Disclaimer and Release and Waiver of Liability
Last updated: December 1, 2007
Your use of The Site requires that you read, understand, agree, and accept to be bound by this disclaimer. In order to understand this disclaimer in its entirety, you should familiarize yourself with the definitions (which are indicated in this policy bold black print) that apply to this disclaimer; all definitions that apply to the content of this website can be found in our Terms of Service.
DISCLAIMER
To the fullest extent permissible pursuant to applicable law, all goods, services, products, and content including software, products, services, information, text, and related graphics contained, advertised, promoted, or offered for sale on, or by, Adventurix including but not limited to: hunting trips, fishing trips, combination hunting and fishing trips, tours, excursions, travel related services, information management services, checklists, tips, suggestions, eco-tours, domestic scheduled airline flights, international scheduled flights, flights on IATA carriers, charter flights, boat trips, ferry trips, or any other type of aquatic excursions, vans, buses, taxis, private cars, limos, or any other mode of air or ground transportation contracted by or with Adventurix, or our Providers, on or via this website are provided on an "as is" or “as available” basis.
The information contained in this website and all sub-domains of Adventurix have been prepared in good faith from both internal and external sources. The information is believed to be accurate and current at the date the information was placed on the website, but is not guaranteed to be error free, and all information is subject to change or withdrawal without notice. Our Providers bear the sole responsibility to keep the information that they upload to this website up to date, as well as bear the sole responsibility to keep you informed on all matters pertaining to the trip, goods, or services that you have purchased, or intend to purchase. The information that our Providers upload to this server include, but are not limited to, prices, itineraries, inclusions and exclusions, incidentals, and other details for each trip advertised on this website. Adventurix cannot be held responsible for any inaccuracies or errors relating to the information and description of any tour, excursion, hunting trip, fishing trip, or combination hunting and fishing trip, displayed on this website, including but not limited to: the pricing, photographs, lodging amenities, services available at any lodging facility, general product descriptions, or any additional information provided by the Provider(s).
To the fullest extent permissible pursuant to applicable law, Adventurix makes no representations or warranties of any kind, either express or implied, as to the operation of this website or the information, content, or materials included on this website, Adventurix and our Providers disclaim all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, suitability, availability, correctness, fitness, accuracy, reliability, timeliness, completeness, or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties, or otherwise.
Furthermore, Adventurix does not warrant that any functions contained in the material on this site will function correctly, or as expected, or operate uninterrupted or error free, or that defects will be corrected, nor is Adventurix responsible for any failures caused by system errors, server errors, misdirected or redirected transmissions, failed or interrupted internet connections, computer viruses, or other technical defects, whether caused by human error or the malfunctioning of any electronic equipment.
Adventurix does not warrant or make any guarantees or representations regarding the use of or the result of the use of any of the material in this site for any purpose, including software, products, services, information, text and related graphics content, or other functions and operations. These other functions and operations include, but are not limited to: telephone call patching, telephone answering, the return of telephone calls, email forwarding, email response, telephone answering service, trip information uploaded to our site by Adventurix, our Providers, or any other third party, including any and all logistics, inclusions, exclusions, reservations, and/or other services offered by our subsidiaries, affiliates, contractors, vendors, and sub-contractors. Adventurix also assumes no responsibility, and shall not be liable for, any problems or damage to your computer, cell phone, PDA, digital phone, peripherals, or any other electronic equipment, or other type of property as a result of your access to, use of, or browsing in this website, or any website linked to this website, including any damage or problems caused by: spyware, spybots, adware, viruses, worms, or any other type of harmful or damaging electronic interloper or device. In the event that any virus, or other harmful intruder damages your hardware or software as a result of any of the above problems, you, and not Adventurix, assume the entire cost of any and all necessary servicing, repair, or correction. Additionally, if you download any materials, data, text, images, video, or audio from this website, you do so at your own risk, and in accordance with the patents, copyright, and intellectual property protections defined in our Privacy Policy and Terms of Service.
While Adventurix and our Providers uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions do sometimes occur. Much of the information on this website is uploaded directly to our servers by our Providers themselves, therefore Adventurix has limited, or no control over the accuracy of these entries. Thus, Adventurix makes no warranties or representations as to the accuracy of the content submitted to us and/or uploaded to this website by our affiliates, and under no circumstances, including, but not limited to, negligence, shall Adventurix, our Providers, or any party involved in creating, participating in, producing, or delivering The Site be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if Adventurix, or Provider(s) have been advised of the possibility of such damages. In no event shall Adventurix’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing The Site, or buying or purchasing sporting travel, hunting trips, fishing trips, or any other type of gear, property, animal, product, service, vacation, or excursion.
Furthermore, the expectations of any good, product, or service vary among individuals, individual tastes, and personal preferences. Therefore, Adventurix does not guarantee that any good or service on The Site will meet any specific, or overall expectation of quality, fitness, or enjoyment of any individual person, or group, for any particular type of activity. These activities include, but are not limited to any type of hunting, any type of fishing, or any other leisure or sporting activity, flight, charter, vacation, excursion, or tour. All trips, tours, and other activities are taken at the risk of the user, and do not carry any warranty or guarantee or any type of result or outcome.
The information and descriptions contained on The Site are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to any goods, products, and services, but are instead provided solely for general informational purposes; please refer to the actual policy of your Provider for the complete product or services agreement that shall apply the goods, services, or trips that you are purchasing from them.
Without limiting the foregoing, no warranty or guarantee is offered by Adventurix that any particular request will be accepted or accommodated, any goods and/or services available through The Site are available for the lowest price, that the fulfilling of any order or booking will be granted, or that specific results will be obtained from the use of The Site.
Adventurix.com may be linked to other websites, which are not maintained by Adventurix. Adventurix is not responsible for the content, accuracy, security, or validity of any one, or all of those websites. The inclusion of any link to such websites does not imply approval of or endorsement by Adventurix or our Providers, of the websites, or the content thereof.
Adventurix acts solely an information gatherer, information manager, advertiser, and agent / facilitator of travel, and shall not be liable for any loss, cost, injury, death or damage to a persons or property which results directly or indirectly from any act, whether negligent or otherwise, of commission or omission including but not limited to delays, or any person, service, firm, or corporation which provides products or services in connection with your trip for hunting, fishing, sightseeing, hiking, guest ranching, or any other activity, sport. This includes, but is not limited to the following: hotels, taxis, chauffeurs, flights, tours, charters, or any other mode of transportation, lodging, meals, mishandled or damaged luggage, valuables, personal effects, transportation, and other services performed by the Provider(s), or otherwise.
Furthermore, Adventurix makes no representations or warranties of any kind, express or implied, as to the completeness or accuracy of any information that may be provided to you by our Providers, or any other third party, after you establish communication with them for the intention of buying goods and services. This includes information on the Adventurix.com website that they may provide, submit, or upload to us for advertising purposes, promotion purposes, after you have established contact with them. Therefore, Adventurix disclaims, and shall not be held liable for any direct or indirect loss arising from the use of the information contained from in the website that was provided by any Provider(s).
Additionally, Adventurix accepts no responsibility whatsoever for any loss, injury, death, expense or inconvenience sustained by anyone using any information provided on this website, or from any other information, advice, or media of any kind from Adventurix, or any of our partnered destinations, affiliates, agents, or sub-agents, including but not limited to: brochures, videos, pamphlets, blogs, websites, or other information.
Adventurix, the Provider(s) and their employees and contractors assume no legal liability for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed herein and do not represent that the use of such information, apparatus, product or process would not infringe on privately owned rights.
The reference herein on The Site, or any website linked to or from this website, to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Adventurix, our Providers, or any of their respective employees, vendors, destinations, contractors, or sub-contractors. Additionally, not all of the information, thoughts, tips, opinions, data, and statements contained herein are necessarily those of Adventurix, or our Providers, and their respective affiliates, vendors, contractors, or sub-contractors, and should not be interpreted, acted on or represented as such.
The disclaimers in this statement of Disclaimer, as well as all of the content in our Terms of Service, and Privacy Policy, constitute the entire—and only—understanding and agreement between you and Adventurix, and replace any prior understandings and/or agreements, whether oral or written, relating to the subject matter herein. Any additional, or subsequent agreements, understandings, or contracts with other parties, including but not limited to Adventurix, our Providers, or their respective affiliates, agents, sub-agents, contractors, or sub-contractors shall stand on their own, and be settled as such, and therefore have no bearing on the agreements, understanding, and contracts you have entered into with Adventurix, or our Providers.
The failure of Adventurix to exercise any of its rights in this disclaimer shall not be construed as a waiver or relinquishment of the future performance of any of its rights, and your obligations, with respect to such future performance shall continue in full force and effect.
This site contains links to other independent web sites. During your visits to these sites, Adventurix is not responsible for either the content or the nature of these linked sites.
If you have not completely read, understood, accepted, and agreed to be bound by the terms the Disclaimer, do not use this site. LEAVE THE SITE BY CLOSING YOUR BROWSER WINDOW IF YOU DO NOT AGREE
THIS RELEASE AND WAIVER OF LIABILITY APPLIES TO ALL USERS OF THE SITE. YOUR SUBMISSION OF PERSONAL INFORMATION TO ADVENTURIX, OR YOUR INQUIRY TO ONE OF OUR PROVIDERS THROUGH THE EMAIL SERVERS OR TELEPHONE NUMBERS ON THE SITE, CONSTITUTES YOUR COMPLETE AND UNLIMITED ACCEPTANCE OF THIS RELEASE AND THE ELECTRONIC EQUIVALENT OF YOUR SIGNATURE ON THIS RELEASE OF LIABILITY
Release and Waiver of Liability
IN CONSIDERATION of being permitted to participate and enter upon property owned and/or operated by Adventurix, or our Providers, for any type of hunting, fishing, tours, excursions, you and all of your guests, agents, employees, executors, heirs, assigns, and next of kin hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE, and agrees to indemnify and hold harmless Adventurix, the Providers, and their respective agents, employees, executors, heirs, assigns, next of kin and all its officers, directors, partners, shareholders (herein to be referred to as “RELEASES”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of any damages, both in law and in equity, in any way arising from, but not limited to personal injuries, conscious suffering, death, or property damage sustained by me arising out of my participation in any hunting, fishing, boating, touring, excursion, or sport ACTIVITY (herein to be referred to as “ACTIVITY”) while either on or off any real or personal property owned, operated or controlled by RELEASES, including travel to and from ACTIVITY locations; and you expressly waive all claims that you may have against the RELEASES, or its representatives, for each and all of the foregoing.
FURTHER, you agree that:
1. You are aware that the ACTIVITY constitutes a calculated risk to the participants therein, and that each ACTIVITY involves inherent risks and dangers, including the possibility of SERIOUS BODILY INJURY OR DEATH.
2. You have sufficient skill, training, and experience with the ACTIVITY to understand the potentially dangerous nature of such ACTIVITY; and you understand that participation in the ACTIVITY always involves a risk of bodily injury to myself and other participants or bystanders, as well as the risk of damaging the property of others, therefore you voluntarily and freely choose to incur such risk or risks and the dangers involved therein and/or resulting there from.
3. You are aware that there is always a possibility that the results of the ACTIVITY (any type of hunting and/or fishing, and the necessary transportation involved in conducting the activity) with regard to the length and/or conditions of transportation to the activity, the number of shot or casting opportunities (as applicable), game harvested or seen, or fish caught or (as applicable) is subject to a significant degree randomness, and forces of nature, and therefore the outcome could result in your expectations not being met. Furthermore, you agree and accept that expectations differ greatly from person to person, and what might be described as “poor” to one might be considered “good” to another, and vice versa. Therefore you understand and agree to this logic, and accept to be bound by the foregoing logic. You accept this fact as your responsibility, and agree not to hold Adventurix and/or the Providers, or any of their respective agents, contractors, sub-contactors, or vendors responsible for not meeting your expectations, or performing in any specific way, including but not limited to: filling daily bag limits, or otherwise meeting any predetermined quota of seeing and/or harvesting a certain number, or specific quantity, of birds or fish, or otherwise providing a particular level of service with regard to lodging, dining, beverage service, transportation, or any other form of service or accommodation that you feel is unsatisfactory or unacceptable.
3. You agree to reimbursement of all legal costs and reasonable attorneys’ fees incurred by the RELEASES, arising directly or indirectly from my acts or omissions while engaged in the ACTIVITIES contemplated by this agreement. In addition, you agree to be fully responsible, and shall reimburse THE RELEASES for any damage to any real or personal property owned, operated or controlled by the RELEASES occurring as a result of my acts or omissions while engaged in the ACTIVITIES contemplated by this agreement.
4. This agreement shall be constructed in accordance with the laws of the State of Texas, USA without reference to its choice of laws provisions venue on any legal proceeding between the parties shall lie in Dallas County, Texas, USA only.
5. If any provision of the Agreements (Terms of Service, Privacy Policy, Release and Waiver, Disclaimer, or Service Agreement (if applicable)) shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
6. You personally accept responsibility and liability for your actions or omissions (without limitation or exception) while hunting, fishing, or engaging in any other sport or activity. Furthermore, you also agree to accept responsibility for the actions or omissions (without limitation) of any minors traveling with you.
7. You hereby represent that you are over the age of eighteen years and legally competent to execute this Agreement and that you have read and understand the terms of this Agreement and the Terms of Service, Privacy Policy, Disclaimer, and Service Agreement (if applicable). Invalidation of any one or more of the provisions in this Agreement shall in no way affect any of the other provisions herein, which shall remain in full force and effect. This Agreement shall be interpreted and is subject to the laws of the State of Texas and may not be orally altered or terminated.
By submitting any personal information to Adventurix, or to our Providers, through The Site, or through a telephone number listed anywhere in The Site, including any subsequent communication of email between you and the Adventurix, and/or our Providers through the Adventurix.com server, you are agreeing that YOU HAVE READ, AGREE, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY EACH PROVISION OF THE FOREGOING AGREEMENT, INCLUDING THE TERMS OF SERVICE, PRIVACY POLICY, AND DISCLAIMER (where applicable to the interpretation of this Release and Waiver).
