For purposes of this Agreement, "CruiseMuse.com" means CruiseMuse.com, Inc.; and a "Travel Agent/Agency" is any person or entity who acts as an agent of a supplier of, sells or offers for sale any travel, transportation, vacation arrangements, or any services related to the foregoing.
CruiseMuse.com owns and operates this web site. CruiseMuse.com is not a travel agent/agency nor owned by a travel agent/agency. CruiseMuse.com does not endorse or recommend the product or services of any particular travel agent/agency. Your interactions with travel agent/agency or persons or entities arising out of any dealings from a travel agent/agency, this web site or services, including engagement of services, payment and delivery of services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and any such travel agent/agency or other parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any travel agent/agency or any other related party.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this web site are: Copyright © 2008 CruiseMuse.com, Inc., and all rights are reserved. All material on this web site, including text, photographs, graphics, code and/or software are protected by International Copyright and Trademark laws. Unauthorized use is not permitted. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on this web site without written permission from the owners. The CruiseMuse.com name and logo are a service mark of CruiseMuse.com, Inc. Other product and company names mentioned herein, including the names or logos of participating agents/agencies and travel suppliers, may be the trademarks or servicemarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
CruiseMuse.com intends that the information contained in its web site to be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by CruiseMuse.com at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." CruiseMuse.com AND/OR ITS SUPPLIERS, PARTICIPATING AGENTS/AGENCIES AND TRAVEL SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR CruiseMuse.com'S SERVICES IS AT YOUR OWN RISK. IF THERE IS A DISPUTE BETWEEN YOU AND ANY TRAVEL AGENT/AGENCY OR OTHER PARTY ARISING OUT OF OR RELATED TO THE USE OF THE WEB SITE, YOU UNDERSTAND AND AGREE THAT CruiseMuse.com IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE SUCH A DISPUTE, YOU HEREBY RELEASE CruiseMuse.com, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. CruiseMuse.com AND/OR ITS SUPPLIERS, PARTICIPATING AGENTS/AGENCIES AND TRAVEL SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR CruiseMuse.com'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CruiseMuse.com AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU HOWEVER, LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, SHALL EVER EXCEED $25. CruiseMuse.com has the right to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice: restrict, suspend, or terminate your access to all or any part of the web site or services; change, suspend, or discontinue all or any part of the web site or services; refuse, move, or remove any material that you submit to the web site or services for any reason; refuse, move, or remove any content that is available on the web site or services; de-activate or delete your account(s) and all related information and files in your account; establish general practices and limits concerning use of the web site or services.
You agree that CruiseMuse.com will not be liable to you or any third party for taking any of the above actions.
As a condition of use of this web site and the services therein, you agree to indemnify CruiseMuse.com and its suppliers, participating agents/agencies and travel suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
LINKS TO THIRD PARTIES
This web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. CruiseMuse.com does not operate or control in any respect any information, software, or services available on such web sites. CruiseMuse.com's display of a link to any other web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS
CruiseMuse.com is not responsible for any errors or delays in responding to a quote request due to any incorrect contact information including e-mail address provided by you, spam blocker or filters, or other any technical problems beyond our reasonable control.
Any claim or controversy arising out of or relating to the use of this web site, to services provided by CruiseMuse.com or to any acts or omissions for which you may contend CruiseMuse.com is liable, including but not limited to any claim or controversy as to arbitrability, shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association in force at that time. The arbitration shall be venued in Marion County, Indiana. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to CruiseMuse.com. In any arbitration situation, the costs of arbitration shall be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND CruiseMuse.com WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the CruiseMuse.com web site and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and CruiseMuse.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts in the State of Indiana. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party shall be entitled to recover reasonable court costs and attorneys' fees.
UNLAWFULL AND PROHIBITED USE
As a condition of your use of the web site and services, you agree that you will not use the web site or services for any purpose that is unlawful or that is prohibited by these terms. You may not use the web site or services in any manner that could damage, disable, overburden, or impair the web site or services (or the network(s) connected to the web site or services) or interfere with any other party's use and enjoyment of the web site or services. You may not attempt to gain unauthorized access to the web site or services, other accounts, computer systems or networks connected to the web site or services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the web site or services.
If you register with CruiseMuse.com, CruiseMuse.com will provide you with an individual password selected by you, which will allow CruiseMuse.com to establish a user account and process your request(s). You are responsible for keeping your password confidential and you are fully responsible for all activities that occur with the use of your password or account. You agree that you will not share your password with anyone else and if you discover any unauthorized use you will immediately inform CruiseMuse.com of such.
This Agreement constitutes the entire agreement between you and CruiseMuse.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and CruiseMuse.com with respect to this web site and information, software, and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Indiana. 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 the remainder of the Agreement shall continue in effect. 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. All rights not expressly granted herein are reserved.