Last Updated: September 9, 2014
Use of Service Providers. Earth Missions provides a platform that allows you to make purchases from various service providers (“Service Providers”). Even if an activity is branded as provided by Earth Missions, we use Service Providers to provide and operate such activity and you are still subject to all terms in these Adventures Terms related to Service Providers. Earth Missions is not an agent of either you or the Service Providers. You understand and agree that we are not responsible for the products and services you purchase from the Service Providers. The Service Providers, and not Earth Missions, provide those products, services and/or activities and are solely responsible for all issues, warranties, injuries, illnesses, damages, claims, liabilities and costs related to those purchases, services or activities. You authorize us to share with Service Providers the information regarding you and your purchases necessary to process your orders. You may not combine your membership or bookings with another person’s booking to create one reservation. You may not sell, auction or transfer your reservations to a third party.
You may be Subject to Terms Imposed by Service Providers. Service Providers may require you to agree to additional terms and conditions in connection with the products and services you purchase from them. Please read all additional terms and conditions carefully. You agree to abide by all additional terms and restrictions, including without limitation, availability, age and occupancy requirements, pet policies, policies on children, fares and other restrictions. You agree that any violation of any such terms or restrictions may result in cancellation of your reservation, your forfeiture of costs and expenses in connection with your reservation, and you being responsible to Earth Missions for any costs we incur as a result of such violation.
Order and Payment Terms. All purchases and reservations made through our Site must be prepaid in full. You also agree to pay us all such other fees, costs, expenses and charges in connection with your purchase. All orders placed through our Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the booking is no longer available or has been mispriced, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has already been charged for an order that we later cancel not due to your violation of these Adventures Terms, we will issue you a refund.
Booking Unavailability. Your booking may be available when you place an order, but become unavailable prior to the date of the activity. If this occurs, your sole remedy is to contact Earth Missions or the Service Provider to make alternative arrangements or to cancel your reservation.
Our Product Descriptions. We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.
About Our Prices. We pre-negotiate rates with Service Providers. In order to facilitate the purchases on your behalf, we retain service fees, which vary according to each reservation. The rates displayed on our Site reflect the pre-negotiated rates and include our service fees. We do not guarantee that we offer the best available rates for the products and services available on our Site. While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any booking placed on our Site if the price was incorrectly provided as a result of an error, modified by the Service Provider and other reasons. In such instances, we will notify you by email and correct the price on our Site. Sometimes, additional charges will apply to your book (extra travelers, fees, taxes, incidentals, etc) that you do not pay at the time of checkout. You will be responsible for paying all such charges directly to the Service Provider.
Cancellations and Changes to Bookings. We do not accept cancellations or changes to bookings and purchases made on our Site except in extraordinary circumstances. However, if you have any issues with your order, please contact our support team at email@example.com or 888-416-1459 and we will work to review and resolve the issue in the way we deem most appropriate, subject to our sole discretion. We may accept returns or issue refunds for certain products and services on a case-by-case basis. Certain purchases and reservations available on our Site may have other specific rules and restrictions regarding cancellation and changes, subject to the discretion of the Service Provider or us. You may be charged a cancellation or change fee and you agree to pay any such cancellation or change fee you incur.
Taxes, Fees and Incidental Charges. Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order. Taxes charged in connection with your purchases depend on the type and location of the purchase and/or Service Provider, rules governing Service Providers and other factors. Service Providers may also charge service fees. Before confirming your purchase, you are able to review all such additional taxes and fees. The purchases made on our Site do not include incidental expenses, except as specifically described in your itinerary, and you are liable for all such incidental expenses that you incur during, or in anticipation of, your purchased product or service.
Travel Insurance. We recommend that you obtain independent travel and other insurance to adequately cover you for medical expenses, accidents, property loss, and curtailment or cancellation of your trip. Such insurance is not included with your purchase on our Site.
Assumption of the Risk. You acknowledge and agree that participation in activities, such as adventure travel, involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. You agree that you have considered the nature and extent of the risks involved and voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of others and assume full responsibility for your participation in such activities.
Membership. Earth Missions provides its users with access to sale events of goods, services and activities. To become a member of Earth Missions, you are required to register for an account. You agree to provide accurate and current information about yourself in all registration, purchase and checkout forms used with our Site. You agree to keep your information current. Our Site is intended solely for users who are 18 years of age or older and it is a violation of these Terms of Service for anyone under 18 to use our Site. Users may not have more than one active account. Users with more than one active account may be suspended or removed from our Site and barred from reuse.
Additional Terms and Conditions. Additional terms and conditions may apply to certain purchases. Such additional terms and conditions are in addition to these Terms of Service and you agree to abide by such additional terms and conditions.
Safeguard Your Password. You are responsible for maintaining the security of your account and password, and restricting access to your computer or device. You agree to that you are responsible for all activities that occur under your account or password.
You are Solely Responsible for Your Content and Use of the Site. You are solely responsible for your user content and your activity on our Site. Do not submit content that (a) is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion, (b) violates or infringes anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets, (c) violates or infringes anyone’s privacy or publicity rights, such as posting images of someone without their permission, (d) involves the transmission of “junk mail”, unsolicited mass mailings or “spam”, or (e) falsely implies that we sponsor, endorse or are otherwise affiliated with you or your user content.
User Content Is Not Prescreened. We do not prescreen content posted by users and cannot guarantee our Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on our Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content.
We May Restrict Your Use. You may use our Site only to the extent that you abide by these Terms of Service and all laws applicable to your use of our Site. We have the right to not process a transaction if we believe it violates any agreement, or exposes you, other users, our partners or us to harm, such as fraud or criminal acts. If we suspect, in our sole discretion, that your account has been used for an unauthorized, illegal or criminal purpose, you agree that we have the right to share your information, your account and your transactions with law enforcement. You may only use our Site in the United States and may not directly or indirectly export our services. Our Site may be subject to export restrictions imposed by law. You shall not use our Site for any purpose competitive to Earth Missions.
Mobile Use May Not be Fully Supported. Our Site may be available for mobile use, but such use may not be supported by all carriers and devices. Your use of our Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.
License to Use the Site. So long as you comply with the these Terms of Service, Earth Missions grants you a limited, worldwide, nonexclusive, nontransferable, revocable, personal license to access and use our Site for your personal use solely to make purchases and interact with our Site in accordance with these Terms of Service. We may modify or discontinue offering any or all of our services at any time without notice to you and without any liability. You agree to use our Site in a manner consistent with all laws and regulations and in accordance with these Terms of Service. You represent and warrant that your content you post and your activities on our Site do not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights. Except as expressly and unambiguously permitted in these Terms of Service, you may not, nor may you permit anyone else to, directly or indirectly: (a) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from our Site; (b) transfer any rights granted to you under these Terms of Service; (c) perform or attempt to perform any actions that would interfere with the proper functioning of our Site, prevent access to or use of our Site by other users, or impose an unreasonable or disproportionately large load on our infrastructure; (d) take any action or use our Site in a way that violates law, would create liability or promote illegal activities, (e) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account, or (f) otherwise use our Site except as expressly allowed under this paragraph.
Our Intellectual Property. Our Site is protected by U.S. copyright laws, trade secrets, international treaty provisions and other intellectual property laws. Earth Missions owns all right, title and interest in and to our Site (including any copies, updates or upgrades and all derivative works thereof), Earth Missions’ trademarks and services marks and all intellectual property and other proprietary rights therein. You may not remove or obscure any identifying notices that we have placed on our Site, including without limitation, any copyright or proprietary notices. Earth Missions reserves all rights not expressly granted to you in these Terms of Service.
Improper Use of Your Copyrights. If you are a copyright owner and you believe that your work has been copied and used on our Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the location of the alleged infringement on our Site; (c) your contact information including address, telephone number and e-mail address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at firstname.lastname@example.org. Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
Your Representations and Warranties. You represent and warrant that: (a) you are at least 18 years of age; (b) the information about yourself you have provided in connection with our Site is true and accurate; (c) you are eligible to use our Site and have the right and power to enter into these Terms of Service; (d) you and will comply with all federal, state and local laws; (e) you will not use our Site, directly or indirectly, for any fraudulent undertaking or other illegal improper purpose, or in any manner that interferes with the operation of our Site; and (f) you and your use of our Site will be in compliance with these Terms of Service.
Warranty Disclaimer. Our Site is provided “AS IS,” “AS AVAILABLE,” and without warranties of any kind. You use our Site at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title and non-infringement related to or arising out of our Site, any content on our Site, or any products or services purchased or made available on our Site, as well as warranties implied from a course of dealing or course of performance. Without limiting the foregoing, we do not warrant that (a) our Site or other products and services will meet your specific requirements or desired results, (b) our Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that our Site is free of viruses or anything else harmful, (c) the results obtained from the use of our Site will be accurate or reliable or (d) that our Site will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of our Site or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device in which you access our Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all of our Site and other items used or contained in our Site at any time without notice. No advice or information, whether oral or written, obtained by you from Earth Missions or through our Site will create any warranty not expressly stated herein.
Limitation of Liability and Damages. The providers whose products and services are available on our Site are independent contractors and not agents or employees of Earth Missions. Earth Missions is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that you assume full responsibility for your use of our Site and the purchase and use of products and services available through our Site. To the maximum extent permitted by applicable law, Earth Missions, its affiliates, officers, directors, employees, agents, services providers and licensors shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (a) the use or the inability to use our Site or any errors, omissions or inaccuracies in any content in our Site; (b) our Site or the conduct of other Site users or third parties; (c) the performance of the products and services purchased through our Site; (d) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from our Site; (e) unauthorized access to or alteration of your data, content or personal information; (f) termination or downgrading of your account, (g) any bugs viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (h) user content or defamatory, offensive, or illegal conduct of any third party, (i) the services, activities, events and adventure travel made available through our Site, (j) any action we take or fail to take, (k) any damages or injury arising from any use of products and services made available through our Site, or (l) any other matter relating to our Site or any products or services made available through our Site.
Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to these Terms of Service and your use of our Site is to stop using our Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of our Site, our liability shall never exceed the amounts paid by you to us in connection with our Site. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.
Indemnity. You agree to indemnify, defend and hold harmless Earth Missions, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (a) your use of our Site, (b) the products and services purchased through our Site, (c) any liabilities, claims, damages and injuries arising from or related to any act or omission of a Service Provider or another third party, (d) your conduct in connection with our Site, or (e) your violation of these Terms of Service, any law or the rights of any third party.
Other Sites and Services. Our Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Other Sites”). We do not endorse, monitor or have any control over these Other Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Other Sites and you access such Other Sites at your own risk. We expressly disclaim any liability for these Other Sites.
Consent to Electronic Communications. By using our Site, you agree to receive certain electronic communications from us, whether on our website, through our Site or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Earth Missions may be recorded.
Interactions with Other Users. You are responsible for your interactions with other people, whether through our Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through our Site, or persons who find you because of information posted on, by or through our Site. You agree to take reasonable precautions in all interactions with other users on our Site, whether online or offline, and conduct any necessary investigation before meeting another person.
Users Outside the United States. We control and operate our Site from our offices in the United States. We do not represent that our Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use our Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, our Site is solely directed to users located in the United States.
Termination. You may terminate these Terms of Service by closing your account at any time. We reserve the right in our sole discretion to (a) terminate your account, (b) delete your profile and any of your content, (d) restrict your use of all or any part of our Site, and (d) modify or discontinue our Site (or any part of our Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to our Site. These Terms of Service shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms of Service to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.
Amendments. We may change the Terms of Service at any time by posting a temporary notice of the changes in the footer of our Site, and the changes will be effective upon posting that temporary notice to our Site. By continuing to use our Site following the posting of such a temporary notice, you will be deemed to have agree to the revised Terms of Service.
Limitations on Claims. Any cause of action or claim you may have with respect to Earth Missions or our Site (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred.
No Waiver. Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Service.
Assignment. You may not assign these Terms of Service or any rights and licenses in these Terms of Service. These Terms of Service may be assigned by Earth Missions without restriction.
Severability. If any provision in these Terms of Service is invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.