TERMS AND CONDITIONS OF USE
Effective date: February 2018
Thank you for visiting our westmarkhotels.com website (“Site” or “Sites”) or any other Westmark Hotels site or mobile applications or online services which are owned and operated by Princess Cruise Lines, Ltd. (“Princess”). You should not access this Site, or mobile applications, or use our services until you have read and agreed to these Terms and Conditions of Use (the “Terms”).
1. Use of this Site
We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
Princess provides you with access to and use of the Sites, mobile applications or online services subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
2. User Age and Access
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you do not qualify, you may not use the Site. You warrant that you are a United States resident, and that you are eighteen (18) years of age or older.
The Site, including all of its contents, such as text, images, the HTML used to generate the pages, Content as defined below (collectively, with Princess Marks, “Materials”) and Princess Marks (as defined herein), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Princess. Nor may you use the Content in any publications, public performances, in connection with any products or services that are not those of Princess, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Princess and/or its licensors, that dilutes the strength of Princess’ or its licensor’s property, or that otherwise infringes Princess’ or its licensors’ intellectual property rights. We grant you a limited, personal, non-exclusive, non-sub licensable, non-transferable license to access our Site and to use the information and services contained here. You further agree to in no other way misuse any Content that appears on this Site.
4. Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site. We have the right to change these rules and/or limitations at any time, in our sole discretion. You agree that you do not have any rights in this Site and that Princess will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated for any reason.
5. Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of Princess. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site (“User Content”). Princess specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the Site’s or Princess networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system;
- Posting material that is tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
- Collecting or storing personal data about other users;
- Uploading, posting, emailing, or otherwise transmitting any advertising or promotional materials or any other form of solicitation or unauthorized communication; and
- Uploading, posting, emailing, or otherwise transmitting any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Princess a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use your User Content (including, without limitation, to modify, publicly perform, publicly display, reproduce, and distribute such User Content) in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, or software programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Site or features therein. Princess may cancel your account and delete all User Content associated with your account at any time, and without notice, including without limitation if Princess deems that you have violated these Terms, the law, or for any other reason.
Princess assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. Princess does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Princess without the prior review and written approval of Princess.
You agree to indemnify and hold Indemnified Parties (as defined below) harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the posting policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Princess or this Site.
6. Web Accessibility
Princess welcomes all guests to explore our cruise vacation offerings. Our websites follow the official guidance of the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG).
7. Security Rules
You are prohibited from violating or attempting to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Princess will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.
8. Privacy & Cookies Notice; User Information
Your use of this Site is subject to the Privacy & Cookies Notice as incorporated herein by reference. You consent to the use of your personal information by Princess and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy & Cookies Notice. As explained in the Privacy & Cookies Notice, you may opt out of this service. Non-personal information you send or communicate to us, such as questions, comments or inquiries, will not be considered personal information and therefore will not be subject to our Privacy & Cookies Notice.
9. Online Booking/Pricing/Cancellation
The pricing and currency set forth on this Site are only applicable to reservations made through the Site. Travel agents and Princess Reservations are not required to honor pricing and currency set forth on this Site.
If you wish to purchase a reservation, or other product or service made available through the Site, you will be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Princess reserves the right not to honor any published prices that it determines were erroneous due to printing, electronic or clerical error. Princess shall have the right to refuse or cancel any bookings made at an incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Princess shall immediately issue a credit to your credit card account in the amount of the incorrect price.
10. International Use
We control and operate the Site from our offices in Seattle, Washington, United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws.
11. Proprietary Rights
As between you and Princess, (or other company whose marks appear on the Site), Princess (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content, Materials, and/or information on the Site, unless otherwise indicated.
Any commercial use of the Site and/or Materials is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Princess. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The information on the Site including, without limitation, all Site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Princess or other entities. Such trademarks, service marks and trade names, including those listed below, may be registered in the United States and internationally.
The Princess logos and service names are trademarks of Princess (the “Princess Marks”). Without Princess prior permission, you agree not to display or use Princess Marks in any manner.
Trademarks and Service Marks.
Alaskan Outfitters, Anytime Dining, Big Ship Choice, Small Ship Feel, Bon Voyage Experience, Caribbean Princess, C.H.E.F. Culinary Heritage of Excellence in Food, Come Back New, Copper River Princess Wilderness Lodge, Coral Princess, Crown Princess, C.R.U.I.S.E. Courtesy Respect Unfailing in Service Excellence, Cruise Personalizer, Cruise Plus, Dawn Princess, Denali Express, Denali Princess Wilderness Lodge, Diamond Princess, Direct to the Wilderness, Emerald Princess, Fairbanks Princess Riverside Lodge, Golden Princess, Grand Adventure, Grand Class, Grand Princess, Island Princess, Kenai Princess Wilderness Lodge, Lotus Spa, Lotus Spa logo, Majestic Princess, Movies Under The Stars, Mt. McKinley Princess Wilderness Lodge, Ocean Princess, OneSource Academy, Pacific Princess, Personal Choice Cruising, Personal Choice Dining, POLAR Online, Princess, the Princess logo, Princess Cays and logo, Princess Cruises, Princess Cruises Ultimate Ship Tour and logo, Princess eZAir, Princess Pelicans and logo, Princess Platinum Vacation Protection, Princess Tours, Princess Vacation Protection, Regal Princess, Remix, Royal Princess, Ruby Princess, Sapphire Princess, Sea Princess, SEAWALK, Sea Witch logo, Shockwaves, Sky Princess, Star Princess, Sun Princess, The Enclave at Lotus Spa, and Welcome to the Circle are registered service marks or trademarks of Princess Cruise Lines, Ltd., its affiliates or its Licensor.
12. Claims of Copyright Infringement
Princess respects the intellectual property of others. If you believe that any material on this Site infringes on any copyright that you own or control, or that any link on this Site directs you to another website that contains material that infringes on any copyright that you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.
The Princess Designated Agent for notice of claims of copyright infringement on its website can be reached as follows:
By Mail: General Counsel
Princess Cruise Lines
450 Third Avenue West
Seattle, Washington 98119
This contact information is provided exclusively for notifying Princess that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this Site.
Pursuant to Title 17, United States Code, Section 512(c)(3), notifications of claimed copyright infringement sent to Princess Cruise Lines’ Designated Agent must include the following information in order to be effective:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Princess to locate the material;
- Your address, telephone number, and, if available, your e-mail address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
13. Links from and to the Site
You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed or controlled by Princess in any way and Princess is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Princess’ endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Princess be liable, directly or indirectly, to anyone for any loss or damage arising from the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that Linked Site’s administrator or Webmaster. Princess reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to Princess. Mailing address: 450 Third Avenue West, Seattle, Washington 98119. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
You agree to defend, indemnify and hold Princess, its directors, officers, employees, agents and affiliates (“Indemnified Parties”) harmless from any and all allegations, demands, claims, liabilities, damages, fines, penalties, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in any way connected with this agreement, your use of the Site, any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Indemnified Parties, the services provided to you, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party’s proprietary right.
15. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
Princess makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Princess makes no representations regarding the amount of time that any Content or User Content will be preserved.
The Internet may be subject to breaches of security. Princess is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Princess any information or posting information to the Site. Princess makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. This Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRINCESS DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PRINCESS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PRINCESS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. PRINCESS IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF PRINCESS.
16. Limitation of Liability
IN NO EVENT SHALL PRINCESS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF PRINCESS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PRINCESS’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. IN NO EVENT SHALL THE TOTAL LIABILITY OF PRINCESS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
17. Dispute Resolution, Binding Arbitration, Class Action Waiver
Use of this Site, these Terms and the Privacy & Cookies Notice shall be governed by and construed in accordance with California state law, without giving effect to any principles of conflicts or choice of law provisions. Any dispute arising out of or relating to use of this Site or these Terms and the Privacy & Cookies Notice shall be pursued only in Los Angeles County, California, and you hereby consent to the personal jurisdiction in such venue. By using this Site, you agree to arbitrate any and all disputes by binding arbitration administered by the American Arbitration Association (www.adr.org).
WAIVER OF CLASS ACTION: THESE TERMS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION AGAINST CARRIER WHATSOEVER SHALL BE RESOLVED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION.
NOR SHALL AN ARBITRATOR HAVE ANY AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SHALL SUCH CLAIM NOT BE SUBJECT TO ARBITRATION.
18. Consent to Processing
By providing any personal information to the Site, all users fully understand and unambiguously consent to the collection and processing of such information in the United States.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice to Princess under these Terms, please contact us at Princess Cruise Lines 450 Third Avenue West, Seattle, Washington 98119, Tel 1-800-PRINCESS (1-844-339-6479).
20. General Information
These Terms, the Privacy & Cookies Notice and the Passage Contract constitute the entire agreement between you and Princess pertaining to and governing your use of the Site, including online cruise and shore excursion bookings. You also may be subject to additional Terms and Conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Princess and you as a result of these Terms or your use of the Site.
Any claim or cause of action you may have with respect to Princess or the Site(s) must be commenced within one (1) year after the claim or cause of action arose.
The failure of Princess to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.
These Terms are effective until terminated by Princess, for any reason, with or without notice. Upon termination, you must discontinue the use of the Site, destroy all materials obtained from this Site and all copies thereof, whether made under these Terms or otherwise.
The Terms inure to the benefit of Princess successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Thank you for visiting our website (“Site”), which is owned by Princess Cruise Lines, Ltd. doing business as Princess Lodges (“PRINCESS”) You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”).