WEBSITE TERMS OF USE
Effective Date: July 29, 2024
Hello! Welcome to the PrincessPartnerships.com website!
These Website Terms of Use (the “Terms”) govern your use of PrincessPartnerships.com. Before accessing or using the Website (as defined below), please take a moment to read the Terms carefully.
The Terms contain important information about your rights and limitations of liability, including an arbitration agreement and class action waiver. By accessing or using the Website, you agree to be bound by the Terms. If you do not agree with any part of the Terms, then please do not use the Website.
Please also make sure to review the Terms from time to time to review the then-current Terms as we may change or update the Terms at any time by updating this webpage. Your future use of the Website will be subject to the Terms in effect at the time of your use.
Definitions
Please take note of the following general defined words that apply throughout the Terms:
“Website” includes not only PrincessPartnerships.com but also all associated mobile applications and the online services available on the website and in the mobile applications.
“our”, “us”, or “we" refers to Open Network Exchange Inc, an Arizona corporation with its registered address at 7350 N. Dobson Rd., Suite 130 in Scottsdale, Arizona 85256.
“customer”, “purchaser”, “user”, “you”, or “your” refers to you as the user of the Website, or purchaser of any of the goods or services available through the Website.
You agree that:
We retain the right to restrict or limit access to all or part of the Website to anyone at any time for any valid reason, including for violation of the Terms. We also may change or improve any part of the Website from time to time without notice.
The Website is owned and operated by Open Network Exchange Inc.
The content and materials on the Website, including but not limited to text, images, graphics, logos, and trademarks, are proprietary to us, Princess Cruise Lines, Ltd. (“Princess”), and our suppliers and providers and are protected by copyright, trademark, and other intellectual property laws.
Except as otherwise stated herein, you may not copy, distribute, modify, or reproduce any part of the Website without our prior written consent. We grant you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license to access the Website and to use the information and services contained herein. Any commercial use, resale, or unauthorized access is strictly prohibited.
The Website may only be used for lawful purposes and only as authorized by us. You agree that the following are prohibited and agree not to use the Website for any of the following:
User submissions to the Website are non-confidential and non-proprietary. By submitting any content, including reviews, comments, or feedback to the Website, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute the content in any media.
Users have no ownership rights to any account with us, or other access to the Website or its features. We may cancel user accounts and delete all content associated with the account at any time, and without notice, including without limitation if we deem that a user has violated the Terms or any applicable law, rule or regulation.
We assume no liability for any information removed from the Website and reserve the right to permanently restrict access to the Website or a user account. We do 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.
Notwithstanding the foregoing, the Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
We welcome all users to explore the Website offerings. The Website follows the official guidance of the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG). For more information please visit the link “Accessibility Policy” on the Website. For any improvements, suggestions, or questions, please email accessibility@onecompany.com.
Your use of the Website is subject to the Privacy Notice as incorporated herein by reference. You consent to the use of your personal information by us and/or our employees, contractors, affiliates, third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Notice. You also fully understand and unambiguously consent to the collection and processing of such information in the United States. As explained in the Privacy Notice, you may opt out of the collection and processing of your personal information by us. 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 the Privacy Notice. To opt out of the collection and processing of your information by Princess please visit Princess’ Privacy Notice.
Unless otherwise stated, prices listed on the Website are in United States dollars. Additional fees may also apply.
The products, services, and prices provided on the Website are subject to availability and may change or be discontinued without notice. In particular, travel product prices and dates are based on space availability, may not be available at the time of booking and are subject to change without notice. Special prices or rates may not be applicable with other offers or promotions. Other restrictions may apply.
All travel providers retain certain rights to increase rates (including, without limitation, taxes, fees, port expenses, gratuities/service charges, and airport charges, government fees, resort fees, upgrades, food and beverage, transfer fees, travel insurance, fuel surcharges, and any other related costs), modify itineraries, change availability, and change and/or discontinue promotions and/or special offers, at any time for any reason.
8. Intellectual Property
Our logos and service names are our trademarks and Princess’ logos and service names are Princess’ trademarks (collectively, the "Marks"). Without prior permission, you agree not to display or use the Marks in any manner.
As between you and us, or you and Princess (or other company whose marks appear on the Website), we or Princess (or another respective company) are the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and the copyright owner or licensee of the Website features, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (collectively the “Content”), Marks, and/or information on the Website, unless otherwise indicated.
Any commercial use of the Website, the Content, and/or the Marks 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 us. If you make use of the Website, 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 Website including, without limitation, all Website 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 us or other entities. Such trademarks, service marks and trade names, including those listed below, may be registered in the United States and internationally.
2. Claims of Copyright Infringement
We respect the intellectual property of others. If you believe that any material on the Website infringes on any copyright that you own or control, or that any link on the Website directs you to another website that contains material that infringes on any copyright that you own or control, please let us know by filing a notification of such infringement with our us to have the material removed or otherwise blocked from access.
Notice of claims of copyright infringement on the Website can be sent by mail to:
By Mail:
Open Network Exchange
Attn: PrincessPartnerships.com Legal Department
7350 N. Dobson Rd., Suite 130
Scottsdale, AZ 85256
This contact information is provided exclusively for notifying us 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 the Website.
Notifications of claimed copyright infringement must include the following information in order to be effective:
The Website may contain links to third-party websites that are not under our control. We are not responsible for the content or practices of these websites. The inclusion of any links does not imply endorsement by us.
Permission must be granted by us for any type of link to the Website. To seek our permission, you may write to us at
Open Network Exchange
Attn: PrincessPromotions.com Legal Department
7350 N. Dobson Rd., Ste. 130
Scottsdale, AZ 85256
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 Website, at our discretion at any time.
10. Accounts and Passwords
To participate in certain areas of the Website, you will need to register for an account.
You agree to
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Website. We are not liable for any loss that you or a third party may incur arising from your inability or failure for any reason to comply with any of the foregoing obligations including, but not limited to, non-receipt of products purchased by you if your mailing address or other information associated with your account is invalid or incomplete. 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 the Terms, or any applicable law, then we may suspend or terminate your account. Weare not responsible for any delay in shutting down your account after you have reported a breach of security to us.
You agree to defend, indemnify and hold us, Princess, the third-party providers, our affiliates, and our respective directors, officers, employees, contractors and agents (“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 the Terms, your use of the Website, 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 Website by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party’s proprietary rights.
YOU UNDERSTAND AND AGREE THAT:
We make no representations about the reliability of the features of the Website, the Content, user submitted content, or any other Website feature, and disclaim all liability in the event of any inaccuracy or service failure. You acknowledge that any reliance on such material or systems will be at your own risk. We make 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. We are 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 us any information or posting information to the Website. We make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Website. The Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE WEBSITE, 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. WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE WEBSITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF US.
We operate and maintain the Website, but all travel services are provided to you by travel providers and all other products are provided to you by independent suppliers.
To the maximum extent permissible by law, and as described in the Product and Service Specific Terms and Conditions section above, we and our subsidiaries and affiliates shall not be liable for any of the travel services provided to you by travel providers or for any of the products provided to you by independent suppliers.
In no event shall we, our affiliates, or our respective directors, officers, employees, agents, or content or providers be liable for any of the following even if we or our representatives have 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 our negligent, fraudulent or reckless act(s) or intentional misconduct. In no event shall the total liability of us 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 Website exceed, in the aggregate, $100.
We do not represent that materials on the Website are appropriate or available for use in locations outside of the United States. Persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws.
Use of the Website, the Terms, all applicable terms and conditions, and the Privacy Notice shall be governed by and construed in accordance with Arizona 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 the Website, the Terms, applicable terms and conditions, or the Privacy Notice shall be pursued only in Maricopa County, Arizona, and you hereby consent to the personal jurisdiction in such venue.
By using the Website, you agree to arbitrate any and all disputes, claims or controversies whatsoever between you and us, whether based on contract, tort, statutory, constitutional, legal or regulatory or any other rights, arising from or relating to this Agreement or the Program or otherwise arising from our relationship hereunder, whether characterized as violations of civil rights, discrimination, consumer protection, rights of privacy, data protection or otherwise, shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to the foregoing jurisdiction over you personally and waive any objection to arbitration as the exclusive means by which disputes hereunder shall be resolved and any right to object or claim that conducting the arbitration in Maricopa County, Arizona is an inconvenient or inappropriate forum. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
Consistent with the AAA rules, the arbitration proceeding shall be governed by the Federal Arbitration Act (“FAA”) and a final judgment upon any award rendered by the arbitrator, consistent with the requirements and terms and conditions of this Agreement, may be entered by any court having jurisdiction over the parties or the subject matter of the dispute. Either party may elect to participate in the arbitration telephonically or by other digital means. Except to the extent the parties' procedural or substantive rights are governed by the FAA and any Federal common law relating to arbitration, the interpretation and enforcement of the terms and conditions of the Terms, the arbitration proceedings and any award rendered as a result thereof, shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules that would result in the application of any other laws.
You agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, consistent with the class action waiver provisions of the Terms below and the arbitrator shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis. You further agree that: (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; and (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award.
Except as otherwise expressly provided in the Terms, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award.
Notwithstanding anything to the contrary in the Terms, each party has and reserves the right to seek equitable relief, including restraining orders and injunctions available to the parties, in circumstances where such relief is necessary and available to protect the interests of a party and avoid imminent and irreparable harm where money damages will not be an adequate remedy. Instituting an action for any such equitable relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration or of any other right or remedy permitted hereunder.
WAIVER OF CLASS ACTION: THE 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 US, PRINCESS, OR OUR AFFILIATES 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.
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Website.
Contacting Us
To contact us with any questions or concerns in connection with the Terms or the Website, or to provide any notice to us under the Terms, please contact us at:
Open Network Exchange
Attn: PrincessPartnerships.com
7350 N. Dobson Rd., Suite 130
Scottsdale, AZ 85256
Tel: (888) 403-0843
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, the Terms and Privacy Notice, and any applicable terms and conditions constitute the entire agreement between you and us pertaining to and governing your use of the Website. You also may be subject to additional terms and conditions that are applicable to certain parts of the Website.
We reserve the right to modify the Terms at any time without prior notice. Any changes will be effective upon posting the updated terms on the Website.
We may use contractors or affiliates that are under common control or ownership with us, to perform services for you on our behalf. By continuing to use the Website, you agree and consent to our use of contractors or affiliates to perform such services on our behalf.
You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of the Terms or your use of the Website.
Any claim or cause of action you may have with respect to us or the Website must be commenced within one (1) year after the claim or cause of action arose.
Our failure 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.
The Terms are effective until terminated by us, for any reason, with or without notice. Upon termination, you must discontinue the use of the Website, destroy all materials obtained from the Website and all copies thereof, whether made under the Terms or otherwise.
The Terms inure to the benefit of our successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Open Network Exchange Inc is registered with the State of Florida as a Seller of Travel, Registration No. #ST43055. We are also a registered seller of travel in the following states: Washington UBI #604 664 678, Hawaii #TAR-7441 and California #CST 2147520-50. Registration as Seller of Travel does not constitute approval by the State of California. We are not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. We maintain a Consumer Protection Bond issued by Philadelphia Indemnity Insurance Company in the amount of $100,000.