✆: (586) 254-6293 | ✉: email@example.com
BC Travel Company is owned and operated by B.C. Travel Company LLC. This Agreement describes the terms and conditions applicable to the services available through this website. This Agreement describes your responsibilities and, among other things, limits the liability of BC Travel Company. Before submitting an account registration form and/or using any of the services offered on our website, please read all of this Agreement carefully. Your use of this website (the "Site") constitutes your agreement to be legally bound and abide by all terms, conditions and notices contained herein. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE. Additionally, children are prohibited from using this Site.
BC Travel Company reserves the right, in its sole and absolute discretion, to amend this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site.
Part I of these Terms and Conditions applies to all products and services available through the Site. Part II of these Terms and Conditions apply specifically to Hotel Reservations.
PART I General Terms and Conditions
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of BC Travel Company and/or various third party providers ("Providers"). Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
"BC TRAVEL COMPANY" is an existing or pending mark of B.C. Travel Company LLC. Other product and company names identified on this Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site.
It is a violation of law to purchase a product in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the purchase of any product, (ii) that a User will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or nonperformance in connection with or as a consequence of the passage of time to and beyond the year 2000. You expressly agree that the use of this Site is at your sole risk.
General Limitation of Liability
IN NO EVENT SHALL BC TRAVEL COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF BC TRAVEL COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the fee or charge to the User assessed by BC Travel Company for making a Purchase.
Some states, to the extent their law might be deemed to apply notwithstanding the selection of Florida law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
If you use this Site to purchase products or services for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto.
Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described above.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of BC Travel Company and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Websites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Credit Card Submissions
Under no circumstances may a purchase be made by a User utilizing this Site unless the User has provided BC Travel Company with the account number and expiration date of a major credit card.
The captions in these Terms and Conditions are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
These Terms and Conditions, and the related Parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations.
PART II Terms and Conditions that Specifically Apply to Cruise Services
The addresses will be the only recipient of this receipt and terms and conditions and it is the sole responsibility of the addressee to inform all other parties either listed or traveling on the cruise of its contents. Multiple receipts will not be issued. The passenger, by accepting this receipt and making payment towards the cruise noted on the reverse side, acknowledges that they have been advised of these terms and conditions and the importance to Travel Insurance and cancellation penalties, and has read and understands all information included with the receipt. The primary passenger named on the reverse side is solely responsible for conveying this information to all travel companions.
VERIFY ALL INFORMATION FOR ACCURACY:
Please review your confirmation carefully for accuracy & spelling and notify BC Travel Company immediately, within 24hours of booking date, if any changes or corrections are needed. Compare ship, sailing dates, and itinerary on this receipt with the cruise line's current brochure for accuracy.
LEGAL NAMES ARE REQUIRED:
Please note that all passenger names listed must be LEGAL first & last names. It is important that guest names on travel documents (passport, Alien Resident Card, birth certificates, etc.) be identical to those on the cruise, and airlines tickets (if applicable). Otherwise, proof of name change (i.e., a marriage license) AND a valid driver's license or government issued photo ID (i.e., U.S. Military ID) may be required to be presented (more information in IDENTIFICATION & PROOF OF CITIZENSHIP SECTION BELOW). Those on honeymoon cruises should consider the fact that their travel documents (proof of citizenship) will be in maiden names and cruise documents must match.
Name change requests (including incorrect legal names or misspellings) that occur within 70 days of sailing departure date are at the discretion of the cruise line AND subject to cruise line imposed fees and/or penalties. Certain restrictions may apply as vendors terms and conditions may vary. All name changes MUST be submitted in writing WITH YOUR SIGNATURE to process. Please contact us immediately if you have any questions regarding this procedure.
CRUISE LINES TERMS & CONDITIONS:
Read Supplier's Brochures carefully. Cruise line brochures contain important information concerning your cruise vacation (i.e. pregnancy & age restrictions, itinerary changes, refusal of passage etc.) Review the cruise line's terms and conditions, particularly policies concerning cancellation penalties as these apply. If applicable, locate your cabin to verify its location and bedding options. Cruise line brochures may be viewed for these terms and conditions on the applicable cruise line's website.
Your payment has been applied on this confirmation. However final approval of this payment is conditional by the cruise line for up to 24 hours after your on-line booking process and acknowledgment of these terms and conditions. We will contact you if your payment was not approved.
Currently BC Travel Company does not charge any processing fees.
No coupons, certificates, vouchers, further discounts or future cruise credits will be applicable at the price on this invoice, unless the comments section states you informed that agent at the time of booking that you have a coupon and/or a future cruise credit. BC Travel Company reserves the right to re-fare your cruise as any additional discounts of any kind, including future cruise credit or coupons are not combinable with your already reduced rate.
REFARING ORIGINAL PRICE
Any fare reductions that are permitted by the vendor must be done through BC Travel Company and not to the vendor directly. The fare will not incur a processing fee however any amenities given previously will be reduced or forfeited.
Your CREDIT CARD MAY BE AUTOMATICALLY CHARGED on the final payment due date indicated on your confirmation. These final payments are securely faxed to the cruise line and may take up to 17 days (past your payment due date) to be posted to your credit card account. Please do not be concerned, as we will notify you if there are any problems with your final payment. If using a Debit Card please make sure the final payment balance, on your payment due date, is within the bank approved credit limit- regardless of your account balance. If you wish to make final payment by a method other than the credit card on file, you should contact us at least 7-10 days prior to your due date. Personal Checks are not accepted as a form of payment. BC Travel Company accepts Visa, MasterCard, Amex, Discover, Cashier's Checks, & Money Orders according to each supplier acceptance.
All travel documents are done electronically and will be emailed to the email address on this invoice. There are certain vendors that do not supply electronic documents and for those bookings the documents will be mailed directly to the address listed on this invoice approximately 2 to 3 weeks prior to departure. Passengers that request paper tickets when electronic tickets are available will be charged a re-issuing fee by the vendor and a $10 mail fee by BC Travel Company.
PIER IDENTIFICATION & PROOF OF CITIZENSHIP:
In accordance with the post 9/11, Congressionally passed US Border Security Act; the Advance Passenger Information System (APIS) reporting has been implemented by most cruise lines.
All passengers will be required to complete online pre-registration information, if applicable to your cruise line, as well as present all required documentation at the port on embarkation/sailing day.
All cruises require proof of citizenship, mainly in the form of a passport and some may also require VISAS and certain health inoculations. It is your responsibility to ask an agent if you need any special documentation to travel on your cruise. If in doubt as to what may be required, contact your cruise specialist or you may contact the Customs Department, cruise line or air line directly. It is ultimately the responsibility of the traveler to find out in advance what is needed for them to travel. Because there may be time restrictions on receiving the proper paperwork we recommend checking before purchasing your travel arrangements. Failure to have proper documentation, visas or inoculations may result in your being denied boarding. Should you be denied boarding BC Travel Company will not be held responsible as it is the travelers responsibility to inquire about and obtain passports / visas / inoculations. Non-US citizens must check with their consulate for requirements. ***Any sailings on or after December 31, 2007 will have requirement changes concerning proper documentation for all passengers traveling to all destinations, for the most up to date information visit www.dhs.gov *** Most cruise lines require immigration information forms to be filled out prior to receiving travel documents. To do this visit the cruise line's website. For any questions on this please contact your agent. We will not be responsible for delay in documentation due to the forms not being filled out or filled out properly.
URGENT - PRE-REGISTRATION REQUIREMENTS:
PLEASE NOTE: PRE-REGISTRATION MAY CURRENTLY NOT BE APPLICABLE TO SOME CRUISE LINES. However, please be advised that pier documentation requirements are applicable to ALL Cruise lines.
You are REQUIRED to complete this pre-departure information on the cruise line website, IF APPLICABLE, and we recommend that you printout a copy to present at port embarkation on your sailing departure day. BC Travel Company or the cruise line will contact you ONLY if your APIS form is required and has not been received or is not completed properly. Printing out the registration information is your confirmation of pre-registration unless you are contacted. Again, you will ONLY be contacted if the form has not been received, lost, or not completed properly. FAILURE TO COMPLETE THE APIS FORM, IF REQUIRED, MAY RESULT IN THE CRUISELINE NOT ISSUING YOUR CRUISE DOCUMENTATION.
Please remember that the following documents are REQUIRED for your cruise. Failure to comply may result in the Cruise Line's refusal to allow you to board the vessel & no refund of the cruise fare will be issued by the cruise line.
1. US Citizens: Caribbean, Alaska, Bermuda, Mexican, & most Panama Canal Cruises (exceptions may apply) Birth certificate AND photo ID issued by a government entity (i.e. Driver's License), marriage license(s), or name change documentation OR a valid US passport. NOTE: US LAWS ARE CHANGING AND VALID US PASSPORTS MAY BE REQUIRED AT THE TIME YOU SAIL FOR ANY OF THESE CRUISE DESTINATIONS; IT IS YOUR RESPONSIBILITY TO CHECK IF YOU NEED A PASSPORT BEFORE BOOKING.
2. US Citizens: Other Destinations (incl. Norwegian Cruise Line Hawaiian cruises): a valid US Passport is required
3. U.S. Resident Aliens need a valid Alien Resident Card.
4. Canadian citizens must present a valid passport, OR original birth certificate and government issued photo ID.
5. Non-U.S. or Canadian citizens need a valid passport and a valid, un-expired U.S. Multiple Re-Entry Visa, if applicable. Non-U.S. citizens must contact the appropriate consulates, U.S. Embassy and U.S. Immigration office to inquire about necessary travel documentation. BC Travel Company assumes no responsibility for advising guests of Immigration requirements.
If you have purchased airfare with us through the cruise line, the flight information will not be available until approximately 20 days prior to the sail date. In order to completely confirm any specific flight times, airlines, class of seats, upgrades and flight numbers or be assigned the same flights as traveling companions you will need to pay an air deviation fee imposed by the cruise line as well as possible penalties. All airfare that has not been deviated is at the sole discretion of the cruise line and BC Travel Company will not be held responsible. We can not guarantee that all family members will be on the same flights unless a deviation is purchased from the cruise line; and BC Travel Company will not be responsible for separation of family members / traveling companions or for any flight schedule/time or airline choice at anytime regardless of whether you purchased a deviation or not as we have no control over cruise line air at any time.
BC Travel Company DOES NOT currently charge a cancellation fee but reserves the right to do so should a cancellation or no show occur after final payment that results in a loss of commission. ALL CRUISE LINES HAVE PENALTIES FOR CANCELING OR CHANGING YOUR CRUISE; PENALTIES AND CANCELATION TERMS VARY BY CRUISE LINE AND ITINERARY. FOR DETAILS PLEASE CONTACT YOUR AGENT OR THE CRUISE LINE. BC TRAVEL COMPANY IS NOT RESPONSIBLE FOR THE PENALTIES IMPOSED BY THE CRUISE LINE FOR CANCELLATION REGARDLESS OF INFORMATION GIVEN FOR AMOUNT, TIME OF CANCELLATION OR ANY OTHER REASON AS THIS IS CRUISE LINE REGULATION AND NOT THAT OF BC TRAVEL COMPANY.
BC Travel Company DOES NOT transfer booked/deposited reservations back to the travel supplier or to another agent/agency. If for some reason you no longer desire to have BC Travel Company as the agency on record you may reserve the right to cancel per BC Travel Company cancellation policy.
CHANGE OF CRUISE DATE/SHIP:
Cruise ship/date change requests are considered CANCELLATIONS that are being rebooked. Please be advised that if the change is deemed a cancellation by the cruise line, that you may be subject to penalties imposed by the cruise line as specifically outlined in the terms and conditions section of their brochure. If you require a copy of these terms, please contact the Cruise Line. WE STRONGLY SUGGEST THAT YOU REVIEW THIS PRIOR TO ANY CHANGE.
Travel Insurance is Strongly Recommended. Cancellation & Medical Insurance Protection is an important purchase decision regarding your cruise vacation travel. As your travel agent, we have a professional responsibility to discuss the purchase of cruise insurance to protect both yourself and your vacation. Travel insurance provided protection for the traveler in the event that the trip is canceled due to certain circumstances (for specific inclusions/exclusions, please contact your BC Travel Company Vacation Consultant). Travel Insurance also protects in the event of most medical emergencies, and in many instances, pre-existing conditions are covered if purchased within 14 days of initial trip deposit. Some other benefits may include legal assistance, emergency medical evacuation, medical referrals, and travel document and ticket replacement assistance. By not purchasing Travel Insurance, you are liable for any cancellation penalties and out of pocket expenses incurred and are responsible for your own provisions in the event of an emergency while traveling. Again, we strongly recommend that you review this protection with your Sales Representative/Agent. Please note that if you decline insurance coverage, your confirmation will note, "declined" next to cancellation insurance and you are hereby considered to have waived your right to this important coverage. BC Travel Company shall not be responsible for any injuries, damages, or losses caused to any traveler. If you HAVE purchased Cruise Insurance, expect your policy to arrive within 2-3 weeks. IMPORTANT: If you have not received your policy within 21 days of your booking date, please call us.
Please note that all dinner seating preferences are REQUESTS and that the cruise line will make every effort to honor your preference. Any medically necessary dining change must have a written request and a letter from a doctor.
Please note that if you have chosen a cabin on a "guarantee" basis it will be indicated on your confirmation letter as "unassigned" "run-of-ship" "ros" "guarantee" or "gty.". A cabin guarantee is a reservation for at least that category OR better. No agent at BC Travel Company hereby implies that you WILL attain a cabin better that the minimum category guarantee - other than by chance. Please expect the cabin category as guaranteed and be pleasantly surprised IF your resulting cabin is a higher category. Final assignments of "guarantees" may be at the time of documentation OR ultimately at the pier on day of embarkation. Additionally, if you have chosen a guarantee - please be advised that in bookings consisting of 3-5 people sharing the same cabin, that the cruise line reserves the right to utilize one rollaway to accommodate all guests. Any questions regarding this policy should be immediately reviewed with your Agent or a Manager at BC Travel Company who is acting as an intermediary and agent for the cruise line named on your receipt in selling services, or in accepting reservations or bookings for services that are not directly supplied by this agency (such as air transportation, hotel accommodations, ground transportation, meals, tours, cruises, etc.). BC Travel Company therefore shall not be responsible for breach of contract or any intentional, unintentional or careless actions or omissions on the part of such cruise lines and supplies, which result in any loss, damage, delay, or injury to you, your travel companion(s), or group members. B.C. Travel Company LLC shall not be responsible for any injuries, damages, or losses caused to any traveler. The staff of BC Travel Company continually strives to provide you with the lowest possible price and the quality customer service required to provide you with your best cruise vacation ever. On behalf of the entire staff we thank you for your booking!
BC Travel Company is acting as an intermediary and agent for the cruise line. It is not involved in selling services, or in accepting reservation or bookings for services that are not directly supplied by this agency (such as air transportation, hotel accommodation, ground transportation, meals, tours, cruises, etc.). BC Travel Company therefore shall not be responsible for breach of contract or any intentional or careless actions or omissions on the part of such cruise lines and supplies, suppliers, which result in any loss, damage, delay, or injury to you, your travel companions(s) or group members. BC Travel Company shall not be responsible for any injuries, damages, or losses caused to any traveler. By embarking on his/her travel, the passenger voluntarily assumes all risk involved with such travel, whether expected or unexpected.
The cruise line has reserved the right to cancel or change itineraries at any time.
Passport Online, Inc., ("Passport Online") welcomes you. Passport Online provides content and services available to you on the Passport Online site (http://www.passportonlineinc.com) (or any part thereof), any site that Passport Online hosts (or any part thereof), and any site that uses Passport Online's Web hosting tools and services (the "Sites") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time.
Passport Online respects the intellectual property of others, and we ask our users to do the same. In addition to this Site, Passport Online does host a variety of web sites and provides third parties with Passport Online web hosting services and tools. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, on these Sites, please provide Passport Online's Copyright Agent the following information:
Passport Online's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Passport Online, Inc.
9786 SW Nimbus Avenue
Beaverton, OR, 97008
By phone: 503-626-7766
By fax: 503-626-8676
By email: firstname.lastname@example.org
Passport Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that Passport Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that Passport Online shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
The Sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Passport Online has no control over such sites and resources, you acknowledge and agree that Passport Online is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
Graphic and textual content included with or originating from Passport Online and its associated products may be via direct ownership control or licensed by or to Passport Online, Inc. Use and re-distribution of this content outside of Passport Online and its associated products is expressly prohibited unless specifically authorized in writing.
a. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS; (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PASSPORT ONLINE OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PASSPORT ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Passport Online may provide you with notices, including those regarding changes to the TOS, by posting a revised TOS on this site (http://www.passportonlineinc.com).
The Passport Online trademarks and service marks and other Passport Online logos and product and service names are trademarks of Passport Online (the "Passport Online Marks"). Without Passport Online's prior permission, you agree not to display or use in any manner the Passport Online Marks.
Entire Agreement. The TOS constitutes the entire agreement between you and Passport Online and governs your use of the Sites, superseding any prior agreements between you and Passport Online with respect to the Sites.
Choice of Law and Forum. The TOS and the relationship between you and Passport Online shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Passport Online agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah County, Oregon.
Waiver and Severability of Terms. The failure of Passport Online to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.