Holiday Road Adventures Website Terms And Conditions
Please read the following Web Site Terms and Conditions ("Terms") carefully before using the website of Holiday Road Adventures, LLC ("HRA") and any other online features, services, and/or programs offered by HRA (collectively, the "web Site").
By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of HRA. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. "Content" refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to, and/or downloaded from the Web Site.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Web Site, HRA does not warrant or represent that: (a) the Content is accurate, complete, up-to-date, or current; (b) HRA has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law, the law of the state of Florida, or, if HRA transfers your Account to another location, where HRA currently maintains your Account ("Applicable Law").
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 18, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 18 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of HRA. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.
3. USER ACCOUNTS AND REGISTRATION
(a) Some areas of the Web Site require you to register for and maintain an active personal user account ("Account"). You must be at least eighteen (18) years of age to obtain an Account.
(b) Account registration requires you to submit to HRA certain Personally Identifiable Information ("PII"), such as your name, address, mobile phone number, and date of birth, among others. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Web Site.
(c) You may only use the Account and its related services to make legitimate reservations and purchases. You agree that you will not use the account or the representatives of HRA to make false or fraudulent or speculative reservations or purchases.
(d) CREDIT CARD TRANSACTIONS. You understand that all credit card transactions performed through the Account are between you and the cruise lines, airlines, hotels, tour operators, car rental companies, travel gear, and accessory manufacturers, and other travel suppliers ("Suppliers") not HRA. With the exception of specific agreed-upon travel planning fees, HRA does not collect any funds from credit card transactions, therefore you agree to hold HRA and its affiliates, subsidiaries, owners, directors, officers, employees, agents, and franchisees harmless against any claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) that may arise out of the credit card transactions.
(e) You are solely responsible for any activity that occurs with respect to your Account. While HRA provides certain encryption technologies and uses other reasonable precautions to protect your PII and other confidential information and provide suitable security, HRA does not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
(f) You are responsible for maintaining the confidentiality of your passwords, username, and e-mail addresses provided to HRA. HRA is not liable for any loss that you may incur as a result of someone else's misuse of your account or password, either with or without your knowledge. Furthermore, you may be liable for losses incurred by HRA, its affiliates, representatives, agents or assigns due to someone else using your account or password.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HRA PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND HRA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. HRA DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HRA SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold HRA and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys' fees) assessed or incurred by HRA, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
5. LIMITATION OF LIABILITY. HRA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CESSATION OF ALL OF YOUR SITE USE. IN NO EVENT WILL HRA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, INCLUDING, BUT NOT LIMITED TO: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PII AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE; AND/OR, (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, BY ANY THID PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS HRA'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. THIRD PARTY CONTENT.
(a) Much of the information on the Web Site is provided by Suppliers, and HRA accepts no responsibility for errors, omissions, inaccuracies, or misleading statements which may appear anywhere on this site, whether or not they were supplied by Suppliers.
(b) HRA has no control whatsoever over Suppliers' actions or inactions. HRA is not responsible for third party failure to perform, breach of contract, or any action, intentional or negligent, which results in any loss, injury, delay, or damage to you or your property or to anyone traveling with you, or to the property of that party. HRA cannot and does not guarantee Supplier reservations, timeliness, employee conduct, or the performance of scheduled flights, cruises or tours, or the availability of hotel rooms or rental cars. You acknowledge that upon receipt of fare by Supplier, Supplier accepts the passenger subject to the terms of the Supplier contract. You acknowledge and agree that HRA's liability for damages incurred by you or anyone else from loss or damage to property or from bodily injury or death or otherwise is limited to the gross amount paid by you to HRA, and that HRA shall not be liable to you for any special, consequential and/or punitive damages resulting from HRA's or a third-party's negligence, gross negligence, breach of contract, fraud, or any other cause whatsoever. You also agree to waive any claims for damages which you otherwise might be entitled to assert against HRA for damage to or loss of property or for death or bodily injury when the damages are covered by insurance, and further agree that no insurance company or any other third party shall ever become entitled to assert any claim you have against HRA, by subrogation, assignment, or otherwise.
(c) HRA may provide hyperlinks to other web sites maintained by third parties, or HRA may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER HRA'S CONTROL AND HRA IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks, and logos used and displayed on the Web Site are HRA's, or its Suppliers' or affiliates', registered and unregistered trademarks. HRA is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of HRA that may be referred to on the Web Site are the property of HRA. Other third parties trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication estoppel or otherwise, any license or right to use any of HRA's or its Suppliers' trademarks or service marks without HRA's or its Suppliers' prior written permission. HRA aggressively enforces its intellectual property rights. Neither the name of HRA nor any of HRA's other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Site or otherwise, without HRA's prior written permission. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact HRA at the address, email address, or telephone number set forth at the bottom of these Terms.
10. LOCAL LAWS. HRA makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. HRA is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site and these Terms shall be interpreted and governed in accordance with federal law, and, to the extent not preempted by federal law, with the laws of the state of Florida, or, if HRA transfers your Account to another location, where HRA currently maintains your Account. The Web Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over HRA, either specific or general, in jurisdictions other than the state of Florida. You agree and hereby submit to the exclusive personal jurisdiction of the Circuit Court, in and for the Ninth Judicial Circuit, County of Orange, State of Florida, or the United States District Court, Middle District of Florida, Orlando Division, or, if HRA transfers your Account to another location, where HRA currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
11. AVAILABILITY. Information that HRA publishes in the Web Site may contain references or cross-references to products, programs or services of HRA that are not necessarily announced or available in your area. Such references do not mean that HRA will announce any of those products, programs, or services in your area at any time in the future. You should contact HRA for information regarding the products, programs, and services that may be available to you, if any.
12. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by HRA unless acknowledged by HRA in writing. HRA has no obligation to provide you with written acknowledgment. HRA may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
13. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to HRA, to the business of the Web Site's Internet service provider, to Suppliers, or to other information providers.
14. INVESTIGATIONS. HRA reserves the right to investigate, review, and enforce any appropriate terms or policies applicable to a user. HRA may make any disclosure reasonably necessary to: prevent illegal activity from occurring or continuing to occur on the Web Site, enforce any section or term contained in any of HRA's agreements, comply with any request received from a court or government agency with proper authority to make such a request, protect the rights, security, reputation, dignity, and/or property of HRA, HRA's affiliates, users and/or the general public.
16. RELATIONSHIP OF THE PARTIES. Nothing contained in these Terms or your use of the Web Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
17. CALIFORNIA PRIVACY RIGHTS. Residents of California, under the California Civil Code, have the right to request that HRA disclose what personal information is collected about them as well as why the personal information is collected, to whom the personal information is shared with, if any, and what information was shared. Residents also have the right to request that HRA delete any personal information collected about them as well as the right to request that their personal information is not shared with any third parties. If you wish to make any of the requests mentioned above, please send in your request using the contact information provided below. Please provide your full name, e-mail address, and postal address in your request.
Your Consent To This Agreement
By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we deice to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email at: firstname.lastname@example.org or by sending your comments to:
Holiday Road Adventures, LLC
15158 Heron Hideaway Circle
Winter Garden, FL 34787
EFFECTIVE AS OF: JULY 3, 2021