Please read this DISCLAIMER document
carefully before accessing or using this site. The website located at www.XtraOrdinaryAdventures.com("Site"),
is owned and operated by XTRAORDINARY ADVENTURES, LLC a
Florida Limited Liability Company and is made available under these terms
of service ("Terms"). It is agreed that all Users have read,
understand the content and agree to all of the terms and conditions in
this DISCLAIMER and as so stated under the registration section on the
site. XTRAORDINARY ADVENTURES may modify
this agreement at any time, and such modifications shall be effective
immediately upon posting of the modified agreement. It is further agreed
Users and Registered Participants will review this agreement periodically
to become aware of such modifications and all continued use or access
of the service shall be deemed an acceptance of the modified agreement.
1. Accuracy of Information. It is understood and hereby agreed that
the responsibility for the accuracy of any and all data supplied to XTRAORDINARY ADVENTURES, including
information submitted on any questionnaires or applications is hereby
only warranted as to such data's accuracy, completeness and currency
by each prospective applicant. All applicants specifically acknowledge
and agree to verify the accuracy of information for their profile. XTRAORDINARY ADVENTURES is
not responsible for the accuracy, completeness or currency of any data
applicants may provide, and has no obligation other than to do its best
to attempt to evaluate, verify, or correct any data submitted by applicants
in the registration process.
2. Verification of Information. To verify the accuracy of certain
information in the application, all applicants consent to a reference
check from XTRAORDINARY ADVENTURES of
any of the information provided. Applicants hereby further consent to any
other investigations, including without limitation any criminal and/or
other checks that XTRAORDINARY ADVENTURES chooses
to have performed. Applicants also hereby waive any and all rights to seek
redress in any manner, specifically, including but not limited to lawsuit,
from the criminal check and/or other investigation.
3. Confirmation of Eligibility. Applicants hereby assert, represent,
and warrant that: (a) they have not suffered any criminal sanctions over
the last five years,
(b) they are not aware of any reason why they would not be able
to meet their pre-requisites as a Registered Participant described hereunder,
(c) they will be at least 23 years of age at time of departure and meet the health, height
and weight limitations as set by the vendors used,
(d) they have acknowledged all the risks associated with participation
in all activities and experiences and accept these risks without holding XTRAORDINARY ADVENTURES and
its associates liable for any and all damages, injuries or possible loss
of life associated with such activities.
4. Educational Purposes Only.
The information on this Site or in any other area used is intended
for educational, informational, and research purposes only. It is understood
that, in making this information available to individuals ("Users")
through the Site or elsewhere, XTRAORDINARY
ADVENTURES is not acting as an adviser or solicitor, travel
agent or finder, and it does not recommend, endorse, review the qualifications
of, give advice about, or in any way suggest that a User should consider,
retain, not consider, or not retain any service of any vendor. XTRAORDINARY
ADVENTURES is not responsible or liable for any decision
by a User to hire, or not to hire, use or not to use any vendor, or for
the nature or quality of any services they or any other vendor may provide,
if hired. The decision of a User to conduct a search on a vendor on the
Site or elsewhere, the manner in which it is conducted, and the criteria
used in deciding are the sole and exclusive responsibility of the User. XTRAORDINARY
ADVENTURES does not offer advice regarding the quality
or suitability of any vendor and XTRAORDINARY ADVENTURES shall
not be liable for any loss or damage of any sort incurred as a result
of any decisions or advice, treatment, or services rendered by any vendor.
5. Ownership. XTRAORDINARY ADVENTURES shall
retain all ownership in and to the Site and all ideas, suggestions, information,
know-how, material, or any other content (collectively, "Content")
received through the Site. All such Content will be deemed to include
a royalty-free, perpetual, irrevocable, nonexclusive right and license
for XTRAORDINARY ADVENTURES to adopt, publish,
reproduce, disseminate, transmit, distribute, redistribute, copy, use,
modify, adapt, edit (for length or clarity), translate, create derivative
works, perform and display, (in whole or part) worldwide, or act on such
Content (in whole or part) and/or to incorporate it in other works, without
additional approval or consideration, in any form, media, or technology
now known or later developed for the full term of any rights that may
exist in such Content, and all participants hereby waive any claim to
the contrary. By submitting Content to XTRAORDINARY ADVENTURES the
submitter confirms that they are the author and owner of the Content
and that they have the right to contribute it.
6. Use of the Internet. Use of the Internet is solely at the
Users own risk and is subject to all applicable local, state, national,
and international laws and regulations. Please be advised that the confidentiality
of any communication or material transmitted to/from this Site over the
Internet cannot be guaranteed. Accordingly, XtraOrdinaryAdventures.com and
its affiliates are not responsible for the security of any information
transmitted via the Internet, the accuracy of the information contained
on the Site, or the consequences of any reliance on such information.
Users assume sole and complete risk for using this Site and must make
their own determination as to these matters. For more private communication
with XTRAORDINARY ADVENTURES, please contact
us at (561) 847-4535 or at 9070 Kimberly Blvd, Suite #27-101, Boca Raton,
Fl 33434. More information on our privacy policy can be found on our
Site. In addition, XTRAORDINARY ADVENTURES recommends
128-bit SSL encryption to maintain the highest encryption standards.
7. Use of Site. All Users agree:
(a) to obey all applicable local, state, national, and international
laws and regulations in the use of the Site;
(b) to be solely obligated for the contents of any transmissions through
the Site;
(c) to abide by all requirements, procedures, policies and regulations
posted on the Site by XTRAORDINARY ADVENTURES from
time to time and on any networks connected to the Site;
(d) not to broadcast through the Site any unlawful, harassing, defamatory,
libelous, bigoted, hateful, racially offensive, privacy invading, abusive,
threatening, harmful, vulgar, or otherwise objectionable material of
any kind;
(e) not to broadcast anything that encourages criminal conduct or violations
of any laws or regulations;
(f) not to mine the Site's data for any purpose whatsoever;
(g) not to broadcast any material that solicits or encourages others
to become affiliated with or to do business with competitors of XTRAORDINARY ADVENTURES;
and
(h) to respond to requests from vendors in a timely manner and to report
the outcome to XTRAORDINARY ADVENTURES if requested.
8. No Solicitation. The information and materials found on this
Site are not an offer to sell or a solicitation of an offer to buy any
product or service, nor shall any such product, or service be offered
or sold to any person, in any jurisdiction in which such offer, solicitation,
purchase, or sale would be unlawful under any laws of such jurisdiction.
All vendor information and materials on this Site, as well as reference
materials or links to other sites, are for general educational, informational,
and research purposes only, and are not intended to be relied upon for
transactional or other purposes. Past performance of any vendor is not
an indication of future performance.
9. Advertisements. XTRAORDINARY ADVENTURES may
post the advertisements of third parties on this Site or in email communications.
The acceptance by XTRAORDINARY ADVENTURES of
advertising is not intended as and does not in any manner constitute
a recommendation, endorsement, or approval by XTRAORDINARY
ADVENTURES. XTRAORDINARY ADVENTURES shall
not be liable for any loss or damage of any sort incurred as a result
of any dealings with any advertiser or vendor or as the result of the
presence of such advertisers or vendors on the Site or as a result
of any dealings between you and any User.
10. Events Beyond XTRAORDINARY ADVENTURES Control.
You expressly absolve and release XTRAORDINARY ADVENTURES,
LLC from any claim of harm resulting from a cause
beyond their control, including, but not limited to, misprints and typographical
errors, failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes or other labor problems, wars, or governmental restrictions
and the assumption of all risks inherent with the participation of any
vendor.
11. DISCLAIMERS WITH RESPECT TO INFORMATION, PRODUCTS AND SERVICES.XTRAORDINARY
ADVENTURES MAY MAKE AVAILABLE TO YOU ON THE SITE OR OTHERWISE
CERTAIN INFORMATION, PRODUCTS AND SERVICES. WHILE XTRAORDINARY
ADVENTURES ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE
INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE
ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, XTRAORDINARY
ADVENTURES MAY MAKE MODIFICATIONS AND/OR CHANGES
IN THIS SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED
IN THIS SITE AT ANY TIME, FOR ANY REASON.
XTRAORDINARY
ADVENTURES EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION
WITH ANY USER AND ANY VENDOR WHOM YOU OR ANY OTHER PROFESSIONAL ARE POTENTIALLY
ASSOCIATED AND THE MANNER/PROCESS USED TO SO POTENTIALLY ASSOCIATE VENDORS
WITH YOU OR ANY OTHER PROFESSIONAL. USERS ASSUME THE SOLE RISK OF MAKING
USE OF AND/OR RELYING ON THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE
ON THIS SITE OR INFORMATION OTHERWISE PROVIDED TO YOU BY XTRAORDINARY
ADVENTURES OR OBTAINED AS A RESULT OF YOUR USE OR
OTHER INVOLVEMENT WITH THE SITE (THE "AVAILABLE INFORMATION"). XTRAORDINARY ADVENTURES MAKES
NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY,
LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED
OR CONTAINED ON THIS SITE OR THE OTHER AVAILABLE INFORMATION FOR ANY
PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL XTRAORDINARY
ADVENTURES BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE
OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION,
PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING
OUT OF THE UTILIZATION OF THIS SITE OR THIS AGREEMENT, WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF XTRAORDINARY
ADVENTURES 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. NOTWITHSTANDING, AND WITHOUT LIMITING
THE FOREGOING, TOTAL LIABILITY FOR XTRAORDINARY ADVENTURES FOR
ANY REASON WHATSOEVER UNDER THIS AGREEMENT AND/OR RELATED TO USE OF THE
SITE SHALL NOT EXCEED, IN THE AGGREGATE, $5,000.00.
12. Indemnification. You agree to defend, indemnify, and hold
harmless XTRAORDINARY ADVENTURES and
its affiliates, all of their employees, agents, directors, officers,
proprietors, partners, representatives, shareholders, servants, attorneys,
predecessors, successors, and assigns, and the Users from and against
any and all claims, proceedings, damages, injuries, liabilities, losses,
costs, and expenses (including reasonable attorneys' fees and litigation
expenses), relating to or arising out of or in connection with any claim,
suit, action, or other proceeding brought against XTRAORDINARY
ADVENTURES or such party, to the extent that such claim,
suit, action or other proceeding is based on or arises from:
(a) your provision of services to any third party, regardless of whether
or not they are Users using the Site;
(b) any breach of any representation, warranty, covenant or agreement
to be performed by you hereunder;
(c) any assumption of risk undertaken;
(d) XTRAORDINARY ADVENTURES, LLC, under agreement to act as an agent for ROCKERSHIP TOURS, INC, accepts all deposits and payments for registration on the LYNX. All such funds are only a pass through for escrow and as such XTRAORDINARY ADVENTURES, LLC assumes no liablility nor responsibility for the replacement or return of such funds. XTRAORDINARY ADVENTURES, LLC and its associates are not responsible for any unfullfilled benefits as offered through ROCKETSHIP TOURS nor for any refunds total or partial for any incompleted activity or event planned for any reason.
(e) any information that you have presented to the Site and/or any content
on your Web Sites or otherwise given to Users; provided that XTRAORDINARY ADVENTURES or
such party provides you with written notice of such claim, suit or action
and reasonable information and assistance related to defending and/or
settling any such claim, suit, action or other proceeding. The provisions
of this Section 12 shall survive the termination of this Agreement or
your termination or suspension from the program.
13. Governing Law. This Agreement has been made in and will
be construed and enforced in accordance with the laws of the State of
Florida, as applied to agreements entered into and completely performed
in Florida. Any action to enforce this Agreement will be brought in the
federal or state courts presiding in Florida, and all parties to this
Agreement expressly agree to be subject to the jurisdiction of such courts.
This Site is controlled and operated by XTRAORDINARY ADVENTURES, LLC from
its offices within the United States. XTRAORDINARY ADVENTURES makes
no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where
any of the contents of this Site are illegal is prohibited. Those who
choose to access this Site from other locations do so on their own volition
and are responsible for compliance with applicable local laws.
14. Modification. XTRAORDINARY ADVENTURES may
modify or change this Agreement or any of its policies posted on the
Site from time to time; provided however that XTRAORDINARY
ADVENTURES will provide vendors and Registered
Participants with at least seven days notice of the change of any material
term of this Agreement, which notice may be provided by email. By entering
into this Agreement, vendors and Registrants agree to be bound by such
changes to the Agreement or the policies. XTRAORDINARY
ADVENTURES reserves the right to modify or discontinue,
temporarily or permanently, the Site with or without notice. It is
agreed that XTRAORDINARY ADVENTURES shall
not be liable to vendors, Registrants, Users or any third party for
any modification or discontinuance of the Site or the deletion of any
material by XTRAORDINARY ADVENTURES at
any time or for any reason.
15. Waiver. Failure to insist on strict performance of this
Agreement will not operate as a waiver of any subsequent default or failure
of performance. No waiver by XTRAORDINARY ADVENTURES of
any right under this Agreement will be deemed to be either a waiver of
any other right or provision or a waiver of that same right or provision
at any other time.
16. Assignment. It is agreed not to assign this Agreement or
assign any rights or delegate any obligations hereunder, in whole or
in part, whether voluntarily or by operation of law, without the prior,
written consent of XTRAORDINARY ADVENTURES. Any
purported transfer, assignment or delegation without the appropriate
prior written approval will be null and void and of no force or effect.
17. Admissibility. A printed version of this Agreement and of
any related 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.
18. Severability. If 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 the liability limitations
set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most clearly
matches the intent of the original provision and the remainder of this
Agreement shall continue in effect.
19. No Relationship With XTRAORDINARY ADVENTURES . No
joint venture, partnership, employment, or agency relationship exists
between Users, vendors, Registrants and XTRAORDINARY ADVENTURES as
a result of this Agreement or utilization of this Site. No party
shall have, or hold itself out to any third party as having, any authority
to make any statements, representations or commitments of any kind, or
to take any action, that shall be binding on the other, except as provided
for herein or authorized in writing by the party to be bound. Notwithstanding
the foregoing, XTRAORDINARY ADVENTURES may
mention participation in these services in press releases or other marketing
materials, however, unless you specifically approve your participation
in writing, XTRAORDINARY ADVENTURES will
not release any information about you..
20. Successors and Assigns. This Agreement will be binding on
and will inure to the benefit of the legal representatives, successors
and permitted assigns of the parties hereto.
21. Survival. The obligations of the parties under this Agreement
which by their nature would continue beyond the termination, cancellation
or expiration hereof, will survive the termination, cancellation or expiration
of this Agreement for any reason.
22. Entire Agreement. This Agreement represents the entire agreement
between Users, Registrants, vendors and XTRAORDINARY ADVENTURES with
respect to the use of and participation in the Site and elsewhere, and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written between any party and XTAORDINARY
ADVENTURES with respect to usage and participation in the
Site.
|
