Terms of Use
Last Updated: 09/17/22
PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”)
OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND
ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,
THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS
BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE
TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR
SERVICES. The present terms and conditions (this “Agreement” or
“Terms”) is a legal agreement between you and Rainforest Immersion Expeditions
(hereinafter ” Rainforest Immersion Expeditions”), a company duly organized and
validly existing, located at 350 East St # 3119, Nederland, Colorado 80466.
This Agreement annuls and voids all previous agreements. OVERVIEW The Site
(www.rainforestimmersion.com) is operated by Rainforest Immersion Expeditions. Throughout the
Site, the terms “we”, “us” and “our” refer to
Rainforest Immersion Expeditions. Rainforest Immersion Expeditions offers this Site, including all
information, tools and services available from this Site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here. By visiting our Site and/or purchasing something from us, you
engage in our “Service” and agree to be bound by the following terms
and conditions, including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms apply to all users
of the Site, including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content. In the event of an
inconsistency between this Agreement and any additional terms or policies
referenced herein, the provisions of the additional terms or policies shall
control. Please read these Terms carefully before accessing or using our Site.
By accessing or using any part of the Site, you agree to be bound by these
Terms. If you do not agree to all the Terms of this Agreement, then you may not
access the Site or use any Service. If these Terms are considered an offer,
acceptance is expressly limited to these Terms. Any new features or tools which
are added to the current store shall also be subject to the Terms. You can
review the most current version of the Terms at any time on this page. We
reserve the right to update, change or replace any part of these Terms by
posting updates and/or changes to our Site. It is your responsibility to check
this page periodically for changes. Your continued use of or access to the Site
following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS By agreeing to these Terms, you
represent that you are at least the age of majority in your state or province
of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to use this Site. You may not use our products or Site for any
illegal or unauthorized purpose nor may you, in the use of our products or
Site, violate any laws in your jurisdiction (including but not limited to motor
vehicle laws). You must not transmit any worms or viruses or any code of a
destructive nature. A breach or violation of any of the Terms will result in an
immediate termination of your account, any membership titles, and right to use
our Service. We have the right, but not the obligation, to take any of the
following actions in our sole discretion at any time and for any reason without
giving you any prior notice:
1. Restrict, suspend
or terminate your access to all or any part of our Site without refund;
2. Change, suspend or discontinue all or any part of our
products or Site without refund;
3. Refuse, move, or remove any content that is available on
all or any part of our Site without refund;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of
our Site.
You agree that we
will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as
service announcements and administrative or legal notices from us. Please note
that you cannot opt out of receiving these notices. You understand that your
content (not including credit card information), may be transferred unencrypted
and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks. You agree
not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Site, use of the Site, or access to the Site or any contact on the Site,
without express written permission by us. You may not modify, publish,
transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in
part, found on the Site. Rainforest Immersion Expeditions content is not for resale. Use of
the Site does not entitle users to make any unauthorized use of any protected
content, and in particular you will not delete or alter any proprietary rights
or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the
express written permission of Rainforest Immersion Expeditions and the copyright owner. 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 Rainforest Immersion Expeditions or our licensors except as expressly authorized by these
Terms.
SECTION 2 – CREATING AN ACCOUNT Once you create an account
with us, you are registered on the Rainforest Immersion Expeditions Site. The terms
“member,” “membership,” “donor”, “sponsor” and
“account” all refer to this registration as a member on Rainforest Immersion Expedition Site. If you are merely surfing or browsing through the Site and have
not yet created an account or made a donation, your use of the Site is still
subject to this Agreement; if you do not agree to this Agreement, do not use
the Site. When you create an account, you will provide a unique username and
email. We will also ask you to create a password. Because any activities that
occur under your username or password are your responsibility it is important
for you to keep your username and/or password secure. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that Rainforest Immersion Expeditions is not responsible for third party access to your
account that results from theft or misappropriation of your account. Notify us
immediately if you believe that someone has used your username, email, or
password without your authorization. Furthermore, the registering party hereby
acknowledges, understands and agrees to: a) furnish factual, correct, current
and complete information with regards to yourself as may be requested by the
data registration process, and b) maintain and promptly update your
registration and profile information in an effort to maintain accuracy and
completeness at all times. If anyone knowingly provides any information of a
false, untrue, inaccurate or incomplete nature, Rainforest Immersion Expeditions will have
sufficient grounds and rights to suspend or terminate the member in violation
of this aspect of the Agreement, and as such refuse any and all current or future
use of Rainforest Immersion Expeditions Services, or any portion thereof.
SECTION 3 – CONDUCT As a user or member of the Site, you
herein acknowledge, understand and agree that all information, text, software,
data, photographs, music, video, messages, tags or any other content, whether
it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short,
this means that you are solely responsible for any and all content posted, uploaded,
emailed, transmitted or otherwise made available by way of the Rainforest Immersion Expedition
Services, and as such, we do not guarantee the accuracy, integrity or
quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed,
transmitted or otherwise made available by Rainforest Immersion Expeditions. Furthermore, you
herein agree not to make use of Rainforest Immersion Expeditions’s Services for the purpose
of: a) uploading, posting, emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
invasive of another’s privacy or which is hateful, and/or racially, ethnically,
or otherwise objectionable; b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any
Rainforest Immersion Expeditions officials, forum leaders, guides or hosts or falsely stating
or otherwise misrepresenting any affiliation with an individual or entity; d)
forging captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with; e) uploading, posting, emailing, transmitting or
otherwise offering any such content that may infringe upon any patent, copyright,
trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content
that you do not personally have any right to offer pursuant to any law or in
accordance with any contractual or fiduciary relationship; g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,”
“spam,” or any other form of solicitation, except in any such areas
that may have been designated for such purpose; h) uploading, posting,
emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer
software, hardware, or telecommunication equipment; i) disrupting the normal
flow of communication, or otherwise acting in any manner that would negatively
affect other users’ ability to participate in any real time interactions; j)
interfering with or disrupting any Rainforest Immersion Expeditions Services, servers and/or
networks that may be connected or related to our website, including, but not
limited to, the use of any device software and/or routine to bypass the robot
exclusion headers; k) intentionally or unintentionally violating any local,
state, federal, national or international law, including, but not limited to,
rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities
exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the
force of law; l) providing informational support or resources, concealing
and/or disguising the character, location, and or source to any organization
delegated by the United States government as a “foreign terrorist
organization” in accordance to Section 219 of the Immigration Nationality
Act; m) “stalking” or with the intent to otherwise harass another
individual; and/or n) collecting or storing of any personal data relating to
any other member or user in connection with the prohibited conduct and/or
activities which have been set forth in the aforementioned paragraphs. Rainforest Immersion Expedition
herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the
right to remove and/or delete any such content that would violate the Terms or
which would otherwise be considered offensive to other visitors, users and/or
members. Rainforest Immersion Expeditions herein reserves the right to access, preserve
and/or disclose member account information and/or content if it is requested to
do so by law or in good faith belief that any such action is deemed reasonably
necessary for: a) compliance with any legal process; b) enforcement of the
Terms; c) responding to any claim that therein contained content is in
violation of the rights of any third party; d) responding to requests for
customer service; or e) protecting the rights, property or the personal safety
of Rainforest Immersion Expeditions, its visitors, users and members, including the general
public. Rainforest Immersion Expeditions herein reserves the right to include the use of security
components that may permit digital information or material to be protected, and
that such use of information and/or material is subject to usage guidelines and
regulations established by Rainforest Immersion Expeditions or any other content providers
supplying content services to Rainforest Immersion Expeditions. You are hereby prohibited
from making any attempt to override or circumvent any of the embedded usage
rules in our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our
Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE Due to the
global nature of the internet, through the use of our network you hereby agree
to comply with all local rules relating to online conduct and that which is
considered acceptable content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you: a) are not on the list of
prohibited individuals which may be identified on any government export
exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations; b) agree not
to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country; c) agree not to
use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export
laws; and d) agree not to post, transfer nor upload any software, technology or
any other technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
SECTION 5 – SUBMITTED
CONTENT Rainforest Immersion Expeditions shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for
inclusion on our website Services. Therefore, you hereby grant and allow for
Rainforest Immersion Expeditions the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable: a) The content submitted or made available for
inclusion on the publicly accessible areas of Rainforest Immersion Expeditions’s Sites, the
license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Rainforest Immersion Expeditions’s sites, and
shall terminate at such time when you elect to discontinue your membership. b)
Photos, audio, video and/or graphics submitted or made available for inclusion
on the publicly accessible areas of Rainforest Immersion Expeditions’s sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Rainforest Immersion Expeditions’s sites and shall
terminate at such time when you elect to discontinue your membership. c) For
any other content submitted or made available for inclusion on the publicly
accessible areas of Rainforest Immersion Expeditions’s sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed. Those areas which may be deemed “publicly
accessible” areas of Rainforest Immersion Expeditions’s Sites are those such areas of
our network properties which are meant to be available to the general public,
and which would include message boards and groups that are openly available to
both users and members. However, those areas which are not open to the public,
and thus available to members only, would include our mail system and instant
messaging. CONTRIBUTIONS TO COMPANY WEBSITE Rainforest Immersion Expeditions may provide an
area for our user and members to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals
(“Contributions”) to our site, you acknowledge and agree that: a)
your contributions do not contain any type of confidential or proprietary
information; b) Rainforest Immersion Expeditions shall not be liable or under any obligation
to ensure or maintain confidentiality, expressed or implied, related to any
Contributions; c) Rainforest Immersion Expeditions shall be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit; d) the
contributor’s Contributions shall automatically become the sole property of
Rainforest Immersion Expeditions; and e) Rainforest Immersion Expeditions is under no obligation to either
compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 – INDEMNITY All users and/or members agree to
insure and hold Rainforest Immersion Expeditions, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney
fees made by any third party which may arise from any content a member or user
of our Site may submit, post, modify, transmit or otherwise make available through
our Services, the use of Rainforest Immersion Expeditions Services or your connection with
these Services, your violations of the Terms of Service and/or your violation
of any such rights of another person.
SECTION 7 – COMMERCIAL REUSE OF SERVICES The member or user herein
agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for
any commercial reason any part, use of, or access to Rainforest Immersion Expeditions’s
sites.
SECTION 8 –
MODIFICATIONS Rainforest Immersion Expeditionsreserves the right at any time it may deem fit,
to modify, alter and or discontinue, whether temporarily or permanently, our
service, or any part thereof, with or without prior notice. In addition, we
shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part
thereof.
SECTION 9 – TERMINATION As a member of
http://www.rainforestimmersion.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or
termination request to rainforestimmersion@protonmail.com. Cancellation or termination of any service,
donation, or subscription does not constitute a refund as 100% of transactions,
donations, subscriptions, and purchases made through the Rainforest Immersion Expeditions
Site are not refundable under any circumstances. As a
member, you agree that Rainforest Immersion Expeditions may, without any prior written
notice, immediately suspend, terminate, discontinue and/or limit your account,
any email associated with your account, and access to any of our Services. The
cause for such termination, discontinuance, suspension and/or limitation of
access shall include, but is not limited to: a) any breach or violation of our
Terms or any other incorporated agreement, regulation and/or guideline; b) by
way of requests from law enforcement or any other governmental agencies; c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof; d) unexpected technical or security issues and/or problems; e)
any extended periods of inactivity; f) any engagement by you in any fraudulent
or illegal activities; and/or g) the nonpayment of any associated fees that may
be owed by you in connection with your http://www.rainforestimmersion.comaccount
Services. Furthermore, you herein agree that any and all terminations,
suspensions, discontinuances, and or limitations of access for cause shall be
made at our sole discretion and that we shall not be liable to you or any other
third party with regards to the termination of your account, associated email
address and/or access to any of our Services. The termination of your account
with http://www.rainforestimmersion.com shall include any and/or all of the following: a)
the removal of any access to all or part of the Services offered within
http://www.rainforestimmersion.com; b) the deletion of your password and any and all
related information, files, and any such content that may be associated with or
inside your account, or any part thereof; and c) the barring of any further use
of all or part of our Services.
SECTION 10 – LINKS Either Rainforest Immersion Expeditions or any third
parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third-party sites or resources.
Furthermore, you acknowledge and agree that Rainforest Immersion Expeditions shall not be
responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
SECTION 11 –
PROPRIETARY RIGHTS You do hereby acknowledge and agree that Rainforest Immersion Expedition
Services and any essential software that may be used in connection with
our Services (“Software”) shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other
laws. Furthermore, you herein acknowledge and agree that any Content which may
be contained in any advertisements or information presented by and through our
Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by Rainforest Immersion Expeditions or
such applicable licensor, you agree not to alter, modify, lease, rent, loan,
sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Rainforest Immersion Expeditions Services (e.g. Content
or Software), in whole or part. Rainforest Immersion Expeditions hereby grants you a
personal, non-transferable and non-exclusive right and/or license to make use
of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by Rainforest Immersion Expeditions for use in accessing our
Services.
SECTION 12 – WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY
ACKNOWLEDGE AND AGREE THAT: a) THE USE OF RAINFOREST IMMERSION EXPEDITIONS SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS.
RAINFOREST IMMERSION EXPEDITIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. b ) RAINFOREST IMMERSION EXPEDITIONS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) Rainforest Immersion Expedition
SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) RAINFOREST IMMERSION EXPEDITIONS
SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE Rainforest Immersion Expedition
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY
PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;
AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF Rainforest Immersion Expedition
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND
SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA
THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM RAINFOREST IMMERSION EXPEDITIONS OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR
SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. SECTION 13 –
LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
RAINFOREST IMMERSION EXPEDITIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE
BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE
GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON
OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 – RELEASE In the event you have a dispute, you agree to release
Rainforest Immersion Expeditions(and its officers, directors, employees, agents, parent
subsidiaries, affiliates, co-branders, partners and any other third parties)
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SECTION 15 – NOTICE Rainforest Immersion Expeditions may furnish you with
notices, including those with regards to any changes to the Terms, including
but not limited to email, regular mail, MMS or SMS, text messaging, postings on
our website Services, or other reasonable means currently known or any which
may be herein after developed. Any such notices may not be received if you
violate any aspects of the Terms by accessing our Services in an unauthorized
manner. Your acceptance of this Agreement constitutes your agreement that you
are deemed to have received any and all notices that would have been delivered
had you accessed our Services in an authorized manner.
SECTION 16 – INTELLECTUAL PROPERTY RIGHTS You herein
acknowledge, understand and agree that all of the Rainforest Immersion Expeditions trademarks,
copyright, trade name, service marks, and other Rainforest Immersion Expeditions logos and
any brand features, and/or product and service names are trademarks and as
such, are and shall remain the property of Rainforest Immersion Expeditions. You herein agree
not to display and/or use in any manner the Rainforest Immersion Expeditions logo or marks
without obtaining Rainforest Immersion Expeditions’s prior written consent. Rainforest Immersion Expedition will always respect the intellectual property of others, and we ask that
all of our users do the same. With regards to appropriate circumstances and at
its sole discretion, Rainforest Immersion Expeditions may disable and/or terminate the
accounts of any user who violates our Terms and/or infringes the rights of
others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property
rights have been otherwise violated, you should provide to us the following
information: a) The electronic or the physical signature of the individual that
is authorized on behalf of the owner of the copyright or other intellectual
property interest; b) A description of the copyrighted work or other
intellectual property that you believe has been infringed upon; c) A
description of the location of the site which you allege has been infringing
upon your work; d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your
work is not authorized by the copyright owner, its agents or the law; f) And finally,
a statement, made under penalty of perjury, that the aforementioned information
in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the
copyright or intellectual property owner’s behalf. The Rainforest Immersion Expeditions agent
for notice of claims of copyright or other intellectual property infringement
can be contacted as follows: Mailing Address: Rainforest Immersion Expeditions Attn:
Copyright Agent 350 East St # 3119 Nederland, Colorado 80466 Telephone:
9704805160 Email: rainforestimmersion@protonmail.com
SECTION 17 – ENTIRE AGREEMENT This Agreement constitutes the
entire agreement between you and Rainforest Immersion Expeditions and shall govern the use of
our Services, superseding any prior version of this Agreement between you and
us with respect to Rainforest Immersion Expeditions Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain
other Rainforest Immersion Expeditions Services, affiliate Services, third-party content or
third-party software.
SECTION 18 – CHOICE OF LAW AND FORUM It is at the mutual
agreement of both you and Rainforest Immersion Expeditions with regard to the Agreement that
the relationship between the parties shall be governed by the laws of the state
of Colorado without regard to its conflict of law provisions and that any and
all claims, causes of action and/or disputes, arising out of or relating to the
Agreement, or the relationship between you and Rainforest Immersion Expeditions, shall be
filed within the courts having jurisdiction within the County of Denver,
Colorado or the U.S. District Court located in said state. You and Rainforest Immersion Expedition
agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections to the exercise of
jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 – WAIVER
AND SEVERABILITY OF TERMS At any time, should Rainforest Immersion Expeditions fail to
exercise or enforce any right or provision of the Agreement, such failure shall
not constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of
the Agreement remain in full force and effect.
SECTION 20 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and
any rights to your ID and/or contents within your account shall terminate upon
your death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
SECTION 21 – STATUTE OF LIMITATIONS You acknowledge, understand
and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the Agreement
must be filed within 1 year(s) after said claim or cause of action arose or
shall be forever barred.
SECTION 22 –
VIOLATIONS Please report any and all violations of this Agreement to Rainforest Immersion Expedition
as follows: Mailing Address: Rainforest Immersion Expeditions 350 East St # 3119
Nederland, Colorado 80466 Telephone: 9704805160 Email: rainforestimmersion@protonmail.com
SECTION 23 – GOVERNMENT REQUESTS In order to cooperate with
governmental requests, subpoenas or court orders, to protect our systems, or to
ensure the integrity and operation of our business and systems, we may access
and disclose any information we consider necessary or appropriate, including
and without limitation, your information, IP address, and usage history. Our
right to disclose any such information is governed by the terms of our Privacy
Policy.
SECTION 24 – FOREIGN ACCESS OF SITE The Site is controlled,
operated and administered by Rainforest Immersion Expeditions from our offices within the
USA. If you access the Site from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use
Rainforest Immersion Expeditions’s content accessed through the Site in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS Occasionally
there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information on the Site or
on any related Site is inaccurate at any time without prior notice (including
after you have submitted your order). We undertake no obligation to update,
amend or clarify information on the Site or on any related Site, including
without limitation, pricing information, except as required by law. No
specified update or refresh date applied on the Site or on any related Site,
should be taken to indicate that all information on the Site or on any related
Site has been modified or updated.
SECTION 26 – PRIVACY
POLICY Every member’s registration data and various other personal information
are strictly protected by the Rainforest Immersion Expeditions Online Privacy Policy (see the
full Privacy Policy at https://rainforestimmersion.com/privacypolicy). As a
member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by Rainforest Immersion Expeditions and/or our
subsidiaries and affiliates
SECTION 27 – USE OF PAYMENT BUTTONS The use of Payment Buttons
is utilized on the Site. Any payment made through these buttons is not refundable under any
condition.