Legal
Your use of this Web site constitutes your agreement to the following terms
and conditions. If you do not agree with any part of the following terms
and conditions, you may not use this site.
Ownership
This site is the copyrighted property of AffinityTrip and/or its various
third-party providers and distributors. All information, including, without
limitation, text, graphics, software and all HTML, CGI and other codes and
scripts in any format used to implement the Web Site (collectively, the
"Content") found on this site is property of AffinityTrip and/or its third-party
providers and distributors and may not be reproduced, republished, distributed,
sold, transferred, or modified without the express written permission of
AffinityTrip and/or its third-party providers and distributors. The trademarks,
logos and service marks displayed on this site (collectively, the "Trademarks")
are registered and common law Trademarks of AffinityTrip, its affiliates,
and various third parties. Nothing contained in the Terms and Conditions
shall be deemed to give you any rights in or to any Trademarks or Content
of AffinityTrip.
Use of Site
The services of AffinityTrip are available only to individuals who can form
legally binding contracts under applicable law, and thus, are not available
to minors. By using this site, you represent that you are of sufficient legal
age to use this site and to create binding legal obligations for any liability
you may incur as a result of the use of this site.
You may use AffinityTrip to make legitimate purchases, but you cannot use
the AffinityTrip to make any speculative, false or fraudulent reservation,
any purchase in anticipation of demand, or for any purpose that is deemed
unlawful or prohibited by these Terms and Conditions.
AffinityTrip may, in its sole discretion, terminate or restrict your access
to the Web site, in whole or in part, at any time without notice and without
liability to AffinityTrip.
Debit Cards - If you are using a debit card you must notify AffinityTrip
of your daily charge limit at least 24 hours prior to payment.
Credit Card Declines - In the event that your credit card is declined,
AffinityTrip will attempt payment up to two times and will attempt to contact
you. If we are unable to obtain authorization, your cruise will be subject
to cancellation and standard penalties will apply.
Privacy
You have read the AffinityTrip Privacy Policy and agree that the terms of
such policy are reasonable. You consent to the use of your personal information
by AffinityTrip and/or its third-party providers and distributors in accordance
with the terms of and for the purposes set forth in the AffinityTrip Privacy
Policy.
Exclusion of Warranty
THE ACCURACY AND RELIABILITY OF THE CONTENT ON THE WEB SITE IS NOT GUARANTEED.
THE CONTENT FROM OR THROUGH THE WEB SITE IS PROVIDED "AS IS" AND ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED ARE DISCLAIMED INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
AffinityTrip.COM EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTIES
OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM THE COURSE
OF DEALING BETWEEN THE PARTIES OR FROM ANY USAGE OF TRADE. SOME STATES DO
NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
AffinityTrip.COM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR,
ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR
YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM
THE SITE. IN NO EVENT SHALL AffinityTrip.COM OR ANY THIRD-PARTY PROVIDERS
AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT
OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR CONTENT FOUND
HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF
OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING)
OR (C) THE PERFORMANCE OR NON PERFORMANCE BY AffinityTrip.COM OR ANY THIRD-PARTY
PROVIDERS AND DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
IF, NOTWITHSTANDING THE FOREGOING, AffinityTrip.COM OR ANY THIRD-PARTY PROVIDERS
OR DISTRIBUTORDS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES
OUT OF, OR IS IN ANY WAY CONNECTED WITH, ANY OF THE ABOVE-DESCRIBED FUNCTIONS
OR USES OF THIS SITE OR ITS CONTENT, THE LIABILITY OF THE COMPANY, INCLUDING
ANY ONE OR MORE OF ITS THIRD-PARTY PROVIDERS AND DISTRIBUTORS, SHALL IN NO
EVENT EXCEED $100.00.
Indemnification
You agree to defend, indemnify and hold harmless AffinityTrip and any
third-party providers and distributors and their officers, directors, employees
and agents from and against any claim, cause of action or demand, including
without limitation reasonable legal and accounting fees, brought by or on
your behalf in excess of the liability described herein or by third parties
as a result of your use of this site.
Governing Law
The laws of the State of New Jersey, United States of America, shall govern
this Agreement and its performance. You consent and submit to the exclusive
jurisdiction of the state and federal courts located in Bergen County, State
of New Jersey, United States of America, in all questions and controversies
arising out of or related to your use of the site and this Agreement.
Links to Other Sites
This site may contain links to other Web sites. These links are provided
solely as a convenience to you and are not endorsed by AffinityTrip and/or
its third-party providers or distributors. AffinityTrip and/or its third-party
providers or distributors shall not be responsible for the content of any
other Web sites and make no representation or warranty regarding any other
Web sites or the contents or materials on such Web sites. If you decide to
access other Web sites, you do so at your own risk.
Severability
These Terms and Conditions shall be deemed severable. In the event that any
provision is determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable law,
and such determination shall not affect the validity and enforceability of
any other remaining provisions.
Modification of These Terms and Conditions
AffinityTrip reserves the right to change the terms, conditions, and notices
under which this Web site is offered.
Entire Agreement
These Terms and Conditions constitute the entire Agreement between you and
AffinityTrip relating to your use of the site, at any time and in any way,
and supersede any prior understandings or agreements between you and
AffinityTrip relating to such use, whether electronic, oral, or written.
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