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ADVENTURE ENGINE INC., its subsidiaries
and affiliates ("AdventureEngine") requires that all the visitors
to our site(s) on the World Wide Web (the "Site") adhere to the
following rules and regulations. By accessing the Site you indicate your acknowledgment
and acceptance of these terms and conditions.
1. Laws and Regulations
User access to and use of the Site
is subject to all applicable international, federal, provincial and local
laws and regulations.
2. Copyright/Trademarks
The trademarks, logos and service
marks ("Marks") displayed on the Site are the property of AdventureEngine
and other parties. Users are prohibited from using any Marks for any purpose
including, but not limited to use as meta-tags on other pages or sites on
the World Wide Web without the written permission of AdventureEngine or such
third party which may own the Marks. All information and content including
any software programs available on or through the Site ("Content")
is protected by copyright. Users are prohibited from modifying, copying, distributing,
transmitting, displaying, publishing, selling, licensing, creating derivative
works or using any Content available on or through the Site for commercial
or public purposes.
3. Purchasing trips through a resellers website
/ portal
You understand and agree that you are forming
a binding contract for the purchase of goods or services with Adventure Engine
Inc. and not with the owner of the affiliate or reseller website hosting a
link or portal to adventureengine.com. Our resellers and affiliates have
no legal relationship with you, nor any duty to provide compensation or any
remedy relating to a purchase with Adventure Engine Inc.
4. Deposits
A minimum deposit of 25% of the cost of your purchase
is payable at the time of booking. This deposit may or may not be nonrefundable
since each tour operator or other service provider may have its own policy
by which AdventureEngine must abide. All balances must be paid in full 10
business days prior to start of the trip or service.
5. No Warranties
All content, products, and services
on the site, or obtained from a web site to which the AdventureEngine site
is linked (a "Linked Site") are provided to you "AS IS"
without warranty of any kind either express or implied including, but not
limited to, the implied warranties of merchantability and fitness for a particular
purpose, title, non-infringement, security or accuracy. AdventureEngine does
not endorse and is not responsible for (a) the accuracy or reliability of
any opinion, advice or statement made through the site or a Linked Site by
any party other than AdventureEngine, or (b) the capabilities or reliability
of any product or service obtained from a Linked Site. Other than as required
under applicable consumer protection law, under no circumstance will AdventureEngine
be liable for any loss or damage caused by a user's reliance on information
obtained through the site or a linked site, or user's reliance on any product
or service obtained from a Linked Site. It is the responsibility of the user
to evaluate the accuracy, completeness or usefulness of any opinion, advice
or other content available through the site, or obtained from a Linked Site.
Please seek the advice of professionals, as appropriate, regarding the evaluation
of any specific opinion, advice, product, service, or other content.
6. Limitation of Liability For Use of the Site
and Linked Sites
The information, software, products
and descriptions of services published on the site or a Linked Site may include
inaccuracies or typographical errors, and AdventureEngine specifically disclaims
any liability for such inaccuracies or errors. Changes are periodically made
to the information on the site and Linked Sites. AdventureEngine may make
improvements or changes to the site at any time. You agree that AdventureEngine,
its affiliates and any of their respective officers, directors, employees,
or agents will not be liable, whether in contract, tort, strict liability
or otherwise, for any direct, indirect, punitive, consequential, incidental
or special damages (including without limitation lost profits, cost of procuring
substitute service or lost opportunity) arising out of or in connection with
the use of the site or a Linked Site, or with the delay or inability to use
the site or a Linked Site, even if AdventureEngine is made aware of the possibility
of such damages. This limitation on liability includes, but is not limited
to, the transmission of any viruses which may infect a user's equipment, failure
of mechanical or electronic equipment or communication lines, telephone or
other interconnect problems (e.g., you cannot access your internet service
provider), unauthorized access, theft, operator errors, strikes or other labour
problems or any force majeure. AdventureEngine cannot and does not guarantee
continuous, uninterrupted or secure access to the web site.
7. Limitation of Liability for Services Arranged
Through the Site
You agree that AdventureEngine is
a mere agent for the providers of services available through the site, including
but not limited to travel services. Any and all claims regarding any failure
or breach with respect to the services offered through the site are limited
to claims against any and all service providers. AdventureEngine hereby disclaims
any liability, whether based on contract, tort, strict liability or otherwise,
including without limitation liability for any direct, indirect, punitive,
consequential, incidental or special damages, in connection with the goods
or services provided by any carrier or other supplier through the site, including
without limitation liability for any act, error, omission, injury, loss, accident,
delay or irregularity which may be incurred through the fault, negligent or
otherwise, of such carrier or supplier and you hereby exonerate AdventureEngine
from any liability with respect to the same.
8. Confidentiality of User Communications
Except as required by law and in accordance
with the AdventureEngine Internet Privacy Statement, AdventureEngine will maintain the confidentiality
of all user communications which contain personal user information and which
are transmitted directly to AdventureEngine. Postings by a user on any message
board or in any chat room will not be protected as confidential and AdventureEngine
may use and provide information contained in any such postings (including
any ideas, concepts, know-how or other intellectual property) to any of its
subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate
by AdventureEngine. User should be aware that Linked Sites may contain confidentiality
provisions that differ from the provisions provided herein. AdventureEngine
is not responsible for such provisions, and expressly disclaims any and all
liability related to such provisions.
9. Linked Internet Sites
Except with our prior written permission,
AdventureEngine prohibits caching, unauthorized hypertext links to the Site
and the framing of any Content available through the Site. AdventureEngine
reserves the right to disable any unauthorized links or frames and specifically
disclaims any responsibility for the Content available on any other Internet
sites linked to the Site. Access to any other Internet sites linked to the
Site is at the user's own risk. User should be aware that Linked Sites may
contain rules and regulations, privacy provisions, confidentiality provisions,
transmission of personal data provisions, and other provisions that differ
from the provisions provided on the Site. AdventureEngine is not responsible
for such provisions, and expressly disclaims any and all liability related
to such provisions.
10. Transmission of Personal Data
User acknowledges and agrees that
by providing AdventureEngine with any personal or proprietary user information
through the Site, user consents to the transmission of such personal or proprietary
user information over international borders as necessary for processing in
accordance with AdventureEngine standard business practices. User should be
aware that Linked Sites may contain transmission of personal data provisions
that differ from the provisions provided herein. AdventureEngine is not responsible
for such provisions, and expressly disclaims any and all liability related
to such provisions.
11. Changes to Rules and Regulations
AdventureEngine reserves the right
to revise these Rules and Regulations at any time and users are deemed to
be apprised of and bound by any changes to these Rules and Regulations.
12. Violations of Rules and Regulations
AdventureEngine reserves the right
to seek all remedies available at law and in equity for violations of these
Rules and Regulations, including the right to block access from a particular
Internet address to the Site.
13. Access to Password Protected/Secure Areas
Access to and use of password protected
and/or secure areas of the Site is restricted to authorized users only. Unauthorized
individuals attempting to access these areas of the Site may be subject to
prosecution.
14. Use of "Cookie" File Features
AdventureEngine reserves the right
to store information on a user's computer in the form of a "cookie"
or similar file for purposes of modifying the Site to reflect users' preferences.
The AdventureEngine Internet Privacy Statement provides additional
information regarding AdventureEngine' use of cookies as well as procedures
for disabling cookies.
15. Jurisdiction/Governing Law
Users of this Site agree to submit
to the laws of the Province of British Columbia and applicable federal law
without regard to conflicts of laws principles.
Copyright © 2004 AdventureEngine Inc. All Rights
Reserved. AdventureEngine services and benefits are offered in Canada by AdventureEngine
Inc. Users of this site agree to be bound by these terms and conditions.
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