Service and Site Terms and Conditions
These Terms and Conditions for Site and Service Usage apply to Divas On Vacation and Diva Movement.
By joining Divas On Vacation/Diva Movement, you confirm that you have read these Terms of Use and Privacy Policy herein and agree that the terms of such policy are reasonable and satisfactory to you.
These Terms and Condition cover the following:
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIVAS ON VACATION/DIVA MOVEMENT, INCLUDING ITS EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Covered Party is defined as (a)Divas On Vacation/Diva Movement founder, partners, associates, affiliates, and any officer, director, employee, subcontractor, agent, successor or assigned thereof; and (b) each third party vendor, service provider and/or supplier of materials. Further, to the extent permitted by law, the Covered Parties and Divas On Vacation/Diva Movement accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Divas On Vacation/Diva Movement for making a reservation. Some states, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
Indemnification
You agree to defend and indemnify Divas On Vacation/Diva Movement, their affiliates, and/or their respective suppliers and any of their employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf in excess of the liability described above; or (ii) by third parties as a result of:
a. your breach of this Agreement
b. your violation of any law or the rights of a third party; or
c. your use of this Site
Privacy Policy
We collect information from you when you register on our site and fill out your application. We use your information to personalize your experience, to assist you with customer service needs, to assist us in providing services and options, to contact you electronically, and to process transactions. We do not sell any personal information. We will not share any personal information about you to any outside organization without your express written permission. By using our site, you consent to our privacy policy. If changes are made to these privacy policies, those changes will be updated on this page. Divas On Vacation/Diva Movement makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Divas On Vacation/Diva Movement will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
Disclaimer of Warranties
Divas On Vacation/Diva Movement does not warrant or make any representations that this site will operate error-free or uninterrupted, that defects will be corrected, or that this site and/or its servers will be free of viruses and/or other harmful components. Divas on vacation/diva movement does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this site for any purpose, including software, products, services, information, text and related graphics content.
Divas on vacation/diva movement is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission of travel requests, orders, or any computer virus or other technical defect, whether human or technical in nature.
Third Parties
If you use this Site to register for or on behalf of a third party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any registrations submitted including total charges and performance obligations.
Response to Requests
While Divas On Vacation/Diva Movement will use its good faith efforts to respond to all requests/emails/comments (collectivity “Requests”) no guarantee is made that all Requests will receive a reply. None of the Covered Parties is responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
Modification/Termination of Usage
Divas On Vacation/Diva Movement reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Divas On Vacation/Diva Movement shall not be liable to you or any third party for any termination of your access to this Site.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Divas On Vacation/Diva Movement does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites.
Ocassionally, we may include or offer third party products or services on our website. These third party websites have separate and independent privacy policies. Therefore, we have no liability for the content of these linked sites
If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Divas On Vacation/Diva Movement's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
Electronic Notification
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail
International Use
Accessing materials on this Site by certain persons in certain countries may not be lawful, and Divas On Vacation/Diva Movement makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States, other than the countries listed here. If you are located in a country other than the counties listed here, you must not transact business with this Site. ALL TRANSACTIONS WILL BE PROCESSED IN UNITED STATES CURRENCY ONLY. A VALID CREDIT CARD IS REQUIRED CONTAINING UNITED STATES CURRENCY ONLY.
Feedback Modules Terms of Use
These Terms and Conditions of Use apply to you when you view, access or otherwise use the blogs or forums located on www.DivasOnVacation.com (S.H.A.R.E.[Blogs] and BABYSteps for Life Challenges [Forum] and You Write It, and any other Blog or Forum within the site, collectively “Feedback Modules”). These Feedback Modules are owned by Divas On Vacation/Diva Movement. We provide these Feedback Modules for general informational and recreational purposes only. Divas On Vacation/Diva Movement assumes no liability for the practice of any advice, suggestions and/or recommendations provided by its members. The opinions expressed through or on these Feedback Modules are the opinions of the individual author and may not reflect the opinions of Divas On Vacation/Diva Movement and its individual members.
We welcome your participation in blog comment threads. In order to keep the experience a positive one for all of our users, we ask that you follow the rules outlined below. By submitting comments and feedback on Divas On Vacation/Diva Movement, you are consenting to the following rules:
- A. Links to Other Blogs, Web space and/or Materials: Links may appear on the blogs that may be used to link to other blogs, websites, or resources. These links are provided solely as a courtesy to our members by our members. Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of Divas On Vacation/Diva Movement. Divas On Vacation/Diva Movement has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites and is not responsible for and does not endorse in any way the materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. Divas On Vacation/Diva Movement does not warrant that any information is complete or accurate or that any information or links provided are free of rogue programming. If you decide to access any of the linked sites, you do so entirely at your own risk. Divas On Vacation/Diva Movement reserves the right to terminate any link at any time.
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B. Property Rights: All comments, feedback, recommendations, suggestions and ideas disclosed, submitted or offered to a Divas On Vacation/Diva Movement in connection with your use of this Site (collectively, "Comments"), shall be the property of Divas On Vacation/Diva Movement. By posting content, you are indicating your consent to the Divas On Vacation/Diva Movement's use of your Comments. For example, your Comments could be used on this Site and in radio, television, and print advertisements. No Divas On Vacation/Diva Movement is under any obligation to maintain your Comments in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
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C. Posted Content: You may not post content that is libelous, defamatory, obscene, abusive, that violates a third party’s right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate. Furthermore, you may not post content that degrades others based on gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Language intended to intimidate or to incite violence will not be tolerated. By posting material on the blog comments, you represent that you have the legal right to reproduce, adapt, display, and distribute this material to others. Divas On Vacation/Diva Movement will not be held responsible for posted information that may infringe on a third party’s copyright, trademark, or other intellectual property rights. You understand and agree that Divas On Vacation/Diva Movement may modify and republish the content of your comments. Divas On Vacation/Diva Movement may monitor user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason. By posting, you agree that your comments may be republished by Divas On Vacation/Diva Movement online and in print.
- D. Prohibited Actions: You agree not to interrupt, or attempt to interrupt, the operation of the Feedback Modules in any way. Unauthorized use or modification of any information stored within the Feedback Modules may result in criminal and/or civil prosecution under federal, State and local law. You may not use the Feedback Modules for anything other than a lawful and legitimate purpose. You agree not to use the Feedback Modules to carry out any unauthorized alteration of any data or information on the Feedback Modules or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity.
- E. Right to Refuse: Divas On Vacation/Diva Movement reserves the right to limit or deny your access to the Feedback Modules or take other appropriate action if you violate any provision of these Site Terms and Conditions of Use. Additionally, limitations will be applied if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
VACATION TRAVEL
Travel Service Limitation of Liability
THE AIRLINES, HOTELS, RENTAL CAR COMPANIES AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE SITE (COLLECTIVELY, "TRAVEL SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
Vacation Registration Terms of Use
You may only use this Site to make legitimate registrations/requests (each a “Requests”) to purchase the products and/or services offered and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur because of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and submit complete and accurate information in order to register for any vacation relative to your desired travel package. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the full extent of the law.
By using this Site you are authorizing us to charge your credit/debit card for the agreed upon amount of your trip once you have confirmed that the price is acceptable for your travel. Once you notify us on this Site, verbally by phone, email, or in person, we reserve the right to process your transaction in addition to any fees that may be required by our host company.
- A. Airline Service Restrictions
Airline tickets reserved by Divas On Vacation/Diva Movement are subject to the published conditions of carriage and rules of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time - schedule changes can result in an itinerary that falls outside of contractual agreements. The traveler is responsible for taxes, tolls, transfer fees and applicable baggage fees for each airline.
- B. Hotel Service Restrictions
Hotel room bookings made available through Divas On Vacation/Diva Movement are subject to the disclosed terms and conditions of the applicable hotel.
i. Charges for Taxes and Service Fees: In connection with facilitating your hotel transaction, we will charge your method of payment for Taxes and for Service Fees. This charge includes an estimated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we estimate and include in the charge to you. The balance of the charge for Taxes and Service Fees is a fee we retain as part of the compensation for our services as well as compensation to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Service Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel where you will be staying as well as the hotel brand and amenities. We are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.
ii. Hotel Resort Fees: Depending on the city and property you stay in, you may also be charged resort fees or other incidental fees, such as parking charges. These charges, when possible, will be built into your package price, however, when not possible will be payable by you to the hotel directly at checkout. When you check in, a credit card or, in the hotel's discretion, a debit card will be required to secure these charges and any incidental fees (phone calls, room service, movie rentals, etc.) that you may incur during your stay. Debit cards are charged upon check-in for at least the cost of the stay. Divas On Vacation/Diva Movement is not responsible for charges made to your Debit Card and will not be liable for any insufficient fund fees by attendee’s bank.
- C. Late Arrival and Failure to Check-in on First Night: If your hotel arrival is going to be delayed or find that you cannot check-in on the date you requested, you should contact the hotel to let them know. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled and you will not be entitled to a refund.
- D. Special Needs: If you have special needs (e.g., wheelchair accessible room), you must call the hotel and verify that special needs can be met. Your hotel reservation will be refunded, canceled or modified if special disability needs cannot be met.
- E. Must be 21 Years of Age: The guest on the reservation must be 21 years or older to check into the hotel.
- F. Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to Divas On Vacation/Diva Movement hotel packages. Each property may have different rules and regulations, which will be made known to you prior to arrival.
- G. Vehicle Rentals: Event attendees are responsible for their own vehicle rental and are subject to standard rental contracts of the car rental companies, which will be completed by you at the time of pick-up of a vehicle.
- H. Vacation Package Restrictions: Vacation packages available through this Site will be subject to the published conditions of carriage and, as applicable, rules of the applicable airline, hotel or attractions and services provider. The following restrictions will apply:
i. Any package including an airline ticket purchase is subject to the restrictions listed in the Airline Service Restrictions section above;
ii. Any package including a hotel purchase is subject to the restrictions listed in the Hotel Service Restrictions section above;
iii. Any package including a tour or attraction is subject to the restrictions set forth by the tour and attraction provider, not Divas On Vacation/Diva Movement.
Pricing Errors
We endeavor to publish and maintain accurate prices and information for the services we reserve. Our suppliers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our suppliers, we retain the right to refuse or cancel any orders placed for such service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled because of incorrect supplier information, we will promptly issue a refund in the amount of the charge. (This refund may take 5-7 days through regular mail for receipt).
Passports, Visas, and Hazards
We have no special knowledge regarding foreign entry requirements such as the need for passports and visas, unsafe conditions, health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. For foreign entry requirements, go to travel.state.gov/travel/foreignentryreqs.html. For State Department travel warnings and advisories, go to travel.state.gov/travel/warnings.html. For foreign health requirements and dangers, go to www.cdc.gov/travel/index.htm. Other information relating to particular international destinations can be found at www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.customs.gov. You hereby release the Covered Parties from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
You agree to abide by the terms or conditions of purchase imposed by any Travel Supplier, whether that Travel Supplier is selected by you or by Divas On Vacation/Diva Movement, including, but not limited to, payment of all amounts when due and compliance with the Travel Supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Divas On Vacation/Diva Movement debiting your account for any costs Divas On Vacation/Diva Movement incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.