13. VOID WHERE PROHIBITED: Membership in the Rewards Program, the awarding of points and credits and the redemption of Rewards Program Certificates are automatically void where prohibited by applicable law.
  14. When traveling on business, it is the Member's responsibility to comply with his or her company policy concerning travel programs. Information regarding a Member's accumulation of points or credits for business travel is subject to disclosure to the Member's company.
  15. Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions ("access codes") of partner websites. The content contained in such restricted areas is confidential to said partner, and is provided to the Member for his or her personal use only. Cruiseable reserves the right to prohibit the use of such access codes by the Member or on his or her behalf by third parties where Cruiseable determines that such use interferes with the websites' operation or results in commercial benefits for other entities to Cruiseable's detriment.
  16. These are the complete Program Rules applicable to Members who earn points or credits. Cruiseable has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by Cruiseable in its sole discretion.

VII. Disclaimers, No Warranties

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CRUISEABLE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATION OR SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SITE, APPLICATION OR SERVICES.

BOOKINGS AND OTHER INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SITE, APPLICATION AND SERVICES INCLUDING BOOKINGS AND ANY OTHER INFORMATION AND DESCRIPTION OF CRUISES, HOTELS AND OTHER RENTAL PROPERTIES, PLANE AND TRAIN TICKETS, CARS AND OTHER MEANS OF TRANSPORTATION, LEISURE ACTIVITIES OFFERED, INSURANCE COVERAGE, TOURS, SHORE EXCURSIONS, AND ANY OTHER TRAVEL-RELATED PRODUCTS AND SERVICES DISPLAYED ON THIS SITE BY US, BTPs OR OTHER THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF CRUISE SHIP OR HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, CRUISEABLE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE AND APPLICATION AND/OR ON PENDING BOOKING RESERVATIONS AND PURCHASES MADE UNDER AN INCORRECT PRICE.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE BOOKINGS , INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE AND APPLICATION FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY BOOKING OR SERVICES ON THE SITE OR APPLICATION DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY CRUISEABLE. ALL SUCH SERVICES, INFORMATION, SOFTWARE, PRODUCTS, AND BOOKINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CRUISEABLE DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, APPLICATOIN, THEIR SERVERS OR ANY EMAIL OR MESSAGE SENT FROM CRUISEABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRUISEABLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO BOOKINGS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE BTPs PROVIDING BOOKINGS, INFORMATION, AND OTHER TRAVEL SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF CRUISEABLE. CRUISEABLE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH BTP OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CRUISEABLE HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT OR INDIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL CRUISEABLE (OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE OR APPLICATION INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE OR APPLICATION; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE OR APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CRUISEABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AS A USER OF THIS SITE OR APPLICATION, AND SERVICES INCLUDING BOOKINGS, YOU UNDERSTAND AND AGREE THAT: NEITHER CRUISEABLE NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR CRUISEABLE ACCOUNT; AND THE UNAUTHORIZED USE OF YOUR PASSWORD OR CRUISEABLE ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH CRUISEABLE AND OTHER USERS.

If we are found liable for any loss or damage that arises out of or is in any way connected with your use of our Site, Application or Services, then our liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Cruiseable for the transaction(s) on this Site giving rise to the particular claim, or (b) One Hundred Dollars (US $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Cruiseable.

VIII. Indemnification

You agree to defend and indemnify Cruiseable and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of these Terms or the documents referenced herein; your violation of any law or the rights of a third party; or your use of the Site or Application.

IX. Dispute resolution

For any dispute you have with Cruiseable, you agree to first contact us and attempt to resolve the dispute with us informally and amicably. If Cruiseable has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Cruiseable agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CRUISEABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

X. Governing law; Forum selection clause

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. If for any reason a claim cannot proceed in arbitration as per Section IX of these Terms, we each agree to submit to the personal jurisdiction of a state court located in the United States District Court for the District of Northern California or United States District Court for the District of Northern California.

XI. General provisions

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cruiseable without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement; Severability. These Terms, together with the Privacy Policy and any subsequent amendments to their provisions shall constitute the entire agreement between you and Cruiseable concerning the Site, Application and Services. If any provision of these Terms or Privacy Policy is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact

For answers to your questions or ways to contact us, visit our Site, email us at [email protected] if it's a general question or [email protected] if it relates to a legal matter, post a question to our Ask any question section, or you can write to us at Cruiseable, 3756 Pimlico Drive, Pleasanton, CA 94588.

 

Related

• Copyright on Cruiseable

• Privacy policy