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.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 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.
