AGREEMENT BETWEEN CUSTOMER AND EMERALD MEMORIES INC DBA TRIPSHOCK!
Welcome to the Emerald Memories Inc DBA TripShock! website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "Emerald Memories Inc DBA TripShock!" refer to Emerald Memories Inc DBA TripShock!, a Florida Corporation. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have an Emerald Memories Inc DBA TripShock! account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any attraction reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, Submissions), you grant Emerald Memories Inc DBA TripShock!, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the Emerald Memories Inc DBA Trip Shock may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on an attraction review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Emerald Memories Inc DBA TripShock! the right to pursue at law any person or entity that violates your or the Emerald Memories Inc DBA TripShock! rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Emerald Memories Inc DBA TripShock! website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Emerald Memories Inc DBA TripShock! may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
You acknowledge that Emerald Memories Inc DBA TripShock! pre-negotiates certain rates with attraction suppliers to facilitate the booking of reservations on your behalf. The rate displayed on the website is a combination of the pre-negotiated rate for activities reserved on your behalf by Emerald Memories Inc DBA TripShock! and the commission retained by Emerald Memories Inc DBA TripShock! to compensate us for our services. You authorize Emerald Memories Inc DBA TripShock! to book reservations for the total reservation price, which includes the rate displayed on the Website plus surcharges. You agree that your credit card will be charged by Emerald Memories Inc DBA TripShock! for the total reservation price. Upon submitting your reservation request you authorize Emerald Memories Inc DBA TripShock! to facilitate attraction reservations on your behalf, including making payment arrangements with attraction suppliers.
You acknowledge that rates and inventory can sometimes be entered incorrectly by suppliers, which will likely void the booking agreement unless other arrangements can be made between you and Emerald Memories Inc. DBA TripShock!. A good faith effort will be made by both the supplier and Emerald Memories Inc. DBA TripShock! to quickly resolve reservations with incorrect rates and inventory.
You acknowledge that Emerald Memories Inc DBA TripShock! does not collect taxes for remittance to applicable taxing authorities. The taxes on prepaid attraction transactions are a recovery of the estimated transaction taxes (e.g. sales and use, excise tax, value added tax, etc) that Emerald Memories Inc DBA TripShock! pays to the attraction supplier in connection with your attraction reservations. The attraction suppliers invoice Emerald Memories Inc DBA Trip Shock for tax amounts. The attraction suppliers remit applicable taxes to the applicable taxing jurisdictions. Emerald Memories Inc DBA TripShock! does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Emerald Memories Inc DBA TripShock! to the attraction suppliers may vary from the surcharges amount, depending upon the negotiated rates, taxability, etc. in effect at the time of the actual use of the attraction by our customers. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of attraction reservation.
You may cancel or change your prepaid attraction reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the attraction reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the property or attraction you reserved, which varies prior to your date of arrival, you will be subject to a charge of applicable rates and surcharges. In the event you do not show for your reservation, the total charge will be forfeited.
You agree to pay any cancellation or change fees that you incur. In limited cases, some properties or attractions do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the attraction reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid attraction reservations.
Promo codes may be revoked or discontinued at any time. Promo codes cannot be applied to past orders. Emerald Memories Inc. DBA TripShock reserve the right to cancel and refund reservations in full if a promo code is used in error. Please contact Tripshock for any information pertaining to promo codes.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Emerald Memories Inc DBA TripShock! urges customers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, EMERALD MEMORIES INC DBA TRIP SHOCK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, THE EMERALD MEMORIES INC DBA TRIP SHOCK DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ATTRACTION AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF ATTRACTION AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, EMERALD MEMORIES INC DBA TRIP SHOCK EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
ATTRACTION RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE EMERALD MEMORIES INC DBA TRIP SHOCK DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE EMERALD MEMORIES INC DBA TRIP SHOCK AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE EMERALD MEMORIES INC DBA TRIP SHOCK AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
THE EMERALD MEMORIES INC DBA TRIPSHOCK! COMPANIES AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE EMERALD MEMORIES INC DBA TRIPSHOCK!. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE EMERALD MEMORIES INC DBA TRIPSHOCK! AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE EMERALD MEMORIES INC DBA TRIPSHOCK! AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE EMERALD MEMORIES INC DBA TRIP SHOCK AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE ATTRACTIONS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE EMERALD MEMORIES INC DBA TRIPSHOCK!. THE EMERALD MEMORIES INC DBA TRIPSHOCK! ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE EMERALD MEMORIES INC DBA TRIPSHOCK! HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE EMERALD MEMORIES INC DBA TRIPSHOCK! AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE EMERALD MEMORIES INC DBA TRIPSHOCK! AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, the Emerald Memories Inc DBA TripShock! or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Emerald Memories Inc DBA Trip Shock and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Emerald Memories Inc DBA TripShock! in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Emerald Memories Inc DBA TripShock! and/or their respective suppliers.
You agree to defend and indemnify the Emerald Memories Inc DBA TripShock!, and/or their respective suppliers and any of their officers, directors, 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 by third parties as a result of:
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Emerald Memories Inc DBA TripShock!. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software") is the copyrighted work of the Emerald Memories Inc DBA TripShock! and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Emerald Memories Inc DBA TripShock! and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©TripShock!, All rights reserved. Emerald Memories Inc DBA TripShock!, is not responsible for content on websites operated by parties other than Emerald Memories Inc DBA TripShock!.
If you are aware of an infringement of our brand, please let us know by e-mailing us at [email protected].
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Walton County, Florida, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and Emerald Memories Inc DBA TripShock! as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Emerald Memories Inc DBA TripShock! with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Emerald Memories Inc DBA TripShock! with respect to this Website. 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.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
SELLER OF TRAVEL
Emerald Memories Inc DBA TripShock! is a registered seller of travel in each of the states listed below:
Florida registration number: #ST37752
CREDIT CARD DISPUTES
Emerald Memories Inc DBA TripShock! will respond to all credit card disputes with the necessary documentation in a timely manner. If the customer is granted a return of monies for services that were rendered, TripShock! reserves the right to pursue legal action or submit the unpaid bill to debt collectors in attempt to receive owed funds.
Customer communication via phone is recorded and may be reviewed in a pending credit card dispute.
For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at:
Attn: Customer Service Emerald Memories Inc DBA Trip Shock, PO BOX 2309 Santa Rosa Beach, FL 32459
Revised January 30th, 2019 ©2019 Emerald Memories Inc DBA TripShock!, All rights reserved.