TERMS & CONDITIONS
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These terms and conditions (these “Terms”) apply to the use, purchase and sale of products and services through or relating to the Site: https://biscaynelady.com (the “Site”). These Terms are subject to change by Sightseeing Tours Management, Inc. and its affiliates (the “Company”, which may be referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms using this Site. Your continued use of this Site after a posted change in these Terms will constitute your re-acceptance of and agreement with such changes.
1. Registration, Listing and Posting.
A. Eligibility. By using the Site, you represent that you are at least 18 years of age and lawfully allowed to access the Site (“User”). It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.
B. Termination and Suspension. You agree to use and access the Site only as authorized in accordance with these Terms. We may suspend or terminate your ability to use the Site in our sole discretion, with or without cause, at any time, without prior notice to you.
D. Prohibited Uses.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
In any way that violates any applicable federal, state, local or international law or regulation;
To transmit, or procure the sending of, any advertising or promotional material, 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 e-mail addresses or screen names associated with any of the foregoing);
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other User’s use of the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Site.
2. Intellectual Property.
A. The Site and its entire contents, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned or licensed by Company, its licensors or other providers and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. Any use of our Site not expressly permitted within these Terms is not permitted, is a breach of these Terms, and may violate intellectual property, copyright, trademark or other laws. You may not reproduce, distribute, modify, create derivative works of, publically display, publically perform, republish, download, store or transmit any content or materials on the Site without our written permission.
B. Use. Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
You may print or download one copy of a reasonable number of pages of the Site, such as a receipt of sale or reservation, for your own personal, non-commercial use and not for further reproduction, publication or distribution;
Users may not:
Modify or make copies of any materials from this Site;
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease 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 Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
C. Trademarks.“Island Queen”, “Island Queen Cruises”, Biscayne Lady” and all other related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates, partners or licensors. You may not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of such companies and the owners thereof and we do not convey to you any license or rights of use. You agree that, and assign to us, any existing or future work product, derivative works and feedback concerning the Site and its contents is the property of the Company.
3. Disclaimer of all Warranties. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4. Limitation of Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, 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 SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, 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. COMPANY IS NOT LIABLE TO THE GREATEST EXTENT ALLOWED BY LAW. TO THE EXTENT COMPANY IS LIABLE TO YOU, THE TOTAL LIABILITY IS LIMITED TO $50.00.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
A. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provided to us, (ii) sending a letter to you via US mail and to the address you have provided to us, or (iii) by posting it to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your address and email address current.
B. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to _____________________________. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
6. Dispute Resolution and Binding Arbitration.
A. YOU ARE AGREEING TO GIVE UP ALL RIGHTS TO LITIGATE CLAIMS IN A COURT, OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) ARISING FROM OR RELATING IN ANY WAY TO YOUR LISTING, BIDDING OR PURCHASE OF ITEMS ON THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
B. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 8. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating or enforceability of this arbitration provision or claim that any term of these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding as between the User and Company and may be entered as a judgment in any court of competent jurisdiction.
C. You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one User’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
7. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms or the Company are 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) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. You consent to the jurisdiction and venue of the state courts located in Miami-Dade County or in the United States District Court, Southern District of Florida, and irrevocably waive, to the fullest extent permitted by applicable Law, any objection that it may now or may later have to the personal jurisdiction and venue of these courts such court and to any claim of inconvenient forum. Arbitration is to be conducted in Miami, Florida.
A. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
B. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
C. Indemnification. You agree to defend, indemnify and hold harmless Company, its affiliates, 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 or your use of the Site, including, but not limited to, your use of the Site’s content, services and items other than as expressly authorized in these Terms or your use of any information obtained from the Site.
D. Electronic Acceptance. Your use of the Site is your electronic acceptance of these Terms and shall constitute your acceptance of all terms and conditions, including any and all updates of these Terms. Such acceptance shall have the same legal force and effect as if you had physically signed these Terms. You agree to the admissibility of all computer records and/or electronic evidence in any dispute under these Terms.
E. Independent Contractors. You and Company are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by these Terms.