Welcome to the AdventureUs.com website (the "Website"). The Website is provided solely to assist customers in (i) gathering travel information, (ii) determining the availability of travel related goods and services, and (iii) transacting business directly with third party travel suppliers and retailers of travel related goods and services. The Website is a service offered by AdventureUs.com, LLC, a Connecticut limited liability company. The terms "we", "us", "our" and "AdventureUs" refer to AdventureUs.com, LLC and/or our affiliates. The term "you" refers to the customer visiting the Website.
About the Information on the Website
The content available on the Website is intended to be a general information resource and is provided solely on an "as is" and "as available" basis. You are encouraged to confirm the information contained herein. You should not construe the publication of the content on the Website by AdventureUs as a warranty or guaranty of the quality or availability of any travel service, goods, package, plans or advice.
Use of the Website
As a condition of your use of the Website, you warrant and represent to AdventureUs that:
- (i) you are at least 18 years of age;
- (ii) you will use the Website in accordance with this Agreement;
- (iii) all information supplied by you on the Website, if any, is true, accurate, current and complete; and
- (iv)if you have an AdventureUs.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
We retain the right, at our sole discretion, to deny access to anyone to the Website and the services we offer, at anytime and for any reason, including, but not limited to, for violation of this Agreement.
Use of the Materials on the Website and Prohibited Activities
The content and information on the Website, as well as the infrastructure used to provide such content and information, is proprietary to AdventureUs and/or our suppliers and providers. While you may make limited copies of the travel itineraries and trip descriptions and related documents offered on the Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products or services obtained from or through the Website. You also agree not to:
- (i) use the Website or its contents for any commercial purpose;
- (ii) access, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose;
- (iii) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
- (iv) "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;
- (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; and/or
- (vi) deep-link to any portion of the Website for any purpose without our express written permission.
Links to Third-Party Sites
The Website contains hyperlinks to websites operated by parties other than AdventureUs, including websites of the trip suppliers or websites that give users the ability to purchase or “book” travel arrangements and/or purchase trip related products (services not offered by AdventureUs). AdventureUs provides these links to other websites as a convenience and use of these sites is at your own risk. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. AdventureUs expressly disclaims all liability with regard to your access to, and use of, such linked websites. Further it is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature.
Adventure Travel and International Destinations
Adventure travel and the activities that may be offered on certain excursions can by its very nature involve risks to participants that may not necessarily be encountered on other types of trips. In addition, certain activities offered on this Website may require a specific skill set or level of physical fitness for safe and successful participation. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than to others. By providing information with respect to specific activities or trips to particular international destinations, AdventureUs does not represent or warrant that such activities or travel to such destinations is advisable or without risk, and is not liable for damages or losses that may result from participating in such activities or from travel to such destinations. AdventureUs urges users to carefully consider the safety and requirements of the activities they elect to participate in and to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level or risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.
ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICUALR PURPOSE AND NON-INFRINGMENT. ADVENTUREUS DOES NOT MAKE ANY WARRANTY AS TO THE ACCRUACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
USE OF THE WEBISTE AND THE CONTENT AVAILABLE ON THE WEBSITE, INCLUDING CONTENT LINKED TO THROUGH THE WEBSITE, IS AT YOUR SOLE RISK. ADVENTUREUS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADVENTUREUS DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIAIBILITY OR OTHEWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF ADVENTUREUS HAS BEEN ADVISED OF THE POSSIBILTIY OF SUCH DAMAGES.
Limitation on Liability
AdventureUs, its employees, members, officers, managers and affiliates (for purposes hereof, collectively "AdventureUs.com") does not own or operate any entity which provides travel goods or services, including, for example, lodging facilities, transportation companies, tour operators, local ground operators, including, without limitation, guides, entertainment, food or drink service providers, equipment suppliers, etc. Any contracts you make for adventure travel services or goods that are listed on the Website are with a third party service or product provider and it is their responsibility to provide you with the services or goods you purchased. As a result, AdventureUs.com is not responsible in any way for any act or failure to act of any such person or entity. In addition, AdventureUs.com is not responsible for any negligent or willful act or failure to act of any person or entity it does not own or control, nor for any act or failure to act of any other third party not under its control. A link to a provider of travel goods or services does not imply an endorsement by AdventureUs.com of such provider or a guaranty that such goods or services will be provided in a safe or satisfactory manner, if at all.
Without limitation AdventureUs.com is not liable for any direct, indirect, consequential or incidental damage, injury, death, loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation any willful or negligent act, failure to act, breach of contract or violation of local law or regulation of any third party such as an airline, train, hotel, bus, taxi, van, tour operator, local groundhandler or guide, financial default or insolvency of any supplier which is to or does supply any goods or services for a trip. Similarly, AdventureUs.com is not responsible for any loss, injury, death or inconvenience due to delay or changes in schedule, overbooking of accommodations, default of any third party, attacks by animals, injury or death while on activities sponsored by lodging facilities or by other third parties, sickness, the lack of appropriate medical care, evacuation to same, if necessary, weather, strikes, acts of God or government, acts of terrorism or the threat thereof, force majeure, war, quarantine, epidemics or the threat thereof, criminal activity or any other cause beyond its control.
The information, products and services published or linked to on the Website may include inaccuracies or errors, including pricing errors. In particular, AdventureUs does not guaranty the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of any trip, tour, hotel, air, cruise, car and other travel products published or linked to on the Website (including, without limitation, the pricing, photographs, videos, list of trip and hotel amenities, general product descriptions, etc.).
Any ratings or reviews displayed on the Website are intended as only general guidelines and AdventureUs does not guarantee the accuracy of any such ratings or reviews. AdventureUs makes no guaranty about the availability of specific products and services. Actual acceptance on a tour is at the discretion of the tour operator/supplier, not AdventureUs.
AdventureUs makes no representations about the suitability of the information, products and services published or linked to on the Website for any purpose, and the inclusion or offering of any products or services on the Website does not constitute any endorsement or recommendation of such products or services by AdventureUs.
You agree to defend and indemnify AdventureUs.com from and against any claims, causes of action, demands recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of the Website.
All content included or available on the Website, including site design, text, graphics, interfaces and the selection and arrangements thereof, is © AdventueUs.com, LLC with all rights reserved, or is the property of third parties protected by intellectual property rights. Except for your informational, personal noncommercial use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website or any individual section of the content, design or layout of the Website or the AdventureUs logos without the express written permission of AdventureUs. All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor recommendation of those owners, and in addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those thirds parties endorse or have any affiliation with AdventureUs.
Claims of Copyright Infringement
AdventureUs respects the intellectual property of others and we ask our users to do the same. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
If you in believe that materials posted on the Website violate your intellectual property rights, please contact AdventureUs at info@AdventureUs.com. Please include: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (ii) a description of the copyrighted work or other protected material that you claim has been infringed upon; (iii) a description of where the material is located on this Website; (iv) your address, telephone number and e-mail address; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or by law; and (vi) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law principles. Any action to enforce this Agreement shall be brought in the Federal court in the Southern District of New York or the state courts located in the City of New York. By using the Website, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Website shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Website must be commenced within one year after the claim or cause of action arises, regardless of any law to the contrary.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. This Agreement sets forth the entire agreement between you and AdventureUs in connection with your use of the Website.
If you have any questions about this Agreement, please contact us at info@AdventureUs.com.