DISCLAIMER

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 are at least 23 years of age 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) 455-4594 or at 9070 Kimberly Blvd, Suite 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) acceptance of the selection process as conducted by XTRAORDINARY ADVENTURES under the supervision and handling of NASA Astronauts in front of all Registered Participants in attendance, planned while at sea, as follows:

         1) First an alternate shall be chosen as ALTERNATE (A) #1, or A#1, then
         2) Three Future Space Participants (SP) shall be selected SP#1, SP#2 and SP#3.
         In the event SP#1, SP#2 or SP #3 is unable, for any reason, to make the future  
         Sub-Orbital trip, then A#1 shall take their place. After A#2, SP#4, SP#5 and   
         SP#6 have been chosen, A#2 would replace SP#4, SP#5 or SP#6 if needed.
         Each Alternate shall act as a stand by for three assigned future Participants.  
         This format will give equal opportunity for each Alternate, should the chance
         for a replacement arise.

(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.
 
 
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