Terms of Service
In this Agreement, “We”, “Us”, “Our” mean The TravelSmith (“Agency”), “You”, “Your” mean the traveler and anyone traveling under the same booking.
The TravelSmith is an independent travel agency that contracts with third-party suppliers (each a “Supplier” and collectively, “Suppliers”) as a booking agent to provide travel products including tours, cruises, hotels, airline tickets and rental cars. All reservation services provided, and travel services coordinated by us are subject to these Terms and Conditions. By booking a reservation through our Agency, you have agreed to and have accepted these Terms and Conditions. Our booking terms and conditions take precedence over Supplier terms and conditions. Each Supplier is an independent entity with its own management and is not subject to control by our Agency.
We will notify you via email when the booking has been confirmed. These Terms and Conditions are subject to change at any time, without prior written notice; therefore, you should read these Terms and Conditions carefully prior to confirming travel services. Cancellation and change penalties by our Agency may apply to these arrangements, as further stated in our Terms.
Rates and Inclusions
Quoted rates are based on the exact inclusions provided in writing to you. Unless specifically itemized, rates do not include inspection fees for U.S. Customs and Immigration, cost incurred for VISAS and passports, seat assignments, Air Transportation Tax, Agricultural tax, airport taxes and fees including September 11th security fee, passenger facility charges, Federal domestic flight segment fees and U.S. International travel and departure fees, and other government imposed fees, port taxes, vaccinations, gratuities, meals and beverages except as noted and on cruises or all-inclusive resorts, alcohol, resort fees, locally paid city taxes, hotel energy charges, parking and valet services, laundry service, additional bedding charges, telephone calls, minibar, optional excursions, airport transfers, non-qualifying flights, porterage at airports and train stations, travel insurance premiums, and any other miscellaneous charges of a personal nature.
Third Party Suppliers
The Suppliers providing tours, excursions, transportation, accommodations and other components of your trip or vacation are independent contractors and are not agents, affiliates, representatives or employees of us. All documentation, receipts, confirmations and tickets issued are subject to the terms and conditions specified by the Supplier.
Additional terms and conditions, separate from this Agreement, will apply to your reservation and other purchase of travel-related goods and services. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), denied access to the applicable travel product or services, forfeiting any monies paid for such reservation(s), and/or your responsibility to cover any cost we incur as a result of such violation. Any additional terms and conditions will be provided to you in written form via email.
You consent to our use of your personal information. You understand that as part of booking any travel services that certain personal information may be conveyed to third parties in order to accommodate you travel. Such information includes birth dates, passport numbers, travel dates, occupation, frequent flyer information, bank accounts, credit cards and other financial information needed to secure travel arrangements. You will not hold us liable for the distribution of your information to third-party supplier(s). Our liability for the failure of any foreign supplier to protect your personal information is specifically excluded. We keep your personal information only as long as needed to provide information for our sole use of travel and other services for you and for a reasonable length of time thereafter for legal or business purpose.
Terms and Conditions for groups will deviate from FIT (Free Independent Travelers) guidelines. See your Group Sales Contract for details.
Reservations and Payment
By providing your credit card details for payment of any kind, you acknowledge and accept our Terms and Conditions and agree to abide by them. You authorize us to charge your credit card for the charges associated with your travel booking. By authorizing us to charge your credit card, either through our payment authorization form or through the phone, you acknowledge that you understand and agree to all the terms and conditions of the booking, including but not limited to, all cancellation policies.
Payments to Agency in currency other than U.S. Dollar will be converted at current exchange rate to USD. U.S. Dollar payments by Agency to suppliers will be converted at current exchange rate for local country currency.
Terms and Conditions
By paying our planning fee and/or giving us a deposit, or making a booking, you acknowledge that you have read and accept our Terms and Conditions on behalf of yourself and anyone in your party. The lead traveler assumes responsibility for sharing these Terms and Conditions with all parties in the booking. It is the responsibility of each party to read these Terms and Conditions. If there is any part of these Terms and Conditions that you do not understand, please contact us for clarification.
A purchase is not complete until the deposit(s) and other monies due have been processed and a confirmation of booking has been provided to you. Receipt of payment and confirmation from us confirms agreement to these Terms and Conditions. If final payment is not received by the due date, all components of the booking could be cancelled by the Supplier without a refund of payments previously made.
We are not responsible for penalties, fare increases, or fees incurred due to any late payments, all of which must be paid by you.
Revisions, Deviations and Cancellations
Any revisions or deviations made to a reservation are subject to Supplier charges and penalties. In limited cases, some hotels do not permit changes to or cancellation of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your hotel reservations and agree to pay any cancellation or change fees that may be incurred.
Failure to travel or show up for any reservation is considered a “no-show”. No show penalties will be up to entire cost of reservation and are subject to policies and procedures set forth by us.
Refunds, Chargebacks and Adjustments
Claim for refunds and/or adjustments must be made within 5 days of the disputed dates of travel. Full details and proof of payment documentation must accompany all claims. Please allow 180 days to process refunds from date of cancelled travel. No refunds will be issued for cancellations due to actual or threatened terrorist events or due to fear of travel from actual or threatened terrorist, health, political or similar events. Supplier terms are separate from our Agency’s terms. Please refer to the Supplier terms and conditions for details on their policies.
You waive any right to a chargeback in case of cancellation (except for fraud) including Force Majeure event(s) (as described below) and agree to refund policies and procedures outlined in these Terms and Conditions. In the event you attempt a chargeback, reverse or recollect a trip payment already made without our authorization, we have the right to collect additional costs, fees, and expenses associated with the chargeback, including, but not limited to, attorney fees.
If a Future Travel Credit (“FTC”) or Future Cruise Credit (FCC) was issued to a client prior to a chargeback, we reserve the right to immediately rescind the FTC upon notification of the chargeback. If we agree to offer FTC after a chargeback has been received, the chargeback will incur a minimum USD $200 fee deducted from the FTC or FCC.
Traveler Identification and Proof of Citizenship
The Transportation Security Administration (TSA) requires all airline passengers to provide Secure Flight Passenger Data (SFPD): Full name as it appears on Government-Issued I.D., Date of Birth, Gender, Redress number (if available).
The name of the traveler on all reservations and travel documents must match the name as it appears on the traveler’s Government-Issued I.D. The traveler is responsible for any fees and expenses that may be incurred due to an incorrect name or the denial of travel resulting from incorrect information. Updated information regarding security measures and requirements for air travel are available at www.tsa.gov. It is highly recommended that travelers check this website prior to travel to their scheduled destination. All U.S. citizens traveling to or from any international destination must have a valid passport which must be valid for a minimum of six months beyond the return travel date. It is the traveler’s responsibility to verify current entry requirements and obtain the necessary travel documentation based on the country of origin, destination, and any additional countries in which a stop is scheduled. Minors of 17 and under traveling alone or with a single parent may be required to have additional documentation on domestic or international flights. No refund will be issued for losses incurred as a result of failure to obtain or provide required travel documentation.
Hotel accommodation is subject to availability at the time of reservation. Some hotels require NONREFUNDABLE and NON-TRANSFERABLE deposits to guarantee a booking. In such cases, we will notify you for the NON-REFUNDABLE prepayment for that portion of the trip. Amenities such as elevators, air conditioning, bedding size, etc., are not guaranteed in all properties. In addition, even if a property has amenities such as air conditioning or elevator, it is not guaranteed that it will be operational or available during your stay. Reimbursement for lack of amenities is solely the responsibility of the hotels, and while we may act as an intermediary, we cannot be held responsible for such reimbursement under any circumstances.
Special Travel Needs (accessibility, disabilities)
If you have disabilities or special needs that may require non-emergency special services, additional support or accommodation of a disability you should advise us in advance of booking so that we can request assistance or arrange for appropriate services or equipment. In some cases when you are unable to use your own wheelchairs, mobility devices, medical equipment or devices, rental of special equipment or devices may result in additional charges. Airlines may impose charges for additional baggage and may have size restrictions for wheelchairs they can accommodate. If you travel with a service animal or emotional support animal, some suppliers may require advance arrangements and special documentation for the animal’s health and training. Countries outside the United States and Canada have laws and regulations that often apply different standards or accommodation for persons with disabilities or special needs. We will assist travelers with disabilities or special needs however, we are not responsible for the failure of suppliers to meet your needs when the supplier follows laws and regulation of local jurisdictions. Additionally, the laws and regulations of local jurisdictions covering travelers with disabilities or special needs may change in the legal or regulatory realm of the places you visit on your trip. Some destinations may have limited medical facilities or limited availability of prescription medications. You should consult your health provider about your trip. Some travel insurance plans may provide access to emergency medical care, medical evacuation, and replacement of prescription medications. We STRONGLY RECOMMEND THE PURCHASE OF COMPREHENSIVE TRAVEL INSURANCE.
Please note that most airlines consider a name change to be a cancellation. Travelers are responsible to confirm airline baggage allowances for all flights. International flights may have different requirements than domestic flights. Excess luggage fees are the responsibility of the traveler. Tickets of any kind are payable in full and are NON-REFUNDABLE at the time of booking.
Airline tickets are completely NONREFUNDABLE and NONEXCHANGEABLE once purchased. We are not responsible for any loss, accident, injury, delay, defect, omission, or irregularity which may occur, such as changes, additional expenses, and cancellations due to weather conditions, schedule changes and other changes beyond our control. You agree to abide by safety guidelines of all airlines and hold us harmless from any liability due to airline restrictions. Airline seat assignments are not complimentary on every airline. Charges for pre-assigned seats in advance of flight time may be subject to additional charges from those carriers. We cannot guarantee seats in specific locations or next to each other. This is strictly based on availability at the time seats are being selected. Airlines are at liberty to change the aircraft and seat assignment at any time. We cannot be held responsible for any changes made by an airline or any additional charges imposed by those airlines f, or any seats after they have been selected and paid in advance.
Hazardous Materials and Insecticides
All passengers are prohibited by Federal law from bringing hazardous materials aboard aircraft in their luggage or on their person. Violations can result in up to five year’s imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Such materials include explosives, compressed gases, flammable fluids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceutials. There are special exceptions for small quantities (up to 70 ounces total) of medical and toilet articles carried in your luggage and certain smoking materials on your person. You should contact your airline’s representative on your itinerary. Restrictions on hazardous materials are listed athttp://www.tsa.gov/traveler-information/prohibited items.
We recommend that you refer to the Department of Transportation (DOT) list of airports in countries that require airlines to treat passenger cabins with insecticides prior to the flight or while on the aircraft. This list is on the DOT’s website as updated from time to time. http://www.dot/officepolicy/aviation/aircraft-disinfection-requirements.
Responsibilities and Liability
We provide a service in arranging accommodation, transportation, sightseeing, admissions, and any other services from third parties as agreed in each itinerary. We shall not be held liable for any injury, damage, loss, accident, delay, or irregularity which may be occasioned by any company or person engaged in conveying the passengers, providing the services, or otherwise in connection therewith, of any hotel owner, manager or employee. We do not own or operate, nor are we an agent of any of the Suppliers which will provide goods and services for the trip or any option which may be available in connection with the trip. Countries have different laws regarding entry for persons with criminal records. It is your responsibility to know destination entry laws if you or anyone in your party has a criminal record. We do not inquire about an individual’s criminal record in the interest of respecting our clients’ privacy. Refusal of entry is not a valid reason for cancellation or chargeback.
You agree to seek remedies directly with the Supplier and not hold us liable in the event of negligence, loss, injury, delay or expense which results directly or indirectly from any action or omission, whether negligent, criminal or otherwise, of any entity providing goods and services for the trip or any available option.
You also agree not to hold us liable for circumstances beyond our control (e.g. Force Majeure, terrorism, war, or acts of God). We accept no responsibility for losses or extra cost due to delays, schedule changes, or cancellations in train, bus, ship, airlines or other land, lake or river services, medical issues, bad weather/climate conditions, war, terrorist acts, strikes, quarantine, luggage delay or loss, or other causes. You expressly release and hold us harmless against any and all liability from suits and demands of any kind, now and in the future that may occur out of or in connection with your travel or participation in activities arranged by us.
In the event an airline or travel supplier declares bankruptcy, it is not obligated to transport you or to provide refunds. Money given to our Agency immediately becomes the property of the airline or travel supplier as required by law. We are not allowed to provide refunds for suppliers who have declared bankruptcy. If an airline or travel supplier declares bankruptcy, it might continue services or stop completely. Other airlines or travel suppliers may, but do not have to, provide alternative services.
Travel During a Pandemic or Other Health Advisories
You are fully aware of the current global Coronavirus COVID-19 virus outbreak, current travel restrictions, and inherent risks involved in choosing to travel. You are aware that certain countries, including the United States may require testing and up to 14 or more days quarantine upon entering the country, as well as testing and quarantine upon returning to the United States and/or your country of residence. All travelers, including U.S. Citizens, shall refer to the current CDC guidelines, country-specific guidelines, and supplier requirements (including but not limited to airline, hotel, and cruise line) regarding testing and documentation requirements. If you do not adhere to current regulations or provide any required testing results or documentation, you may be denied boarding, entry, and/or return to the United States or your country of residence.
Currently, the CDC requires all travelers to obtain a viral test for current infection of COVID-19 within three days before their flight to the United States. Passengers must provide written documentation of negative test results to airlines and provide paper or electronic documentation of negative tests or recovery from COVID-19. If you do not provide documentation or negative test or recovery or choose not to be tests, airlines MUST deny boarding.
You understand that it is your responsibility to check the latest travel information advisories and requirements from CDC regarding COVID-19 and requirements for any related travel advisory.
The CDC also recommends testing again 3 to 5 days after arrival and to stay home 7 days after travel. We are in no way responsible for passenger testing. Airlines are not responsible for testing. You understand that there is uncertainty regarding the availability of proper testing in destination countries for return to the United States. You are aware that screening procedures and restrictions may take place at airports and in public areas. Restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains or other means of transport. You are aware that immigration restrictions may be put in place before or during travel that could impede your ability to enter/exit your destination as planned. If you decline to purchase travel insurance that includes coverage for medical needs while traveling and coverage for trip delay, you assume all personal and financial loss should you cancel your trip or suffer losses during the course of travel. Insurance claims will only be paid for covered reasons stated in the insurance policy. Wereference what we know as current CDC guidelines for Covid-19. Policies may change before your travel, during your travel, and after your travel return. Countries outside the United States and/or suppliers, including airlines and hotels, may have different guidelines for travel during a pandemic or epidemic. It is your responsibility to be aware of any pandemic or epidemic related restrictions. You are aware of all travel warnings; travel restrictions and rules and you understand the risks. You accept them and hold us harmless for any travel restrictions, death, illness, cancellations by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider including financial loss, quarantining rules or measures put in place at airports or destinations you travel through. Further, you hold us harmless for any financial penalties or fees imposed by suppliers, airlines, cruise lines, tour agencies or any other travel provider due to cancellations or postponements due to COVID-19 and you agree not to institute a credit card charge back for such legitimate penalties or fees. We are not responsible for acts or omissions or suppliers or their failure to adhere to their own schedules, providing services or refunds, financial default, or failure to honor trip credits. And, we have no special knowledge about the financial condition of suppliers and we have no liability for recommending a trip credit or a refund.
You understand that concerns or fear of travel are not a covered reason for cancellation relating to the Coronavirus Covid-19. Insurance claims will only be paid for covered reasons as stated in the insurance policy. You hold us harmless for your election to not purchase travel insurance and hold us harmless for denial of claim by insurer as it relates to COVID-19 or any other claim under the policy. Please note that insurance policies have a specific clause stating that they do not cover epidemics and pandemics, especially when travel warnings are in place.
Force Majeure and Post Covid Travel
We shall not be liable for any circumstances beyond our control, including, but not limited to, acts of God, explosions, flood, forceful wind, fire or accident, war or threat of war, declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disobedience, sickness, epidemics, pandemics, quarantines, government intervention, weather conditions, defects in machinery or vehicles, delays or other unforeseen events (collectively, “Force Majeure”). We shall not be liable to you and shall not provide any refunds caused by delay or non-performance of any obligation under this agreement to the extent any such delay is due to Force Majeure. If any of our travel Suppliers are affected by Force Majeure, they shall be entitled at their sole discretion to vary or cancel any itinerary or arrangement in relation to your trip without notice.
Passports, Visas and Driver’s Licenses
It is your responsibility to be familiar with the laws and rules governing any visit to any country or region. We may be able to assist you in acquiring the necessary travel documents upon your request. It is not our responsibility to determine if any such documents are required. We will not be held responsible in any way if you fail to have the proper Visas and/or documentation for entry into any country or region. It is your responsibility to determine which documents are needed and to acquire that documentation. If an accident occurs and you seek assistance from us, any and all alternate arrangements will be your financial responsibility. It is your responsibility to ensure your passports are up to date and valid to enter any country. It is not our responsibility to determine the validity of your passport or any other travel document to enter any country or region.
Any dispute concerning, relating or referring to these Terms and Conditions, your travel arrangement or any claim for damages due to injury or death which occurs during or in connection with your travel arrangement shall be resolved exclusively by binding arbitration. Arbitration shall be administered by the courts of Licking County, Ohio before a single arbitrator, in accordance with the U.S. District Court for the Southern District of Ohio's rules, regulations, and requirements. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to, contract claims, tort claims, claims based on federal and state law, rules and regulations. Arbitration shall proceed only on an individual basis. The Parties waive all rights to have their disputes heard or decided by a jury or in a court trial and the right to pursue any class or collective claims against each other in court, arbitration, or any other proceeding, unless expressly permitted herein. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. Intellectual property claims will not be subject to arbitration and may, as an exception to this sub-part, be litigated.
Changes to Terms and Conditions
We update Terms and Conditions periodically without notice. For our most current Terms and Conditions, you may obtain them by visiting TheTravelSmith.net.
This Agreement is governed by the laws of the state of Ohio.
By submitting and authorizing us to charge your credit card as provided to us in the Travel Services Agreement OR by signing the Travel Services Agreement you have agreed to this Agreement and you acknowledge and agree to the entirety of this Agreement including cancellation terms above. You acknowledge receipt of notice herein concerning travel during a pandemic or other health emergencies and that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and restrictions due to COVID-19. You take full responsibility for your actions with regards to COVID-19 and you take full responsibility for your actions and for parti(es) booked under your name as the lead traveler. You acknowledge the risks to you if you do not purchase travel insurance. You further acknowledge reading these terms and conditions by paying our planning fee(s) and/or giving a deposit or making a booking and you indicate that you fully understand and agree to our cancellation policies. This Agreement is the entire understanding and agreement between you and us as it pertains to your travel arrangements. No delay or failure by either party to exercise or enforce its rights shall constitute a waiver of rights. If any provision of this Agreement shall be unlawful or unenforceable, then that provision shall be deemed severable and will not affect the validity of remaining provisions. You acknowledge that you have received a copy of the Travel Services Agreement that reference these Terms and Conditions.
If rebooking is requested, we will assist with obtaining any refunds due to rebooking trips using future cruise credits, but we may, at out discretion charge a non-refundable fee for that service.
ACCEPTANCE OF TERMS
- Your access to and use of this website on which this document is found (the “Website”) and all Services (as defined in Section 2), is subject exclusively to these Terms of Service. The terms “you”, “your” and similar pronouns refer to the person using or accessing the Website or the Services. The terms “we”, “our” and similar pronouns refer to the independently contracted person or entity referered to in the header of this site (the “Company”). This is a legally binding agreement between you and Company; please read it carefully. Unless explicitly stated otherwise, any features or services available at any time on the Website or the Services are subject to these Terms of Service. Accessing the Website or the Services in any manner, even by automated means, constitutes your use of said Website or the Services, respectively, and your agreement to be bound by these Terms of Service. If you do not accept these Terms of Service you must immediately stop using the Website or the Services. You may not use the Website or the Services for any purpose that is unlawful or prohibited by these Terms of Service. You further expressly agree and acknowledge all of the following provisions:
- We reserve the right to update or amend (collectively, “change”) these Terms of Service at any time and will revise the effective date when we do so. It is your responsibility to check the Terms of Service regularly for any changes and to take note of the posted effective date of the Terms of Service. Your continued use of the Website or the Services, as the case may be, after the posted effective dates constitutes your agreement to be bound by these Terms of Service as modified, provided however, that such modifications shall not apply to any disputes arising prior to the effective date of the changes. Accordingly, you hereby agree that your continued use of the Website constitutes your waiver to contest the enforceability of any such changes (whether for lack of notice or otherwise). Please do not use the Website if you disagree with the provisions of this paragraph 1.3. Otherwise, your continued use is to be deemed conclusive acceptance thereof.
- The “Services” consist of the Website and any functions provided by, through, or in conjunction with the Website, including but not limited to travel searches, travel booking, email, telephone messages, and text messages. These Terms of Service do not apply to your travel, only to your use of the Services to make a travel booking.
- Each component of your travel (including but not limited to cruises, hotels, flights, excursions, tours, all-inclusives, travel insurance, and all other travel related services) may include its own Terms of Service of service or a contract of carriage (the “Partner Terms”). If Partner Terms apply, you will be shown a link to the Partner Terms prior to completing your booking. We make no representations or warranties as to the Partner Terms. You acknowledge and agree that you will review and agree to the Partner Terms prior to booking your travel through the Services.
- The Services are not for use by users under the age of 18. By registering for the Services, you represent to us that you are over the age of 18, and warrant that you shall not allow persons under the age of 18 to use or access the Services.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE SERVICES IF YOU DO NOT WISH TO COMPLY:
- By either filling out our contact form or providing contact information as part of a prospective or final cruise booking, you give us express written consent to contact you by phone, or e-mail, or text messages to (i) provide notices regarding your bookings and travel itineraries, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we may contact you using autodialed or prerecorded message calls, emails, social media, and text messages to carry out the purposes we have identified above. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number(s) you designate unless we receive your prior express written consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use the Services. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE “DO NOT CALL” REGISTRY. You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the “Contact” section of the Website. In addition, you may opt-out of e-mails by clicking the “unsubscribe” link in any e-mail we send to you, and may opt-out of text messages by replying “STOP” to text messages you receive from us. If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.
- With regard to the use of the Services, including any and all Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent and warrant that (i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content; (ii) the Content does not and will not violate: (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights; (b) any other property rights; (c) privacy rights; or (d) any other proprietary rights of any other person, business, or entity; and (iii) the transmission of the Content does not and will not violate any laws or breach any licenses or other agreements to which you are a party. Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.
- You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services is the sole responsibility of the person from whom such Content originated. You agree and acknowledge that (i) we do not control or endorse the Content and (ii) that we cannot guarantee the accuracy, integrity or quality of such Content. You further agree and acknowledge that by using the Services you may be exposed to Content that is inaccurate, offensive or indecent. You agree that the Company will not be liable whatsoever for any Content or for any loss or damage of any kind resulting, directly or indirectly, from the use of or reliance on any Content transmitted via the Services and you hereby assume and agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
- In using the Services, you agree not to upload, send, post, e-mail, or otherwise transmit via the Services any Content that (i) contains viruses other code or software that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the communications networks or computer systems of Company, or our employees, contractors, affiliates, or customers, (ii) contains unlawful, tortious, libelous, defamatory, abusive, racist, harassing, or threatening material, or is invasive of another’s privacy, another’s right of publicity, is pornographic (including but not limited to child pornography), or otherwise objectionable as determined by us in our sole discretion, or (iii) constitutes unsolicited commercial bulk email (spam), or is prohibited by the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services.
- We have the right, at our sole discretion, to remove any material that breaches these Terms of Service or is (in our sole reasonable opinion) otherwise objectionable.
- You may not use the Services, either manually or by means of an automated tool, to collect the contact information or personally identifiable information of other users of the Services for any purpose (other than using the Services) including, but not limited to, collection of such information for advertising or direct marketing to users of the Services outside of the Services.
- You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
- Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses;
- Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting;
- Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- Impersonating others, phishing, or secretly or deceptively obtaining personal information of third parties; or
- Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another’s network, system, computer or other property.
- We reserve the right to immediately and without notice suspend or terminate your use of the Services if we reasonably believe that you have violated these Terms of Service. We have no obligation to provide you with notice of an alleged violation. We may at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services.
THIRD PARTY SERVICES
- The Services may include services provided to Company by third party providers (a “Third Party Component”), including but not limited to ASAP Cruises Inc. dba OutsideAgents.com. Prior to using any Third Party Component, you may be required to agree to additional Terms of Service provided by such third-party vendor. You acknowledge and agree that you will comply with such additional Terms of Service.
COMPLIANCE WITH LAWS
- In connection with your use of the Website or the Services, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
- You agree and acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of the Services are subject to domestic and foreign U.S. laws (including the U.S. Export Administration Act and the regulations implemented thereunder by the U.S. Department of Commerce, the U.S. Foreign Corrupt Practices Act (“FCPA”), and all foreign laws similar to the FCPA) (all such laws and regulations collectively referred to herein as “Export Laws”), as the same may be amended from time to time, (ii) the transmission of Content via the Services may be subject to all domestic and foreign privacy laws applicable to the provision of Services (including the Electronic Communications Privacy Act (together with the Stored Communications Act),the Federal Trade Commission Act, the U.S. Patriot Act, the Children’s Online Protection Act, state privacy laws (including the California Online Privacy Protection Act (“CalOPPA”)), state wiretap laws, and, together with all respective federal and state regulations implementing those laws, as the same may be amended from time to time (all such laws and regulations collectively referred to herein as “Privacy Laws”), and (iii) you shall strictly comply with all Privacy Laws and Export Laws applicable, directly or indirectly, to your operation or use of the Services or your transmission of Content thereby.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that the Services, the Website and Content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws that are owned by Company or other third parties from whom Company has the right to display such intellectual property. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
- The Company does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. You hereby grant to Company (and its Affiliates) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Content that you upload to the Services, and to incorporate any such Content in other works in any form, media, or technology now known or later developed. You agree that Company will not treat any Content that you upload to the Services as confidential and may use any such Content in the operation of its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind.
- You agree to indemnify, defend and hold Company and its shareholders, members, board of directors, board of managers, officers, managers, employees, agents, independent contractors, attorneys, suppliers, vendors or representatives (collectively with Company, the “Company Affiliates”) harmless from and against any and all Claims and Damages arising directly or indirectly (i) from any breach by you of these Terms of Service, and (ii) any Claim brought or threatened against Company by any third party arising (a) out of your use of the Services or (b) by reason of or in connection with any Content submitted, posted or transmitted through the Services, howsoever such Claims or Damages are suffered or incurred by Company as a result of (a) or (b).
- For purposes of these Terms of Service:
- “Claim” shall mean any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing, written notice, arbitration, investigation, request for information, litigation, charge or complaint.
- “Damages” shall mean any and all injury, damage, liability, judgment, loss, penalty, interest, cost and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim.
DISCLAIMERS AND LIMITATION OF LIABILITY
- USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY, EXPRESS OR LIMITED, WITH RESPECT TO THE SERVICES, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
- WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER TO THE EXTENT ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH LOST OR ALTERED MESSAGES OR TRANSMISSIONS OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, DAMAGE OR DESTRUCTION OF YOUR CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS, EXCEPT TO THE EXTENT THAT ANY OF THE FOREGOING IS CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
- NOTWITHSTANDING ANY PROVISION OF THSE TERMS OF SERVICE TO THE CONTRARY, NONE OF THE COMPANY AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL COSTS, LIABILITIES OR DAMAGES, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE, ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES, ANY INTERRUPTION OF SERVICES, OR ANY DELAY, ERROR OR LOSS OF DATA OR INFORMATION ARISING IN ANY MANNER OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ALL CLAIMS FOR WHICH ARE HEREBY SPECIFICALLY WAIVED. TO THE EXTENT SUCH DISCLAIMER IS PERMITTED BY LAW, WE HEREBY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING COSTS, LIABILITIES OR DAMAGES CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT GUARANTEED TO BE SECURE OR FREE FROM TAMPERING, VIRUSES, OR OTHER SECURITY VIOLATIONS. ACCORDINGLY, WE HEREBY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE SECURITY OF THE SERVICES, WHETHER OR NOT YOU HAVE IMPLEMENTED ENCRYPTION, FIREWALL PROTECTION OR ANY OTHER INTERNET SECURITY SERVICE OR DEVICE. YOU AGREE THAT THE TRANSMISSION OR USE OF CONTENT VIA THE SERVICES IS AT YOUR OWN RISK.
GOVERNING LAW AND USE OF TERMS
- Captions and paragraph headings used in these Terms of Service are for convenience only, are not substantive provisions and are not be used to interpret any provision hereof. Pronouns used herein are to be construed as masculine, feminine, or neuter, and both singular and plural, as the context may require and the term “person” includes an individual, corporation, limited liability company, association, partnership, limited partnership, limited liability partnership, trust, and other organization, as the case may be. The word “include”, “exclude” and derivations thereof are not be construed as terms of limitation. The words “day,” “month,” and “year” mean, respectively, business day, calendar month and calendar year. Section references refer to sections of these Terms of Service.
- In the event of any conflict between these Terms of Service and any contract between you and the Company, the latter shall control.
- Should any part or provision of this Agreement, for any reason, be declared invalid or illegal, such invalidity or illegality shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid or illegal portions thereof eliminated.
- All the provisions herein contained shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. Outside Agents may assign all of its rights hereunder at any time without notice or consent.
- This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. In the event of any legal action or proceeding arising from this Agreement, the parties agree that the state court forum for said litigation shall be in Duval County, Florida, in the court of appropriate jurisdiction, and that the federal court jurisdiction shall be in the Middle District of Florida in Duval County, Florida. The parties hereto submit to the exclusive jurisdiction of such courts and hereby waive any objection or defense to such jurisdiction or venue, including any defense based upon inconvenient forum.
Effective Date: April 8, 2019