TERMS AND CONDITIONS OF USE
AGREEMENT BETWEEN CUSTOMER AND WESTCORP/MERMAID CRUISE LINES
This web site is offered to you, the customer, conditioned on your acceptance without
modification of the terms, conditions, and
notices contained herein. Your use of this web site constitutes your agreement to all such terms, conditions, and notices.
notices contained herein. Your use of this web site constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This web site is for your personal and noncommercial use. The content and information on this
web site (including, without limitation, price and availability of travel services), as well
as the infrastructure used to provide such content and information, is proprietary to WestCorp
& Mermaid Cruise Lines or its suppliers and providers. Accordingly, as a condition of using
this web site, you agree not to use this web site or its contents or information for any
commercial or non-personal purpose (direct or indirect). While you may make limited copies of
your travel itinerary (and related documents) for travel or services purchased through this web
site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or re-sell any information, software,
products, or services obtained from this web site. In addition, whether or not you have a
commercial purpose, you agree not to:
- access, monitor or copy any content or information of this web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of WestCorp & Mermaid Cruise Lines;
- violate the restrictions in any robot exclusion headers on this web site or bypass or circumvent other measures employed to prevent or limit access to this web site;
- take any action that imposes, or may impose, in the discretion of WestCorp & Mermaid Cruise Lines, an unreasonable or disproportionately large load on the WestCorp & Mermaid Cruise Lines infrastructure; or
- deep-link to any portion of this web site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of WestCorp & Mermaid Cruise Lines.
RIGHT AND TRADEMARK NOTICES
All contents of this web site are: 2007 WestCorp & Mermaid Crusie Lines, 4546 E. Ashlan
Ave., Suite #3202, Fresno, CA 93726 USA. All rights reserved. WestCorp & Mermaid Cruise
Lines and related logos are either registered trademarks or trademarks of WestCorp and/or
Mermaid Cruise Lines. Other product and company names mentioned herein may be the trademarks
of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE AN ENDORSEMENT, OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WESTCORP & MERMAID CRUISE LINES OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE CARRIERS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR WESTCORP & MERMAID CRUISE LINES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WESTCORP & MERMAID CRUISE LINES OR ITS AFFILIATES. WESTCORP & MERMAID CRUISE LINES AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WESTCORP & MERMAID CRUISE LINES AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE AN ENDORSEMENT, OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WESTCORP & MERMAID CRUISE LINES OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE CARRIERS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR WESTCORP & MERMAID CRUISE LINES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WESTCORP & MERMAID CRUISE LINES OR ITS AFFILIATES. WESTCORP & MERMAID CRUISE LINES AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WESTCORP & MERMAID CRUISE LINES AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WESTCORP & MERMAID CRUISE LINES, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify WestCorp & Mermaid Cruise Lines, its affiliates, parent
and subsidiary companies and/or their respective suppliers and any of their officers, directors,
shareholders, employees, representatives, independent contractors 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
- you or on your behalf in excess of the liability described above; or
- by third parties as a result of:
(a) your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant that you will not use this Web site for
any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to web sites operated by parties other than WestCorp &
Mermaid Cruise Lines. Such hyperlinks are provided for your reference only. WestCorp & Mermaid
Cruise Lines does not control such web sites and is not responsible for their contents or your
use of them. WestCorp & Mermaid Cruise Lines inclusion of hyperlinks to such web sites does
not imply any endorsement of the material on such web sites or any association with their
operators.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site ("Software") is the
copyrighted work of WestCorp & Mermaid Cruise Lines, its affiliates, and/or their suppliers.
Your use of the Software is governed by the terms of the end user license agreement, if any,
which accompanies, or is included with, the Software ("License Agreement"). You may not install
or use any Software that is accompanied by or includes a License Agreement unless you first
agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, WestCorp & Mermaid Cruise Lines hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this web site, is owned by WestCorp & Mermaid Cruise Lines, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
For any Software not accompanied by a License Agreement, WestCorp & Mermaid Cruise Lines hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this web site, is owned by WestCorp & Mermaid Cruise Lines, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
TERMS, CONDITIONS AND WARRANTIES
Tax Recovery Charge:
The tax charge on Special Rate hotel and car transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that is paid to the vendors (e.g. hotels, car suppliers, etc.) in connection with your travel arrangements.
WestCorp & Mermaid Cruise Lines is not the vendor collecting and remitting said tax to the applicable tax authorities. WestCorp & Mermaid Cruise Lines is not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by location. WestCorp & Mermaid Cruise Lines' actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer. Certain jurisdictions impose a hotel occupancy tax or other type of transaction tax upon the renting of a hotel room, an automobile, etc. The type of tax charged by the vendor will vary by service and location.
Service Fee:
These fees cover the costs incurred by WestCorp & Mermaid Cruise Lines in servicing your travel reservation.
Travel Destinations:
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. WestCorp & Mermaid Cruise Lines urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at:
www.state.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WESTCORP & MERMAID CRUISE LINES DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The tax charge on Special Rate hotel and car transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that is paid to the vendors (e.g. hotels, car suppliers, etc.) in connection with your travel arrangements.
WestCorp & Mermaid Cruise Lines is not the vendor collecting and remitting said tax to the applicable tax authorities. WestCorp & Mermaid Cruise Lines is not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by location. WestCorp & Mermaid Cruise Lines' actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer. Certain jurisdictions impose a hotel occupancy tax or other type of transaction tax upon the renting of a hotel room, an automobile, etc. The type of tax charged by the vendor will vary by service and location.
Service Fee:
These fees cover the costs incurred by WestCorp & Mermaid Cruise Lines in servicing your travel reservation.
Travel Destinations:
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. WestCorp & Mermaid Cruise Lines urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at:
www.state.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WESTCORP & MERMAID CRUISE LINES DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
MODIFICATION OF THESE TERMS AND CONDITIONS
WestCorp & Mermaid Cruise Lines reserves the right to change the terms, conditions, and
notices under which this web site is offered and you agree to accept and be bound by those
terms, conditions, and notices that are in effect at the time of your use of WestCorp &
Mermaid Cruise Lines' Website and facilities.
GENERAL
This agreement is governed by the laws of the State of California, USA. You hereby consent to
the exclusive jurisdiction and venue of courts in Fresno County, California, USA, in all
disputes arising out of or relating to the use of this web site. Use of this web site is
unauthorized in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WestCorp & Mermaid Cruise Lines as a result of this agreement or use of this web site.
WestCorp & Mermaid Cruise Lines performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WestCorp & Mermaid Cruise Lines right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by WestCorp & Mermaid Cruise Lines with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and WestCorp & Mermaid Cruise Lines with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and WestCorp & Mermaid Cruise Lines with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Website and related webpages were created as part of a web-design class project.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
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You agree that no joint venture, partnership, employment, or agency relationship exists between you and WestCorp & Mermaid Cruise Lines as a result of this agreement or use of this web site.
WestCorp & Mermaid Cruise Lines performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WestCorp & Mermaid Cruise Lines right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by WestCorp & Mermaid Cruise Lines with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and WestCorp & Mermaid Cruise Lines with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and WestCorp & Mermaid Cruise Lines with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Website and related webpages were created as part of a web-design class project.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
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