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Acceptance of the Terms of Use
Changes to the Terms of Use
Accessing the Website and Account Security
Intellectual Property Rights
Trademarks
Prohibited Uses
Reliance on Information Posted
Changes to the Website
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website
Links from the Website
Disclaimer of Warranties
Limitation on Liability
Indemnification
Governing Law and Jurisdiction
Arbitration
Limitation on Time to File Claims
Waiver and Severability
Entire Agreement
Your Comments and Concerns
Acceptance of the Terms of Use
This agreement is entered into by and between You and Royal Caribbean Cruises Ltd. ("Company," "we," or "us"). The agreement (hereinafter, "Terms of Use") governs your access to and use of CruisingPower.com, including any content, functionality, and services offered on or through CruisingPower.com (the "Website"). These Terms of Use do not replace or supersede any other agreement between You and the Company, or its affiliates, subsidiaries, or joint venture partners, including but not limited to: Royal Caribbean International, Celebrity Cruises, Inc., or Silversea Cruises Ltd. (together the “Affiliated Entities”).
Each of the Affiliated Entities are an intended third party beneficiary of this Terms of Use agreement.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Travel Agent Guidelines (which are posted on the Website), and our Privacy Policy, found at [PRIVACY POLICY], incorporated herein by reference.
If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
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Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.
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Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
If you choose, or are provided with, a user name, password, or any other piece of identifying information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
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Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company and its Affiliated Entities, their licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- We grant you permission to print individual pages from the Website in order to evaluate or purchase the Company’s or its Affiliated Entities’ services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify Website materials. This grant of permission is not a transfer of title.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics found on the site without the express written permission of the Company, or the Affiliated Entities, as may be applicable.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company and the Affiliated Entities. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
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Trademarks
The Company name, the Company trademarks (whether marked or unmarked), the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its licensors.
Similarly, the Affiliated Entities’ respective names, the Affiliated Entities’ trademarks (whether marked or unmarked), the Affiliated Entities’ respective logos, and all related Affiliated Entities names, logos product and service names, designs and slogans are trademarks of the Affiliated Entities, or their respective licensors.
You must not use such marks without the prior written permission of the Company or the applicable Affiliated Entity. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
To the extent any part of this section conflicts with the applicable provision(s) of the Travel Agent Guidelines, the Travel Agent Guidelines shall prevail.
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Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates the Travel Agent Guidelines or any other agreement or obligation between You and the Company or its Affiliated Entities;
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. ·
- Otherwise attempt to interfere with the proper working of the Website.
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Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
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Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
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Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy [PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
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Online Purchases and Other Terms and Conditions
All purchases or transactions through the Website are governed by the specific terms applicable to each product or service, which are hereby incorporated into these Terms of Use.
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Linking to the Website
Unless the Company or its Affiliated Entities provide You with express written consent, You must not cause the Website or portions thereof to be displayed by, for example, framing, deep linking or in-line linking, on any other site. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease.
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Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that Website content, files or functionality will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, THE AFFILIATED ENTITIES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR THE AFFILIATED ENTITIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR THE AFFILIATED ENTITIES NOR ANYONE ASSOCIATED WITH THE COMPANY OR THE AFFILIATED ENTITIES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY AND THE AFFILIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, THE AFFILIATED ENTITIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Indemnification
You agree to defend, indemnify, and hold harmless the Company, the Affiliated Entities, their respective licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
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Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
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Arbitration
Generally: In the interest of resolving disputes in the most expedient and cost-effective manner, the parties agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions: Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to injunctive relief in aid of arbitration from a court of competent jurisdiction.
Arbitrator: Any arbitration will be conducted under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or electronic mail (“Notice”) at the other party’s last known address or principal place of business. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the parties must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees: Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Company or the Affiliated Entities for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions: THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both the parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
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Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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Waiver and Severability
No waiver by the Company or its Affiliated Entities of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company or the Affiliated Entities to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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Entire Agreement
The Terms of Use, and our Privacy Policy, and the Travel Agency Guidelines constitute the sole and entire agreement between you and Royal Caribbean Cruises Ltd. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
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Your Comments and Concerns
Unsolicited Ideas
The Company and its Affiliated Entities actively work to develop products and creative ideas of its own pertaining to technologies, marketing materials and other aspects of our business. To preserve their ability to innovate, the Company and the Affiliated Entities do not accept or consider unsolicited creative proposals, materials or ideas from outside their internal systems including, but not limited to, ideas regarding: new or improved products; product enhancements; new or improved advertising campaigns or promotions; new or improved technologies; artwork; or other such ideas or materials.
Due to the volume of unsolicited ideas and proposals for products and services, and the business and legal challenges of determining whether ideas are truly a “new” ideas or materials, the Company and the Affiliated Entities, must adhere to their strict policy of not accepting or considering any unsolicited ideas, and not compensating anyone for unsolicited materials of this nature. This policy is not intended to serve as a barrier to receiving and responding to feedback from our valued customers. Rather, it is intended to avoid any future misunderstandings about creative ideas should the Company or its Affiliated Entities independently develop or already have developed a product, technology, or other project that may seem similar in some respect to any idea of a customer or other third party.
Terms of Idea Submissions
If, despite our policy, you submit an unsolicited idea to the Company or its Affiliated Entities then you agree that: (1) your idea will immediately upon submission become the sole and exclusive property of the Company or the respective Affiliated Entity, without compensation to you or any other person or party; and (2) the Company and the Affiliated Entities can use the idea for any purpose and in any way. If you do not agree to these terms, please do not submit an unsolicited idea to us.
Feedback, Opinions and Information
The Company and its Affiliated Entities welcome your support, comments, questions, and feedback regarding the Website, which you should direct to cmsupport@rccl.com. By providing feedback or information via this site, you agree that any feedback or information you submit is not confidential and becomes, upon submission, the sole and exclusive property of Company. You further agree that the Company and its Affiliated Entities are free to use such information on an unrestricted basis without compensation to you or any other person or party.
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