THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
ELIGIBILITY TO USE SITES
AFFIRMATIVE REPRESENTATIONS REGARDING USE OF SITES
a. the information you submit is truthful and accurate;
b. your use of the Sites and your use of services available on the Sites do not violate any applicable law or regulation, and
c. if you purchase Services through the Site:
i. you are making the applicable purchase or reservation on your personal behalf or on behalf of others, friends or family members with their consent, or as an agent on behalf of your client;
ii. the payment information you provide, and the associated name, address, phone number, and payment card number can be used to personally identify and/or contact you;
iii. the e-mail address you provide to us in connection with making a reservation or purchase is unique and personal to you; and
iv. you have confirmed that the Services you reserved or purchased correspond with the itinerary and/or details of the service on which you, your friend, family member or client will be participating.
PROHIBITED USE OF SITES
A. purchase or reserve a number of tickets for a Service that exceeds the stated limit for that Service;
B. interfere with services provided through the Sites by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
C. modify, creative derivative works from, reverse engineer, decompile or disassemble any technology provided through the Sites;
D. interfere with, or disrupt the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, or scripting in such a manner as to interfere with or create an undue burden on the Sites;
E. use a robot, spider or other device or process to make automated purchases through the Sites;
F. impersonate another person or entity or conceal your identity by using multiple e-mail addresses or phony names or contact information;
G. circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any of the content on the Sites and the trademarks, service marks, and logos contained on the Sites (“Materials”) or enforce limitations on use of the Sites or the Materials;
I. use Sites to cause harm or damage to any person or entity;
J. any of the following actions are strictly prohibited: Man-in-the-Middle behavior, Denial of Service, Distributed Denial of Service, SQL Injections, executing zero-day exploits, cross-site scripting, brute force or other password cracking techniques, any other actions designed to, including but not limited to, disrupt or interfere with Service or function of the Sites unless explicitly agreed to in writing by AQV as part of penetration test or other security test; or
K. use the Sites for any unlawful purpose or prohibited by these Terms.
CHANGES TO TERMS, SITES, AND SERVICES
We are constantly improving the Services and Sites to provide a better experience for its guests and users. You acknowledge and agree that the Sites, or certain features, content, specifications, products, and prices contained thereof, may change from time to time without notice to you. Any update to the Sites or Services that enhances or modifies the current Sites and Services are subject to these Terms. You acknowledge and agree that we may decline to provide access to our Sites or stop providing the Sites or any feature, content, or portion thereof to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the Sites at any time
USE OF SITES ON MOBILE DEVICE
In order to use the Sites made available through our mobile applications, you must have a compatible mobile device. From time to time, our mobile applications may require the downloading and installation of updates or new versions for continued use or functionality. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality available in prior versions.
Our mobile applications are designed to integrate with elements of your device’s native functionality. If you choose not to enable your device’s GPS/location settings, push notifications, text messages or other device functionality, or if you choose not to provide certain personal or location data, some features of our mobile applications may not be available to you. To opt-out of receiving push notifications from our mobile applications, adjust the permissions in the settings section of your device or delete the mobile application.
You can cancel this service at any time. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
If at any time you forget what keywords are supported, just text “HELP” to 289397. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Participating carriers include AT&T, Sprint/Boost/Virgin, T-Mobile, MetroPCS, and Verizon Wireless. T-Mobile is not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer malware of any form, or other harmful files, (VI) redirect traffic to any third party sites that are engaged in phishing practices or contain malicious software. You are solely responsible for the User Content and you hereby agree to indemnify and hold the Company harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
OUR INTELLECTUAL PROPERTY RIGHTS
LEGAL DISPUTES AND AGREEMENT TO ARBITRATE
a. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Sites or Services. Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
b. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 13(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Sites and/or Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
c. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 13(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
d. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
e. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 13(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Delaware and the parties expressly consent to exclusive jurisdiction of the courts thereof.
f. Choice of Law. These Terms and Conditions shall be construed, and any dispute between the parties determined, under the laws of the state of Delaware, United States of America.
g. If you take an action against our Services or Sites that it determined to be malicious or illegal, we reserve the right to collaborate with and share your information with authorities without reservation.
DISCLAIMER OF WARRANTIES
DISCLAIMER OF LIABILITIES
NO THIRD PARTY BENEFICIARIES
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
American Queen Voyages Guest Services Team
222 Pearl Street
New Albany, IN 471501
Please note that, in accordance with the DMCA, if you knowingly misrepresent that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us, the alleged infringer, by any online service provider, or by any copyright owner who is injured as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing and/or in replacing the removed material or activity. If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Sites and/or terminate or suspend the accounts of any users who infringes another’s intellectual property right, whether or not there is any repeat infringement.
NOTICE TO CALIFORNIA RESIDENTS
The provider of the Sites is
Pier 3, Hornblower Landing
San Francisco, CA 94111
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210. Their website is located at: http://www.dca.ca.gov.
Any California residents under the age of eighteen (18) who has registered to use the Sites and/or who have posted content or information on the Sites, can request that such information be removed from the Sites by contacting us at [email protected] Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.