Discoverweal, Inc. (“Discoverweal”) is the owner and
manager of this Internet site and its contents, which are copyright by US and
international laws. Discoverweal authorizes the download of content for
personal use only, to use as reference material and not for commercial use. All
trade names, trademarks, service marks, and copyrights shown on this Internet
site are also protected by US and international law, and may be subject to
other intellectual property rights reserved by Discoverweal or other third
parties. No right of use or license is granted with respect to these
intellectual property rights. Use of third party tradenames, trademarks,
service marks, and copyrights in connection with Discoverweal is not allowed,
without prior written authorization by Discoverweal.
Discoverweal acts as an independent agent only and has no control or influence
over the performance of the service providers of travel and tourism, including
but not limited to, cruise lines, airlines, railroads, ground transportation
companies, vacation resorts and hotels, tour operators, and independent
contractors. Discoverweal makes no representation or warranty as to these
company's performance.
Discoverweal reserves
the right to increase published fares without prior notice. In the event of an
increase, the Customer has the option of accepting the increased fare or
canceling reservations without penalty. Discoverweal reserves the right to use
any substitute ship or resort in the performance of its contract.
A promotional discount offer (“Deal”) published by Discoverweal is capacity controlled and time limited.
A Deal may be offered, withdrawn or modified at any time without notice. A Deal is valid for new bookings only
and will not be honored on existing reservations. A Deal is offered only for the specific accommodation
category for which it is shown. Unless otherwise specified, no other offers or promotions apply
or can be used in combination with a Deal.
Discoverweal reserves the right to cancel, postpone or change the dates of the
Wellness Vacations (“Vacation”) offered without previous notice up to and
including the dates of cruise embarkation including voyage, resort and hotel
check-in and stay. Discoverweal shall thereupon return to Discoverweal’s
Customer, if the Vacation is completely canceled, his/her passage or
accommodation money, or, if the vacation is partially canceled, a proportionate
part thereof. Under such circumstances, Discoverweal shall have no further
liability for damages or compensation of any kind.
The contents of this
Internet site, written in good faith, have been prepared purely for information
purposes, and as such no representation or warranty, expressed or implied is
made, and no responsibility or liability is or will be accepted by Discoverweal
for the adoption of all or any part of the information presented on this
Internet site. Discoverweal shall not be liable for any failure to timely
update changes in special offers or for the unavailability of special offers.
Discoverweal reserves the right to change or modify any of the information
contained in this Internet site or to the services described therein, without
notice and make no commitment to update such information. DISCOVERWEAL SHALL
NOT BE LIABLE FOR ANY DAMAGES, LOST PROFITS, INJURIES, SAVINGS, OR GOODWILL
RESULTING FROM USE OR INABILITY TO USE INFORMATION PROVIDED FROM THIS SITE.
Discoverweal makes no
representation or warranty as to the completeness or accuracy of the
information contained in this Internet site. Consequently, Discoverweal
encourages validation and verification of this information prior to acting upon
it.
Any and all content of links or references to other Internet sites, provided in
good faith for information purposes, are the responsibility of the owners and
managers of those Internet sites. Consequently, Discoverweal shall not be
liable for any damages or injury arising from the adoption of that content.
Furthermore, the provision of a link or reference to another Internet site does
not constitute an endorsement of the content of those Internet sites by
Discoverweal.
All Wellness Experts,
including but not limited to speakers, authors, consultants, practitioners,
instructors, or other providers of personal wellness services are independent
contractors or their employees. Discoverweal is therefore not responsible for
their actions and their presentations. Furthermore, the invitation for their
participation on Discoverweal’s Vacations does not constitute an endorsement of
their ideas, advice, recommendations, practices, procedures and products
(“Expertise”) by Discoverweal. Adoption of all or any of their Expertise is at
the sole discretion of the Customer, therefore Customers expressly agree that
they do so at their own risk. DISCOVERWEAL WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE ADOPTION OF ALL OR ANY OF THE WELLNESS EXPERT’S
EXPERTISE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. Furthermore, Discoverweal shall not be
liable to the Customer for damages for emotional distress, mental
suffering/anguish or psychological injury of any kind under any circumstances.
The Wellness Experts presence on Discoverweal’s Internet site, use of
Discoverweal signage or clothing or other related trade names or logos by these
independent contractors, does not alter their independent contractor status.
Independent contractors, their employees and assistants are not agents,
servants or employees of Discoverweal and have no authority to act on behalf of
Discoverweal.
The Passenger Ticket Contracts of individual providers’ of transportation,
including but not limited to cruise lines, airlines, railway, ground
transportation companies, will govern the terms and conditions relating to the
carriage of passengers, baggage and cargo. Other service providers indicated on
this Internet site, including but not limited to hotels and resorts and
Wellness Experts, are subject to the third party provider's own terms and
conditions, details of which may be obtained directly from that service
provider.
Disclaimer of Warranties and Limitation of
Liabilities
THIS SITE IS PROVIDED BY DISCOVERWEAL ON AN "AS IS" AND "AS
AVAILABLE" BASIS. DISCOVERWEAL MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. USERS OF
THIS INTERNET SITE EXPRESSLY AGREE THAT THEY DO SO AT THEIR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCOVERWEAL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DISCOVERWEAL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
DISCOVERWEAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISCOVERWEAL WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Jurisdiction and Venue
By visiting Discoverweal, you agree that the laws of the State of Florida,
without regard to principles of conflict of laws, will govern these Conditions
of Use. Jurisdiction and Venue shall lie before the United States District
Court for the Southern District of Florida in Miami, or as to those lawsuits to
which the Federal Courts of the United States lack subject matter jurisdiction,
before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of
the Courts of any other county, state or country. The parties agree to irrevocably waive
any right they may have to trial by jury.