60 minutes
1 Hour
Throughout the season we offer rentals and guidance allowing you to experience Kennebunkport from the water. Kayaks, double kayaks, and paddleboards are a fun way to catch the sunset or see the Kennebunk River and Kennebunkport Harbor from a new point of view.
Water
A Hat
Sunscreen
Sense of Adventure
Please be sure to read and sign the waiver. If you have any questions, please call or email.
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Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS ALSO CONTAIN AN AGREEMENT TO SUBMIT ANY CLAIMS THAT MAY ARISE NOW OR IN THE FUTURE AGAINST NEW ENGLAND ECOADVENTURES LLC, AND/OR CERTAIN OTHER PARTIES FOR ANY REASON TO BINDING ARBITRATION”.
I agree that the terms and conditions set forth below constitute a binding agreement (this "Agreement") between me and New England EcoAdventures LLC, its parents, subsidiaries, predecessor and related entities. I, as ticket holder and/or purchaser, both on my behalf and on behalf of each person who joins a New England EcoAdventure tour, using tickets issued to me, acknowledge and agree that my purchase of tickets constitutes my acceptance of these terms and conditions.
REFUND AND RESCHEDULING POLICY
All sales are final. No refunds, reissue to gift cards, or rescheduling is permitted unless TRIP PROTECTION is purchased AT THE TIME OF SALE. Any add-ons (including but not limited to food or merchandise) not redeemed during a booked cruise cannot be refunded, exchanged, or applied to a future cruise.
TRIP PROTECTION POLICY
Trip Protection must be purchased at the time of purchase. Trip Protection allows for cancellations or rescheduling (subject to availability) of tickets 12 hours prior to departure time, for any reason. New England EcoAdventures must be notified via email or phone at least 12 hours prior to departure time of any change requests. Ticket-holders may opt to receive a gift card, a refund, or reschedule.
Refunds will be reimbursed for the full amount of each ticket and any unredeemed add-ons, less the Trip Protection and processing fees.
Rescheduling to a less expensive cruise will generate a partial refund. Rescheduling to a more expensive cruise will require an upgrade fee.
Trip Protection is voided and no refunds will be issued if 1) guest(s) arrive and check into the cruise, or 2) guest(s) are no shows without notifying us 12 hours prior to departure time.
CRUISE CANCELLATION POLICY
Activity may be cancelled due to severe weather or minimum passenger count.
Activity usually runs in light rain and moderate weather, but the seller may cancel the activity up to an hour before start time in the event of severe or unsafe weather conditions. In the rare situation the seller must cancel the event prior to departure, ticket-holders will be allowed to reschedule tickets (subject to availability), receive a gift card, or receive a full refund. “Full refund” will include Trip Protection if it was purchased, additional 3rd party processing fees may not get refunded.
WAIVER
You will be sent a digital waiver in a separate email. Please fill out the waiver before arriving for your scheduled cruise.
GIFT CARDS
Gift cards issued by New England EcoAdventures are considered “Gift Obligations” as defined by 33 MRS §2052(11), and are governed by Maine Law. Gift card sales cannot be redeemed for cash unless required by law, and are final and non-refundable. Gift cards may only be used for making purchases of tickets for tours offered by New England EcoAdventures or online and shore-based merchandise. Gift cards cannot be used for purchases onboard vessels or New England EcoAdventure affiliates including but not limited to parking services. Gift cards do not expire, there is no inactivity fee, and additional funds cannot be added. An initial transaction fee of 6% will be applied at the time of purchase. No fees are charged when the gift card is redeemed. For balance inquiries email matt@newenglandecoadventures.com.
RESTRICTIONS
PASSENGERS ARE PROHIBITED FROM BRINGING COOLERS, ILLICIT DRUGS, OR WEAPONS ABOARD THE VESSEL. PASSENGERS ARE PROHIBITED FROM SMOKING ON BOARD THE VESSEL OR BOARDING AREAS.
WARNING
I UNDERSTAND THERE ARE SUBSTANTIAL RISKS AND DANGERS ASSOCIATED WITH SHIP TRANSPORTATION, INCLUDING BUT NOT LIMITED TO, ENTERING/EXITING THE SHIP, ADVERSE WEATHER, ROUGH SEAS, TRIPPING, FALLING, AND COLLISION WITH OTHER SHIPS OR OBJECTS, WHICH MAY RESULT IN SERIOUS BODILY INJURY OR EVEN DEATH, AND/OR DAMAGE TO PROPERTY.
LIMITATION OF LIABILITY
I VOLUNTARILY AGREE TO ASSUME SUCH RISKS AND DANGERS (WHETHER DIRECT OR CONSEQUENTIAL AND WHETHER ARISING UNDER STATUTE, FROM NEGLIGENCE, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHERWISE) AND FURTHER AGREE TO RELEASE NEW ENGLAND ECOADVENTURES, LLC, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES (INCLUDING THEIR DIRECTORS, OFFICERS, AND EMPLOYEES) (COLLECTIVELY, THE "RELEASED PARTIES") FROM ALL LIABILITY, CLAIMS OR DEMANDS ARISING FROM BODILY INJURY OR DAMAGE TO PROPERTY (COLLECTIVELY, THE "RELEASED CLAIMS". ON BEHALF OF MY GUESTS AND ANY OTHER PERSON WHO USES TICKETS ISSUED TO ME TO ATTEND AN EVENT, I ALSO IRREVOCABLY WAIVE AND RELEASE ON BEHALF OF THEM, THEIR ATTORNEYS, AGENTS, SUCCESSORS, HEIRS AND ASSIGNS ALL RELEASED CLAIMS AGAINST ALL RELEASED PARTIES, NOTWITHSTANDING THAT SUCH RELEASED CLAIMS MAY HAVE BEEN CAUSED BY THE NEGLIGENT ACT OR OMISSION OF SUCH RELEASED PARTIES; PROVIDED, THE RELEASED CLAIMS SHALL NOT INCLUDE CLAIMS FOR DAMAGES ARISING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES. I FURTHER AGREE THAT I WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FOR ANY RELEASED CLAIMS ASSERTED BY ME, MY GUESTS, OR ANY OTHER PERSON WHO USES TICKETS ISSUED TO ME TO ATTEND EVENTS AT CFH, INCLUDING ALL ATTORNEYS' FEES AND COSTS INCURRED BY THE RELEASED PARTIES TO DEFEND SUCH CLAIMS; PROVIDED, THE RELEASED CLAIMS SHALL NOT INCLUDE CLAIMS FOR DAMAGES ARISING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES.
CONDUCT
I agree that I am responsible for my own conduct and the conduct of each person who enters the premises of New England EcoAdventures (including the waiting area, docks, and boats), using tickets issued to me, and that I and/or each person who enters the premises of New England EcoAdventures using tickets issued to me may be refused admission without refund, including if any of us are disorderly or fail to comply with any applicable rules.
DISCLAIMER
We work diligently to keep all information up-to-date. However, prices, listings, and other information are subject to change and are for informational purposes only. New England EcoAdventures assumes no responsibility for errors or omissions noted on this site. This site may contain hyperlinks to sites operated by parties other than New England EcoAdventures. New England EcoAdventures does not control such sites and is not responsible for their contents.
This Agreement shall be construed and enforced in accordance with the laws of the State of Maine, without regard to the conflict of laws provisions of such law.
On behalf of myself, my guests, or any other person who uses tickets issued to me to attend an event, I agree that any dispute between or among me, my guests, or any other person who uses tickets issued to me to attend an event, New England EcoAdventures, and any of their parents, affiliates, subsidiaries, owners, directors, employees, and independent contractors relating to my tickets or any issues that may arise in connection with any event shall be resolved by arbitration. I specifically waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claim. I understand that the arbitrator's decision will be final and binding, and that other rights that I may have if I went to court may not be available in arbitration. If any provision hereof is invalid or unenforceable in any jurisdiction, to the fullest extent permitted by law 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 in such jurisdiction, and shall be construed in order to carry out the intentions of this Agreement as nearly as possible. The invalidity or unenforceability of any provision hereof in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction. I agree that this Agreement constitutes the sole and entire agreement between me and New England EcoAdventures with respect to attendance at a New England EcoAdventures event and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
Last updated: June 1, 2021
Welcome to Vacay Services, Inc. d/b/a Explorabout (“Explorabout” “Company”, “we”, “us”, or “our”). Explorabout provides an online marketplace (the “Services”) that connects people seeking unique locations and experiences (“Explora” “you” or “Users”) with a refreshing variety of lesser-travelled locations (“Destinations”) and distinctive adventures (“Activities”) offered from a wide variety of venues, tours, and operators (“Providers”). The Services are accessible at www.Explorabout.com and/or our mobile software application (together with any content, functionality, and Services available therein, and successor site(s) or applications thereto, the “Platform”). By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Platform. These Terms govern your access to and use of the Platform and all Mutual Content (as defined below) and constitute a binding legal agreement between you and Explorabout.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN US AND YOU, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS.
THE PLATFORM IS AN ONLINE PLATFORM THROUGH WHICH EXPLORAS SEARCH FOR DESTINATIONS AND ACTIVITIES AND ARE CONNECTED WITH PROVIDERS. USERS UNDERSTAND AND AGREE THAT EXPLORABOUT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND EXPLORAS. EXPLORABOUT HAS NO CONTROL OVER THE CONDUCT OF USERS OR PROVIDERS ON THE PLATFORM OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
If you have any questions regarding the Platform, or any related Services, please contact us at contactus@Explorabout.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy located at [privacy policy].
“Booking” means a scheduled reservation to engage in an Activity coordinated and occurring on the Platform between an Explora and a Provider. “Platform Content” means all Content that Explorabout makes available through the Platform, including any Content licensed from a third party, but excluding User Generated Content.
“Mutual Content” means User Generated Content and Platform Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Listing” means the list of Destinations and Activities available through the Platform to provide the Services for Explora’s search via the Platform.
“User Generated Content” means all Content that an Explora posts, uploads, publishes, submits or transmits to be made available through the Platform and includes, without limitation, Listings.
BY USING THE PLATFORM, INCLUDING BY PLACING A BOOKING THROUGH THE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU AGREE TO THESE TERMS. THESE TERMS ALSO GOVERN THE RELATIONSHIP BETWEEN YOU AND A PROVIDER IN CONNECTION WITH BOOKINGS THAT YOU ACCEPT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR PLATFORM.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Explorabout Platform thereafter. Your continued use of the Explorabout Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
Explorabout is a two-sided marketplace that connects Exploras and with Destinations and Experiences for unique adventures.
Exploras may conduct a search whereby you can go to different regional “destination pages” on the Platform and see activities in different categories. There will also be a map function that will show activities in a given area. Once the user clicks on a particular activity information about that activity from the Provider will be displayed. Exploras can then select the Listing of their choice and execute a Booking once Explora has input its preferred payment method. Bookings are conducted through a third-party reservation system and then Exploras will receive a confirmation, via email, from the Provider.
Explorabout makes no representations or warranties about the quality of any Services or Activities from the Providers. Providers listed on the Explorabout Platform are not controlled by the Company, and Providers decide in their own discretion how to provide their Activities. We may, at our sole discretion, conduct an initial internal review of Providers when accepting them as Providers on the Platform, but the Company does not otherwise screen Providers. Exploras are required to use their independent judgment before Booking and Experience or otherwise interacting with Providers using the Explorabout Platform. Exploras are solely responsible for making decisions when choosing to work with Providers and may not rely on any internal screening process undertaken by Company. Exploras agree that Company has no liability for damages associated with Experiences or resulting from any other transactions between the User and the Provider.
Exploras and Providers engage on the Platform when they mutually agree to a Booking that stipulates the scope, fees and schedule via the third-party reservation system provided through the Explorabout Platform. A Booking is initiated by the Explora by submitting a Search, selecting a Provider from the Listing provided and then following the steps set forth on the Booking page. If you are an Explora and you initiate a Booking, you agree to pay for the Experience described in the Booking when you click the relevant button to pay for a Booking. All requests are subject to acceptance by the Provider. The Provider is not obligated to accept your request and may, at Provider’s discretion, decline for any reason.
Explorabout’s role is solely to facilitate the availability of the Platform and to provide Services related thereto, such as access to Booking and payment services of Providers. Explorabout does not provide and is not responsible for User Generated Content or any information or advice exchanged between Exploras and Providers during Bookings or otherwise. Explora understands and acknowledges that Explorabout is not responsible for and disclaims any and all liability related to any and all Listings and information provided on the Platform. Accordingly, all users of the Platform use it at their own risk. By using the Platform, Exploras agree that any legal remedy or liability that they seek to obtain for actions or omissions of Providers or other third parties will be limited to a claim against the particular Provider or other third parties who caused Explora harm and you agree not to attempt to impose liability on, or seek any legal remedy from Explorabout with respect to such actions or omissions.
All Bookings and Payments are managed and executed by the applicable Provider. Exploras are responsible for honoring their confirmed Bookings. Exploras acknowledge and agree that they will be solely responsible for attending the Activities respecting their Bookings and that Explorabout is not a party to such agreements and disclaims all liability arising from or related to any such Bookings.
Exploras agree to pay all Booking Fees due in connection with any Booking as directed by Provider. In order to complete a Booking, Explora understands and agrees that only the Provider or its reservation system will charge Explora’s payment method at the time of the Booking.
In connection with paying fees, Exploras will be required to provide billing information such as name, billing address and credit card information either to Provider or its third-party payment system through a booking widget on the Platform. Exploras agree to pay for any consummated Bookings in accordance with the terms of the respective Provider, by one of the methods described at the time of Booking. All post-Booking customer service matters, including, but not limited to, fees, billings issues, rescheduling, cancellations, refunds, deliveries and exchanges, are the responsibility of the Provider who may be contacted through information provided in the Booking Confirmation email. Booking Exploras may cancel a Booking only upon the cancellation terms available directly through the Provider.
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Platform or any Services or materials available through the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the brand “Explorabout”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
The Platform may contain reviews, comments, message boards, profiles, activity feeds, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Generated Content") on or through the Platform.
All User Generated Content must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Generated Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Generated Content posted by you or any other user of the Platform.
These content standards apply to any and all User Generated Content and use of the Platform. User Generated Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Generated Content must not:
The owner of the Platform is based in the State of New York in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Company responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Platform infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address: contact@explorabout.com.
Subject Line: DMCA Compliance
Please provide the following information:
You understand and agree that we have no obligation to provide the Platform in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Platform for any reason or for no reason at all. You may suspend or terminate, in your sole discretion, your use of the Platform at any time and for any reason. Note that all outstanding payment obligations incurred prior to termination will survive suspension or termination.
IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EXPLORABOUT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY PROVIDER. THE PLATFORM AND MUTUAL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EXPLORABOUT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXPLORABOUT MAKES NO WARRANTY THAT THE PLATFORM OR MUTUAL CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA BOOKINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXPLORABOUT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES, OR MUTUAL CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MUTUAL CONTENT OBTAINED THROUGH THE PLATFORM, APPLICATION OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPLORABOUT OR THROUGH THE PLATFORM OR MUTUAL CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS OR OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT EXPLORABOUT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF PROVIDERS OR OTHER USERS OF THE PLATFORM. EXPLORABOUT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM.
Exclusion of certain types of damages. To the maximum extent permitted under applicable law, in no event will Company be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Platform, including without limitation damages related to any information received from the Platform, removal of your profile information or review (or other content) from the Platform, any suspension or termination of your access to the Platform, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Platform, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limit on our liability to you. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO COMPANY (SPECIFICALLY EXCLUDING AMOUNTS PAID TO PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
No liability for non-company actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PLATFORM, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS OR PROVIDERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A PROVIDER, YOU AGREE TO RELEASE COMPANY FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL COMPANY BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF AN END USER OR PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
You agree to release, indemnify, and hold Explorabout and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Mutual Content or your violation of these Terms; (b) your User Generated Content and (c) your (i) interaction with any Provider, (ii) reliance on any information exchanged via the Platform, or (iii) creation of a Listing. Explorabout shall have the right to control all defense and settlement activities.
Dispute resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Platform that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
Notice requirement and informal dispute resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be emailed to contactus@Explorabout.com. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional rules for non-appearance based arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time limits. If you or Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
Waiver of jury trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EXPLORABOUT NOW WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Emergency equitable relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York City, New York, for such purpose.
The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
The waiver by either party of a breach of or a default under any provision of these Terms shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
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