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Terms & Conditions

TERMS AND CONDITIONS OF USE

Last Updated: March 9, 2025

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Jay Cole Travel LLC, doing business as Jay Cole Cruising & More™ (“Company,” “we” or “us”).

These Terms, together with our Privacy Policy and Disclaimer, govern your use of the website jaycole.com and any subdomains (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms without modification and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.

PRIVACY POLICY

Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLAIMER

Your use of the Website is also subject to our Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.

NO USE BY MINORS

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website.

LAWFUL PURPOSES

You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only.

You shall not post or transmit through the Website any material that:

Violates or infringes the rights of others.
Is threatening, abusive, defamatory, libelous, or invasive of privacy rights.
Contains vulgar, obscene, profane, or otherwise objectionable content.
Encourages conduct that would constitute a criminal offense or violate any law.

USE OF FREE DOWNLOADABLE CONTENT

We may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use.

You may not:

Modify, edit, copy, reproduce, create derivative works, or exploit the Gated Content in any way.
Sell, redistribute, or create competing products based on the Gated Content.

MATERIAL YOU SUBMIT TO THE WEBSITE

By posting, uploading, or submitting any content (“Submissions”) to the Website, you grant us a nonexclusive, irrevocable license to use your Submission for promotional and business purposes.

You retain ownership rights to your Submissions but must ensure you have the rights to share such content. You agree to hold us harmless from any claims related to copyright or trademark infringement.

OUR INTELLECTUAL PROPERTY

Third-Party Intellectual Property

Some content displayed on this Website, including but not limited to logos, trademarks, and copyrighted materials from affiliates, partners, or vendors, may be owned by third parties. Jay Cole Cruising & More™ does not claim ownership over such intellectual property.

Use of Third-Party IP: Any third-party trademarks, logos, or content displayed on this Website are used with permission or under fair use. Users may not copy, reproduce, distribute, or modify third-party content without obtaining the respective owner’s written consent.
Partner & Affiliate Content: If you are an authorized partner, vendor, or affiliate and wish to use our branding, you must first obtain written permission. Likewise, you may not use any affiliated brand names or content displayed on this Website unless expressly permitted by the original owner.

The Website contains intellectual property owned by Jay Cole Cruising & More™, including trademarks, copyrights, and proprietary information. You may not:

Modify, publish, transmit, create derivative works, or exploit any of our intellectual property without prior written consent.
Use any of our trademarks, service marks, or copyrighted materials without permission.

Violating this policy may result in termination of your Website access.

CHANGED TERMS

We reserve the right to update these Terms at any time. The date of the last revision is indicated at the top of this page. Any changes become effective immediately upon posting.

NO WARRANTIES

The Website and its content are provided “as is” and “as available” without any warranties, express or implied. We make no guarantees about the accuracy, completeness, or reliability of Website content.

LIMITATION OF LIABILITY

Limitation of Travel Liability

Jay Cole Cruising & More™ acts as an independent travel advisor and does not own or operate airlines, cruise lines, hotels, or other third-party providers. We are not responsible for delays, cancellations, losses, or changes to itineraries made by third-party providers. Any claims regarding service disruptions must be addressed directly with the provider. We strongly recommend purchasing travel insurance to protect against unforeseen circumstances.

Under no circumstances shall we be liable for any:

Direct, indirect, incidental, consequential, or special damages arising from Website use.
Errors, interruptions, or security breaches on the Website.
Third-party theft, destruction, or unauthorized access to your information.

Some states do not allow limitations on liability, so these limitations may not apply to you.

NO GUARANTEE OF AVAILABILITY

We do not guarantee that the Website or its services will always be available or error-free. We reserve the right to withdraw or amend access to the Website at our discretion.

MALICIOUS CODE

We take precautions to prevent malware but do not guarantee that our Website is free from viruses or other malicious code. You access and use the Website at your own risk.

SECURITY

We take commercially reasonable measures to protect your personal data, but we are not responsible for security breaches beyond our control.

THIRD-PARTY RESOURCES

Our Website may link to third-party websites for convenience. We are not responsible for their accuracy, availability, or privacy practices. Use third-party resources at your own risk.

INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, or legal fees arising from:

Your breach of these Terms.
Your use of the Website.
Any violation of intellectual property rights.

REFUNDS & CANCELLATIONS

All purchases made through the Website are subject to our refund and cancellation policy. Because we act as a travel advisor booking third-party services, cancellation policies for cruises, flights, and other travel arrangements are governed by the respective providers. It is your responsibility to review the terms and conditions of any travel vendor before making a purchase. If you have questions regarding our cancellation or refund policy, please contact us at terms@jaycole.com.

BOOKINGS & CLIENT RESPONSIBILITIES

By booking through Jay Cole Cruising & More™, you acknowledge that:

You are responsible for reviewing all terms and conditions of your booking before making a purchase.
You are financially responsible for any bookings made using your account.
Travel requirements such as passports, visas, and vaccinations are your responsibility.
You agree to resolve any disputes regarding bookings directly with the travel provider unless the issue is related to an error made by Jay Cole Cruising & More™.

CHARGEBACKS & PAYMENT DISPUTES

If you initiate a chargeback or payment dispute for a transaction that has been lawfully completed, we reserve the right to recover funds and suspend your ability to make future purchases through Jay Cole Cruising & More™. If you believe a charge was made in error, please contact us at terms@jaycole.com before disputing the charge with your financial institution.

FORCE MAJEURE

We shall not be held responsible for any failure or delay in performance of services due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of war, labor strikes, government restrictions, or technical failures. If such an event occurs, we reserve the right to reschedule, modify, or cancel services as necessary.

ENTIRE AGREEMENT & WAIVER

These Terms, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Jay Cole Cruising & More™. No waiver of any breach shall constitute a waiver of future breaches.

GOVERNING LAW & JURISDICTION

These Terms shall be governed by the laws of the State of New York. Any legal disputes must be filed in courts located in New York County, New York.

ALTERNATIVE DISPUTE RESOLUTION

Both parties agree to attempt mediation before pursuing legal action.

We reserve all rights not expressly granted in these Terms.

If you have any questions, contact us:

📧 Email: terms@jaycole.com
📞 Phone: 929-601-2665
🏢 Mailing Address:
Jay Cole Cruising & More
484 W 43rd St, 29T
New York, NY 10036

By using this Website, you acknowledge and agree to these Terms as of March 9, 2025.