Terms and Conditions
Agreement between User and www.nuwavetravel.com
Welcome to www.nuwavetravel.com. The www.nuwavetravel.com website (the "Site") is comprised of various web pages operated by NuWave Travel, Inc. ("NuWave Travel"). www.nuwavetravel.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.nuwavetravel.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.nuwavetravel.com is a Travel Agency Site.
Our website provides travelers with important travel-related resources such as news, destination overviews, current promotions, the ability to communicate with your travel advisor, and communicate with your travel advisor regarding travel requests or current travel bookings.
Visiting www.nuwavetravel.com or sending emails to NuWave Travel constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NuWave Travel is not responsible for third party access to your account that results from theft or misappropriation of your account. NuWave Travel and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
NuWave Travel does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.nuwavetravel.com only with permission of a parent or guardian.
NuWave Travel, INC charges Cancellation Fees based on the following schedule:
•0-60 days of the initial deposit payment date: $50 the supplier's fee, if applicable
•61-90 days of the initial deposit payment date: $100 the supplier's fee, if applicable
•91 or more days after the initial deposit payment date: $150 the supplier's fee, if applicable
**Note: NuWave Travel, INC's cancellation fees are separate from the supplier's cancellation fees. Supplier policies regarding cancellation fees will be relayed in your trip proposal. Cancellation fees must be paid via PayPal in order for NuWave Travel, INC to move forward with cancellation.
Links to Third Party Sites/Third Party Services
www.nuwavetravel.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NuWave Travel and NuWave Travel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NuWave Travel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NuWave Travel of the site or any association with its operators.
Certain services made available via www.nuwavetravel.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.nuwavetravel.com domain, you hereby acknowledge and consent that NuWave Travel may share such information and data with any third party with whom NuWave Travel has a contractual relationship to provide the requested product, service or functionality on behalf of www.nuwavetravel.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NuWave Travel or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NuWave Travel content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NuWave Travel and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NuWave Travel or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your NuWave Travel account to third party accounts. By connecting your NuWave Travel account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by NuWave Travel from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NuWave Travel Content accessed through www.nuwavetravel.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NuWave Travel, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NuWave Travel reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NuWave Travel in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NuWave Travel agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NUWAVE TRAVEL, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NUWAVE TRAVEL, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NUWAVE TRAVEL, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NuWave Travel reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NuWave Travel as a result of this agreement or use of the Site. NuWave Travel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NuWave Travel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NuWave Travel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NuWave Travel with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NuWave Travel with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NuWave Travel reserves the right, in its sole discretion, to change the Terms under which www.nuwavetravel.com is offered. The most current version of the Terms will supersede all previous versions. NuWave Travel encourages you to periodically review the Terms to stay informed of our updates.
NuWave Travel welcomes your questions or comments regarding the Terms:
NuWave Travel, Inc.
137 Montague Street, Ste 248
Brooklyn, New York 11201
Effective as of January 01, 2020
PASSPORT ONLINE TERMS OF SERVICE AGREEMENT
Passport Online, Inc., ("Passport Online") welcomes you. Passport Online provides content and services available to you on the Passport Online site (http://www.passportonlineinc.com) (or any part thereof), any site that Passport Online hosts (or any part thereof), and any site that uses Passport Online's Web hosting tools and services (the "Sites") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time.
ACCEPTANCE OF TERMS
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Passport Online respects the intellectual property of others, and we ask our users to do the same. In addition to this Site, Passport Online does host a variety of web sites and provides third parties with Passport Online web hosting services and tools. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, on these Sites, please provide Passport Online's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Passport Online's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Passport Online, Inc.
9786 SW Nimbus Avenue
Beaverton, OR, 97008
By phone: 503-626-7766
By fax: 503-626-8676
By email: email@example.com
MODIFICATIONS TO THE SITES
Passport Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that Passport Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites.
CONTACTS WITH SITE ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that Passport Online shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
The Sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Passport Online has no control over such sites and resources, you acknowledge and agree that Passport Online is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
GRAPHIC AND TEXTUAL CONTENT
Graphic and textual content included with or originating from Passport Online and its associated products may be via direct ownership control or licensed by or to Passport Online, Inc. Use and re-distribution of this content outside of Passport Online and its associated products is expressly prohibited unless specifically authorized in writing.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS; (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PASSPORT ONLINE OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PASSPORT ONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PASSPORT ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Passport Online may provide you with notices, including those regarding changes to the TOS, by posting a revised TOS on this site (http://www.passportonlineinc.com).
The Passport Online trademarks and service marks and other Passport Online logos and product and service names are trademarks of Passport Online (the "Passport Online Marks"). Without Passport Online's prior permission, you agree not to display or use in any manner the Passport Online Marks.
Entire Agreement. The TOS constitutes the entire agreement between you and Passport Online and governs your use of the Sites, superseding any prior agreements between you and Passport Online with respect to the Sites.
Choice of Law and Forum. The TOS and the relationship between you and Passport Online shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Passport Online agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah County, Oregon.
Waiver and Severability of Terms. The failure of Passport Online to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.