Dreamlines USA Terms of Service
Last Updated: January 30, 2018
Welcome, and thank you for your interest in Dreamlines USA, LLC (“Dreamlines USA,” “we,” or “us”) and our website at www.dreamlines.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Dreamlines USA regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND DREAMLINES USA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16.)
- Dreamlines USA Service Overview. The Service enables users to discover and purchase bookings for cruises, hotels, airfare, transfers, shore excursions, travel insurance, and other products and services (“Products”) that are owned, controlled, operated, or otherwise made available by third parties (“Product Providers”) either directly (e.g., by a cruise line, hotel, airline, insurance company, or any other travel provider) or indirectly (e.g., by an online travel agency). Product Providers, and not Dreamlines USA, provide the Products that appear on the Service.
- Eligibility. You must be at least 18 years old to use the Service and purchase Products. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Booking Request Forms. To purchase Products, you must submit a booking request form. When you submit a booking request form, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate. Each booking request form that you submit for a Product constitutes an offer to make a booking of that Product at the listed price. Upon your submission of a booking request, Dreamlines USA will contact you and present you with available Products and applicable pricing. Booking requests are subject to Dreamlines USA’s acceptance and may be rejected at any time and for any reason at Dreamlines USA’s discretion. Pricing is subject to third party terms and the price for any Product is not confirmed until you have completed the booking process and provided an initial deposit. Product providers may add additional surcharges, taxes and fees and Dreamlines USA only acts as an agent and is not responsible for the providers pricing and/or policies.
- Booking Terms.
- Product Provider Terms and Conditions. Your booking of any Product is subject to both these Terms and the terms and conditions of the applicable Product Provider. It is your responsibility to be aware of the applicable terms and conditions for each Product booked. If you have any questions regarding the Product Provider’s terms and conditions, please contact the applicable Product Provider. Dreamlines USA has no control over any Product Provider’s terms and conditions.
- Fees and Payment. Before you pay any fees for a Product through the Dreamlines USA Service, you will have an opportunity to review and accept the fees that you will be charged. All fees payable through the Dreamlines USA Service will be in U.S. Dollars and are non-refundable, except as set forth in Section 4.29. Certain Products displayed on the Service may require you to follow a link to a Product Provider’s website in order to complete your booking and remit payment. In that case, your payment for the Product is made directly to the applicable Product Provider. The payment terms will be provided at the time that you make the booking. Some Product Providers may require an initial deposit followed by an additional payment.
- Authorization. If payment for a Product is made through the Dreamlines USA Service, you authorize Dreamlines USA to charge all sums for the orders that you make as described in these Terms or published by Dreamlines USA, including all applicable taxes, to the payment method specified by you. If you pay any fees with a credit card, Dreamlines USA may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. In some cases, credit card transaction fees may apply.
- Special Booking Terms. From time to time and in its sole discretion, Dreamlines USA may offer special terms applicable to individual bookings. These special terms, unless made to you, will not apply to your offer or these Terms.
- Passport Name Alert (International Travel Products Only). It is ESSENTIAL that your first name and last name given to us at the time of booking match your passport. Any correction or alteration to a passenger name after a booking is made will incur amendment fees or a whole new reservation may need to be made which could result in your booking not being confirmed and cancellation fees being assessed. Please CHECK ALL FORMS carefully and advise us if the names do not match your passport. Please refer to the Passports & Visas paragraph below regarding visa requirements and your eligibility to travel before paying your deposit.
- Travel Advice Notices. Please check any Travel Advice Notices issued by the U.S. Department of State or your country of citizenship prior to your journey. You can view current Travel Warnings and Travel Alerts for United States citizens on the State Department website here: https://travel.state.gov/content/passports/en/alertswarnings.html. You may also wish to enroll your trip in the Smart Traveler Enrollment Program—through which you can receive information about safety conditions in your destination country and help friends, family, and the U.S. Embassy contact you in an emergency—here: https://step.state.gov/step/.
- Passports and Identification. You are solely responsible for confirming the entry requirements for all countries and for securing proper documentation for the countries visited on your cruise prior to departure. The following website may assist you in verifying the required documentation for travel: http://travel.state.gov/content/travel/en.html. Although the U.S. State Department provides advice on travel requirements on its website, please note that certain cruise lines have their own policies. Passports and visas must be valid for the duration of travel. In some instances, passports and visas must be valid for at least 6 months beyond the intended stay.
- Visas and Immigration Documents. Visas or other documentation may be required when visiting certain countries. You are responsible for your awareness of and compliance with all visa requirements applicable to any booking that you make through the Service. Failure to secure a visa may prohibit you from disembarking a cruise ship in certain ports. Some cruise lines gain blanket visas for passengers using their Products. While our agents will work to keep you informed of Product Providers’ policies, we cannot be held responsible for any changes, or for your compliance with the laws of the countries on your itinerary. Please confirm current travel guidelines before you travel. Dreamlines USA cannot be held liable for any costs arising from rejected visa applications or denial of entry to any country for any reason. Our staff is unable to offer information regarding travel visas for nationalities other than the U.S.
- Travel Insurance. Dreamlines USA recommends that you purchase adequate travel insurance from the date of the deposit being made. When considering whether to purchase or refuse travel insurance, consider that cancellation penalties may be assessed if you cancel your trip, which could equal the entire trip cost. Additionally, private medical insurance may not protect you when traveling abroad and therefore you could be personally liable for costs associated with an illness or injury. Travel protection insurance should be considered and may protect you against loss, medical expenses and trip cancellation up to the maximum amounts stated in the insurance disclosure document.
- DISCLAIMER REGARDING QUOTES. CRUISE, FLIGHT AND HOTEL PRICES AND AVAILABILITY CHANGE FREQUENTLY AND ARE SUBJECT TO THIRD PARTY PRICING. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL PRICES DISPLAYED ON THE DREAMLINES USA SERVICE OR VERBAL QUOTES BY DREAMLINES USA EMPLOYEES FOR ALL PRODUCTS AND TRAVEL ARRANGEMENTS ARE SUBJECT TO AVAILABILITY AND PRICES MAY CHANGE UNTIL PAYMENT HAS BEEN RECEIVED AND CONFIRMATION ISSUED BY DREAMLINES USA OR THE APPLICABLE PRODUCT PROVIDER IN WRITING VIA AN OFFICIAL RECEIPT. NOTE THAT IN SOME CASES SURCHARGES MAY BE ASSESED BY SUPPLIERS. ALL PRICES ON THE DREAMLINES USA SERVICE CONSTITUTE INVITATIONS TO BARGAIN AND ARE NOT OFFERS CAPABLE OF ACCEPTANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, DREAMLINES USA WILL NOT BE LIABLE FOR UNAVAILABILITY OF ANY PRODUCT AT ANY PRICE.
- Amendments. Any change to your booking after Dreamlines USA has confirmed your booking will be subject to change fees charged by the applicable Product Provider and Dreamlines USA. Where a cruise line releases a promotional fare after you have booked, any transfer of that booking to a promotional fare on the same or new cruise is regarded as a cancellation of the first booking and subject to cancellation penalties. Some cruise lines have strict policies regarding rebooking a cruise on promotional rates.
- Credit Card Authorization. Dreamlines USA may require you to provide a verified signature of the credit card holder for each charge to a credit card. This can be done by submitting a completed copy of either the credit card authorization form found at Appendix A of these Terms or a separate form obtained from Dreamlines USA. Verbal authorizations for urgent payments over the phone may be accepted, please refer to the section entitled Urgent Payment Condition.
- Payment Types; Credit Card Merchant Charges. Payments may be made by credit card. For payment via credit cards, a transaction fee may be applied, which is imposed by the Product Provider and/or Dreamlines USA.
- Cancellation. Cancellation notification must be received in writing before we can cancel your booking with the Product Provider. You may incur cancellation fees charged by the Product Provider and/or Dreamlines.
- Travel Insurance Claim Documentation. Where travel insurance has been purchased through Dreamlines USA, we will be happy to assist with supporting documentation for your claim without charge. Where you have purchased your Travel Insurance from another source including credit card insurance, we will charge a fee of up to $250 for providing supporting documentation for your claim.
- Availability. Advertised lead-in cruise and fly/cruise packages are subject to airline, hotel and cruise availability at time of booking. Where these lead in packages are not available, the cruise company may offer an alternative grade of cabin for your consideration. We strongly recommend early bookings to avoid disappointment. Pre and post cruise land packages may need to be adjusted to suit flight schedules and availability. No allocations are held with airlines or hotels.
- Shore Excursions. We recommend that you pre-book your shore excursions prior to departure. Many cruise lines make their shore excursions available online prior to departure. Please check with your Dreamlines USA travel consultant if your cruise line offers this service, and obtain your cruise reference number so you can access and book online. Dreamlines USA is not responsible should any shore excursions be sold out or on waitlist prior to your departure. Cruise lines can release their shore excursions online at any time, so we strongly recommend checking their website regularly, or contact the cruise line concerned for an approx. release date.
- Gratuities. Gratuities (tipping) in the cruise industry is a customary practice to show appreciation for excellent service. On certain Products, tipping is included in the fare. Where this is not listed under the "package inclusions" we recommend USD $11.00 – USD $18.00 per passenger, per day. Additional gratuities may be added to services such as spa, hair salon, and bar. Please note on certain cruise lines these charges are automatically added to your onboard account - but are still optional.
- Vaccinations. Certain countries require vaccinations before arrival and for others it is recommended that health precautions are taken. As our staff is not qualified to offer medical advice, Dreamlines USA recommends that you contact your local travel doctor or a general practitioner for specific advice for the countries you are visiting.
- Smoking Policy. In the interest of guest’s health, safety, and enjoyment during their cruising holiday, certain Product Providers may restrict smoking onboard. Please refer to the policies of your Product Provider for applicable smoking rules.
- Cabin Upgrades. At the time of making your booking, you can indicate if you are interested in taking advantage of an upgrade. From time to time, upgrades to the Products you have booked may become available with or without additional cost. Should additional costs apply to an available upgrade, you will be required to accept the changed booking and applicable charges. If a complimentary upgrade is offered by your Product Provider, you will be required to accept the upgrade within the time specified by the Product Provider, or you will forfeit the upgrade.
- Airline Seating and Special Meals. We recommend contacting the airlines directly for your seating and special meal requests to ensure that the airline has accurately noted your requirements. Airlines will often advise seat numbers but will not guarantee your seating until final boarding. Passengers are responsible for reconfirming all flights 72 hours prior to flight departure times.
- Airfare/Airline Conditions. All airfares are subject to change / increase / withdrawal without notice by the airline(s) until paid in full and tickets issued. All airline schedules are also subject amendments and flight cancellation without notice by the airline. Claims for costs as a result of these actions must be made directly to the airline concerned. Dreamlines USA cannot be held responsible for the actions of an airline. LUGGAGE CHARGES conditions: Some low-cost carriers have additional charges not included in the air ticket cost for luggage and seats.
- Airline Luggage, Meal, Entertainment Direct Charges. Many airline carriers now charge for all baggage, meals and inflight entertainment on international flights. These fees and charges are not in our control and CANNOT be collected by our agent in advance. Each carrier and route has variations on prices and requirements. Please ask your consultant for a breakdown of applicable “pay direct” fees applicable to your booking and how to request and pay these services online. These details may also be found on the applicable Product Provider’s website. The Product Provider is responsible for collecting these payments.
- Frequent Flyers. It is essential to keep all tickets and boarding passes from your trip so that the airline can assist with crediting points that were not collected. Please contact the airline for assistance in redemption of missed points. Some fares do not qualify for frequent flyer points so please check with your airline for details.
- Cabin Guarantee. Where your reservation on a particular cruise has been confirmed as a "cabin guarantee" the cruise line is accepting the reservation for that particular category of accommodation or higher; rather than assigning a specific cabin number. You are unable to request any specifics including location or bedding for a guarantee. Cabin numbers are confirmed either when your cruise documents are issued or upon embarkation with a guarantee you will not be allocated BELOW this grade.
- Electronic Cruise Documentation (eDoc). Many cruise lines have now moved to eDoc cruise tickets or documentation. This means you may get your documentation as an attachment to an email for you to print or store electronically. As this may be sent to you directly by the cruise line, if the cruise line supports eDocs you will not receive a wallet with paper tickets or a 'cruise booklet' as in the past. Your registration process and final payments must be completed before the cruise Product Provider will release your documents. Failure to complete this will cause delay and you may be denied boarding of the applicable cruise. Once complete, the cruise line will release your documentation 10-20 days prior to your departure date. Your cruise consultant or the cruise line will inform you once your documents are issued and ready. If you wish to have paper documents sent to you, we are happy to do this on behalf of the Product Provider for a small fee. To the fullest extent permitted by law, Dreamlines USA disclaims any liability for your failure to complete any online documentation or registration process.
- Urgent Payment Conditions. It has become common for cruise lines and airlines to require immediate payment to secure cabins or seats. Under these circumstances we may be required to take your credit card details and CCV number over the phone, charge the credit card, and pay the supplier in a very short period of time. This usually means that this payment is non-refundable except as otherwise required by applicable credit card rules. Your consultant may require you to email written authorization to charge your credit card. If this is not possible, by giving the card number over the phone you are accepting our terms and conditions and are authorizing payment on behalf of all travelers on your booking. Signed authorization will still be required after the charge due to our duty of care ensuring you are aware of the terms and conditions.If your booking is costed from a currency other than US Dollars and the account is not fully paid, you will need to CONTACT YOUR CONSULTANT ON THE DAY PAYMENT IS BEING MADE as all charges are subject to any exchange rate changes.
- Final Payment Deadline. If you miss your deadline for final payment of your cruise, Dreamlines USA cannot guarantee your cruise reservation. Your reservation may be automatically cancelled by the Product Provider and you may also be assessed with cancellation fees or penalties. Please make sure you pay your final balance on or before the deadline on your invoice. Your travel consultant is unable to extend final due dates set by the cruise lines.
- Limited License. Subject to your complete and ongoing compliance with these Terms, Dreamlines USA grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the Service for personal, non-commercial purposes.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, or publicly display the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Dreamlines USA an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
- Ownership; Proprietary Rights.The Service is owned and operated by Dreamlines USA. The visual interfaces, graphics, trademarks, logos, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service, including Third-Party Content (as defined below) (collectively, “Materials”) made available through the Service are protected by intellectual property and other laws. All Materials included in the Service are the property of Dreamlines USA or its third-party licensors and, except as expressly authorized by Dreamlines USA or the applicable third-party licensor, you may not use Materials for any purpose. Dreamlines USA and its third-party licensors, as applicable, reserve all rights to the Materials not granted expressly in these Terms.
- Third Party Terms
- Linked Websites and Third-Party Content. The Service displays content made available by, or obtained from, Product Providers and other third parties, which content may include prices, images or descriptions of the Products (the “Third-Party Content”). The Service may also contain links to third party websites, including links directing you to visit a third-party website in order to complete your booking of a Cruise. Dreamlines does not control, and is not responsible for any content on, such third-party websites.
- Third-Party Terms. Each Cruise is governed by the terms and conditions of the applicable Product Provider and other third parties. You agree to comply with all such terms and conditions that apply to your booking of, and participation in, a Cruise, including terms of service, privacy policies, cancellation terms, payment terms, and liability waivers.
- Third-Party Services. Dreamlines USA may provide tools through the Service that enable you to export information, including User Content (defined below), to third party services, including through features that allow you to link your account on Dreamlines USA with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Dreamlines USA may transfer that information to the applicable third-party service. Third party services are not under Dreamlines USA control, and, to the fullest extent permitted by law, Dreamlines USA is not responsible for any third-party service’s use of your exported information.
- User Content
- User Content Generally. Certain features of the Service may permit users to upload content to the Service, including comments, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) for publication on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
- Limited License Grant to Dreamlines USA. By providing User Content to or via the Service, you grant Dreamlines USA a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
- Limited License Grant to Other Users. By providing User Content to or via the Service, you grant other users of the Service a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
- User Content Representations and Warranties. Dreamlines USA disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Dreamlines USA and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Dreamlines USA, the Service, and these Terms;
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Dreamlines USA to violate any law or regulation; and
- your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Dreamlines USA may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Dreamlines USA with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Dreamlines USA does not permit copyright-infringing activities on the Service.
- Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing a Service account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
- Digital Millennium Copyright Act
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Dreamlines USA, LLC
ATTN: Legal Department (Copyright Notification)
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Repeat Infringers. Dreamlines USA will promptly terminate the ability of users that are determined by Dreamlines USA to be repeat infringers from supplying content to the Service.
- Modification of these Terms.We reserve the right to change these Terms on a going-forward basis at any time. If we make a change to these Terms, we may notify you by sending you an email to the last email address you provided to us (if any) or by posting notice of the changes on the Service. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your assent to the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Term, Termination and Modification of the Service
- Term. These Terms will remain in effect until terminated pursuant to Section 12.2.
- Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Dreamlines USA may, in its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at [email protected]
- Effect of Termination. Upon termination of these Terms: (a) all licenses granted to you under these Terms will terminate and you must immediately cease all use of the Service; and (b) all payment obligations accrued prior to termination and Sections 5.3, 6, 8, 12.3, 13, 14, 15, and 16 will survive.
- Modification of the Service. Dreamlines USA reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Dreamlines USA will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
- Indemnity.To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend, indemnify and hold harmless Dreamlines USA and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Dreamlines USA Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, including any representation or warranty, any agreement referenced in these Terms (including a Product Provider’s terms and conditions), or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party, including any Product Provider. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Disclaimers; No WarrantiesTHE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DREAMLINES USA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, THE SERVICE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DREAMLINES USA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DREAMLINES USA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.DREAMLINES USA IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE MATERIALS DISPLAYED ON THE SERVICE (INCLUDING ANY THIRD PARTY CONTENT). DREAMLINES USA DOES NOT PROVIDE, OWN, CONTROL OR ENDORSE ANY PRODUCTS. IT IS THE SOLE RESPONSIBILITY OF THE PRODUCT PROVIDER OR ITS PARTNERS, AFFILIATES, OR AGENTS TO PROVIDE THE PRODUCTS.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR DREAMLINES USA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE DREAMLINES USA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY PRODUCT PROVIDER.THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.NOTWITHSTANDING THE FOREGOING, DREAMLINES USA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT DREAMLINES USA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DREAMLINES USA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE PRODUCTS, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DREAMLINES USA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.EXCEPT AS PROVIDED IN SECTION 16.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DREAMLINES USA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS (INCLUDING WITH RESPECT TO ANY CRUISE), WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT RECEIVED BY DREAMLINES USA FOR THE PRODUCT GIVING RISE TO CLAIM; OR (B) $100.ANY DISPUTE YOU HAVE WITH A PRODUCT PROVIDER IS DIRECTLY BETWEEN YOU AND THAT PRODUCT PROVIDER, AND YOU IRREVOCABLY RELEASE THE DREAMLINES USA ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Dispute Resolution and Arbitration
- Generally. In the interest of resolving disputes between you and Dreamlines USA in the most expedient and cost-effective manner, and except as described in Section 16.2, you and Dreamlines USA agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DREAMLINES USA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Dreamlines USA will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Dreamlines USA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Dreamlines USA’s address for Notice is: Dreamlines USA, LLC, 5550 Glades Road, Suite 500, Boca Raton, FL 33431. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Dreamlines USA may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Dreamlines USA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Dreamlines USA in settlement of the dispute prior to the award, Dreamlines USA will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- Fees. If you commence arbitration in accordance with these Terms, Dreamlines USA will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Broward County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Dreamlines USA for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND DREAMLINES USA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dreamlines USA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If Dreamlines USA makes any future change to this arbitration provision, other than a change to Dreamlines USA’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Dreamlines USA’s address for Notice of Arbitration, in which case your account with Dreamlines USA will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
- Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and Dreamlines USA submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Palm Beach County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service.
- Contact Information. The Service is offered by Dreamlines USA, LLC, located at 5550 Glades Road, Suite 500, Boca Raton, FL 33431. You may contact us by sending correspondence to that address or by emailing us at [email protected] You can access a copy of these Terms by clicking here.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
- International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
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