Terms and Conditions

Terms and Conditions 

Agreement between User and SUNSET DISCOVERIES

Welcome to SUNSET DISCOVERIES. The SUNSETDISCOVERED.COM website (the "Site") comprises various web pages operated by SUNSET DISCOVERIES. SUNSETDISCOVERED.COM is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of SUNSETDISCOVERED.COM constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

SUNSETDISCOVERED.COM is a Travel Site advertising your tourism property, tour, or destination.

Privacy 

Your use of SUNSETDISCOVERED.COM is subject to SUNSET DISCOVERIES' Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices. 

Electronic Communications 

Visiting SUNSETDISCOVERED.COM or sending emails to SUNSET DISCOVERIES constitutes electronic communications. You consent to receive electronic communications and 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.

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that SUNSET DISCOVERED is not responsible for third party access to your account that results from theft or misappropriation of your account. SUNSET DISCOVERED  and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. 

Children Under Thirteen 

SUNSET DISCOVERED does not knowingly collect personal information from persons under thirteen, either online or offline. If you are under 18, you may use SUNSETDISCOVERED.COM only with the permission of a parent or guardian. 

Cancellation/Refund Policy 

All payments are non-refundable; if you cannot attend, you CAN sell your spot, but you would be responsible for doing so. By making a purchase, you understand that all payments to SUNSET DISCOVERIES are non-refundable and non-transferable without the proper travel protection through the agency. You further acknowledge that you have been advised to purchase travel insurance or protection to protect your investment.

Fraud Policy 

All fraud including credit card fraud will not be accepted by the Company and as such will be fully investigated and pursued under the law to its fullest extent. Any losses resulting on the Company’s behalf will be fully pursued in a civil lawsuit to claim back any losses incurred covering all business, legal fees, research costs, human resources, and loss of income.

Charge Back Policy 

The Company reserves the right to charge a fee “chargeback fee” if a chargeback is placed with your credit card company (either intentionally or unintentionally) for any purchase.  The chargeback fee will be comprised of the “administration fee” of 225.00 (two hundredth twenty-five) and the fee of 250.00  (two hundredth fifty-dollars) in every $100 claimed to cover all further investigation expenses. In case of pre-arbitration, additional fees may apply from the card processor. This fee will be used to cover all investigative expenses to prove that the purchase was made by you upon receiving the chargeback from our merchant provider.

Links to Third-Party Sites/Third-Party Services 

SUNSET DISCOVERIES may contain links to other websites ("Linked Sites"). SUNSET DISCOVERIES provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SUNSET DISCOVERIES of the site or any association with its operators. The Linked Sites are not under the control of SUNSET DISCOVERIES and are not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. 

Certain services made available via SUNSET DISCOVERIES are delivered by third-party sites and organizations. By using any product, service or functionality originating from the SUNSET DISCOVERIES domain, you now acknowledge and consent that SUNSET DISCOVERIES may share such information and data with any third party with whom SUNSET DISCOVERIES has a contractual relationship to provide the requested product, service, or functionality on behalf of SUNSETDISCOVERED.COM users and customers. 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use SUNSETDISCOVERED.COM, strictly following these terms of use. As a condition of your use of the site, you warrant to SUNSET DISCOVERIES that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site. 

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 SUNSET DISCOVERIES 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 in any such content and will not make any changes to that. 

SUNSET DISCOVERIES content is not for resale. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the site. 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 SUNSET DISCOVERIES  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 SUNSET DISCOVERIES or our licensors except as expressly authorized by these Terms. 

International Users 

The Service is controlled, operated, and administered by SUNSET DISCOVERIES from our offices within the USA. You are responsible for compliance with all local laws if you access the Service from a location outside the USA. You agree that you will not use the SUNSET DISCOVERIES Content accessed through SUNSETDISCOVERED.COM in any country or in any manner prohibited by applicable laws, restrictions, or regulations. 

Indemnification 

You agree to indemnify, defend and hold harmless SUNSET DISCOVERIES, 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. SUNSET DISCOVERIES 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 SUNSET DISCOVERIES in asserting any available defenses. 

Arbitration 

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration according to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The Arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions. 

Liability Disclaimer 

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. SUNSET DISCOVERIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. 

SUNSET DISCOVERIES 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. SUNSET DISCOVERIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING 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. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNSET DISCOVERIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUNSET DISCOVERIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

ASSUMPTION OF RISK

I am aware that travel such as that I am undertaking involves hazardous activities, with a risk of illness, injury, or death which may be caused by forces of nature, animals, insects, or flora, the negligence of Sunset Discoveries, or other persons and companies known or unknown, or of the willful or criminal conduct of third parties. I am aware that weather conditions may be severe, adverse, and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating in the trip. In order to partake of the enjoyment and excitement of this trip, I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I hereby accept and assume full responsibility for any and all risks of illness, injury, or death and of the negligence of any personal of Sunset Discoveries d/b/a or associated with and agree to hold harmless and release Sunset Discoveries from claims of third-party negligence. I understand the physical requirements of the activity in which I will be participating, and I currently have no known physical, medical, or mental condition which would impair my ability to participate in this tour or my safety in this activity, and I am willing to assume all risks that may be created, directly or indirectly, by any such condition. I hereby authorize Sunset Discoveries or my local ground handler or others to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this activity without my further consent. 

Medical Services 

Many ships do not carry a doctor or nurse onboard. Should medical attention be required, local services will be contacted. The resulting charges will be the responsibility of the passenger. Sunset Discoveries and the cruise ship operator are not responsible for the services provided. 

Health Requirements 

Check with your healthcare provider for up-to-date requirements. You may also check the Centers for Disease Control (www.cdc.gov) and/or the World Health Organization (http://www.who.int/en/) for their recommendations. Required inoculations, if any, must be recorded by the client's health practitioner on a valid vaccination certificate which the client must carry for proof of inoculation where required. Individuals with heart disease, chronic illness, physical handicap, advanced pregnancy, or mental illness should not participate in these rigorous travel programs. Any person arriving at the destination ill with an apparent fever or becoming ill during the tour will be removed from the group and directed to a local medical facility for diagnosis. Only upon clearance by an accredited medical facility will that individual be allowed to resume group travel. All costs associated with medical treatment and related expenses, such as additional hotel nights or transportation not included in the original itinerary, will necessarily be borne by the passenger. 

Termination/Access Restriction 

SUNSET DISCOVERIES 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 Tennessee, and you hereby consent to the exclusive jurisdiction and venue of courts in TENNESSEE 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 SUNSET DISCOVERIES due to this agreement or use of the site. SUNSET DISCOVERIES' performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of SUNSET DISCOVERIES' right to comply wigovernmental, court, and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by SUNSET DISCOVERIES' with respect to such use. Suppose 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. In that case, 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 SUNSET DISCOVERIES with respect to the site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SUNSET DISCOVERIES concerning the site. It is the express wish of the parties that this agreement and all related documents be written in English. A printed version of this agreement and 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.

Changes to Terms 

SUNSET DISCOVERIES reserves the right, in its sole discretion, to change the Terms under which SUNSETDISCOVERED.COM is offered. The most current version of the Terms will supersede all previous versions. SUNSET DISCOVERIES encourages you to periodically review the Terms to stay informed of our updates. 

SUNSET DISCOVERIES welcomes your questions or comments regarding the Terms:

Contact Us

SUNSET DISCOVERIES

Memphis, Tennessee 38133

Email Address: 

sunsetdiscovered@gmailcom

Telephone number: 

1 (888) 721-290

Updated/Effective as of April 4, 2024