"The Trip Tribe" is part of Adventurati LLC.
The following terms and conditions govern your (“You” or “User”) use of this Web site (the “Site”). The Site is owned and operated by Adventurati, Inc. (“Adventurati”). Use of the Site is offered to the User conditioned on acceptance by the User without modification of the terms, conditions and notices contained herein. Use of the content, services, and/or products presented in any and all areas of these sites constitutes the User's agreement to abide by the following terms and conditions and those posted in specific areas of these sites. Adventurati may revoke Your ability to use the Site at any time and for any reason (or no reason).
Adventurati may amend these terms and conditions at any time. All amended terms and conditions shall automatically be effective upon being posted by Adventurati to the Site. Accordingly, You should check the Site frequently for any changes to these terms and conditions.
Copyright and Trademark Information
All contents of the Site are: Copyright © 2010-2013, Adventurati LLC, or are copyright of third-party content providers, and are protected by international copyright law. All rights reserved.
None of the Content shall be construed as an offer for the sale or provision of any services, goods, or products of Adventurati or any other entity. All content contained in this Site is provided for informational purposes only. Adventurati may modify all tour itineraries, prices, dates, hotels, departures, destinations, and availability of the foregoing at any time without notice.
THE SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SITE OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, Adventurati MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. Adventurati DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, Adventurati’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. USE OF THIS SITE IS AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL Adventurati BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Adventurati HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Adventurati SHALL NOT BE LIABLE FOR ANY MONETARY AMOUNT TO YOU AS A RESULT OF OR ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR Adventurati MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, Adventurati’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Adventurati IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF THE SITE.
Relationship With Other Parties
Unless otherwise indicated, Adventurati is not an agent or representative of any third party and has not authorized any third party to act on its behalf. Adventurati’s use of a trademark, service mark, trade name, logo, slogan, or symbol, or other designation in connection with a product or service of another entity (including all hotels, airlines, car rental agencies, cruise tours) should not be construed as an indication of Adventurati’s sponsorship of, affiliation or connection with such other entity.
Links to Sites of Other Parties
The Content contained on this Site may include links to other sites. The other sites may not be under the control of Adventurati and Adventurati is not responsible for the information or content contained on any web site not owned by Adventurati. Adventurati has included the links as a convenience to you. Adventurati does not endorse, sponsor or approve any other site, or product or service offered by any other site, for which it has provided a link.
Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions or use of this Site.
1. I understand that Adventurati, Inc. and The Trip Tribe (together hereafter "Adventurati") sponsors a variety of activities, including sailing, skiing, adventure travel, cultural activities, water sports and other sports, various types of travel and social events in the United States and around the world. I am fully aware that many of Adventurati's activities are inherently dangerous activities, which involve the risk of serious injury or even death. These inherent risks may be unforeseen. I agree that by participating in any Adventurati-related activity, I am responsible for my own safety and welfare and agree that I knowingly and voluntarily assume the full risks involved in any such activity.
Adventurati operates this program solely as an independent contractor. The services described in Adventurati documents, including without limitation transportation, lodging, and sight-seeing, are provided by the carriers, hoteliers and other suppliers that are independent contractors and not agents for, nor employees, partners or joint ventures of Adventurati. Adventurati is not responsible for any loss of, or damage to property, or death, or injury resulting from any act or omission of any supplier providing any tour service or any other person or entity, or caused by strike, war, weather, quarantine, sickness, government restriction or regulation, or any other cause beyond its reasonable control. You, the passenger, waive any rights which you may have against Adventurati in connection with the foregoing. Under no circumstance is Adventurati to be construed as a carrier under contract for safe carriage of the passenger or his or her baggage and belongings. Adventurati shall be responsible to the client for supplying the services and accommodations offered on the client's invoice / itinerary except to the extent such services and accommodations cannot be supplied due to causes beyond the control of Adventurati. This duty arises out of contract between the client and Adventurati and there are no other implied or expressed duties outside of said contract.
2. I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with boating activities, transportation of equipment related to the activities, and traveling to and from activity sites of which I am about to engage in. Inherent hazards and risks include but are not limited to:
3. I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that there may not be rescue or medical facilities or expertise necessary to deal with injuries and damages to which I may be exposed. I am also aware that there is a risk of failure of the operators and their staff - including third party operators - to safeguard or protect me from the risks, dangers, and hazards or the activities.
I understand that while traveling with Adventurati, to the destination of my choice, I risk exposure to various health or life threatening dangers, to include, but are not limited to: theft, transportation accidents, natural disasters, social unrest and terrorist attacks; and that Adventurati will make reasonable effort to avoid such dangers and/or provide care, in the event I fall victim to these, or similar dangers. I also understand that in so doing Adventurati admits to no fault or liability, and therefore I release Adventurati from liability from my involvement in any of these dangerous situations. In consideration of the right to participate in a Adventurati trip, and the service arranged for me by Adventurati and its agents and representatives as introduced through this agreement, I do hereby assume all risks of bodily injury, death, emotional trauma, property damage and/or theft resulting from negligence or any other acts, however caused, and I release Adventurati and all of its agents and representatives from any and all liability, actions, causes of actions, suits, debts, demands that I may have for bodily injury, death or property damage, loss of income, and claims of every sort and nature whatsoever, which have or may arise out of, or in connection with my participation in an Adventurati trip or other activity.
Medical. By booking a trip with Adventurati, you certify that you do not have any physical or other condition or disability that would create a hazard for yourself or other passengers. It is essential that any participant with a medical condition requiring regular treatment notify Adventurati and the trip leaders in writing at the time of submission of this form. While Adventurati will make reasonable efforts to accommodate special needs we assume no responsibility for medical care. Adventurati reserves the right to refuse any client access to, or continuation on, this trip if it deems you are not fit to start or continue. Once you have been confirmed on this trip, medical circumstances will not be considered as exceptions to our cancellation policy. If you are taking medications, it is your responsibility to bring these on the trip. We recommend you bring any medication in its original, labeled container. We also strongly recommend you carry printed copies of all prescriptions, though we cannot guarantee filling medical prescriptions while overseas. If you need prescription eye glasses for any purpose, we recommend you bring at least one extra pair of eye glasses on this trip.
4. To the fullest extent allowed by law, I agree that I will not institute any lawsuit or other legal action against Adventurati, its officers, directors, delegates, employees, staff, instructors, agents, representatives, servants, or assigns and all organizations and individuals assisting in promoting, conducting or otherwise affiliated with the activity as a result of my participation in or injury from any Adventurati-related, Adventurati organized, Adventurati-advertised, Adventurati-sponsored or Adventurati-subsidized activity.
5. Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in any way in boating tours and related activities, I hereby agree, acknowledge and appreciate that:
A. I hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, the following named persons or entities, herein referred to as releasees: Adventurati, Inc., The Trip Tribe, and David S. Aidekman.
B. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels form liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
C. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
6. I agree to indemnify and hold harmless Adventurati from any loss, liability, damage or costs, including court costs and attorney fees, and other incidental or consequential damages that they may incur due to my participation in said activities, whether caused by negligence or otherwise.
7. I understand and acknowledge that Adventurati is acting in reliance upon agreements made by me in this General Release in order to extend to me the benefits of membership in Adventurati's activities and that, were I not willing to abide by the terms of this document, such membership and opportunity to participate in Adventurati-related, Adventurati organized, Adventurati-advertised, Adventurati-sponsored or Adventurati-subsidized activities would not be extended to me
8. I hereby agree to release and discharge Adventurati, its heirs, executors, administrators, successors and assigns from any and all actions, causes of action, suits, charges and obligations, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against Adventurati, I or my heirs, executors, administrators, successors and assigns ever had, now have or hereafter can, shall or may have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of time to the date of this General Release.
9. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. I have read this release of liability and assumption of risk agreement, and I fully understand its terms, and understand that I have given up legal rights by signing it, and I sign it freely and voluntarily without inducement. In signing this release, I acknowledge and represent that I have read the foregoing General Release, Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed. This is the entire agreement. No oral representations, statements, or inducements apart from the foregoing written agreement have been made. I am at least eighteen years of age and fully competent; and I execute this Release for full, adequate, and complete consideration fully intending to be bound by same.
I have carefully read this entire Release of Liability and Assumption of All Risks, and I have read the complete Terms and Agreements, including notification of cancellation penalties. I fully understand all contents of this document and agree to same.
Adventurati respects your privacy and is committed to protect the personal information that you share with us. By using this site, you are accepting the practices described in this policy.
INFORMATION THAT WE COLLECT: Adventurati will never collect personal information from you without your knowledge and consent. You always have the right to decline to disclose any or all of the requested information. However, if you decline to disclose certain pieces of information to Adventurati, you may be unable to fully access all of the features of the Adventurati website or other Adventurati services.
If you use the Adventurati website, you will be given the opportunity to share certain information about you and/or your preferences, including your name, travel destinations and photographs, your email address, and other personal information (collectively “Shared Information”) on the Adventurati website.
Adventurati may also collect other personal information that is not shared, to ensure proper booking of your experiences. Such "Booking Information" may include each passenger’s name, address, phone number, email address, passport number, emergency contact information, credit card information, airline and hotel preferences, frequent flyer program information, sensitive information such as health, medical, dietary, mobility, or other special requirements, among other personal information.
You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply us with such information. You are responsible for maintaining the secrecy of your member ID and password.
You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the website and to create binding legal obligations for any liability you may incur as a result of the use of the website. In addition, You will be financially accountable for all use of the website by you and anyone using your password and login information, with or without your consent.
SHARING AND USE OF PERSONAL INFORMATION: Personal information will never be shared with any third party by Adventurati other than for the purposes described in this document. We may disclose your information if:
Shared Information. Shared Information (defined above) will be accessible to all individuals who view the website. Even if you do not create an account on the Adventurati website, but your information is posted by another person, your name, photograph and/or other information may be shared on the Adventurati website by that individual.
Booking information. In order to process your booking, Adventurati will need to use personal booking information (defined above) for you and other passengers included in your booking. This personal information may be passed on to other suppliers of your travel arrangements in addition to public authorities (such as customs and immigration), security and credit checking organizations, and otherwise as required by law. Similarly, we may also need to provide personal information to contractors who provide services to or for us (e.g., sending mail, processing payments, providing marketing assistance).
Adventurati occasionally shares personal information, such as name, address, and email address, with sub-contracted third parties with whom we have partnered to provide specific services to our company or our customers, or with travel companies with whom our customers have contracted for the purpose of facilitating travel reservations.
The Adventurati website uses Facebook Connect. All of your Facebook profile information is treated identically to your privacy settings on Facebook, as described on this webpage: http://www.facebook.com/policy.php . We are contractually obligated to respect the privacy settings you've chosen for your Facebook account.
We may also use the personal information you provide us to review and improve the services that we offer, and to contact you about other tours and services offered by Adventurati that you may be interested in. Adventurati may use your email address to send you emails from adventurati.com with information about our services and our trips. You may unsubscribe from these emails at any time. We will also use your email address to provide information about trips that you have booked or to ensure proper booking. Adventurati may send you offers or other information on behalf of our business partners. If you take advantage of an offer from an Adventurati business partner and become their customer, they may independently wish to send emails to you. In this case, you will need to inform them separately if you wish to decline receiving future emails from them.
Adventurati uses website tracking analytics tools to monitor, in aggregate, the use of this website. This information is used to measure response rates to webpage and email hyperlinks as well as overall site activity.
STORAGE OF PERSONAL INFORMATION: All user data is stored securely on our servers using the same security precautions that we use for our business confidential proprietary information. We will delete any of your personal data at your request.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS: All information, comments, feedback, photographs, suggestions and ideas disclosed, submitted or offered to Adventurati in connection with the use of this website (collectively, “Comments”), shall be and remain the exclusive property of the author, but, by submitting the same to Adventurati, the author hereby grants to Adventurati a non-exclusive, irrevocable, royalty-free, freely-assignable (through multiple tiers) right and license to use such Comments, in any medium, for any and all purposes, including but not limited to, commercial purposes (including, without limitation, product development, manufacturing, distributing and marketing), displaying publicly, reproducing, or creating derivative works therefrom. For example, your comments may be used in online, radio, television and print advertisements, and your photographs may be used in our marketing materials. Your name may be used with any Comments you submit. Adventurati is under no obligation to maintain your name or your Comments in confidence, to pay to you any compensation for any Comments submitted, to credit you with respect to any Comments, or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. By submitting any Comments to Adventurati or this Site, you are representing and warranting to Adventurati that you are the exclusive author of such Comments, that such Comments are your original work, and that you have all right, title and interest necessary to grant the rights to Adventurati granted by Your submission of such Comments to Adventurati.
PUBLIC PAGE POSTINGS: Please be aware that any messages, information or materials posted on our public pages are not subject to the terms of our Privacy Policy. Please do not submit any information to our public pages that you would like to be kept private or secure. Adventurati does not control or regularly review the messages, information or materials posted in the public pages. It is a condition of your use of the public pages and the website that you do not upload to, post, distribute or transmit to or through the website any messages, information or materials which violate or infringe in any way the rights of others, or which are libelous, defamatory, obscene, pornographic, threatening, abusive, unlawful or would otherwise violate any law, or encourage such conduct, or which, without Adventurati's express written consent, contains advertising or any commercial solicitation; post or transmit any material that contains a virus or other harmful component; restrict or inhibit anyone from using and enjoying the public pages.
Adventurati has no responsibility for the content of any messages, information or materials uploaded, posted, distributed, or transmitted by users of the website, including the public pages. However, Adventurati retains the right, but not the obligation in its sole discretion, to monitor, review, edit, delete or refuse to post any third-party content that Adventurati, in its sole discretion, deems to be objectionable, in violation of these terms and conditions, or for any other reason or no reason. Adventurati reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
By submitting messages, information and material to any public page (including, without limitation, any image You may use as an avatar) you are granting Adventurati a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part or incorporate it in any form, medium or technology now known or later developed.
You agree to indemnify and hold harmless Adventurati and all officers, directors, shareholders, employees, authorized representatives and agents from and against all claims and expenses, including attorneys' fees, arising out of any messages, information or materials uploaded, posted, distributed, or transmitted to or though the website, including the public pages, by You or through your account or any user ID you may establish.
CONTESTS: When you enter a contest or other promotional feature on the website, we may ask for your Personal Information so that we can administer the contest and notify winners. Participation in these contests is completely voluntary and you therefore have a choice whether or not to disclose the required information.
USE OF THE ADVENTURATI WEBSITE: Limited License. Adventurati grants to you a limited, revocable and non-exclusive license to access and make personal use of the website solely for its intended purpose and for no other purpose. Adventurati may revoke this license at any time and without prior notice, for any reason or for no reason, in Adventurati’s sole discretion. No portion of the website may be modified, copied or framed without the express prior written consent of Adventurati except that you may make one copy of these Terms of Use for your personal records. Without limiting the foregoing, the information, data, software, photographs, logos, graphs, video, typefaces, graphics, music sounds, images, illustrations, designs, icons and other materials (collectively, “Content”) on this Site are copyrighted works of Adventurati or its content providers. Content retrieved from this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the express written permission of an authorized officer of Adventurati. You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding Your use of the Site. Use of the Site does not act as an express or implied grant to you of any right or remedy under any law governing trademarks /service marks, copyrights, patents, unfair competition or trade secrets.
Entry. It is the responsibility of the participant to enter his/her name in the contest drawing. Participation is voluntary. Should you wish to enter the drawing, simply register as a user of The Trip Tribe, invite one friend to join using the online invitation form, and ensure that friend redeems their invitation. Participants are providing information to Adventurati, Inc., and not to Facebook.
Limitations. Limit is one (1) entry per person for each of up to three (3) friends joining.
Prizes. Winners will receive one (1) prize as listed on the front contest page at the time of entry.
Odds of winning. Odds of winning depend upon the number of completed entries received.
Availability. The survey is open to eligible participants on the dates announced on the contest page of The Trip Tribe website. A randomly generated list of prize winners will be compiled within seven (7) days of the close of the contest. The closing date may be extended at the discretion of the The Trip Tribe, with notification of that extension posted on the contest website. Winners will be notified via email within 48 hours of the drawing. The Trip Tribe is not responsible or liable for lost, misdirected, or unsuccessful efforts to notify winners. In order to receive the prize must advise the Administrator of the address to which the prize should be sent. If any of the winners do not reply to such notification within 5 business days of date on prize notification, such winner will be disqualified and an alternate winner will be selected.
Eligibility. The contest is open to any US person. Winners must be at least 18 years of age. Only one individual is eligible to win.
Promotion. Participation in the contest constitutes acceptance of these contest rules and permission for use of winners’ names and home city for purposes of advertising, promotion and publicity utilizing the media of the Sponsor's choice without additional compensation by The Trip Tribe. In the case of any dispute, the matter will be decided by The Trip Tribe in the exercise of its discretion.
Limits of Liability. The Trip Tribe does not bear any responsibility whatsoever for injuries, losses, or damages of any kind that result from acceptance, possession, or use of any prize. The Trip Tribe will not assume liability for lost, late, damaged, incomplete, or misdirected survey submissions whether due to technical or computer malfunctions, human error, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect, or otherwise. The Trip Tribe does not assume liability for technical or computer malfunctions of any kind, failures of any telephone computer line or network, computer equipment, software, or any combination thereof. Entry data that have been tampered with or altered are void. The Trip Tribe reserves the right to cancel, terminate, or suspend the drawing at any time if the website is infected by a virus, the website is hacked or the integrity of the drawing is compromised in any way and in such event, to select the winners from among all valid entries received, up to such time of cancellation, termination or suspension.
Winner Responsibilities. Winners are solely responsible for the reporting and payment of any tax liabilities incurred.
Release. By entering, participants release and hold harmless The Trip Tribe, Adventurati, Inc., Facebook, and their directors, officers, employees, and agents, from any and all liability, injuries, losses or damages of any kind caused by any prize or incurred with respect to the awarding, acceptance, receipt, possession, and/or use or misuse of any prize and acknowledge that the Sponsors nor Administrators nor Facebook are not liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. The promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook.
Rights. Participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and Sponsor in connection with this Drawing, shall be governed by, and construed in accordance with, the substantive laws of Washington, DC, USA.