Terms & Conditions
WEBSITES TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS AND CONDITIONS
Thank you for visiting excursionist.com, americanexcursionist.com and ‘‘or” canadianexcursionist.com (The “Websites”). The following terms and conditions is a legal agreement between you and Excursionist LLC ("Excursionist", "we", "our", or "us") that governs the access and use of our websites and any of its content either as a registered agent or as a guest.
The websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
As a condition to use our websites you should be at least 18 years old and you must possess the legal authority to create a binding obligation with Excursionist LLC. If you don’t possess such requirements do not access or use our websites.
2. CHANGES TO THE TERMS AND CONDITIONS
Excursionist reserves the right, in its sole discretion, to change the Terms under which is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
3. YOUR ACCOUNT
If you use this websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Excursionist is not responsible for third party access to your account that results from theft or misappropriation of your account. Excursionist and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
4. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Excursionist and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Excursionist is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by of the site or any association with its operators.
Certain services made available are delivered by third party sites and organizations. By using any product, service or functionality originating from the domain, you hereby acknowledge and consent that may share such information and data with any third party with whom has a contractual relationship to provide the requested product, service, or functionality on behalf of users and customers.
5. NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use strictly in accordance with these terms and condition. As a condition of your use of the websites, you warrant to that you will not use the websites for any purpose that is unlawful or prohibited by these Terms. You may not use the websites in any manner which could damage, disable, overburden, or impair the websites or interfere with any other party's use and enjoyment of the websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the websites.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Websites, is the property of Excursionist or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
The content on our websites including but not limited to itineraries, experiences, inspiration articles and other travel services as well as the infrastructure used to provide you such information is proprietary to us and our suppliers. While you can create some white labeled documents to inform your clients about the services we offer, you agree not to modify, publish or license, any information, software, products, or services obtained through our websites without authorization.
You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of or our licensors except as expressly authorized by these Terms.
6. WEBSITES CONTENT AND CHANGES
The information presented in our websites is subject to change at any moment. We do not warrant the accuracy, timeliness, completeness, or usefulness of this information, including but not limited to the descriptions or prices of hotels, experiences, tours, transfers, and any other product or other services display in our websites.
Our Websites may include information and content provided by Third parties, we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or for their opinions and statements.
7. INTERNATIONAL USERS
The Service is controlled, operated, and administered by Excursionist from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the websites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Websites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Excursionist reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with in asserting any available defenses.
At Excursionist sole discretion, you may be required to submit any disputes arising from the use of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
11. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITES AT ANY TIME.
ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12. TERMINATION AND ACCES RESTRICTION
Excursionist reserves the right, in its sole discretion, to terminate your access to the websites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida in the United States of America and you hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Websites. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Excursionist as a result of this agreement or use of the Websites. Excursionist's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by with respect to such use. 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 liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Excursionist with respect to the websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and with respect to the Websites. A printed version of this agreement and of any 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. It is the express wish to the parties that this agreement and all related documents be written in English.
13. CONTACT US
Excursionist welcomes your questions or comments regarding the Terms, please email us at [email protected] or call us at +1-646-429-0899.
Effective as of March 25, 2018