YOUR USE OF THE SITE AND/OR THE SERVICE, YOUR PARTICIPATION IN ANY ACTIVITIES, OR YOUR CLICKING “I ACCEPT” IF PRESENTED WITH THIS AGREEMENT IN A CLICK-THROUGH FORMAT, CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS AGREEMENT, INCLUDING ANY MODIFICATIONS THAT COMPANY MAKES FROM TIME TO TIME. IF YOU DO NOT ACCEPT THIS AGREEMENT YOU MAY NOT USE THE SITE OR THE SERVICE.
You may not use the Service and you may not accept this Agreement if you are not eighteen years of age. If you accept this Agreement you represent that you have the legal capacity to be bound by it. Company may amend this Agreement at any time by posting the amended Agreement on the Site, and you agree that you will be bound by any changes to this Agreement. The date of last revision of this Agreement is included at the top of this page. Company may make changes to the Site and/or the Service at any time. You understand that Company may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
Subject to the terms and conditions of this Agreement, the services provided in connection with the Service are solely for your personal use. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You certify to Company that if you are an individual (i.e., not a corporation), you are at least 18 years of age. You further certify that you are legally permitted to use the Service, and you take full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Company reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Company server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Company's systems or networks, or any systems or networks connected to the Service or to Company.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
You shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
Products and services available at the Site (including, but not limited to activity and event packages) are subject to the Company's Terms of Sale and Refund Policy.
As a condition to using certain products and services of the Service, you may be required to register with Company and select a password and user name ("Company User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Company password and other account information. You understand and agree that you, not Company, are solely responsible for all activities that occur under your Company User ID even if not committed by you.
You agree that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by Company at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Company in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Company. Company is not responsible for Content provided by third parties on the Site, or third party use of any information you may post on the Site.
From time to time Company may offer users special offers for referring other users to the Site and Service, as described on the Site. In order to participate in such special offers, a referring user (“Referrer”) must log in to their account on the Site, and receive a custom link for the special offer. Referrer may forward the custom link to any number of individuals who are not presently registered users of the Site ("Referee"). A registered user is someone who already has an existing account with the Company. There is no limit to the number of Referrals that Referrer can make, nor the cumulative credits that the Referrer may receive through such special offer, unless otherwise indicated on the Site. For each Referee that follows the custom link sent by the Referrer and registers on the Site for the Service, and then makes a qualifying purchase using that newly created account, the Company will automatically credit the Referrer's account with the specific amount of that particular special offer. All Referees must be first-time recipients of the offer to join the Service, and multiple referrals to the same individual will be disregarded. Company reserves the right to not issue to Referrer or Referee and reserves the right to revoke from Referrer and Referee the special offer at Company's discretion for any reason or for no reason whatsoever. In order to be eligible to receive special offers, Company may require Referrer or Referee to have a valid credit card on file in Referrer or Referee account. If Company determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Company reserves the right to (a) revoke any credits issued to either Referrer or Referee and/or (b) charge the Referrer's or Referee's credit card for any credits used by Referrer or Referee prior to such revocation and for any credits issued by Company to any ineligible Referrer or Referee. Company reserves the right to modify or terminate any special offers at any time. All special offers are subject to any other terms, conditions and restrictions set forth on the Site or presented in connection with the special offer.
You are responsible for all of your activities in connection with the Service. You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives harmless from and against any and all liabilities, claims, and expenses, including without limitation reasonable attorneys' fees, that arise directly or indirectly from your (i) use or misuse of the Service; (ii) access to any part of the Service, (iii) violation of this Agreement or any applicable law, rule, regulation, or governmental order; or (iv) participation in any Activities.
THE SITE, SOFTWARE, SERVICE, AND ACTIVITIES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. USE OF THE SERVICE IS AT YOUR RISK.
YOU ACKNOWLEDGE THAT CERTAIN ACTIVITIES PROVIDED OR ARRANGED DIRECTLY OR INDIRECTLY BY COMPANY ARE HAZARDOUS AND MAY RESULT IN SERIOUS INJURY OR DEATH. YOUR PARTICIPATION IN ANY ACTIVITIES CONSTITUTES YOUR AGREEMENT THAT YOU ARE VOLUNTARILY PARTICIPATING WITH FULL KNOWLEDGE OF THE DANGER AND RISKS INVOLVED AND YOUR ASSUMPTION OF THE RISK OF INJURY OR DEATH RESULTING FROM SUCH PARTICIPATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY FOREVER WAIVE, RELEASE, AND DISCHARGE COMPANY AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, TOGETHER WITH THEIR SUCCESSORS, ASSIGNS, CONTROLLING PARTIES, SUBSIDIARIES, AND AFFILIATES (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL PAST, PRESENT, AND FUTURE ACTIONS, CLAIMS, DEMANDS, DAMAGES, AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND MEDICAL BILLS), KNOWN AND UNKNOWN, INCLUDING WITHOUT LIMITATION ANY CLAIMS BASED ON ANY ACTUAL OR ALLEGED NEGLIGENCE OF ANY RELEASED PARTIES OR BASED ON DEATH, DISABILITY, PERSONAL INJURY, OR PROPERTY DAMAGE (COLLECTIVELY, "CLAIMS"), ARISING FROM OR RELATED IN ANY WAY TO MY PARTICIPATION IN ANY ACTIVITIES OR YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, YOU FURTHER AGREE THAT NEITHER YOU NOR ANYONE CLAIMING THROUGH YOU SHALL SUE, TAKE ANY LEGAL ACTION, OR MAKE ANY CLAIMS AGAINST ANY OF THE RELEASED PARTIES OR ANY OF THEIR PROPERTY AS A RESULT OF MY PARTICIPATION IN ANY ACTIVITIES OR USE OF THE SERVICE.
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, FOR USERS WHO HAVE MADE PURCHASES FROM COMPANY, SUCH MONETARY CAP WILL BE THE AMOUNTS PAID BY USER TO COMPANY FOR THE PURCHASE DIRECTLY CONNECTED WITH THE LIABILITY CLAIM). IN ADDITION, COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATE DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Company's control, and you acknowledges that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
Company may terminate your access to all or any part of the Service at any time, with or without cause, effective upon notice (which may be via email) thereof to you. Upon termination notice from Company, you will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of Company or its software suppliers and protected by United States and international copyright laws.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.