1. Welcome. We are pleased to welcome you
to VonFox managed by VonFox . 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 VonFox by posting such change on the
WEBSITE. Use by you after a change to these terms and conditions
has been so posted by VonFox 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. VonFox 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 VonFox 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. VonFox owns the compilation copyright to this WEBSITE. All rights reserved. VonFox and VonFox are trademarks of VonFox.
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. VonFox reserves the right to change the Tool at any time, in its discretion. VonFox 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. VonFox 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 VonFox 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 VonFox , VonFox or its VENDORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, VonFox . 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 VonFox . 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 VonFox AND/OR ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM VonFox .'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, VonFox .'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. VonFox . 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. VonFox . 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 VonFox .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. VonFox 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. VonFox .reserves the right to de-link
from any and all third party Tools at any time. No use of
VonFox 's trademark may be made in connection with such link
without VonFox 's approval and VonFox 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, VonFox may
change, suspend or discontinue any aspect of the Tool at any
time, including the availability of any Tool feature, database
or content. VonFox 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 VonFox , 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. VonFox 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 VonFox .
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 VonFox '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 VonFox . - 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@vonfox.org
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 VonFox . VonFox . 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 VonFox . 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, VonFox . 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 VonFox . 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
VonFox 's right to comply with law enforcement requests or
requirements relating to your use of this Tool or information
provided to or gathered by VonFox . 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 VonFox with respect to this Tool. It supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
VonFox Corp with respect to this Tool.
