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These Terms of Service are applicable to our website www.alcatrazcruises.com, and the services provided through our website (which are referred to collectively in these Terms of Service as the “Service”). The Service is provided to you by [Alcatraz Cruises, LLC] (referred to in these Terms of Service as “Company,” “we,” “us” and “our”). These Terms of Service contain the terms and conditions that govern your use of the Service, and your use of the Service constitutes your acceptance of and agreement to these Terms of Service.

Notice Regarding Dispute Resolution: This Agreement includes provisions that govern how claims you and we may have against each other are resolved (see Section 7 below), including an agreement and obligation to arbitrate disputes which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration unless you opt-out in accordance with Section 7(e). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis and in arbitration.

1. Affirmative Representations Regarding Your Use of the Service. When you access, visit or use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation, (c) if you purchase tickets or make a reservation through the Service: (i) you are making the applicable reservation or purchase on your personal behalf, or on behalf of your personal friends and/or family, (ii) the payment information you provide, and the associated name, address, phone number, and payment card number can be used to personally identify and/or contact you, and (iii) the e-mail address you provide to us in connection with making a reservation or purchase is unique and personal to you. You will not be permitted to board a ferry, or other applicable mode of transportation associated with a reservation you make through the Service, unless at the time of boarding you provide identification that matches the name of the individual who made the applicable reservation and present the payment card used in connection with the applicable reservation.

2. Prohibited Use of the Service. You may only use the Service as expressly permitted by the Company. Specifically, without limitation, you may not:

  • 해당 이벤트 또는 활동에 대해 명시된 한도를 초과하는 이벤트 또는 활동에 대한 티켓 수를 구매 또는 예약하거나, 본인을 대신하여 또는 그룹을 대신하여 72시간 동안 서비스를 통해 [10] 이상 구매 또는 예약을 하는 경우;
  • 항공권을 대량 구매하거나 재판매하는 등 상업적 목적으로 서비스를 이용하는 행위
  • 지능형 에이전트 또는 봇을 포함한 자동화된 소프트웨어 또는 컴퓨터 시스템을 사용하여 웹 사이트 또는 서비스에 액세스하는 행위
  •  숨겨진 IP 주소 또는 동적 IP 주소에서 서비스에 액세스;
  • 귀하가 서비스에 액세스하는 데 사용하는 실제 IP 주소, 도메인 이름 및 기타 식별 정보를 숨기거나, 마스크하거나, 모호하게 하거나 대체하는 행위
  • VPN에서 서비스에 액세스하거나 프록시 서버를 사용하여 서비스를 통해 티켓을 검색, 예약, 구매 또는 기타 방법으로 획득하는 행위
  • 바이러스 또는 소프트웨어 또는 하드웨어를 방해하거나 손상시키도록 설계된 기타 프로그램이나 기술을 사용하여 서비스를 통해 제공되는 서비스를 방해하는 행위
  • 서비스를 통해 제공된 모든 기술을 수정, 리버스 엔지니어링, 디컴파일 또는 분해하는 창의적인 파생 작업
  • interfere with, or disrupt the access of any user, host or network including, without limitation, sending a virus, overloading, flooding,
    spamming, or scripting in such a manner as to interfere with or create an undue burden on the Service;
  • 서비스를 통해 자동화된 구매를 위해 로봇, 거미 또는 기타 장치 또는 프로세스를 사용하는 행위
  • 여러 전자 메일 주소 또는 가짜 이름 또는 연락처 정보를 사용하여 다른 사람 또는 단체를 사칭하거나 신원을 숨기는 행위
  • circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of
    any Materials or enforce limitations on use of the Service or the Materials; or
  • 본 서비스 약관에서 금지하는 모든 활동에 참여하는 제3자의 도움을 주거나 장려할 수 있습니다.

3. Terms of Purchase.

  • Placement of Orders; Changes. Any purchase you place through the Service is not confirmed until you receive an e-mail or written confirmation from the Company. Any change that you may wish to make with regard to any purchase that you place through the Service must be requested through the Company, and not the third party provider of the services or products you purchased, if applicable. You may contact the Company at [email protected] or 415.981.7625 to request changes to a reservation made through the Service. Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.
  • Cancellations; Refund Policy. If you wish to cancel a purchase you place through the Service, you must contact the Company at [email protected] or 415.981.7625. If you cancel a reservation that you made through the Service seventy-two (72) or more hours in advance of the date of the reservation, your payment for that reservation will be refunded in full. If you cancel a reservation that you made through the Service less than seventy-two (72) hours in advance of the date of the reservation, you will not receive a refund for that reservation, unless the Company is able to resell your tickets, and the Company shall have the right, but not the obligation, to resell your tickets. Applicable refunds will be processed within fourteen (14) days of the date we receive your cancellation request. We will also provide a refund in the event of security, safety or similar closures that prevent us from honoring your reservation. In the event we are unable to provide a purchased service for any reason, our only obligation is to refund the purchase price that you paid for the applicable service.
  • Pricing. The prices listed on the Service are per person, unless otherwise specified. These prices are subject to change without prior notice, until your purchase is confirmed by the Company. Prices confirmed at the time of purchase are honored for the date of the reservation. The listed prices do not include tips or gratuities, personal insurance, items of a personal nature, or any food or beverages not listed as included on the Service. Full payment by a payment card is necessary to make a purchase of services or products through the Service. We do not charge a service fee for processing credit card payments.

4. Our Management of the Service; User Misconduct

  1. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (iii) refuse or restrict access to or the availability of the Service if you violate these Terms of Service, the law or any of our policies; (iv) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (v) screen our users, or attempt to verify the statements of our users.
  2. Our Right to Terminate Users. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service, or of any applicable law or regulation.

5. Our Intellectual Property Rights. All of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.

6. Warranty Disclaimer; Limitation on Liability

  • 보증면의 부인
      (i) 서비스를 통해 제공되는 모든 자료 또는 항목은 어떠한 종류의 보증이나 조건없이 "AS IS" 및 "가능한"으로 제공됩니다. 서비스를 운영함으로써 당사는 당사가 서비스에서 사용하거나 링크하는 자료 또는 항목을 보증하거나, 정확하고 유용하거나 유해하지 않은 자료 또는 품목을 보증한다는 것을 나타내거나 암시하지 않습니다. 당사는 본 서비스의 콘텐츠, 정보 또는 기타 서비스 내용의 정확성, 신뢰성, 적시성 또는 완전성에 대해 어떠한 보증이나 진술도 하지 않습니다. 귀하는 귀하의 서비스 사용이 전적으로 귀하의 위험에 처할 것이라는 데 동의합니다. 법률이 허용하는 최대한의 범위 내에서 당사와 당사의 광고주, 라이센서, 공급업체, 임원, 이사, 투자자, 직원, 대리인, 서비스 제공업체 및 기타 계약업체는 서비스와 관련하여 명시적이거나 묵시적인 모든 보증을 부인합니다. 귀하의 서비스 이용을 위해
      (ii) 당사는 (A) 서비스 내용 및 자료의 오류, 실수 또는 부정확성, (B) 개인 상해 또는 재산 피해, 서비스 또는 제품 또는 제품의 액세스 및 사용으로 인한 어떠한 성격에 대해도 어떠한 책임도 지지 않습니다. 귀하가 서비스를 통해 구매하는 서비스, (C) 당사의 보안 서버에 대한 무단 액세스 또는 사용 및/또는 당사 서버에 저장된 모든 개인 정보, (D) 서비스로의 전송 중단 또는 중단, 및/또는 (E) 버그, 바이러스 제3자에 의해 서비스를 통해 전송될 수 있는 트로이 목마 등.
  • Limited Liability. In no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Service. Notwithstanding anything to the contrary contained in these Terms of Service, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Service. Whether in contract, tort or for breach of statutory duty or in any other way shall not exceed $50.
  • Exceptions to Disclaimers and Liability Limitations. Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitations or exclusions in Sections 6(a) and 6(B) may not apply to you.

7. Legal Disputes and Arbitration Agreement.
Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

  • Initial Dispute Resolution. We are available by e-mail at [email protected] or 415.981.7625 to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. The Company will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
  • Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 7(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.
  • Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 7(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  • Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
  • 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 7(b), 7(c) and 7(d) by sending written notice of your decision to opt-out to the following address: Alcatraz Cruises, Pier 33 South, Suite 200, San Francisco, CA 94111, Attn: Group Services Department, or by fax to 415.394.9904.
      1. 본 서비스 이용을 시작으로 30일 이내에 통지를 보내야 하며, 그렇지 않을 경우 귀하는 해당 조항의 약관에 따라 분쟁을 중재할 수 밖에 없습니다. 귀하가 이러한 중재 조항을 거부하는 경우, 회사는 또한 이에 구속되지 않습니다.
  • Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 7(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in [San Francisco, California] (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in [San Francisco, California] for any litigation other than small claims court actions.

8. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

9. Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

10. Assignment. We may assign our rights under these Terms of Service without your approval.

11. No Third Party Beneficiaries. These Terms of Service constitute an agreement entered into between you and the Company. There are no third party beneficiaries to this agreement.

12. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees, or anyone else purporting to act on our behalf. Any modifications to these Terms of Service will only be valid if in writing and signed by an [executive officer] of the Company.

13. Registration as a Seller of Travel.  The Company is registered under California law as a seller of travel, and its registration number is [2094770-50].  This registration does not constitute approval by the State of California of our services or actions. California law requires us to have either a trust account or a bond as a means of consumer protection, and the Company has a bond issued [by RLI Insurance Company in the amount of $20,000].  The Company is a participant in the Travel Consumer Restitution Fund.]