1. Welcome. We are pleased to welcome you to PrimeGuild.com managed
by PrimeGuild.com . Please understand that this WEBSITE is offered to
you, the user, conditioned upon your acceptance of the terms and conditions
set forth in this agreement (the "Agreement"). By using this WEBSITE,
you are accepting this Agreement in its entirety. If you do not agree
to these terms and conditions of use, please do not use this WEBSITE.
We ask you to take the time to read this Agreement carefully. The terms
and conditions of this Agreement may be amended from time to time by
PrimeGuild.com by posting such change on the WEBSITE. Use by you after
a change to these terms and conditions has been so posted by PrimeGuild.com
shall constitute acceptance by you of such changed terms. If you do
not wish to accept such changes, please do not use this Tool. This Agreement
was last revised on March 3, 2002.
2. Use of Tool. PrimeGuild.com prepared this WEBSITE for your personal
and non-commercial use. Please do not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, or create derivative
works from information or material on this WEBSITE, except as follows:
You may download and make one copy of the content and other downloadable
items displayed on this Tool for personal, noncommercial use only, provided
that you maintain all copyright and other notices contained in such
content. Copying or storing of any content for other than personal,
noncommercial use is not permitted.
You may only use this WEBSITE to make legitimate reservations or purchases
of the goods and services offered by PrimeGuild.com and its Vendors.
You shall not use this WEBSITE to make any speculative, false or fraudulent
reservation or any reservation in anticipation of demand.
3. Notices. PrimeGuild.com owns the compilation copyright to this WEBSITE.
All rights reserved. PrimeGuild.com and PrimeGuild.com are trademarks
of PrimeGuild.com.
4. Liability Disclaimer. The information and other material published
on this Tool may include inaccuracies or typographical errors. Changes
are periodically made to the information contained herein. PrimeGuild.com
reserves the right to change the Tool at any time, in its discretion.
PrimeGuild.com does not warrant that the functions contained in the
Tool or any materials or content contained therein will be uninterrupted
or error free, that defects will be corrected, or that the Tool or the
server that makes it available is free of viruses or other harmful components.
PrimeGuild.com and its affiliates shall not be liable for the use of
the Tool, including, without limitation, the content and any errors
contained therein.
IN NO EVENT SHALL PrimeGuild.com BE LIABLE FOR ANY INJURY, LOSS, CLAIM,
DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST
SAVINGS), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH (A) ARISES
OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS TOOL OR CONTENT,
(B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR
INABILITY TO USE ANY COMPONENT OF THIS TOOL) FOR RESERVATIONS OR TICKETING
OR PURCHASING, OR (C) THE PERFORMANCE OR NON PERFORMANCE BY PrimeGuild.com
, PrimeGuild.com or its VENDORS, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, PrimeGuild.com . MAKES
NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, MATERIALS,
PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS TOOL FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES ARE
PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY
OF ANY KIND AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY
DISCLAIMED. IN NO EVENT SHALL PrimeGuild.com . BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR
LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS TOOL OR WITH THE DELAY OR INABILITY TO USE THIS TOOL, OR FOR ANY
INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH
THIS TOOL OR THROUGH HYPERTEXT LINKS TO THIRD PARTY TOOLS OR FOR ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE TOOL OR ANY LINKED CRUISE BOOKING TOOL, EVEN IF PrimeGuild.com
AND/OR ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM PrimeGuild.com
.'S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, PrimeGuild.com .'S LIABILITY SHALL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW. PrimeGuild.com . DOES NOT REPRESENT OR ENDORSE
THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR INFORMATION
DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT
ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL
BE AT YOUR SOLE RISK. PrimeGuild.com . RESERVES THE RIGHT, IN ITS SOLE
DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE
TOOL.
ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE TOOL AND ARE INCORPORATED
HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER
RESTRICTIONS ON YOUR USE OF THIS TOOL OR THE MATERIAL THEREIN, SUCH
GREATER RESTRICTIONS SHALL APPLY.
5. No unlawful or prohibited use. Please note that we require of you,
as a condition of your use of this Tool, that you will not use this
Tool for any purpose or in any manner that is unlawful, violates any
third party's rights, or is prohibited by these terms, conditions and
notices. You understand that PrimeGuild.com .may suspend or terminate
your access to its Tool in its discretion if you violate this provision
or any other provision of these Terms of Use and may also delete all
or any portion of any material you post.
6. Links to third party Tools. This Tool contains links to Tools operated
by third parties. Such links are provided for your reference and convenience
only. PrimeGuild.com is not responsible for the content, products, services,
statements or privacy policies in, offered, made or asserted in such
Tools. The mere inclusion of such links within this Tool does not constitute
any endorsement of the material on such Tools or any association with
their operators. PrimeGuild.com .reserves the right to de-link from
any and all third party Tools at any time. No use of PrimeGuild.com
's trademark may be made in connection with such link without PrimeGuild.com
's approval and PrimeGuild.com reserves the right to bar such link at
any time.
7. Changes in WEBSITE. Please be aware, that, like all WEBSITE, this
WEBSITE is a work in progress. Therefore, PrimeGuild.com may change,
suspend or discontinue any aspect of the Tool at any time, including
the availability of any Tool feature, database or content. PrimeGuild.com
may also impose limits on certain features and services or restrict
your access to parts or all of the Tool without notice or liability.
8. Your indemnification. You hereby agree to indemnify, and hold PrimeGuild.com
, and all its officers, directors, owners, agents, employees, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") harmless
from and against any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any breach or alleged
breach by you of this Agreement or the foregoing representations, warranties
and covenants, including, without limitation, attorneys fees and costs.
PrimeGuild.com shall have the right to defend, settle and compromise
any such claim with counsel of its own selection. You shall cooperate
as fully as reasonably required in the defense thereof. You shall not
in any event settle any matter without the written consent of PrimeGuild.com
.
9. Privacy Policy. We consider your privacy to be very important and
we want to be sure you are aware of and agree to the way in which we
might use personal information about you. You hereby agree to PrimeGuild.com
's Privacy Policy which is hereby incorporated into this Agreement,
in which we detail the ways in which we might utilize personal information
coming from you. Please keep in mind when you post any information on
the Tool, including, without limitation, in the interactive sections,
that the information you post, whether about yourself or others, may
be viewed by others. Use good sense and prudence in determining the
extent of personal information you wish to make available to others.
You hereby authorize Vendor to use any personal information it obtains
about you via your use of this Tool to respond to your inquiries and
any matters incidental thereto, which shall include providing such information
to Vendors, travel agents, airlines, hotels, rental car companies, other
vendors of travel-related products, and any third-parties involved in
facilitating your travel arrangements or other purchases.
Use of IP Addresses - We use your IP address to help diagnose problems
with our server, and to administer our Cruise Booking Tool. Your IP
address is used to gather broad demographic information.
Contacting PrimeGuild.com . - If you have any questions about this privacy
statement, the practices of this Tool, or your dealings with this booking
Tool, you can contact info@PrimeGuild.com.net
Our tool uses an order form for customers to reserve and purchase travel
services. We collect your contact information (like your email address),
financial information (like you account or credit card numbers), and
demographic information (like your zip code, age, or income level).
We will share information about you and your purchase with the cruise
line, airline, hotel, car rental agency or other travel provider with
whom you book travel. We will only provide the necessary information
(including credit card information) to ensure your travel arrangements
are confirmed with these travel suppliers.
10. Termination.
Termination by PrimeGuild.com . PrimeGuild.com . may at any time, without
prior notice and at its sole discretion, terminate this Agreement, in
whole or in part, with or without cause and with no obligation of prior
notice to you. Your remedy. You may terminate this Agreement at any
time by ceasing to use the Tool. Your sole remedy against PrimeGuild.com
. in the event of dispute arising out of this Agreement, the Tool or
your use thereof, is to terminate this Agreement.
Your Data. In the event of termination of this Agreement, PrimeGuild.com
. may delete and/or store in its discretion, data associated with your
use of the Tool.
11. Assignment. Your rights and obligations under this Agreement and
in using the Tool are not assignable.
12. Governing Law. This Agreement is governed by the internal laws of
the State of Florida applicable to agreements entered into and wholly
to be performed therein without giving affect to its principles of conflicts
of laws. You hereby agree that any claim by you (or those claiming through
you) arising out of your use of this Tool or material appearing on this
Tool, shall be resolved by binding arbitration conducted in Dade County,
Florida and shall be arbitrated on an individual basis (and not consolidated
with any claim of any other party). Arbitration shall be conducted under
the rules of the American Arbitration Association provided that notwithstanding
any rules therein, no claim shall be consolidated with the claim of
any other party. Use of this Tool is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms of Use, including,
without limitation, this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
PrimeGuild.com . as a result of this Agreement or your use of the Tool.
13. Legal Process. This Agreement is subject to existing laws and legal
process. Nothing in this Agreement shall derogate PrimeGuild.com 's
right to comply with law enforcement requests or requirements relating
to your use of this Tool or information provided to or gathered by PrimeGuild.com
. with respect to such use.
14. Invalidity. 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.
15. Entire Agreement. This Agreement contains the entire agreement between
you and PrimeGuild.com with respect to this Tool. It supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and PrimeGuild.com Corp with respect
to this Tool.