Site Usage Agreement
Welcome to the 02Cruise.com Website (the "Site"). By using or
linking to this
Site, or by making a reservation with us through the Site or through any other
communication method, you agree to abide by and to be legally bound by all of
the terms and conditions of this agreement (the "Agreement").
"We", "Us" and "Our" refer to GoDifferent LLC.
- We Own the Site Content. We and/or our third-party partners
exclusively own all content of the Site (the "Content"), which
includes, without limitation, all applications and programs and all text,
data, HTML code, links, audio, images, photographs, graphics, logos,
descriptions and other material provided on the Site. The Content is
copyrighted as reflected on each page of the site.
- Notice to State of California Residents..
Regrettably, the State of California has saddled travel agencies
(even relatively small, family-owned businsses such as ours) with an unnecessary, unproductive,
bureaucractic paperwork burden and annual expense that are both excessive.
Therefore we are unable to serve residents of the State of California.
We take practical measures to avoid soliciting business from,
or knowingly accepting travel bookings from,
residents of the State of California.
- Your Use of Site. We grant you a non-transferable, non-exclusive
license to use the Site only in accordance with this Agreement for your
personal, non-commercial use. You may use the Site only to make legitimate
reservations or purchases or to conduct related trip research and for no
other purposes, except as explicitly permitted elsewhere herein. You also
agree to be bound by any additional terms and conditions associated with a
reservation or purchase, which are incorporated herein by reference,
including but not limited to our booking Terms and Conditions and the terms
and conditions of the travel, service, or product provider. You may access
and use the Content only through our Site, and only as such Content is made
available and appears on our Site. You agree not to interfere with the
correct operation of the Site in any way. You are expressly prohibited from
framing or using the Content on your own Website or on any other Website,
except as explicitly provided for elsewhere herein.
Nothing contained in this Agreement or on the Site grants you any right, by
implication, estoppel, or otherwise, to download, data mine, post to another
Website, reproduce, modify, create derivative works, reverse engineer,
transmit, publish, sell or distribute by any means, method or process
whatsoever, now known or hereafter developed, any of the Content. Nothing
contained in this Agreement or on the Site shall be construed as conferring
any intellectual property or other proprietary rights.
- Your Age. You warrant that you are of sufficient legal age to enter
into binding obligations. This site is not available for the use of any
person under 18 years of age.
- Submissions to Us. You agree that any submissions, including but
not limited to comments, questions, ideas, plans, notes, drawings or any
original material, provided to us by you in any form, including but not
limited to e-mail, postal mail, or phone calls, are non-confidential, and
you hereby grant Us an unrestricted, irrevocable license to use any of these
submissions for any purpose in any medium now known or as may be hereafter
developed with or without acknowledgement or compensation to you. Although
we are not required to attribute you in connection with our use of such
submissions, you consent to such attribution if we choose to do so.
- Links To Our Site. We generally welcome links to our Site. You may
establish a link to the home page of our Site, provided that the link does
not state or imply that we sponsor or endorse any other Website or service,
or present Us in a false, misleading, defamatory or derogatory manner. With
this link, you may use only unaltered logos or other proprietary graphics or
trademarks provided by us for this purpose. This permission to link to our
Site does not permit you to use any of our Content, with the exception of
logos and graphics as stated herein, in any manner unless authorized
explicitly elsewhere hereunder.
- Linking Partners. At your request and at our sole discretion, we
may appoint you, in writing, a linking partner (hereinafter "Linking Partner").
Linking Partners are granted a non-exclusive, non-transferable license
(hereinafter "Linking License") to use certain specified HTML code,
images, and/or other information (hereinafter "Linking
Information") on their Web site for the sole purpose of linking to our
Web site provided that the link(s) do not state or imply that we sponsor or
endorse any other Website or service, or present Us in a false, misleading,
defamatory or derogatory manner. The Linking Information must be used in its
unaltered entirety. Either you or we may terminate this Linking License at
any time, and in that case, you agree to immediately remove any of the
Linking Information from any Web site(s) where you may have used it. We will
notify you that the Linking Information has changed from time to time, and
you agree to update the Linking Information on your Web site(s) within 10
days of such notice. You are solely responsible for the addition,
maintenance and impact of our Linking Information on your Web sites.
- Links From Our Site. Our Site provides links to other Websites
and/or services (collectively, the "Linked Services") as part of
our Content. We make no representations or endorsements regarding the Linked
Services or any information about the Linked Services. We are not
responsible for the content, performance, terms and conditions of use or the
privacy practices of those Linked Services. You access and use those Linked
Services solely at your own risk and your use of the Linked Services is
governed by each Linked Service's terms and conditions of use. All
questions, complaints or claims regarding the Linked Services must be
directed to the Linked Service's provider.
- Security of Your Registration. Should
you choose to register at our Site, you acknowledge that it is your
responsibility to maintain the security of your password which will grant
access to personal information at the Site, and the security of your email
account to which we may send personal information, such personal information
including but not limited to information about your bookings with us and
information related to maintenance of your registration, and that we have no
responsibility or liability for unauthorized use of, or access to, your
personal information stored at the Site in the event of unauthorized use of
your password or of your email account.
- Required Downloads. Some of our Content and some Linked Services
require a download to access our Content, such as the Adobe Acrobat Reader.
Downloading involves potential risks to your equipment and data. You should
make yourself aware of the risks before beginning any downloading. You are
solely responsible for protection and back-up of the data and equipment used
in connection with these applications or programs.
- Disclaimer of Warranties and Limitation of Liability. THE SITE,
LINKED SERVICES, AND CONTENT ARE PROVIDED "AS IS" AND "AS
AVAILABLE," WITH NO WARRANTY FOR THEIR ACCURACY, PERFORMANCE, SECURITY
OR RELIABILITY WHATSOEVER. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY
EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND
ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF
DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE FURTHER DISCLAIM ALL WARRANTIES REGARDING
THE ACCURACY, COMPLETENESS OR APPLICABILITY OF ANY RESULTS, CALCULATIONS,
INFORMATION, ITINERARIES, SPECIALS, PRICES OR OTHER OUTPUT GENERATED BY THE
SITE OR SENT TO YOU BY US VIA EMAIL, APPLICATIONS AND PROGRAMS AVAILABLE AT
THE SITE OR LINKED SERVICES (COLLECTIVELY, "OUTPUT"). WE DO NOT
WARRANT THAT THE SITE, ITS SERVERS OR ANY E-MAIL SENT BY US ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOU BEAR FULL RESPONSIBILITY TO
DETERMINE THE APPLICABILITY OF THE OUTPUT AND TO CONFIRM ITS ACCURACY. YOUR
USE OF THE SITE AND LINKED SERVICES, INCLUDING WITHOUT LIMITATION CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR LINKED
SERVICES, IS AT YOUR OWN RISK AND YOU BEAR ALL RESPONSIBILITY FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADED OR
OTHER CONTENT. THE SITE, LINKED SERVICES, AND CONTENT ARE SUBJECT TO CHANGE
AT ANY TIME WITHOUT NOTICE. NO INFORMATION OR ADVICE FROM THE SITE, LINKED
SERVICES OR CONTENT SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY.
- WE (AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND
AGENTS) ASSUME NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DIRECT
OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL,
EXEMPLARY, RELIANCE, COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE FOREGOING
DISCLAIMER APPLIES, WITHOUT LIMITATION, TO DAMAGES ARISING FROM LOSS OF
PROFITS AND GOODWILL, DAMAGES STEMMING FROM INACCURATE OUTPUT, OR DAMAGE TO
YOUR COMPUTER OR DATA CAUSED BY VIRUSES OR OTHERWISE RESULTING FROM YOUR
ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY
CONTENT FROM THE SITE OR LINKED SERVICES, OR YOUR RECEIPT OF EMAIL FROM US,
OR YOUR MAKING A RESERVATION WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
- If, not withstanding the foregoing, We are found liable for any loss or
damage that results from your use of the Site or your reservation with us,
Our liability shall not exceed, in the aggregate, the greater of: (1) the
net amount of commission we were paid by the travel provider, if any, for
your travel booked in its entirety with us, if any, (2) US$100.00 (One
Hundred US Dollars).
- Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential
damages. In such jurisdictions, some or all of the above disclaimers may not
apply to you.
- Compliance with Laws. You also agree to comply with all copyright
and other applicable laws and may not use the Content in any manner that
infringes the rights of any person or entity.
- Indemnity. You agree to hold Us and Our affiliates, directors,
officers, employees, shareholders and agents harmless from any claim or
demand arising out of your use of the Site or the Content, or your violation
of any applicable law (including, without limitation, export laws and
regulations), and you will indemnify us for any loss, liability, cost or
expense (including attorneys' fees) arising from such claim.
- General. This Agreement shall be governed by the laws of the State
of New Hampshire, and you consent to the exclusive jurisdiction and waive
any objections to the venue of the state and federal courts in Rockingham
County in the State of New Hampshire. If any provision of this Agreement is
invalid or unenforceable, the remaining provisions shall remain in force.
Our failure to enforce any provision of this Agreement does not waive our
right to act with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between us and users of
the Site with respect to the subject matter hereof. If you do not agree with
any of the terms of this Agreement, do not use the Site, as you are not
authorized to do so.
- Changes to this Agreement. We reserve the right to modify this
Agreement at any time without notice, and if you use the Site after a
modified Agreement is posted to the Site, you agree to be bound by such
changes, effective immediately thereafter.
- Attorney's Fees. If We or one of our third-party partners take any
action to enforce this Agreement, then such parties will be entitled to
recover from you, and you agree to pay, all reasonable and necessary
attorney's fees and any cost of litigation, in addition to any other relief,
at law or in equity, to which such parties may be entitled.
- Injunctive Relief. You acknowledge that a violation or attempted
violation of this Agreement will cause such damage to Us as will be
irreparable, the exact amount of which would be difficult to ascertain and
for which there will be no adequate remedy at law. Accordingly, you agree
that We shall be entitled as a matter of right to an injunction issued by
any court of competent jurisdiction, restraining such violation or attempted
violation of these terms and conditions by you, or your affiliates,
partners, or agents, as well as recover from you any and all costs and
expenses sustained or incurred by us in obtaining such an injunction,
including, without limitation, reasonable attorney's fees. You agree that no
bond or other security shall be required in connection with such injunction.
- Severability. These terms and conditions are 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.
- Headings. The headings used in this Agreement are for convenience
only and will not limit or otherwise affect the terms and conditions herein.
- Miscellaneous. We reserve the right to deny your access to the Site
for any reason, including, if we believe in our sole discretion, that you
have violated this Agreement, any applicable law, or the rights of any third
- Contacting Us. If you have any questions about this Agreement, the
practices of the Site, or your dealings with the Site, please contact us at