Policies — BEAR Expeditions

POLICIES

PRIVACY POLICY

Looking after your private information is our priority. This privacy policy explains to you how we use personal information collected at this site. This Statement of Privacy applies to this website and governs potential data collection and usage. Please scan this privacy policy before using the site or submitting any personal information. By using our website, you permit to the data practices described on this page.

TERMS AND CONDITIONS OF USE

Thank you for visiting our website. The Terms and Conditions of Use set forth herein apply to the entire group of Web sites owned, operated, licensed or controlled by D. B. A. BEAR Expeditions (hereinafter referred to as BEAR Expeditions), or their affiliates (collectively the “Company”), including but not limited to the websites at www.liannanixon.com or www.letterstothearctic.com or (collectively the “Company Web Sites”). We offer products, services and programs in many parts of the world. Company websites may refer to certain products, services or programs that are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that the Company intends to offer such service or programs in all countries or locations.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER COMPANY WEB SITE.

By using this Web Site or any other Company Web Site, you signify your assent to these terms of use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these terms of use, please do not use the sites. We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on a Company Web Site. Please check these terms periodically for changes. Your continued use of any Company Web Site following the posting of such changes means you accept those changes.

LIMITED LICENSE

You should assume that everything that you read or see on any Company Web Site is copyrighted or otherwise protected and owned by the Company or some third party who licensed or granted permission to the Company the right to use such material. Unless otherwise expressly noted, nothing that you read or see on any Company Web Site may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of BEAR Expeditions. To obtain such approval, please call: The Manager at (847) 828-3844. We grant you permission to print individual pages from a Company Web Site, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating or purchasing the Company’s services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display commercial or non-commercial); remove any copyright, or other proprietary notations from the materials; transfer the materials to another person or “mirror” the materials on any other server. The permissions granted hereunder shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. The materials contained in the Company Web Sites are protected by applicable copyright, and trademark law. Please review the Company’s Copyright and Trademarks pages for additional details. We make no warranties or representations to you that your use of any materials displayed on a Company Web Site will not infringe the rights of third parties.

DISCLAIMERS

The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this Website or any other Company Web Site. Users of information from this Website or any other Company Web Site or links do so at their own risk. We assume no liability or responsibility for any errors or omissions in the content of any Company Web Site. While the Company may make changes to the information in a Company Web Site or to any Company service or product at any time without notice, the Company makes no commitment to update the information on a Company Web Site.

THE MATERIALS IN THE COMPANY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION SERVICES OR OTHER SERVICES OR PRODUCTS PROVIDING THROUGH OR IN CONNECTION WITH AN COMPANY WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER COMPANY WEB SITE OR THE SERVER(S) THAT MAKES THE COMPANY WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR ANY OTHER COMPANY

WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCES TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE OR ANY OTHER

COMPANY WEBSITE, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER COMPANY WEBSITES.

GOVERNING LAW

The Company is headquartered in Cook County, Illinois, USA and most of the Company Web Sites reside on servers in the state of Illinois, USA. You agree that these terms of use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

You consent to the exclusive jurisdiction and venue of the courts in, and agree that any action at law or in equity arising out of or relating to these terms shall be filed only in, the state or federal courts located in Cook County, Illinois, USA. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Any personal data you transmit to a Company Web Site by electronic mail or otherwise will be used by the Company in accordance with the privacy policy of the Company which you can access by clicking https://www.bearexpeditions.org/policies. That privacy policy defines what is considered to be personal data. Any other communication or material you transmit to a Company Web Site, such as questions, comments and suggestions, will be treated as non-confidential and non-proprietary. The Company shall be free to use such communication or material, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to you.

COPYRIGHTS

Unless otherwise expressly noted, all materials, including images, illustrations, designs, icons, photographs, appearing anywhere on a BEAR Expeditions or their affiliates (collectively the “Company”) Internet sites are protected by worldwide copyright laws and treaty provisions. (All such Internet web sites shall be referred to as “Company Web Sites.”) The copyright on such materials is held by the or by the original creator of the materials. None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described in the Linking Policy section or with BEAR Expeditions’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on Company Web Sites may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

U.S. Government Rights: United States Government license rights in the materials appearing on Company Web Sites are limited to those mandatory rights identified in ARS 252.227-7015(b) and all other applicable laws and regulations. All other use is prohibited without the prior written approval of BEAR Expeditions. Use of any of the materials appearing on Company Web Sites by the Government constitutes acknowledgment and acceptance of the Company’s proprietary rights in the materials.

TRADEMARKS

The trademarks, service marks, logos and graphics (the “Trademarks”) appearing on BEAR Expeditions Internet sites are registered and unregistered Trademarks of BEAR Expeditions, its subsidiaries (collectively, “BEAR Expeditions”) or others.

Other product names used in this publication are for identification purposes only and may be trademarks of their respective companies. No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on BEAR Expeditions Internet sites.

Any use of BEAR Expeditions Trademarks or linking to BEAR Expeditions Internet sites must follow the terms set out in our Linking Policy section. A partial list of the Trademarks owned by BEAR Expeditions and its subsidiaries, is set out below. If you are unsure whether a trademark, service mark, logo or graphic not on the list is the property of BEAR Expeditions or if you have any questions about the use of BEAR Expeditions Trademarks please contact our Webmaster. BEAR Expeditions vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.

LINKING POLICY FOR TRAVEL AGENTS

The Terms and Conditions of Use set forth herein apply to the entire group of Web sites owned, operated, licensed or controlled by BEAR Expeditions or their affiliates (collectively the “Company”), including but not limited to the web sites at www.liannanixon.com or www.letterstothearctic.com (collectively the “Company Web Sites”). Many Company Web Sites contain links to or frames of non-Company Web Sites. We try to include links and frames only to other sites that are in good taste but we do not control nor are we responsible for the contents of those sites. Similarly, we cannot guarantee that such non-Company Web Sites will not change without our knowledge. The inclusion of a link to or frame of any non-Company Web Sites does not imply the Company’s endorsement of the linked or framed sites or their content. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource The Company encourages links to its Internet sites by bona fide travel agents. Any such links to a Company Web Site must conform to the following rules:

Unless the Company provides you, the travel agent, with prior authorization in writing, any link to a Company Web Site must use one of the logos which are protected by trademark law.

The Company grants you a limited license to use these logos, but does not transfer title in these logos to you. The logos may only be used as an active link to the appropriate BEAR Expeditions web site. (Simply right-click on the appropriate logo and save it to your directory)

You may not use the above logos to imply that any portion of the Company has sponsored or endorsed your World Wide Web site without receiving the prior written permission of the Company.

You may not alter the logos in any way, including proportions or colors and may not animate or morph the logos to change their appearance. You may not use the logos on any site which, in the Company’s sole discretion, disparages BEAR Expeditions or their affiliates or their respective products or services.

The logos may only be used on World Wide Web pages which, in the Company’s sole discretion, make accurate references to the Company and its products and/or services. The logos must be placed on the same page as the reference to BEAR Expeditions and as close to the reference as feasible. Any link to a Company Web Site must only be to that site’s home page. As an example, the home page of various Company Web Sites may be viewed and accessed from the link displayed beneath the logos listed below. No “deep linking” to other pages on a Company Web Site is permitted without the Company’s prior written consent.”

The Company may, in its sole discretion, terminate your right to use these logos at any time. The Company may take action against any use of the logos that does not conform to these policies or that infringes any right held by the Company and will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.

OTHER LOGOS AND GRAPHICS

No logos or graphics other than those listed here may be used without the prior written approval of the Company. Any unauthorized use of any materials contained on a Company Web Site may result in criminal or civil penalties and the Company will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.

ONLINE PRIVACY STATEMENT

At BEAR Expeditions, we are committed to protecting your personal information that you share with us through the Internet. This statement sets forth our privacy policy regarding information you provide to us through the use of our Web site. This statement also provides you with information on how to prevent your personal information from being collected or shared when you visit our web site, respond to our web-based promotions or send us an e-mail.

The Information We Gather, We collect information about you through two principal means: through technology (for example IP addresses and cookies) and through your voluntary submission of information.

NON-PERSONALLY IDENTIFIABLE INFORMATION

Using technology, our sites can collect information about the type of browser you are using, your operating system and your IP address information using technology. An IP address is a number that is automatically assigned to your computer and is recognized by web technology whenever you are surfing the Internet. None of this information is considered personally identifiable information. As technology evolves, additional methods of information gathering may be used.

We also use cookies for a variety of purposes. Most industry-standard web browsers have an option that allows you to turn off all cookies or have your computer inform you each time that a request to place a cookie is being made. If you turn cookies off (or refuse to accept a request to place a cookie), you may not have access to some features on our web sites and some of our services, such as purchasing a product or service or being automatically recognized as a Bear Expeditioner, may not function properly.

We may provide aggregate non-personally identifiable information to third parties (such as marketers and advertisers) that make use of general customer data. We may also share that information with concessionaires of our expeditions and other third parties.

BEAR Expeditions; is not liable for information that is inaccurate due to technical defects in software used on our web sites, whether induced by our systems or by software provided by third parties.

PERSONALLY IDENTIFIABLE INFORMATION

You can use the majority of our web sites without being required to divulge any personally identifiable information to us. To participate in or use some of the activities available on our sites (such as purchasing a product, service, entering a contest or contacting us) you may be required to provide certain personally identifiable information (such as your name and e-mail address). In addition, in connection with some activities, such as purchasing a product or service, we collect additional personally identifiable information such as your date of birth, street and billing address and credit card number.

BEAR Expeditions will not trade, sell or share such personally identifiable information for use by any third parties unless we have informed you, been authorized by you or are required by law to do so. In addition, such personally identifiable information shall not be disclosed to third parties unless we have informed you, been authorized by you or are required by law to do so. The term “third parties” does not include any subsidiaries or affiliates of BEAR Expeditions, service providers or vendors acting on BEAR Expeditions behalf or travel agents or the purchaser of substantially all of the assets of BEAR Expeditions or a subsidiary or affiliate of BEAR Expeditions. Our policy is to require that third parties keep that information confidential. We reserve the right to disclose personally identifiable information, without notice, if we believe that such action is necessary to defend and protect the rights or property of BEAR Expeditions its family of web sites or to protect the personal safety of users of BEAR Expeditions, its web sites or the public.

Your credit card number is used to process your request for products or services and will not be shared with third parties that are not involved with the transaction.

We use the information that you share with us for these purposes: To provide the products, services or membership benefits you request; To improve the content of our site and enhance your cruise planning experience.

To measure consumer demand or interest in various offerings; and For marketing and promotional purposes, including to provide you with information about products and services offered by BEAR Expeditions and its subsidiaries and affiliates.

HOW DO I TELL BEAR EXPEDITIONS THAT I DO NOT WANT TO BE CONTACTED OR CHANGE MY PERSONALLY IDENTIFIABLE INFORMATION?

Our web sites sometimes provide you the opportunity to opt-in to receive communications from us at the point where we request information from you. You always have the option of removing your name from our e-mail mailing list(s) so that you will not receive further e-mail promotional communications from us. In order to ensure immediate removal from any list, it is best to follow the specific instructions outlined within the communications you receive from us since we operated numerous sites and e-mail lists. If you are unable to complete the process indicated in such communications, send us an e-mail.

Our web sites often provide links to resources that we believe may be useful. These links will lead you to web sites operated by third parties that operate under different privacy policies. We encourage you to review those privacy policies, as we have no control over information you may submit to those third parties.

HOW DO WE PROTECT YOUR INFORMATION?

Security for all personally identifiable information is extremely important to us. To prevent unauthorized access, maintain data accuracy and ensure the correct usage of information, we monitor and adjust our physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Unfortunately, we cannot guarantee that data transmitted over the Internet will always be secure. As a result, while we strive to protect your personally identifiable information by, for example, utilizing Secure Sockets Layer (SSL) encryption, we cannot ensure or warrant the security of any information you transmit to us or from our online products and services and you do so at your own risk. Upon receipt of your transmission, we strive to ensure the security of that information in our systems.

WHAT ABOUT CHILDREN UNDER 13?

None of our web sites are targeted at children (minors under thirteen years of age) and we do not knowingly collect personally identifiable information from children who have not obtained parental consent.

CONSENT

By browsing around our website, you consent to our policies as outlined on this page. ”By submitting information, you are giving us the right to send news and promotions to you from time to time. You can opt out of this service at any time by unsubscribing from our mailing list. ”BEAR Expeditions may edit the policy on this site and modify these conditions/terms at any time.

WEBSITE

This website has been designed and is managed by the team at Squarespace. If you have any questions about this website, please contact Squarespace anytime through our website www.squarespace.com.

UPDATES

Our Privacy Policy may change from time to time and all changes will be posted on this page.

If you feel that we aren’t consistent with this privacy policy, please contact us.