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Terms of Use

Introduction...

Thank you for visiting the SmartCruiser.com Web site titled "www.smartcruiser.com" (the "Site"). SmartCruiser.com is operated by Palm Coast Travel. In return for gaining access to the Site and using it, you agree to be bound by the following Terms without limitation or qualification, so please carefully review these Terms, which include our Privacy Policy, before proceeding. If you do not intend to be legally bound by these Terms do not access and use the Site. The titles provided in these Terms are provided only for your convenience and are not to be used in interpreting the Terms.

General Terms and Conditions of Use (the "Terms")

Definitions

In this document, terms that commence with a capital letter are defined in this Section or in the introduction.

"Site" means this website and any respective subsites, together with the respective Content, Marks, Products and Services available from this Site and any subsites.

"We" or "Us" means Palm Coast Travel and affiliates and subsidiaries .

"Provider" means licensors, suppliers, information providers, travel and leisure providers including, but not limited to cruise lines, hotels, airlines, ground transportation operators and travel insurance suppliers.

"Content" means designs, text, photographs, data, articles, images, information, documents, information, applications, graphics, software, audio and video recordings, sounds, features, and other materials that are available on the Site. "Content" also includes Products and Services and Marks.

"Mark" means logo, trademark, service mark, trade name or dress, custom graphics, or icon.

"Member" means an individual who has registered with the Site. Members choose a Member ID and a password.

"Member ID" means the e-mail address you use (with your password) to login to our Site.

"Products and Services" means cruise transportation, airline travel, hotel accommodation, car rental, ground transportation, tours, travel insurance, and other items available through the Site.

Limitations on Use

We grant you a limited, personal, nontransferable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, We do not grant you any other rights or license with respect to this Site and any rights or license not expressly granted herein are reserved. Unless We have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to any third party. You must be at least 18 years of age to use this Site.

You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way and must reproduce the SmartCruiser.com copyright notice (or the Provider's notice as applicable) in the form: ©2010 SmartCruiser.com as displayed on the relevant page(s) that you might copy. Except as provided above, you may not copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever. You may not modify or translate into any language or computer language, or create derivative works from, any Content or any part of this Site, or use a frame or border environment around the Site, or any other framing technique to enclose an aspect or portion of the Site, or mirror or replicate any portion of the Site. You may not sell, offer to sell, transfer, or license any portion of the Site in any form to any third parties. You may not reverse engineer any part of this Site.

Unless otherwise provided within these Terms, or unless specific applicable law requires Us to allow you to do so, you may not use any robot, spider, other automatic device, or manual process to monitor Content or use the Site other than to make legitimate reservations or bookings. You may not use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand or imply in any fashion that We are endorsing your products or services. You may not place false or misleading information on the Site or post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms. You may not use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Us, other Site users or members or upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party or use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that imposes an unreasonable load on our equipment or disguise the origin of the information transmitted through the Site.

Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply Us with such information.

We, at any time and in our sole discretion, without advance notice or liability, may terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. We shall not be responsible to you for such termination or suspension..

We may change , delete, supplement, update, discontinue, suspend or modify any aspect of the Site including these Terms at any time, and without prior notice to you. However, We make no commitment to update the information contained on this Site. You agree that We shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also, at any time, impose or change fees for certain services or change or establish general practices and limits concerning certain services.

Intellectual Property Rights

This Site is the sole and exclusive property of Palm Coast Travel and/ or its licensors. Palm Coast Travel and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.

You acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of Palm Coast Travel, its affiliates and/or various third party Providers. Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

"SmartCruiser" and "Stop Surfing. Go Cruising." are registered or common law trademarks or service marks of SmartCruiser.com, LLC, an affiliate Palm Coast Travel. All other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of our Providers. None of these Marks may be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Us or the relevant Provider, except as an integral party of any authorized copy of the Content.

The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site.

All comments, feedback, suggestions and ideas disclosed, submitted or offered to Us in connection with your use of this Site, shall be and remain the exclusive property of Us and may be used by Us in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. We are not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the purchase of any product, (ii) that a User will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or nonperformance in connection with or as a consequence of the passage of time to and beyond the year 2000. You expressly agree that the use of this Site is at your sole risk.

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. We do not guarantee or warrant the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.

Limitation of Liability

IN NO EVENT WILL PALM COAST TRAVEL, ITS AFFILIATES, OR OUR PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF WE AND OUR PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to rates, contracts of carriage, state and federal government regulations, and international conventions. Providers who furnish products and services through this Site are independent contractors, and not agents or employees of Palm Coast Travel or its affiliates. You agree not to hold Us responsible for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, acts of God, weather or causes beyond the Provider's control. You agree not to hold Us responsible for any additional expense, omission, delay, re-routing or acts of any governmental authority. You agree not to hold Us responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor will you hold Us responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. You agree that you will not hold Us responsible for any Provider's failure to comply with these Terms, nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables. Subject to applicable law, you agree that the use of this Site and its Content is at your sole risk.

If, despite the limitation above, We or any Provider are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then the liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above might not apply to you.

You agree to defend and indemnify Us and any Provider, and each of its respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Us as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.

Disputes

This Site is operated by Palm Coast Travel from its offices within Palm Beach County, State of Florida, United States of America. Palm Coast Travel makes no representation that materials in the Site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree and understand that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Palm Beach County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree and understand that any action arising out of or relating to these terms shall be commenced within one year of the date of the alleged breach, without regard to the date the alleged breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. You agree and understand that you will not bring against Palm Coast Travel or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.

Travel Services Terms and Conditions

You agree to abide by the terms and conditions imposed by any travel provider or supplier with whom you elect to deal. The terms and conditions or contract in use by the particular travel provider or supplier shall be between you and the provider or supplier.

Terms and Conditions that Specifically Apply to Cruise Services

Coupons, Vouchers or Certificates

Generally, our rates and bonus offers are not combinable with any other promotions, coupons, vouchers or certificates. However, contact one our professional cruise consultants to determine applicability for your particular coupon, voucher or certificate.

Booking Transfer

Once Palm Coast Travel has provided a confirmation and any payment has been applied to a confirmed booking, customer agrees that such booking will not be transferred and/or released out of its control to any other entity including the cruise vendor. If the customer chooses to transfer or release such booking to any other entity, they agree to pay Palm Coast Travel any lost commissions and income resulting from such transfer of release.

Credit Card Disputes and/or Chargebacks

If a credit card chargeback occurs due to a dispute of any of the above fees by the customer, Palm Coast Travel reserves the right to cancel the cruise booking or remove any discounts or bonus offers that have been applied to the booking. Furthermore, customer agrees to reimburse Palm Coast Travel for any bank fees incurred due to the dispute.

Itineraries & Other Cruise Line Content

You agree that Palm Coast Travel is not responsible for any inaccuracies relating to cruise itineraries, stateroom images or other cruise line content on this site. Cruise lines reserve the right to cancel or change itineraries at any time and you agree to hold us harmless resulting from any changes or modifications to cruise itineraries.

Change and/or Cancellation Fees

You understand that cruise lines impose fees up to 100% on changes and/or cancellations pursuant to their guidelines. You understand that these fees are imposed directly by the cruise supplier and it is your sole responsibility to verify the specific cruise line policy prior to booking with Us.

In addition to cruise line and travel supplier cancellation penalties, Palm Coast Travel will charge a fee of $25 per person for changes and cancellations. Name changes are subject to the current cruise line policy and penalty.

Travel Insurance

Palm Coast Travel is licensed by the Florida Department of Financial Services to sell travel insurance under license #P229448. Currently, over 25 of our sales and customer service agents are also licensed individually to sell travel insurance by the Florida Department of Financial Serivces.

Updated September 18, 2012