Last Updated: 03/07/2019
Ocean Rewards benefits and services provided through the subscription are only available to current residents of the united states at this time who are 18 years or older.
No purchaser should rely upon representations other than those included in this contract.
In some instances, both these Terms and Conditions and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program, including without limitation those additional terms set forth in the Annexes to this Agreement (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms and Conditions, any contest, sweepstakes or other promotion we offer as part of the Program or to Program members, is and will also be subject to separate official rules (“Official Rules”) which will be posted in the Program during the applicable promotion period and which will govern Purchaser’s participation, and our execution, of each such promotion. To the extent there is a conflict between these Terms and Conditions and any Additional Terms, these Terms and Conditions will control unless the Additional Terms expressly state otherwise.
ANNEX A – Additional Travel Products and Services Terms and Conditions.
ANNEX B – Wine Terms and Conditions
ANNEX C – Merchandise Terms and Conditions
Program purchases, benefits and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. (“ICE”), d.b.a. Our Vacation Center (“OVC”) and d.b.a. Ocean Rewards (collectively, “OCR”). OCR is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. ICE is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI #602 443 155 001 0001, Hawaii #TAR- 5192 and California #CST 2066521-50. Registration as Seller of Travel does not constitute approval by the State of California. OCR is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. OCR maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.
Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to Purchaser’s credit/debit card from OVC for both the deposit and any subsequent payments including any booking fees for transactions as identified during the travel purchase.
In order to access or use any of the features of the Program, you will be required to first register for a user account through our registration process that we make available through the OCR Website (defined below) and enroll into a subscription as described in Section 3 below. Once registered, you will have an online account to track your Program activity (referred to herein as “Member Account”). Participation in the Program constitutes Member’s full and unconditional agreement to these Terms and Conditions and Provider’s decisions, which are final and binding in all matters related to the Program. In connection with your Member Account, you agree that: (i) You will provide true, accurate, current, and complete information about yourself in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Member Account – whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your Member Account password and for restricting access to your Device (defined below) so that others may not access the Program or your Member Account using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your Member Account, password, or username, or any other breach of security by calling us at the following phone number: 844-466-2326; and (v) You will not sell, transfer, or assign your Member Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms and Conditions, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Member Account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.
[End of the Subscription Agreement Terms]
Travel, travel provider, and product and service information provided to Purchaser is based on information received from third party providers. While OCR makes reasonable efforts to ensure that this information is accurate and complete, OCR expressly disclaims liability for inaccurate, incomplete, or misleading information.
These Terms and Conditions are subject to change at the discretion of OCR without prior notice. By purchasing products and services through the Program, Purchaser acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions. If any provision in these Terms and Conditions is unenforceable, the unenforceability will not affect the validity of any other provision.
Program purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Failure to adhere to this limitation will result in the termination of OCR Website access benefits, the cancellation of any and all pending travel, and the retention of all payments made by Purchaser up until such prohibited use is discovered by OCR.
Purchaser and OCR are dealing at arms’ length, creating a commercial relationship. OCR is not the Purchaser’s agent or Purchaser’s fiduciary. By purchasing products and services through OCR, Purchaser acknowledges and agrees that no such agent or fiduciary relationship exists between Purchaser and the OCR. OCR and OVC are acting as intermediaries for the provider of any product or service, and for any travel provider in selling services, or in accepting reservations or bookings for services that are not directly supplied by OCR.
All products and services offered through the Program (including travel products such as cruise, resort, hotel, air and ground transportation, tours, etc.) are available for purchase through OCR by Program account holders only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through OCR.
We do our best to describe every item, product or service offered on the OCR Website as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the OCR Website is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, OCR shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from OCR is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
THE PURCHASE OF PRODUCTS AND SERVICES ON THE SERVICES IS SUBJECT TO AVAILABILITY. PRODUCTS AND SERVICES DISPLAYED ON THE OCR WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. OCR RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICES OR BY E-MAIL DELIVERY TO YOU.
The price or rate of products and services listed for each product or service is based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional, unless otherwise stated. Travel product prices or rates are based on space availability and subject to change without notice. Additional fees may apply. Special prices or rates may not be applicable with other offers or promotions. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All prices or rates and dates may not be available at time of booking. All information is subject to change without notice. In addition, all travel providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and changes and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in price or rate imposed by the travel provider will be passed on to Purchaser, and Purchaser agrees to such increase, unless otherwise stated in the terms and conditions of the individual transaction.
All fees and charges are stated and payable in United States Dollars (USD).
Program products and services may be purchased with any valid credit card. Purchaser may purchase products or services with a debit card that displays a Visa or Mastercard logo. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with your credit card or debit card transaction, OCR will make reasonable efforts to contact Purchaser, but OCR reserves the right (without refund or credit) to cancel a confirmed booking if payment is denied by Purchaser’s financial institution. Purchaser will be responsible for any travel provider penalties assessed due to a payment being rejected by Purchaser’s financial institution. Additionally, OCR will assess a $25.00 USD fee per person if any transaction is denied by Purchaser’s financial institution at any time after a deposit is taken; after final payment has been taken, the fee is $50.00 USD per person. To make other final payment arrangements or if Purchaser experiences technical difficulties with the OCR Website and is not sure of the status of a reservation or payment, call OCR customer service for assistance.
In the event that your credit card is declined at the time that OCR attempts to process any payment contemplated by these Terms and Conditions, You hereby authorize OCR to attempt to charge such card for lesser amounts until the charge is accepted. OCR agrees to provide you with pro-rated access to benefits in the event that OCR receives a partial payment as contemplated by this Section. By charging your credit card for a lesser amount than the amount that is due, OCR does not, and shall not be deemed to, waive its right to payment in full for any amounts payable by You to OCR.
THE PROVIDER DOES NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIMS, ANY LIABILITY OR RESPONSIBILITY, WITHOUT LIMITATION, FOR ANY DAMAGE, EXPENSE, INCONVENIENCE, LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY WHILE TRAVELING OR ON ANY AIRCRAFT/SHIP IN TRANSIT TO AND FROM THE TRAVEL, OR FOR ANY CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO NATURE, OIL SPILLS, MECHANICAL BREAKDOWNS, STRIKES, CIVIL UNREST, TERRORISM (OR THREAT OF TERRORISM) OR ACTS OF GOD.
In exchange for the right to participate in the subscription, you agree to indemnify, defend (at our option) and hold the Provider harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your user content; (ii) your use of the subscription and your activities in connection with the Program; (iii) your breach or anticipatory breach of these Subscription Agreement Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the subscription or your activities in connection with the OCR Website and the Program; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us (including your user content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Provider.
Subscriber represents and covenants to the Provider that Subscriber is not and will not become, an OFAC Prohibited Person, and Subscriber is not acting and will not act as an agent or nominee in connection with this transaction on behalf of an OFAC Prohibited Person. Subscriber agrees to provide Provider at any time during the term of these Subscription Agreement Terms with such information as Provider determines appropriate to comply with the Anti-Money Laundering Laws of the United States and similar laws. Provider may suspend performance under these Subscription Agreement Terms, including Subscriber’s use of Subscription Benefits, while Provider performs investigations of Subscriber to ensure that Subscriber is not an OFAC Prohibited Person. If Provider is unable to determine, in Provider’s sole, unilateral and subjective discretion, that Subscriber is not an OFAC Prohibited Person, Provider may cancel these Subscription Agreement Terms and terminate Subscriber’s Subscription by giving notice to Subscriber. Provider shall maintain any monies paid by Subscriber in connection with these Subscription Agreement Terms in compliance with applicable law.
WASHINGTON RESIDENTS: If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
No oral promises, representations, or statements are part of these Terms and Conditions. Except as provided herein, Provider makes no warranty regarding the Subscription Benefits including the products and services provided by third parties. If any provision in these Subscription Agreement Terms is unenforceable, the unenforceability will not affect the validity of any other provision.
The parties agree that these Terms and Conditions including the subscription, transactions, and use of this OCR Website have a substantial nexus with the State of Arizona, that notices to OCR shall be delivered to OCR at its office in the State of Arizona, and that these Terms and Conditions shall be governed by and construed and enforced in accordance with the internal laws of the State of Arizona without regard to conflicts of law principals.
THE PROVIDER SHALL NOT BE LIABLE FOR AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSONS OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO THE SUBSCRIPTIONS AND SERVICES PURCHASED THROUGH PROVIDER, INCLUDING, WITHOUT LIMITATION, CRUISE AND RESORT CERTIFICATES AND OCEAN POINTS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. PROVIDER PARTIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. THE PROVIDER PARTIES’ COLLECTIVE LIABILITY FOR ANY CLAIM ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF THESE TERMS AND CONDITIONS, ANY SUBSCRIPTION BENEFITS, AND/OR THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO THE SUBSCRIPTION BENEFITS AND SERVICES PROVIDED BY PROVIDER HEREUNDER SHALL BE AND HEREBY ARE EXPRESSLY LIMITED TO $1,000. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS SECTION SHALL EXTEND TO, BENEFIT, AND EXPRESSLY APPLY TO PROVIDER AND ITS AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.
YOU AGREE THAT PROVIDER PARTIES WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY TRAVEL SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN THE EVENT OF NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION OF A TRAVEL SERVICE PROVIDER, YOU AGREE THAT YOUR SOLE RECOURSE SHALL BE TOWARD SUCH TRAVEL SERVICE PROVIDER AND NOT TOWARD US.
ANY DISPUTE OR CONTROVERSY ARISING FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PROGRAM (A “DISPUTE”) SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF COURTS OF COMPETENT JURISDICTION SITUATED IN MARICOPA COUNTY, ARIZONA, AND THE PARTIES HEREBY IRREVOCABLY WAIVE ANY OBJECTION OF FORUM NON CONVENIENS OR OTHER JURISDICTIONAL DEFENSE IN CONNECTION WITH ANY DISPUTE.
NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES IRREVOCABLY WAIVE ANY RIGHT THEY MAY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE AND AGREE TO SUBMIT TO TRIAL BY THE COURT ON ALL ISSUES IN SUCH DISPUTE, AND AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OUT OF, IN CONNECTION WITH OR IN RELATION TO THE SUBSCRIPTION OR OTHERWISE RELATED TO THE PROGRAM SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH AND SUBJECT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). ONE ARBITRATOR WILL BE SELECTED BY THE PARTIES’ MUTUAL AGREEMENT OR, FAILING THAT, BY THE AAA, AND THE ARBITRATOR WILL ALLOW SUCH DISCOVERY AS IS APPROPRIATE, CONSISTENT WITH THE PURPOSES OF ARBITRATION IN ACCOMPLISHING FAIR, SPEEDY AND COST-EFFECTIVE RESOLUTION OF DISPUTES. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE TRIBUNAL’S POWER TO RULE ON ITS OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE TRIBUNAL HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. JUDGMENT UPON THE AWARD RENDERED IN ANY SUCH ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL TAKE PLACE IN MARICOPA COUNTY, ARIZONA. ANY AWARD ENTERED BY THE ARBITRATOR(S) SHALL BE FINAL AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. IN ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OUT OF, IN CONNECTION WITH OR IN RELATION TO SUBSCRIBER’S SUBSCRIPTION, THESE SUBSCRIPTION AGREEMENT TERMS, OR ANY OTHER RELATED AGREEMENT OR INSTRUMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEYS’ FEES.
(A) SUBSCRIBER AND THE PROVIDER PARTIES AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER SUBSCRIBER NOR THE PROVIDER PARTIES WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH SUBSCRIBER OR PROVIDER PARTIES’ ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. SUBSCRIBER AND PROVIDER PARTIES FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SUBSCRIBER, PROVIDER PARTIES, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
(B) IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
A. Content. The OCR Website contains a variety of: (i) materials and other items relating to the Program and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Carnival Corporation (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Program (including past, present, and future versions) and the Content are owned or controlled by Provider (including Carnival Corporation), and/or our licensors and certain other third parties. All Content included on the Program is used with the permission of Provider, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Program is the property of Provider or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Provider grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Provider’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the OCR Website for public or commercial purposes, including the text, images, audio, and video without Provider’s written permission.
D. Rights of Others. When using the OCR Website, you must respect the intellectual property and other rights of Provider and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
E. Copyright Claims. We respect the intellectual property rights of others and asks that you do the same. If you believe in good faith that material or content on the OCR Website infringes your copyrighted work, you (or your agent) may send us a written notice under the Digital Millennium Copyright Act that includes the following information:
Copyright infringement notifications can be sent by email or mail as follows: [email protected] or Attn: IP Counsel, International Cruise & Excursion Gallery, Inc., 7720 N. Dobson Rd., Scottsdale, AZ 85256.
We will not process your notice if it is incomplete. We reserve the right to remove content on the OCR Website alleged to be infringing without prior notice, at our sole discretion. You may wish to seek legal counsel prior to submitting a copyright infringement notification. You could be held liable for alleging false claims of copyright infringement.
These Terms and Conditions in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM AND SUBSCRIPTION MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM OR SUBSCRIPTION UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SUBSCRIPTION (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service each time you use the Subscription (at least prior to each transaction or submission). The revised Terms and Conditions will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms and Conditions that applied when you previously used the Subscription will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Subscription and related services.
You acknowledge that telephone calls to or from us or our service providers may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect by calling us at the phone number listed above or update your account at oceanrewards.com. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to us, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with us. You also agree that we may obtain, and you expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by you directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of us even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that we are not responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls (but not text messages), call 855-678-8731 or email [email protected] Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, account collections, or otherwise relating to your relationship with us. Your obligations under this Section shall survive termination of these Terms and Conditions.
ADDITIONAL TRAVEL PRODUCTS AND SERVICES TERMS AND CONDITIONS
The following terms and conditions apply to purchases of travel products and/or services and in the event of any conflicts between this section and the any other section of the Terms and Conditions, these travel products and/or services terms and shall take precedence and prevail with respect to the purchase of travel products and/or services by Purchasers.
Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by OCR or its assignee (“Booking Confirmation/Travel Receipt”). This document will be sent to Purchaser within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers’ names on the Booking Confirmation/Travel Receipt must accurately reflect their complete legal names as they appear on their respective proof of citizenship documents. It is Purchasers’ sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify the Program customer service immediately if any changes or corrections are needed. Failure to do so constitutes acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.
Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
Identification Documentation. Travel providers may require that Travelers have in their possession proper documentation required by the United States and/or any foreign countries visited. The names on the Booking Confirmation/Travel Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. OCR assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if Travelers fail to bring proper documentation and are refused travel provider service/accommodation.
Travel Documents. Booking Confirmations will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent overnight to the billing address of the credit card provided by Purchaser approximately two (2) weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider’s prior written consent. When a name change is required additional fees may apply. Notify Program customer service immediately if changes or corrections are required.
Travel Warnings. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. OCR urges Travelers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, OCR DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select from the OCR Website. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your reservation if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation. Provider is not liable for any costs incurred due to hotel relocation.
The hotels and other suppliers providing travel or other services on this OCR Website are independent third party providers and not agents or employees of Provider.
We have no special knowledge regarding the suitability for disabled persons of any reservation. For information concerning the suitability for disabled persons for any reservation, contact the travel service provider directly.
You acknowledge that we may pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that we provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the OCR Website may be a combination of the pre-negotiated room rate for rooms reserved on your behalf by us and the facilitation fee retained by us for their services. You authorize us to book reservations for the total reservation price, which includes the room rate displayed on the OCR Website, plus tax recovery charges, service fees, and where applicable, taxes on our services. You agree that your credit card will be charged by our service provider for the total reservation price. Upon submitting your reservation request you authorize us to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g., sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice us for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by us for their services vary based on the amount and type of hotel reservation.
In relation to some travel, purchasers maybe required to be 21 years of age or older. In these situations, guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some travel providers may have additional age related and/or physical restrictions. Please note the terms and conditions on the individual product or service description for more details.
The fees assessed by OCR and/or travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through OCR. Each travel provider has specific cancellation policies and penalties separate and apart from OCR. Travel provider policies may treat name changes and departure date changes as cancellations.
In the event Purchaser must cancel any travel booking, please call the Program’s customer service representative immediately, or in writing, at the following address: OCR Attn: Cancellations, at 7720 N. Dobson Rd., Scottsdale, AZ 85256, or by calling 1-844-OCEAN (844-466-2326). Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is the Purchaser’s responsibility to ensure cancellation requests are properly received by OCR. Refunds may take up to eight (8) weeks from the Cancellation Date.
If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty (30) days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen (14) days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
Travel insurance plans are administered by Customized Services Administrators, Inc., CA Lic. No. 821931, located in San Diego, CA and doing business as CSA Travel Protection and Insurance Services. Plans are available to residents of the U.S. but may not be available in all jurisdictions. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance, in all states, and are not authorized to answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. If you have any questions about your current coverage, call your insurer, insurance agent or broker. This notice provides general information on CSA’s products and services only. The information contained herein is not part of an insurance policy and may not be used to modify any insurance policy that might be issued. In the event the actual policy forms are inconsistent with any information provided herein, the language of the policy forms shall govern.
Travel insurance plans are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231. Generali US Branch operates under the following names: Generali Assicurazioni Generali S.P.A. (U.S. Branch) in California, Assicurazioni Generali – U.S. Branch in Colorado, Generali U.S. Branch DBA The General Insurance Company of Trieste & Venice in Oregon, and The General Insurance Company of Trieste and Venice – U.S. Branch in Virginia. Generali US Branch is admitted or licensed to do business in all states and the District of Columbia.
In states that OCR carries its own producer license, or equivalent, the numbers are (AL 775746; AZ 1099672; CT 2485378; HI 447049; ID 593498; MA 2017779; MI 0111010; MT 100129788; OH 1128528; PA 794952; SC 210204; WV 100231297).
WINE TERMS AND CONDITIONS
The following additional terms and conditions apply to purchases of wine or wine products and services through the OCR Website. In the event of any conflict between this section and any section of the Terms and Conditions, these terms shall take precedence and prevail with respect only to the purchase and shipping of wine or wine products and services by Members.
Providers. Where local law allows, we have chosen WineDirect, Inc., to select the wines and operate the wine benefits program on our behalf. WineDirect, Inc. uses suppliers’ direct to consumer shipping permits and ships in accordance with direct shipping laws for states where we ship. ALL ALCOHOLIC BEVERAGES PURCHASED THROUGH US, ARE SOLD BY THE LICENSED SUPPLIER AS SELLER OF RECORD. We and WineDirect, Inc. make no representation of the legal rights of anyone to ship or import alcoholic beverages into any state. All redemption of Member benefits will be facilitated by us. Due to state laws, wine can be purchased by adults 21 years and older.
Age Restrictions. Members must be at least 21 years of age to purchase wine products and to sign for the delivery of wine products. Proof of age will be required to receive wine shipments. Individuals below the legal drinking age may purchase non-alcoholic products from the OCR Website. Drinking wine may increase risk for cancer, and, during pregnancy, can cause birth defects.
Confidential Information. Members are solely responsible for protecting their usernames and passwords from any unauthorized purchasers including minors.
Sale and delivery. We provide for the sale of wine products and services in the United States and will only be shipped where it is not prohibited by law. Wine Direct does not deliver wine or other alcoholic beverages outside the United States. Sales are subject to all Federal, State and Local laws and regulations regarding the sale and delivery of wine and alcoholic beverages, including the payment of all applicable Federal, State and Local taxes. Members who do not reside in areas where the delivery of wine is legal, or live outside the United States, or reside in areas where we, at our sole discretion elect not to deliver wine, may purchase non-alcoholic products.
Parental Control Protections. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content including alcohol purchases that may be harmful to minors.
No Warranties. To the extent permissible under law, we disclaim any and all warranties, express or implied, for any product or service sold on the OCR Website, beyond warranties provided by the supplier or manufacturer.
Return Policy. Wine is not returnable. In the event a bottle of wine is damaged due to errors in packing or shipping, we reserve the right to either send a replacement bottle or issue a credit for discount towards future purchases equal to the value of the damaged wine.
Wine Price Match Guarantee. The Price Match Guarantee is only applicable against the winery’s price as listed on its web site at the time of purchase or within 24 hours after purchase. You must provide verifiable proof of the lower price, which must be available to the general public. Prices for wine club members, certificate-holders, recipients of e-mails or other restricted sales will not be honored. If you find that the winery is charging a lower price for the exact same product, including vintage, we will issue a credit for the difference in price to the card used to purchase the wine from.
MERCHANDISE TERMS AND CONDITIONS
The following additional merchandise terms and conditions apply to purchases of products and services through Ocean Rewards. In the event of any conflicts between this section and the any section of the Terms and Conditions, these additional product and service terms shall take precedence and prevail with respect to the purchase of merchandise through us.
Sales Tax. We are required by law to collect and remit applicable sales tax to each state for all purchases, including shipping and handling charges. When applicable, sales tax will be automatically calculated during the online checkout process.
Shipping and Handling (S/H). Products may only be shipped to a valid United States address in the contiguous forty-eight (48) States. Shipping and handling charges are automatically calculated on a per-item basis and after Purchaser provides the “Ship To Address” information. We cannot ship to a PO or APO address. We reserve the right to restrict delivery to certain remote locations. Products ordered together may not necessarily ship together. Please allow processing time for all orders. Stock items are shipped via standard ground service within 2-3 business days. For items shipped directly from the manufacturer, (drop ship items), please allow 1-8 weeks for delivery, depending on the item. Some items may take longer for delivery such as Furniture and Large Appliances.
Prices and Expiration. Except where otherwise noted, the displayed list price on the OCR Website may represent the full retail price suggested by the manufacturer and/or supplier; or may be estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The product list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent an “open-stock” price, the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. All prices are subject to change without notice, and we disclaim any such liability or responsibility for rapidly changing prices. In the event of an erroneously published price, we reserve the right to cancel the order.
Products. All items are manufactured by independent suppliers. We and our subsidiaries, affiliates and agents make no guarantees, warranties or representations of any kind, expressed or implied, with respect to suppliers’ items, and shall not be liable for any loss, expense, accident, or inconvenience that may arise in connection with the use of supplier items, or as a result of any defect in or failure of supplier items. Manufacturer’s unforeseen product shortages or technical advances may necessitate the shipment of updated, or a different manufacturer’s updated or similar product, each of which will be of equal or greater value than the product ordered, at no additional cost. Model numbers are included on the product detail page and pertain to the item shown, not the substituted product. Model numbers may be unique to this OCR Website and may not match manufacturer's retail model numbers. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this OCR Website is accurate, complete, reliable, current, or error-free. If a product received is not as described, Purchaser’s sole remedy is to return it in unused condition.
Cancellations. Due to our automated order processing system, we cannot cancel an order; however, we offer a thirty (30) day return policy, from the receipt of order.
Returns. If Purchaser is dissatisfied with a merchandise purchase, Purchaser must return the item in saleable condition, within thirty (30) days of receipt of order. We will gladly exchange the item or credit your account or issue credit to the credit card used for the merchandise purchase. A re-stocking fee may apply and freight charges are non-refundable. Merchandise purchased as a set may not be returned individually. To help us maintain quality standards and understand the reason for the return, we require that Purchaser call our customer service to obtain a Return Authorization number (RA#). All returns should be shipped via the method received, using the RA label provided. We will promptly process the return upon receipt. If Purchaser has misplaced the packing slip, please include a note inside the package with the following information: name, address, order number and items ordered. Please allow a reasonable processing time to process the return and issue a credit. In the rare event the ordered merchandise arrives damaged, please note the damage on all copies of the delivery receipt before signing. Retain a copy of the receipt and call Ocean Rewards customer service immediately. All damages must be reported within 24 hours of receipt.
Merchandise Price Match Guarantee: The Price Match Guarantee applies only to the base cost of the Product, not including taxes, service fees or other charges. Price Match Guarantee does not apply to rates or prices offered on other membership program websites, corporate discounts, military rates or prices, group, negotiated rates or prices, flash sales rewards program, incentive, rates obtained via auction or similar process, available by using a coupon/voucher or other promotion not offered to the general public or a pay in advance coupon/voucher promotion. The lower rate or price may not come from a website where you have to call to get the rate or price, or from an e-mail. The rate or price must be viewable, quoted, booked, and paid for in US dollars (without reference to currency converters). Lower rates or prices do not include errors or mistakes.