|
Please read these terms and conditions of use (these "Terms") carefully before using or obtaining any materials, information, products, or services through this web site, www.CocoaBeach.com ("Site"). CocoaBeach.com ("we," or "us") offers access to and use of our Site to you subject to your acceptance of these Terms, and the Terms of the World Choice Travel Booking Engine User Agreement. By accessing, using, or obtaining any content, data, materials, information, products, or services through our Site, you agree to observe these Terms. If you do not accept all of these Terms, then please exit our Site now.
1. Use of Site. CocoaBeach.com grants you a limited, non-transferable license to use this Site in accordance with these Terms. You are responsible for maintaining the secrecy of your passwords, login, and account information. You will be financially accountable for all uses of our Site by you and anyone using your password and login information. You may only use our Site to make legitimate reservations or purchases. You may not use our Site for any of the following purposes: (i) to make any false, fraudulent, or speculative reservation or any reservation in anticipation of demand; (ii) to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (iii) to post or transmit any information that infringes the rights of others or violates their privacy or publicity rights, contains a virus, bug, or other harmful item, or is used to unlawfully collude against another person in restraint of trade or competition; or (iv) for any other purpose that is unlawful or prohibited by these Terms. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our Site. We may, in our sole and absolute discretion, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, and such termination shall not affect any right to relief to which CocoaBeach.com and its Providers (defined below) may be entitled, at law or in equity. We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-days-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. Your access to our Site may not be uninterrupted or available at all times. We cannot promise that our Site will be error-free, that defects or errors will be corrected, or that our Site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our Site or take any action that imposes an unreasonable load on our computer equipment.
2. Ownership.
A. Copyrights and Marks. We, along with our travel and leisure service and information providers ("Providers"), own and have copyrights on our Site and all of its contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer, or modify any of the content, data, information, or materials found on our Site, but you may download, display, and print one (1) copy of the materials presented on our Site on a single computer for your personal, non-commercial use. Trademarks, logos, and service marks displayed on our Site ("Marks") are registered and common law Marks. These Marks belong to us, our licensors, and our Providers. Your use of and access to our Site does not grant you any license or right (by implication, estoppel, or otherwise) to use any of the Marks. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Site.
B. Software. Any software that may be made available for download from this Site ("Software") is the copyrighted work of CocoaBeach.com, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms of the License Agreement. For any Software not accompanied by a License Agreement, CocoaBeach.com, hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and in connection with this Site in accordance with these Terms and for no other purpose. Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Site, is owned by CocoaBeach.com, its affiliates, and/or their Providers, and is protected by copyright laws, international treaty provisions and applicable export control laws. Any reproduction or redistribution of the Software is expressly prohibited by law.
3. Privacy. Your use of our Site is subject to our Privacy Policy. You have read the CocoaBeach.com Privacy Policy, the terms of which are incorporated herein, and agree that your acceptance of these Terms is also your consent to the information practices set forth in our Privacy Policy.
4. Links. This Site may contain hyperlinks to Web sites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such web sites, and are not responsible and assume no liability for their contents. Our inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
5. Policies Relating to Transmission of Information. CocoaBeach.com may, from time to time as it deems necessary and appropriate in its sole and absolute discretion, monitor and review any information transmitted, posted, or otherwise received through this Site. CocoaBeach.com reserves the right to censor, edit, remove, or prohibit the transmission, posting, or receipt of any information that CocoaBeach.com, in it sole and absolute discretion, deems inappropriate, or in violation of these Terms. During monitoring, the information may be examined, recorded, or copied, and your use of this Site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments, or questions or post any other information on this Site, you grant CocoaBeach.com and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology. CocoaBeach.com shall have no responsibility and assumes no liability for any content posted or submitted by you.
6. Warranty Disclaimer. WE MAKE NO, AND OUR PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER COCOABEACH.COM NOR ANY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM COCOABEACH.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
6. Limitation of Liability. WE WILL NOT BE, AND OUR PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
If, despite the limitation above, CocoaBeach.com or a Provider is found liable for any loss or damage that arises out of or is any way connected with uses of this Site or its content or any of the occurrences described in the limitation above, then our liability and the Providers' liability will in no event exceed, in the aggregate, the sum of US$250.00. Some states do not allow limitation of liability, so the limitation above may not apply to you.
7. Indemnification. You will defend and indemnify us and any Provider and each of our officers, directors, employees, and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law, or the rights of a third party or your use of our Site.
8. General. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. Your acceptance of these Terms and use of our Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, convey, subcontract, delegate, or transfer your rights, duties, or obligations under these Terms. We may modify these Terms, at any time, by posting conspicuous notice on our Site at least thirty (30) days before any modification becomes effective. Your continued use of our Site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use and will be deemed your acceptance of the modified Terms. Except as described in the preceding sentences, you and we can only modify these Terms in a written document signed or otherwise accepted by you and by us. Other terms and conditions may apply to your reservations, bookings, and purchases of travel services through our Site and to your use of other portions of our Site. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between us relating to your use of our Site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our Site. The laws of the State of Florida, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of our Site or these Terms, you agree to file such action only in the state and federal courts located in Brevard County, Florida. In any such legal action taken by you or any action we may initiate, the prevailing party will be entitled to recover all reasonable and necessary legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees, in addition to any other relief, at law or in equity, to which such party may be entitled. You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to CocoaBeach.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that CocoaBeach.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by CocoaBeach.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees.
|