The BabyBoomerTrips.com logo and the products and services described in this Website, including without limitation BabyBoomerTrips.com, are either trademarks or registered trademarks of BabyBoomerTrips.com and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of BabyBoomerTrips.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BabyBoomerTrips.com, and may not be copied, imitated or used, in whole or in part, without the prior written consent of BabyBoomerTrips.com. Other logos, trademarks and service marks depicted on the Website are the property of their respective owners. Users may not use any trademarks, logos, or service marks displayed on the Website, in whole or in part, for any purpose without written permission of BabyBoomerTrips.com or the respective owners. The Website and its content, including editorial, graphics, banners, placement and design, are owned by BabyBoomerTrips.com. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of BabyBoomerTrips.com or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website for personal, noncommercial and informational use only; provided that you may not, without the permission of BabyBoomerTrips.com or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it. Except as otherwise expressly permitted, you may not copy, redistribute, publish, display, or commercially exploit any material from the Website without the express permission of BabyBoomerTrips.com and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or accessing any materials or content featured on the Website. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Website shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use.
Products and Services
With respect to products and services which might be offered for sale by BabyBoomerTrips.com and third parties or throughout the Website: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase. You may also be subject to additional terms and conditions imposed by third party providers, if any, in connection with third party parties or services.
Licenses and Site Access
BabyBoomerTrips.com grants you a limited license to make personal use only of the Website. Such grant does not include, without limitation: (a) any resale or commercial use of the Website or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of BabyBoomerTrips.com or any third party. The right to use the Website is personal to you and is not transferable to any other person or entity.
You may not use, frame or utilize framing techniques to enclose any BabyBoomerTrips.com trademark, logo or other proprietary information (including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page) without BabyBoomerTrips.com's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a BabyBoomerTrips.com name, trademark or product name without BabyBoomerTrips.com's express written consent. You acknowledge that there are sometimes interruptions in Internet service or events that are beyond the control of BabyBoomerTrips.com, and BabyBoomerTrips.com shall not be responsible for any data lost while transmitting information on the Internet. You acknowledge and accept that the Website may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of BabyBoomerTrips.com, access to the Website may be interrupted, suspended or terminated from time to time.
By accessing or using this Website, you agree to be bound and abide by the following:
1. Not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
2. Not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites;
3. Not to upload, post or otherwise transmit through, on or to this Website any viruses or other harmful, disruptive or destructive files;
4. Not to transmit through, on or to this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not expressly agreed to be part of such mailings; and
5. Not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access.
Further, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account or your point of Website access, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Website.
You are granted a limited, nonexclusive right to create a hyperlink to this Website provided such link does not portray BabyBoomerTrips.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a BabyBoomerTrips.com logo or other proprietary graphic or trademark of BabyBoomerTrips.com to link to this Website without the express written permission of BabyBoomerTrips.com. This limited right may be revoked at any time.
BabyBoomerTrips.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Website, or sites linking to this Website. The linked sites are not under the control of BabyBoomerTrips.com and BabyBoomerTrips.com is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. BabyBoomerTrips.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by BabyBoomerTrips.com of the site or any information contained therein. When leaving the BabyBoomerTrips.com Website, BabyBoomerTrips.com's terms and policies no longer govern, and you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
You agree that any materials, including but not limited to comments, questions, notes, ideas, drawings, plans, original or creative materials or other information, provided by you in the form of email or submissions to BabyBoomerTrips.com, are not confidential and shall become the sole property of BabyBoomerTrips.com. BabyBoomerTrips.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, including but not limited to commercial use, without acknowledgement or compensation to you. The submission of any materials to BabyBoomerTrips.com irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
You agree to indemnify and hold harmless Dunhill Vacations and its parents, subsidiaries, affiliates, officers, directors, employees, agents, subcontractors, third party content providers, merchants, sponsors, licensors, suppliers or any other party involved in creating, producing, transmitting or distributing BabyBoomerTrips.com or related services from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
Disclaimers and Limitations of Liability
THIS WEBSITE, INCLUDING ALL CONTENT, AND ANY SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL DUNHILL VACATIONS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BABYBOOMERTRIPS.COM OR RELATED SERVICES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE BABYBOOMERTRIPS.COM OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BABYBOOMERTRIPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER DUNHILL VACATIONS, NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BABYBOOMERTRIPS.COM OR RELATED SERVICES MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, SERVICE OR MERCHANDISE, OR GUARANTEE ANY CONTENT OR SERVICE, INCLUDING THE ACCURACY OR CORRECTNESS, OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND THAT NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY; AND YOU AGREE NOT TO RELY ON SUCH INFORMATION OR ADVICE. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING WILL NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only within any federal or state court located in Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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