Terms of Service
Acceptance of Terms
Your access to and use of this website (the “Website”) and all Services (as defined in Section 2) is subject exclusively to these Terms of Service. This is a legally binding agreement between you and the Company; please read it carefully. Accessing the Website or the Services in any manner constitutes 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.
We reserve the right to update or amend these Terms of Service at any time and will revise the effective date when we do so. Your continued use of the Website or the Services after the posted effective dates constitutes your agreement to be bound by these Terms of Service as modified.
The Services
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 or a contract of carriage (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.
Consent to Contact
Please read the following carefully. By filling out our contact form or providing contact information as part of a travel related booking, you give us express written consent to contact you by phone, 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. Standard telephone minute and text charges may apply. 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 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”.
Privacy Policy
Our privacy policy is located in the footer of the Website, and is incorporated herein by reference.
Acceptable Use
For purposes of these Terms of Use, “Content” means information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with the Services.
With regard to the use of the Services, you represent and warrant that (i) you are the true owner of or have sufficient rights to upload the Content; (ii) the Content does not violate any intellectual property rights, privacy rights, or other proprietary rights of any other person, business, or entity; and (iii) the transmission of the Content does not violate any laws or breach any licenses or other agreements.
In using the Services, you agree not to upload, send, post, or otherwise transmit any Content that contains viruses, unlawful material, harassing or threatening material, or constitutes unsolicited commercial bulk email (spam).
You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our network, servers, computers, software, or data.
Termination
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.
Third Party Services
The Services may include services provided to Company by third party providers, 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.
The Services may also include links to third party websites that are controlled and maintained by others. Company is not responsible for the content or availability of any such sites.
Intellectual Property Rights
You acknowledge and agree that the Services, the Website and Content contained therein are protected by copyright, trademarks, patents and other intellectual property rights and laws. 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 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.
Notice and Procedure for Copyright Claims
A.S.A.P. Cruises Inc. hosts websites for travel agents and agencies. If you believe work in which you hold an intellectual property right is infringed, please contact: Laurence Gore, Laurence D. Gore & Associates PA, 101 NE 3rd Avenue Unit 1500, Ft. Lauderdale, FL 33301. Phone: 954-551-7187. Email: goreinternationallaw@gmail.com
Indemnity
You agree to indemnify, defend and hold Company and its shareholders, members, officers, managers, employees, agents, independent contractors, attorneys, suppliers, vendors or representatives harmless from and against any and all claims and damages arising directly or indirectly from any breach by you of these Terms of Service.
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.
NOTWITHSTANDING ANY PROVISION OF THESE 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.
Governing Law
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 be declared invalid or illegal, such invalidity or illegality shall not affect the validity of any remaining portion.
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 shall be in Duval County, Florida, and that the federal court jurisdiction shall be in the Middle District of Florida in Duval County, Florida.
Effective Date: April 8, 2019
