CRUISEWIRE.COM TERMS OF SERVICE
Effective Date: January 15, 2018
CruiseWire.com is a website owned by CRUISEWIRE LLC, a Florida limited liability company (hereinafter, “CruiseWire”, “we”, “our”, or “us”). The terms "you," "your," "yours", “user”, “users” and "customer" refer to the all persons who access our website. The terms "Site", "Website", “Agency”, “Travel Agency”, "Application", “App”, "Product", “Services” and "Service" refer to the website and services provided by CruiseWire.
CruiseWire is an online travel agency that provides cruise search and cruise booking services to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (hereinafter, the “Terms of Service”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to the Terms of Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
The Terms of Service are a binding contract between you and CruiseWire.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR ITS PRODUCTS OR SERVICES. YOUR AGREEMENT TO COMPLY WITH WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
These Terms of Service are effective as of January 15, 2018. We expressly reserve the right to revise or modify these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review our website and these Terms of Service from time to time and to familiarize yourself with any revisions or modifications. Your continued use of this website after any modification or revision is made to the Terms of Service constitutes your agreement to abide by and be bound by the revised or modified Terms of Service.
DESCRIPTION OF SERVICES
CruiseWire offers online cruise search and cruise reservation booking services through our website.
The service includes, but is not limited to: an online cruise booking platform that facilitates the cruise booking reservation process for all of the cruise lines we support; and the CruiseWire website or software applications provided by CruiseWire.com and CruiseWire LLC.
You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, smartphone, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the website, including any of the website’s features, at any time with or without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. Any new features that augment or enhance the then current services on this website shall also be subject to these Terms of Service. We also reserve the right, in our sole discretion, to correct any errors or inaccuracies on the website, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
SERVICE USAGE TERMS
In order to access features available on our website, you may be required to create an account (hereinafter “Account”) and select a username and password associated with your Account. You promise to provide us with accurate, complete, and updated registration information about yourself when creating an Account. When selecting a username, you may not select a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms of Service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Service on that organization or entity’s behalf and bind them to these Terms of Service (in which case, the references to “you” and “your” in these Terms of Service, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal or business use and only in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you are not authorized to use the Services. We cannot and will not be responsible for your use of the Services in a way that breaks the law.
You are solely responsible for protecting the security of your Account and your username and password. You are responsible for any activity associated with your Account.
You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with CruiseWire's ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages CruiseWire's or other customers' property. If CruiseWire finds that you are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, CruiseWire may in its sole discretion terminate your Account and charge you any applicable fees for the Services used plus damages caused by your improper use of its Services. Prohibited uses include, but are not limited to: (1) behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another's privacy; (2) the use of automated systems or software to extract data from CruiseWire.com for commercial or personal purposes; (3) harvesting or otherwise collecting information about others, including email addresses, without their consent; (4) negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous; (5) using any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface; (6) direclty or indirectly using the Services for purposes of product benchmarking or other comparative analysis intended for publication without CruiseWire’s prior written consent; (7) using the Services to develop or enhance any software, software code, or any derivative works of any software without CruiseWire’s prior written consent; (8) violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services; (9) utilizing the Services in excess of what, in CruiseWire's sole discretion, would be expected of normal business use, including without limitation of what would be expected of a single user; and (10) using the Services in any way that interferes with other customers' and third parties' use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
You further understand and agree that your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising). In addition, unusually high usage of the Services may impair CruiseWire's ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case, CruiseWire may suspend or terminate your Account.
PRICING AND AVAILABILITY
Pricing and stateroom availability displayed on the CruiseWire website is subject to real time availability at the time of booking. The exact price and stateroom number are not fully confirmed until after a payment has been successfully charged to the Customer and the third party cruise line company has confirmed receipt of the funds.
Each cruise line company reserves the right to change the taxes, fees and fuel surcharges charged to the Customer, even after the original payment has been submitted. Any additional charges are at the sole discretion of each cruise line company and the cruise line companies may bill these charges to your onboard account during your trip, rather than billing the customer prior to travel. If the cruise line company changes any part of the fee structure for your cruise reservation, the Customer is solely responsible for paying for such charges.
CruiseWire does not charge any booking fees or cancellation fees directly. Any taxes, fees or fuel surcharges are billed directly by the cruise line companies.
All pricing and transactions processed through CruiseWire are in US Dollars.
If the customer lives outside of the United States, you may be subject to foreign transaction fees or international exchange rate fees charged by your banking institution. The customer is solely responsible for any such charges imposed by your banking institution that result from your use of this website.
CRUISE RESERVATIONS & ACCOMMODATIONS
Cruise line accommodations are commonly referred to as a “stateroom” or “cabin” throughout our website. You, the Customer, are solely responsible for researching any cruise line accommodations purchased through CruiseWire.
Cruise line pricing, cruise itineraries, stateroom and cabin photos, and descriptions of stateroom and cabin features are subject to change at the sole discretion of the cruise line company and CruiseWire. Stateroom and cabin photos are supplied by the cruise line company, are for example purposes only, and are subject to change at the discretion of the cruise line company. Stateroom and cabin descriptions are not guaranteed to be an accurate representation of the stateroom. Actual stateroom or cabin square footage, furniture, fixtures, bedding, configurations, views, features and window/balcony sizes may vary based on the exact stateroom or cabin number selected. Cruise itineraries are also supplied by the cruise line company and are subject to change at the discretion of the cruise line company. The customer is solely responsible for verifying these details directly with the cruise line company. All prices, stateroom and cabin availability, and bonus and promotional offers are subject to real time availability at the time of booking.
Customers should refer to the deck plans for each cruise ship to confirm their satisfaction with the exact stateroom or cabin location prior to making a reservation with CruiseWire.
Some cruise lines offer handicap accessible staterooms and cabins that are specifically designed and reserved for guests with disabilities. If you reserve a handicap accessible stateroom or cabin, some cruise lines may require that the customer submit documentation to verify their disability and need for a handicap accessible room. If the customer is unable to provide the required documentation as requested by the cruise line, the customer may be moved at any time to a different non-accessible stateroom in order to accommodate a customer with a verified disability, at the sole discretion of the cruise line.
All staterooms and cabins have a maximum passenger limit and are only able to accommodate a specific number of guests. The maximum passenger limit will be displayed during the checkout process on the stateroom and cabin selection page. After a cruise reservation has been submitted and processed, it may not be possible to add additional guests to the same reservation, even if adding a new passenger does not exceed the maximum passenger limit for the stateroom or cabin you selected. Adding or removing passengers on a cruise reservation that has already been processed will always be at the sole discretion of the cruise line company, in accordance with their respective terms of service and change fee policies. Please note that accommodations of the same category do not always allow for the same total number of passengers.
Most cruise lines allow for reservations to be booked under the “Guarantee” stateroom or cabin category. On the stateroom or cabin category selection page, you might see the word “GUAR” instead of the actual room number, depending on the current availability of that category of room. Guarantee staterooms or cabins are great for people that want value and are less concerned about the exact location of their accommodation. When you select a guarantee fare, you are guaranteed to receive a stateroom or cabin in the category you have booked at minimum, but you have no control over the exact location or view of the accomodation. For example, if you book a balcony guarantee stateroom, your stateroom will have a balcony, but you will not know the exact stateroom number until after you book the cruise. In some instances, cruise lines may give you an upgraded room at no additional cost. If you need to book two or more rooms that are directly next to each other or if you prefer to have a stateroom or cabin on a specific deck, this would not be a good option because the cruise line makes the final decision on your exact room number and location, at their sole discretion. Customers that prefer to know the exact location of their stateroom before they book the reservation should NOT book a “guarantee” rate accommodation.
PROMOTIONS AND BONUS OFFERS
Most cruise lines offer special promotions and bonus offers that will vary based on the exact sailing date, ship and room. All available bonus offers and promotional offers will be presented to you on the final checkout page in accordance with your room selection. These promotional offers are only valid for reservations that result in completed travel. If you cancel your reservation, you will no longer be eligible for any promotional offers that were presented to you at the time of booking.
All promotions and bonus offers are subject to change, at the sole discretion of the cruise line companies, in accordance with their respective terms of service.
CASH BACK REWARDS
CruiseWire offers five-percent (5%) cashback rewards on all cruise reservations. To qualify for the five-percent (5%) cashback rewards payment, you must be logged into your Account at the time of booking. The five-percent (5%) cashback rewards payment applies to all cruise reservations and all cruise lines, but only if you login to your Account at the time of completing the online reservation booking process. Customers can create an Account free of charge and this Account is used to track and process your cashback rewards payments.
The five-percent (5%) cashback rewards calculation is based on the total billable cruise fare, excluding taxes and fees.
All cashback rewards payments are paid via PayPal only. If you do not have a PayPal account, you will not be eligible for cashback rewards payments. Our support team will contact you via email to confirm that we have the correct PayPal email address on file for you before the cashback rewards payment is paid out. If you are unable to provide us with a valid PayPal email address, you agree and understand that you will not be eligible for the cashback rewards payments.
The five-percent (5%) cashback rewards offer is only valid for reservations that result in completed travel. If you cancel your reservation, you will no longer be eligible for any cashback rewards payments.
CRUISE LINE VENDOR TERMS
The term “cruise line company” or “cruise line companies” or “cruise line” refers to the third party vendors that actually provide the cruise travel services. All Customers are solely responsible for reviewing and agreeing to the terms of service and/or terms and conditions for the respective cruise line that their travel reservation is being provided by. For example, if you book a cruise on Holland America Line, you are solely responsible for reviewing the terms of service and/or terms and conditions of Holland America Line, including their cancellation and boarding policies. The terms of service and/or terms and conditions for the eleven (11) cruise lines that CruiseWire supports can be found on their respective company websites. All cruise lines reserve the right to change travel itineraries at their sole discretion. CruiseWire will not be liable for any changes in travel itineraries as we have no control over this.
Many cruise lines have age restrictions, service animal restrictions, travel identification document restrictions and traveling while pregnant restrictions. Please review the full terms and conditions and/or terms of service for each cruise line to ensure that you are in agreement before booking a reservation through CruiseWire.
You are solely responsible for determining what type of travel identification is required to board your cruise, including but not limited to a valid passport, driver’s license or other proof of citizenship. CruiseWire will not be responsible for any customer being denied boarding due to lack of required travel identification, nor will a refund be issued to the Customer as a result of missing travel identification. Please contact the respective cruise line directly if you have specific questions about the required travel identification needed to board each cruise ship. It is your sole responsibility to make sure that you are in full compliance with the cruise lines’ respective boarding policies.
Please note, most cruise lines require either a credit card on file or a cash deposit to check-in to your room. Similar to the check-in process with land-based hotels, cruise lines typically require the Customer to submit a credit card on file or a cash deposit to cover expenses charged to your onboard ship account.
REVIEW AND CONFIRM ACCURACY FOR ALL TICKETS / DOCUMENTS
The customer is solely responsible for reviewing and confirming the accuracy of the information submitted on their cruise reservation. Cruise lines may charge an additional fee if you need to change any passenger information or other details submitted at the time of booking. CruiseWire will not be liable for such charges. The Customer agrees to be solely responsible for verifying the accuracy of the cruise reservation details. If there is an error with your reservation, please contact us within twenty-four (24) hours of submitting the reservation and we will attempt to work with the cruise line to resolve your issue.
Most cruise lines require each passenger to complete an online check-in process prior to your disembarkation date. The customer is solely responsible for registering with the respective cruise line, completing the online check-in process and printing any necessary boarding passes / luggage tags required to board the ship.
All cruise reservation details will be sent to the email address provided by the Customer at the time of completing the online booking process on our website. The customer is solely responsible for confirming receipt of the cruise reservation confirmation email. PLEASE NOTIFY US IMMEDIATELY IF YOU DID NOT RECEIVE A CRUISE RESERVATION CONFIRMATION EMAIL.
CANCELLATIONS AND CANCELLATION CHARGES
PLEASE NOTIFY US WITHIN 24 HOURS IF REQUIRE ANY CHANGES OR CORRECTIONS TO YOUR CRUISE RESERVATION. CruiseWire does not charge booking fees or cancellation fees. The customer is solely responsible for reviewing and agreeing to the Terms of Service for each cruise line, including the cruise line cancellation and refund policies. The customer agrees and understands that each cruise line has their own cancellation policy and cancelling or changing a cruise reservation in any way may result in the cruise line charging the customer a cancellation fee or change fee. CruiseWire will not be liable for any cancellation fees or change fees imposed by the cruise line because of a Customer’s request to change or cancel their cruise reservation.
CRUISE LINE VENDOR DIRECT PURCHASES AND UPGRADES
After a cruise reservation has been booked through CruiseWire, many cruise lines allow Customers to purchase optional upgrades, airfare, shore excursions and more. CruiseWire will not be liable for any errors or issues related to the purchase of these types of services. These purchases are considered to be separate transactions, conducted between the Customer and the third-party cruise lines directly.
CruiseWire does not offer or sell travel insurance. We recommend booking your cruise reservation with a credit card that already has cruise travel insurance built in or purchasing travel insurance from a respected insurance company. Any travel insurance must be purchased separately by contacting your preferred insurance company directly. CruiseWire will not be liable for any type of travel related incidents, accidents or losses that occur before, during or after your cruise, which is why we recommend purchasing travel insurance from a third party insurance company before your trip.
SELLER OF TRAVEL LICENSE
CruiseWire, LLC is registered with the state of Florida as a Seller of Travel.
CruiseWire, LLC Florida Seller of Travel Registration #ST39662.
TRAVEL AGENCY DISCLAIMER
CruiseWire is a travel agency. CruiseWire acts as an intermediary and agent facilitating cruise reservations for eleven (11) cruise lines. CruiseWire does not provide or control the services offered or included with any cruise reservations booked through us.
You acknowledge and agree that CruiseWire shall not be responsible for any intentional, unintentional, or careless acts or omissions that cause any injuries, damages or losses to you. You also acknowledge and agree that CruiseWire shall not be responsible for any intentional, unintentional, or careless acts or omissions of any of the cruise line companies, which result in any losses, damages or injuries to you or anyone traveling with you.
CruiseWire makes no guarantees about any of the cruise line companies’ pricing, itineraries, stateroom and cabin photos, or the descriptions of stateroom and cabin features. Similarly, CruiseWire makes no guarantees about any cruise reservations made through us. You acknowledge and agree that CruiseWire cannot and will not be responsible if the cruise line company overbooks or cancels a cruise. You further acknowledge and agree that CruiseWire will not be responsible for any direct purchases or upgrades that Customer makes through our website.
By embarking on travel, the Customer assumes all expected and unexpected risks associated with such travel.
Customer acknowledges and agrees that he or she has been advised of the necessity of purchasing travel insurance. Customer solely is responsible for the duty to convey this information to all travel companions. By utilizing or purchasing our Services, Customer indicates his or her understanding of this Travel Agency Disclaimer.
INTELLECTUAL PROPERTY PROHIBITED USE
Everything that you read and see on our website is copyrighted, licensed by or otherwise protected and owned by CruiseWire. Cruise line company logos and marketing photographs are owned by the cruise line company, which have licensed the use of their logo or marketing photographs to CruiseWire. Nothing on our website may be printed, copied, reproduced, distributed, licensed, transferred, sold, transmitted, uploaded, downloaded, stored, or displayed by you except as provided in these Terms of Service. However, Customer is granted permission by CruiseWire to print or download individual pages from the Site for your own personal, noncommercial use in learning about, evaluating, or purchasing CruiseWire’s Services. However, you may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or part, found on CruiseWire’s website. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display; remove any copyright, or other proprietary notations from the materials; transfer the materials to another person or “mirror” the materials on any other server. The permissions granted hereunder shall automatically terminate if you violate any of these restrictions, and may be terminated by CruiseWire at any time. We do not grant you any license, express or implied, to the intellectual property of CruiseWire or our licensors. The materials contained on this Site (including, but not limited to, all HTML code) are protected by applicable copyright and trademark law. We make no warranties or representations to you that your use of any materials displayed on our Site will not infringe the rights of third parties.
It is our policy to respond to any claim that content posted on our Site infringes on the copyright or other intellectual property rights ("Infringement") of any other person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit a complaint via email to Support@CruiseWire.com, with the subject line: “Copyright” and include in your claim a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on this Site on your copyright.
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
CruiseWire reserves the right to take any action with respect to the Service that CruiseWire deems necessary or appropriate in its sole discretion, if CruiseWire believes you or your information may create liability for CruiseWire, compromise or disrupt the Service for you or other customers, or cause CruiseWire to lose (in whole or in part) the services of the CruiseWire’s ISPs or other suppliers. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising).
CruiseWire is free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our sole discretion, including your breach of these Terms of Service. CruiseWire has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service.
Account termination may result in destruction of any content associated with your Account, including any cruise records being stored on your CruiseWire Account. If you cancel your CruiseWire Account, your stored cruise records will be deleted.
If you have cancelled your CruiseWire Account by mistake, contact us immediately at Support@CruiseWire.com. We will try to help, but unfortunately, we can’t guarantee that we can recover or restore anything.
CruiseWire reserves the right to suspend or terminate your Account and associated Service without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to CruiseWire when CruiseWire believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to CruiseWire.
If, for any reason, CruiseWire believes that You are using the Service for a prohibited purpose and/or Your usage violates the Terms of Service Policy, then CruiseWire may, in its sole discretion with or without notice, terminate Your service.
NO RESALE OF THE SERVICE
You are prohibited from selling, reselling, renting or leasing the Services offered by or purchased through CruiseWire.
The Account owner shall be the individual person or legal entity identified at the time the Account is created. CruiseWire shall not adjudicate any ownership-related disputes of about any Account. If CruiseWire is unable to determine the lawful owner of the Account, CruiseWire reserves the right to suspend or terminate the Account and any Services purchased or obtained through the Account.
To the fullest extent allowed by applicable law, You agree to indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages (actual and consequential), losses and expenses (including attorneys’ fees), and liability caused by your use of the Services and Service Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Services or Service Content.
You may not assign, delegate or transfer these Terms of Service or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without CruiseWire’s prior written consent. We may transfer, assign, or delegate these Terms of Service and our rights and obligations without your consent.
CruiseWire does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from CruiseWire or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Any rights not expressly granted herein are reserved by us.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT.
Enforcement of these Terms of Service. Our failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. These Terms of Service constitutes the whole legal agreement between the parties in connection with your use of the Site and Services, and governs such use. These Terms of Service completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Site and Services. Except as expressly provided in these Terms of Service, any modification of or changes to these Terms of Service must be in a writing duly authorized by an authorized representative of CruiseWire.
Survival. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, use policies and restrictions, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. CruiseWire shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond CruiseWire’s reasonable control.
Dispute Resolution and Arbitration. Any controversy, dispute, claim or disagreement between you and CruiseWire arising out of or in connection with the Services or these Terms of Service (“Dispute”), or the breach, termination or validity hereof, shall be settled by final and binding arbitration to be conducted by the American Arbitration Association pursuant to the Commercial Arbitration Rules and Mediation Procedures. The arbitrator shall be selected by the American Arbitration Association. The decision or award of the arbitrator shall be final, and the judgment upon such decision or award may be entered in any competent court of law exercising jurisdiction over the parties hereto. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Services will be in Miami-Dade County, Florida. In the event of any procedural matter not covered by the aforesaid rules, the procedural law of the State of Florida shall govern. The expense of arbitration shall be shared equally by the parties. However, you agree to first use all reasonable efforts to settle the Dispute through an authorized member of CruiseWire’s legal department (or other representative of CruiseWire designated by the legal department) before initiating arbitration. You shall consult and negotiate with each other in good faith in attempt to reach a just and equitable resolution satisfactory to both parties.
If you have any questions, comments, or concerns regarding these Terms of Service, you may contact us at Support@CruiseWire.com.