Adventurix TERMS OF SERVICE
Last updated December 1st, 2007.

USE OF THIS SITE REQUIRES YOU AND/OR ANY OTHER USERS OR VIEWERS ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE AND CONDITIONS OF USE, INCLUDING THE PRIVACY POLICY AND DISCLIAMER.

In order to understand the Terms of Service in its entirety, you should familiarize yourself with the definitions that apply to these Terms of Service to ensure that you are able to understand the complete content of these Terms of Service, as well as the Privacy Policy, and Disclaimer—because these definitions will appear there, and also apply to the aforementioned. 

DEFINITIONS

The following terms appear in bold print throughout this document, and apply to the Terms of Service, Privacy Policy, Disclaimer, and Service Agreement, and any website content (where applicable).  They are defined in section as follows:

Activity: hunting trips, fishing trips, tours, excursions, flights, rides, attractions and all actions or events occurring prior to, during, at or after, the hunting trips, fishing trips, tours, excursions, flights, rides, attractions, or other activities

Activity Operators: individuals or companies hired to perform tours, trip, transportation, or other services to our Providers in connection with an Activity, as well as their contractors, sub-contractors, agents, and sub-agents.

 

Adventurix or “We”, “Us and “Our”: means Adventurix, LLC and our wholly-owned subsidiaries. 

 

Content: all data, information, listings, products, graphics, text, photographs, videos, documents, services, audio, commercials, designs, features, logos, marks, and/or or any other information or materials existing on this website.

Mark: is defined as any logo, icon, trade dress, trade name, or trademark, or service mark.

“Member” or “User” or “Visitor”: is defined as any person, age 18 or older, who has visited, has registered, or is using this website. 

Member ID:  any Username and Password combination used to login to this website.

Goods, Products, Trips, and Services: all saleable items including but not limited to durable goods of any kind, clothing, air travel, sea travel, rental cars, ground transportation and charters, trip protection insurance, medical insurance, lodging, tours, theater tickets, and all other services found on this website, and all websites linked or affiliated with this website.

Providers: defined as Adventurix LLC, any Adventurix Partnered Destinations affiliate, affiliate  programs, contractors, agents, sub-agents, vendors, service providers, sporting properties, lodge owners, guides, outfitters, airlines, railroads, ship owners, charter boats or ships, scheduled air carriers, charter air carriers, ground transportation operators, tour guides, or any other modes of transportation or services are offered or provided where the issuance and acceptance of any such tickets, vouchers, and contracts exist for those Providers. partnered destinations, affiliates, listed destinations, advertised destinations, hunting lodges, fishing lodges, or any of our, or their, vendors, agents, sub-agents, contractors, or sub-contractors

The Site:  all content, material, photos, videos, information, software, and functions contained on Adventurix.com and any other website linked to or from Adventurix.com

PROLOGUE

DO NOT USE THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE FOR ANY PURPOSE WHATSOEVER BEFORE READING, UNDERSTANDING, ACCEPTING, AND AGREEING TO BE LEGALLY BOUND BY ALL OF THE FOLLOWING TERMS OF SERVICE IN THEIR COMPLETE, AND UNADULTERATED CONTENT. NO PORTION OF THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, AND DISCLAIMER, INCLUDING THE REALEASE AND WAIVER OF LIABILITY CONTAINED IN THE DISCLAMER, ARE SUBJECT TO ANY EXCLUSIONS, LIMITATIONS, OR EXCEPTIONS OF ANY KIND.
YOUR USE OF THIS WEBSITE FOR OBTAINING INFORMATION AND/OR THE CONTRACTING OF, OR BUYING OF ANY GOODS AND/OR SERVICES, INQUIRING ABOUT INFORMATION (BY EMAIL, TELEPHONE, OR OTHERWISE), REQUESTING PRINTED INFORMATION, OR INQUIRING ABOUT ANY GOODS, SERVICES, AND/OR PRODUCTS LISTED HEREIN SHALL SERVE AS OUR EVIDENCE THAT YOU HAVE READ THESE TERMS OF SERVICE, ARE ABLE TO UNDERSTAND ALL CONTENT, AND AGREE AND ACCEPT TO BE BOUND BY THES TERMS OF SERVICE WITHOUT LIMITATION, QUALIFICATION, EXCEPTION, RESERVATION, OR EVASION.

WITH RESPECT TO THESE TERMS OF SERVICE, OUR PRIVACY POLICY, AND DISCLAIMER, No oral agreements or contracts exist now, or shall apply in the future, under any circumstances.
IF YOU DO NOT AGREE, AND DO NOT ACCEPT TO BE BOUND BY THESE TERMS OF SERVICE, OR ANY PORTION OF THE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY AND DISCLAIMER your sole and exclusive remedy is to discontinue using the website immediately. (LEAVE THE SITE BY CLOSING YOUR BROWSER WINDOW IF YOU DO NOT AGREE.)

 

GENERAL GUIDELINES

Always read these terms of service carefully before using this website, Adventurix reserves the right to make changes to the adventurix.com website, and to the these terms of service at any time without notice by updating this posting. Your continued use of the The site following the posting of changes means you accept such changes. These terms of service shall supersede any subsequent terms and conditions included within this website, whether or not such terms and conditions are signed by Adventurix, LLC.  It is the responsibility of the adventurix.com users to refresh their browsers on each and every visit to the adventurix.com website, and review the Adventurix legal policy before using the website.  You are bound by any such revisions and should therefore always visit this page to review the then current terms of service to which you are bound prior to using our information and services, or purchasing any products or information from us, or any of our affiliates, contractors, partnered destinations, sub-contractors, charter operators, or any other product or service found or linked to this website.

 

CONDITIONS OF USE

You confirm that you have read our Privacy Policy, and Disclaimer, in addition to the terms of which are incorporated herein, and agree that the terms of such policies are reasonable and satisfactory to you. You consent to the use of your personal information by Adventurix and/or its third-party providers in accordance with the terms of and for the purposes set forth in these Terms of Service, Privacy Policy, and Disclaimer. To the extent permitted by law, Adventurix makes no representation or warranty with respect to the sufficiency of the security measures used for data handling and storage. Futhermore, Adventurix will not be responsible for any damages, be they actual, or consequential, that result from a failure of compliance with these Terms of Service, our Privacy Policy due to a security breach or technical malfunction.

RESTRICTIONS ON USE OF
CONTENT AND MATERIALS

This website is owned and operated by ADVENTURIX, LLC. This website is licensed to you for your personal and noncommercial use only. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, reverse engineer, use, publish, license, create derivative works from, transfer or sell any information or content contained in any part of this system, or the Adventurix.com website as a whole software, products or services obtained from or available as part of or in conjunction with this system. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these specifically written Terms of Service. This license is not a sale of any of the owner's rights. The Adventurix.com website may be used only by you, and you may not rent, lend, sub-license or transfer the website or any data residing on it or any of your rights under this agreement to anyone else. You may download material displayed on this website for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without the written permission of Adventurix. We neither warrant nor represent that your use of materials displayed on this website will not infringe rights of any third party, or parties.
You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website. You may not transfer to or store any data residing or exchanged over the Adventurix, LLC website in any electronic network for use by more than one user unless you obtain prior written permission from Adventurix, LLC.

 

JURISDICTION

Unless otherwise expressly set forth herein, ADVENTURIX makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with all federal, state, and local laws set forth by their jurisdiction.
Except as expressly set forth herein the information contained on this website is not an offer to sell or a solicitation to buy any particular company’s product or service, or other product or service offered by Adventurix.  This website is solely a showcase, or place of advertisement, for providers of sporting and/or adventure travel, and Adventurix offers no warranty of any contract, written or oral, entered into by any of our Providers, Activity Operators, Users, Members, or any other person or entity.  Only an Invoice from a Partnered destination, Affiliate, or Activity Operator can bind both the buyer and seller into a contract based on their own agreements, which will likely differ from our Terms of Service.  The Providers agree to these Terms of Service, Disclaimer, and Privacy Policy before listing their trips, or products and services for sale in The Site; and all Users agree to the terms and conditions set forth by the Terms of Service, Disclaimer, Privacy Policy, and the Acknowledgement of Offer of Insurance. 

Whereas Adventurix acts as an intermediatary, advertiser, information manager and travel facilitator per these Terms of Service, both the Users and Providers, or Activity Operators have agreed to exercise due diligence between one another, and to abide by the agreements that they have made with one another.  Therefore, Adventurix cannot be responsible for mistakes, default, omission, or fraud committed on behalf of either party, nor are we responsible for a warranty or guarantee, due to the subjectiveness of the nature of these types of activities, which include the expectations one holds with respect to hunting and fishing trips, excursions, vacations, or any other kind of agreement, or contract between the parties, written or oral.  Therefore, we do not guarantee that the trip, service, or activity which is being advertised or otherwise promoted on our website will result in the desired outcome of either party. 

APPLICABLE LAW

These Terms of Service, and the terms and conditions set forth herein, shall be governed by the laws of the State of Texas, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Adventurix, LLC or its affiliates, agents, sub-agents, vendors, customers, visitors, members, or guests.  Therefore, this agreement shall be constructed in accordance with the laws of the State of Texas, USA without reference to its choice of laws provisions, and the venue on any legal proceeding between you and Adventurix shall lie in Dallas County, Texas, USA only.  Additionally, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Dallas, County, State of Texas, USA for any litigation arising out of or relating to use of or purchasing made as a result of your use of The Site.  Therefore, any legal proceeding between you and any of our Providers or Activity Operators shall also lie in Dallas County, Texas, USA, unless in a legal proceeding exclusively between you and one or more of our Providers and/or Activity Operators another choice of venue has been agreed upon between you and the Provider(s) and/or Activity Operators, in writing, subsequent to your acceptance of these Terms of Service.  Any subsequent agreement between you and the Provider(s) and/or Activity Operators shall not include Adventurix, therefore, any proceeding will continue to be subject to the exclusive jurisdiction of the state and federal courts located in Dallas, County, State of Texas, USA.

 

Adventurix.com is created and controlled by Adventurix in the State of Florida, USA. However, as previously stated in the foregoing, the laws of the State of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.  Therefore you agree to bring claims against Adventurix, our Providers, or Activity Operators exclusively in the state or federal courts of Texas. If any provision of the Terms of Service, our Privacy Policy, or the Disclaimer shall be held by a court or arbitrator of competent jurisdiction to be invalid, unenforceable or void, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. You agree that you will comply with all applicable laws in connection with your use of Adventurix.com

OWNERSHIP OF INFORMATION

Any information, other than personal data or information that you transmit to Adventurix via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of Adventurix, LLC. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Adventurix is free to use any suggestions, ideas, submitted photos, concepts, know-how, or techniques contained in any communication you send to Adventurix via this website or by any other means for any purpose whatsoever, including, but not limited to, developing, marketing, or the creation of products or services using such information.

TRADEMARKS AND COPYRIGHTS

All text, editorial content, videos, images, photographs, and graphics on this site are copyrights of Adventurix, LLC, or have been authorized to Adventurix LLC for unrestricted and unlimited use on this website.  Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Adventurix, LLC. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.
Images displayed on this website are either the property of, or used with permission by, Adventurix, LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by Adventurix, LLC. The contents and compilation of the Site are the property of Adventurix and protected by the copyright laws of the United States of America, and international copyright laws, all rights reserved..  Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity.

SOFTWARE LICENSES

All software used on The Site is the property of Adventurix, or its software suppliers and protected by United States and international copyright laws You acknowledge that any software which may be available or provided to you on this website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. Adventurix, LLC does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by such export controls laws and regulations.

COPYRIGHT NOTICE

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of ADVENTURIX.com and/or its third-party providers including, without limitation, the airline, hotels, rental car companies and other travel suppliers that provide travel or other services through this Site ("Providers").

TRADEMARK NOTICE

"ADVENTURIX.COM" and "ADVENTURIX" and "A WHOLE DIFFERENT KIND OF ANIMAL" are trademarks or service marks of ADVENTURIX, LLC offering of goods, services or information through The Site.

ACCEPTABLE USE/LICENSE

Adventurix reserves the right to remove, in whole or in part, any material it deems objectionable or offensive at any time.

Adventurix assumes no responsibility or liability arising from the control of such materials or for any defamation, error, omission, inaccuracy, obscenity, pornography, profanity or danger contained within such locations on the Site.

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to, take any action that imposes, or may impose, in the discretion of ADVENTURIX.com, an unreasonable or disproportionately large load on the ADVENTURIX.com infrastructure, deep-link to any portion of this website for any purpose without the express written permission of Adventurix LLC, deliver any unlawful postings to or through this website, or any postings which advocate illegal activity. deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable, deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability, deliver or provide links to, any postings containing defamatory, false or libelous material, impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another, attempt to gain unauthorized access to The Site, any related website, other accounts, computer system, or networks connected to The Site, through hacking, password mining, or any other means, obtain or attempt to obtain any materials or information through any means not intentionally made available through The Site, including harvesting or otherwise collecting information about others such as email addresses.

 

You may only use The Site to make legitimate reservations, purchases, or inquiries to purchase the products or services offered, and shall not use The Site to make any speculative, false, or fraudulent inquiry or any inquiries in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of The Site. You agree to provide correct and true information in connection with your use of The Site, and you agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place an Inquiry in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Adventurix intends to prosecute all fraudulent Users to the fullest extent of the law.
Adventurix and/or the Providers reserve the right to cancel any reservation of any kind, or any other transaction that it reasonably believes to have been fraudulently made, including without limitation, by unauthorized use of a credit or debit card.

ACCOUNTS, SECURITY AND PASSWORDS

You may register to utilize The Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. Additionally you are entirely responsible for any and all activities that occur under your account. You agree to notify ADVENTURIX immediately of any unauthorized use of your account. ADVENTURIX is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

GENERAL LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADVENTURIX, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS, BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Further, to the extent permitted by law, the Adventurix accepts no responsibility for any damage and/or delay due to Provider(s) cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, pandemic diseases, other diseases, terrorism, or other causes beyond the Providers control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Provider shall be responsible for any other Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Provider be responsible for any other wrongdoing of a Provider, including any liability in tort, as to any products and/or services available through this website. No Providers shall be responsible for any other Providers failure to comply with this Agreement nor for any Providers failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Provider is found liable for any loss or damage relating to the use of this website, the User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by any Provider.

INDEMNIFICATION

You agree to defend and indemnify the Adventurix, and the Providers, their affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by you or on behalf in excess of the liability described above; or by third parties as a result of your breach of this Agreement, your violation of any law or the rights of a third party; or your use of this Site.

THIRD PARTIES

If you use this Site to submit Requests for or on behalf of a third-party ("Third-party"), employer, employee, student, family member, or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this website including all rules and restrictions applicable thereto. Each User using this website for or on behalf of a Third-party agrees to indemnify and hold each Provider harmless from and against any and all liabilities, losses, damages, suits and claims, including but not limited to, the costs of defense, relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Inquiry submitted, including total charges and performance obligations including but not limited to deposits, or down payments of any kind.

USER COMMENTS, FEEDBACK AND OTHER INPUT

All comments, feedback, suggestions and ideas disclosed, submitted or offered to the Providers in connection with your use of this website shall be and remain the exclusive property of ADVENTURIX.com and may be used by a Provider in any medium in accordance with our Privacy Policy. By providing your comments to a Provider, you shall be indicating your consent to the Providers use of your comments. For example, your comments could be used on this website and in radio, television, and print advertisements. Your first name, first initial of your last name, and town and state may be used with any comments you submit. The information and opinions expressed in comments by third parties, or Users of this website are not necessarily those of Adventurix or its content providers, advertisers, sponsors, affiliated or related entities, and ADVENTURIX makes no representations or warranties regarding that information or those opinions.

ADVENTURIX does not represent or guarantee the truthfulness, accuracy, or reliability of any comments or determine whether the comments violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk. No Provider is under any obligation to maintain your comments, including your name, in confidence, or obligated in any way to pay to you any compensation for any comments submitted, or to respond to any of your comments. You agree you will be solely responsible for the content of any comments you make.

RESPONSES TO REQUESTS

While the Providers will use their good faith efforts to respond to requests within the time periods indicated on The Site, no guarantee is made that the status of your request will be made available to you within the stated processing time. None of the Providers are responsible for any errors or delays in responding to an Inquiry including, without limitation, error or delays in responding to an Inquiry caused by an incorrect email address or other data provided by you or other technical problems beyond their control.

LINKS TO OTHER WEBSITES AND SERVICES

This website contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. ADVENTURIX does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Adventurix's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.

MODIFICATION OR TERMINATION OF USAGE

ADVENTURIX reserves the right, in its sole discretion, to modify, suspend, or terminate this The Site and/or any portion thereof, including any service or product available through the The Site, and/or your profile, password, or use of The Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any other terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, ADVENTURIX shall not be liable to you or any third-party for any termination of your access to The Site.

PRICING AND THE INEVITABLE POSSIBILITY OF PRICING ERRORS

We endeavor to publish and maintain accurate prices and information for the services we offer.  Our Providers supply us with the prices and other information related to the good and services available on The Site. In the event however, that goods and services are listed with, or provided to us at an incorrect price or with incorrect information due to a typographical error, or other error in pricing or service availability or information received from our suppliers, we retain the right to refuse or cancel any orders placed for such service. Additionally, all prices, product features and specifications listed on Adventurix.com are subject to change at anytime without prior notice.

Adventurix, and our Providers, reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled because of incorrect supplier information, we will promptly issue a credit to your credit card account in the amount of the charge if the charge occurred through out merchant account.  In the event that your credit card was charged by a Provider, or Providers, their terms and conditions and refund policy shall apply.

ELECTRONIC NOTIFICATION

To the extent that we need to contact you, by providing any personal information of any kind to us, you agree that we may do so via any electronic means, including but not limited to communications posted on The Site, telephone, facsimile, electronic mail, or any other means.

INTERNATIONAL USAGE

Adventurix, LLC makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Accessing materials on The Site by certain persons in certain countries may not be lawful, and ADVENTURIX makes no representation that materials on The Site are appropriate or available for use in locations outside of the United States of America.  It is your responsibility to ensure that your country permits accessing this website before transacting any business on this website.

HYPERLINKS

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this website or frame this website, or any web page or material herein, nor may any entity hyperlink any aspect of this website in an email for commercial purposes without the express written permission of ADVENTURIX.

Any information communicated to Adventurix through the use of The Site, including but not limited to notes on message boards, suggestions, ideas and email become the property of Adventurix, and we are entitled to use any information submitted for any purpose without restriction or compensation, financial or otherwise, to the person submitting the information.  Furthermore, Adventurix is not required to give this person or group “credit”, or any other type of recognition or validation for submitting such information, photos, or ideas, unless specifically written elsewhere in our Terms of Service (photo credits apply to certain photos used by Adventurix, and are detailed in another section of this Agreement).

Adventurix is not responsible for the monitoring of any message boards, chat rooms or online forums that appear on The Site.  If we, or our Providers, Members, or any other person discovers a message that contains language that, in our opinion, is unlawful, threatening, defamatory, obscene, inflammatory, discriminatory, harassing, pornographic, profane, racially, ethnically or otherwise objectionable, Adventurix reserves the right to delete such message and cancel the membership of any Member who is determined, solely by Adventurix, to be responsible, or associated with such a message.

MISCELLANEOUS

The headers, bullets, numbering, titles, and captions found in this Agreement, and elsewhere in The Site are only for the convenience of the reader, and do not, in any way, limit or otherwise define the terms and provisions of the Terms of Service, Privacy Policy, and Disclaimer.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each of The Parties regarding your use of The Site and supersede any prior statements, representations, or prior versions of these Terms of Service relating to the use of The Site that were displayed on The Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of The Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on The Site. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

The internal laws of the State of Texas shall govern the performance of this Agreement. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas, USA in all questions and controversies arising out of your use of The Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of The Site must be brought within two (2) years from the date on which such claim or action arose or accrued.

 

 

TRAVEL RELATED SERVICES
Travel Related Services Limitation of Liability

COLLECTIVELY CALLED THE “PROVIDERS”, THE PARTNERED DESTINATIONS, ACTIVITY OPERATORS, CAPTAINS, CHARTER OPERATORS, GUIDES, AND OUTFITTERS, AND OTHER SUPPLIERS PROVIDING TOURS, TRAVEL, TRIPS, EXCURSIONS, OR OTHER SERVICES THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ADVENTURIX. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

PASSPORTS, VISAS AND HAZARDS

We have no special knowledge regarding foreign entry requirements such as the need for passports and visas, unsafe conditions, health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. For foreign entry requirements, go to travel.state.gov/travel/foreignentryreqs.html. For State Department travel warnings and advisories, go to travel.state.gov/travel/warnings.html. For foreign health requirements and dangers, go to www.cdc.gov/travel/index.htm. Other information relating to particular international destinations can be found at www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.customs.gov. You hereby release Adventurix, and the Providers from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
BY ADVERTISING, OFFERING, OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

You agree to abide by the terms or conditions of purchase imposed by any Provider or Activity Operator, whether that Activity Operator is selected by you or by ADVENTURIX, including, but not limited to, payment of all amounts when due and compliance with the Provider or Activity Operator's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Activity Operator's conditions of purchase may result in the cancellation of your reservation, and the forfeiting of any monies paid for such reservations, or purchase(s), and the Activity Operator, or ADVENTURIX debiting your account for any costs ADVENTURIX incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

HOTEL SERVICE RESTRICTIONS

Adventurix is not responsible for any of the following fees, charges, or expenses incurred by you with respect to hotels and/or lodging:  hotels, motels, inns, bed and breakfasts, cottages, or cabins, whether or not the expense incurred was included as a part of your Activity with one of our Providers or Activity Operators, or not.  These charges include, but are not limited to: occupancy charges, meals, beverages, tips, transportation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. 

We are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our Providers, and Activity Operators bill all applicable taxes to you in your Invoice, if applicable, and you pay over such amounts directly to the Providers or Activity Operators.

Depending on the city, state, or country and Activity you choose, you may be charged various incidental fees, transportation fees, gratuities, and other specialty items customary to your activity including, but not limited to: gun rental, fishing tackle rental, ground transfers, charters, vans, hunting permits, hunting license, and fishing license.  These charges, if applicable, will be payable by you directly to the Provider, Activity Operator, or their designated third party vendors, agents, or contractors.

 

ACCEPTANCE OF AN ORDER OR BOOKING

The receipt of an email inquiry, telephone inquiry, or order confirmation does not constitute the acceptance of an order or booking, or a confirmation of an offer to sell. Adventurix, our Providers, and Activity Operators reserve the right, without prior notification, to limit the order quantity on any item, or the decision as to book a trip, and the number of passengers or participants for a trip (if accepted), and/or refuse service to any customer. Verification of personal information may be required prior to the acceptance of any order.

 

LATE ARRIVALS and NO SHOWS

If you are going to be delayed or find that you cannot arrive at your designated meeting point with your Provider or Activity Operator on the date you had scheduled, you should contact them and advise them of your situation. If you fail to notify the Provider, or Activity Operator on, or before the day you are scheduled to arrive, the remaining portion of your reservation will be canceled and you will not be entitled to a refund.  The responsibility of establishing contact with the Provider or Activity Operator is yours and yours alone.  You agree not to hold Adventurix, the Provider(s) and/or Activity Operators responsible for any reason if you are unable to travel, or if you do not arrive at your Activity on time, including any financial loss that you incur as a result of the missed Activity, including, but not limited to, extra air and/or ground transportation costs, meals, beverages, lodging, and other expenses.  For this reason, Adventurix, and the Providers strongly recommend that you purchase travel insurance (with optional medical / evacuation coverage) in order to protect yourself from injury, death, as well as financial and/or other losses, in the event that you become sick, injured, or unable to travel, or continue traveling.

SPECIAL NEEDS

It is your responsibility to contact your Provider(s) or Activity Operator in order to verify that any special needs (handicapped individuals, wheelchairs, etc.) that you, or those persons traveling with you may need, can be met.  Adventurix is not responsible for meeting any special needs that you, or those traveling with you may need, nor the failure of any of our Providers or Activity Operators to respect or accommodate those needs.

All hotel reservations for all Activities are non-cancelable, non-refundable, non-changeable and non-transferable by you, unless specified otherwise, in writing. Once you purchase a reservation for an Activity, your method of payment will be charged for the amount shown.  There shall be no refund or credit in the even that the reservation is not used.  Credit will not be given for any unused reservations and cannot be used toward any future purchases, unless otherwise authorized by the Providers, in writing.

 

HOTEL ACCOMMODATIONS AND SPECIAL REQUESTS

All hotel reservations are guaranteed for double occupancy (one double bed or two twin beds). ADVENTURIX requests that our hotel suppliers provide non-smoking rooms. However room assignments are based on hotel availability and are at the hotel's discretion. We cannot guarantee a non-smoking room, nor can we guarantee you will have one bed or two. If you have special requests (such as smoking room, pet accommodations, type of bedding, connecting rooms, view, floor location, etc.), you must call the hotel and verify that special requests can be met after your reservation is confirmed. ADVENTURIX makes no guarantee that special requests will be met. A hotel reservation cannot be refunded, canceled or modified on the basis that a special request was not (or could not be) met by the hotel.

 

 RESTRICTIONS THAT MAY APPLY TO STANDARD TRIPS AND ALL INCLUSIVE PACKAGES

All hunting trips, fishing trips, and other tours, excursions, or vacation packages available through The Site will be subject to Terms of Service of Adventurix and/or the Providers own terms and conditions.  In the event that there is an overlap, or duplication of one or more terms and/or conditions, or restrictions, the more restrictive of the two (Adenturix’s or the Provider’s) shall apply.  The most recent version of the terms and conditions of service, and any applicable restrictions applied, or introduced by a particular Provider or Activity Operator, as wells as any applicable rules, policies, and procedures listed on the websites, brochures, or any other printed or electronic media made available to the public by the Providers and/or Activity Operator(s) are controlling. Therefore, you accept the sole responsibly to educate and familiarize yourself with all terms, conditions, and restrictions that may or may not apply to your trip, and the activity or activities that you end up to participate in, either voluntarily, or by coincidence.

Any package including but not limited to a hunting trip, fishing trip, excursion, charter, tour, or attraction purchase is subject to the restrictions listed in the Activity Participation Restrictions section below and is subject to the restrictions set forth by the Providers.

The following Activity Participation Restrictions ("Activity Restrictions") shall apply to an Invoice  ("The Invoice") issued by Adventurix, our Providers, or Activity Operators to you ("You") in connection with an Activity, or service ("Activity") operated by an independent operator ("Activity Operator") of such Activity. You must be at least 18 years of age and able to enter into binding contracts. You shall be deemed to have the authority to act on behalf of and to bind the person named on the The Invoice to these Activity Restrictions. Acceptance, usage, or participation in an activity shall be deemed as the acceptance by you and the person or persons named on The Invoice to these Activity Restrictions.

The Invoice, when issued by Adventurix or our Providers or Activity Operators, and presented to The Parties, shall entitle the person or persons named on The Invoice, subject to the most restrictive terms, conditions, and restrictions set forth by Adventurix and/or the Providers to participate or use the Activity described in the Invoice. The Provider or Activity Operator will verify the identity of the person named on The Invoice prior to accepting The Invoice; and may require a signature on a legal document that contains their own terms and conditions that might differ, and the actual credit card that you used to buy the goods, services, or trip from such named person. In the event that you purchase the Activity with a credit card, your positive identification will be required, and you may be asked to sign a voucher before engaging, or continuing to participate, in the Activity.  Adventurix, and our Providers reserve the right to refuse to allow you and/or other persons included on your invoice to participate in the Activity if you or anyone else in your group refuses to sign the a voucher for the credit card that you present.  Adventurix, and/or the Providers may require that you have the credit card that you intend to pay for your Activity with on your person, present it, and sign a voucher prior to receiving any service, participating in the activity, or continuing to participate in an Activity.  The person(s) named on The Invoice may be required to present a government-issued photo ID to the Provider(s), and/or Activity Operator. The Activity Operator reserves the right to deny Admission and/or participation in the Activity if The Invoice and a matching photo ID are not provided to the Provider(s), or Activity Operator. 

The Invoice will be valid only on the dates indicated on The Invoice, and is non-changeable, and non-transferrable, unless otherwise authorized in writing by Adventurix, or the Activity Operator.

Upon issuance of The Invoice by Adventurix, or one or more of the Providers, your credit card shall be charged for the full amount of the invoice immediately. The total price charged will include all taxes and fees. Tips, gratuities, and other incidental charges that you may incur before, during, or after your participation in any trip, activity, tour or excursion including, but not limited to: parking, food and drink, applicable licenses for the legal participation in your Activity, ground transportation, baggage handling, customs assistance, firearms rental (if applicable, fishing tackle rental (if applicable) skycaps, tickets or fines, and other Not Included Items, unless otherwise specified, are not included. Furthermore, you agree not to hold Adventurix, our Providers, and Activity Operators responsible for the payment of, financial or property loss, or damages resulting from any of the above.

The issuance of, and your subsequent payment of, The Invoice, or any other invoice generated by one of our Providers or Activity Operators, unless otherwise communicated in writing, is final, and shall serve as further evidence (beyond your use of The Site, which requires the you agree to be bound by our terms and conditions), that you have read, understand, accept, and agree to be bound by these Terms of Service, our Privacy Policy, and the Disclaimer, including the Release and Waiver of Liability contained in the Disclaimer. Furthermore, you understand, agree, and accept that there are no refunds, credits, exchanges, or cancellations of the Activity that you have purchased, and which The Invoice reflects, once it has been issued by Adventurix, or any of our Providers, unless otherwise specified in writing by Adventurix, or the Providers. The Invoice is valid for redemption only by the person or persons named on The Invoice. The Invoice has no cash value and cannot be assigned, or transferred, in whole or in part. It is your responsibility to confirm that the information, prices, dates, and any other details that your invoice contains in is accurate and error-free, and is in fact, exactly what you wish to buy.  Therefore, you agree to hold Adventurix, and the Providers harmless for any error, mistake, omission, or other problem that you may experience with The Invoice, after you have made any payment, whether full, or partial, toward the balance of said invoice.  After your payment of The Invoice is processed by either Adventurix, or one of our Providers or Activity Operators the sale is considered final, without exception or limitation, and no refund will be granted, nor should one be expected by you.

Many an Activity are subject to special licensing procedures, registration processes, and other policies, procedures, and regulations, and therefore may not be legal, or appropriate for all ages, or for individuals with certain medical conditions. Additionally, participant is certain Activities that require special licensing and/or permits may be required to submit personal information that is not normally required by our Privacy Policy.  Before submitting any information to anyone that is not contained in our Privacy Policy, you should consult the terms and conditions of your Provider and/or Activity Operator to become familiar with what additional information, if any, that you will be required to disclose before participating in the Activity or Activities that they offer.  Since, usage of an Attraction may be subject to the possession of a license or permit, rule, or regulation established by a particular Provider, or Providers, or federal, state, or local governments. It shall be your responsibility, and not the responsibility of Adventurix, to ensure that you are in compliance with all of the above rules, regulations, and laws, at all times.  Any ignorance of the above, or failure to comply on your part may result in denial of admission, removal, or expulsion from the Activity, and in some cases, could be a violation of state, local, national, or international law.   Other restrictions, terms and conditions may apply, and it is your responsibility to comply with them.  Furthermore, it shall be the Users responsibility, and not the responsibility of Adventurix, to communicate with your Provider, or Providers throughout the booking and pre-booking phase, as well as before actually engaging in your particular Activity, for the purpose of educating oneself on the complete details, particulars, legalities, and licensing (if applicable) that may or may not apply to your Activity.

Adventurix is not responsible for any technical, printing, typographical or other errors associated with the description, depiction, licensing procedures, permit applications, availability, or pricing of an Activity or offering by a Provider, or reprinted from a government site.  Any document reprinted from a government site, and found on The Site is provided only as a courtesy, and is not guaranteed to be error free, or up to date.  Therefore, it is your responsibility to ensure that you have read, and are in possession of the most up to date forms, and or policy documents.  Availability and price quotations for an Activity or offering made on this website by a Provider, or Providers, are subject to occasional inaccuracies, and subject to change without notice until an official Invoice has been issued to you by the Provider(s).  Once an Invoice is issued, or paid by the User, the Provider(s) still reserve the right to cancel all, or a portion of the trip, as well as change the terms of the Invoice, without notice, however, if such change is affected by the Provider, the User is entitled to embrace the changes, or receive a refund from the Provider in the event that the changes are unacceptable to the User.   In the event that a refund is not honored by the Provider(s) or Activity Operator(s), or there is a dispute or disagreement between the User and the Provider(s) and/or Activity Operators, Adventurix shall not be responsible for any change, dispute, or other problem that could arise in the billing process between the Provider, and you. Adventurix acts solely an advertiser and information manager for our Providers and Activity Operators; therefore you agree to hold Adventurix harmless for any financial, property, or other type of loss as a result of a billing dispute, or any other type of dispute, with the Providers(s) or Activity Operator(s).  As stated previously, the prices and details associated with the goods and services listed on the Adventurix.com website were provided to us by the Provder(s) and/or or Activity Operators, and are not guaranteed to be error free, therefore it is the User’s responsibility to make the final determination as to the suitability and fitness of any particular good, service, or trip offered on Adventurix.com, or any website linked to, or from, Adventurix.com, therefore you agree to hold Adventurix harmless for any errors that may occur in the transference of information from the Provider(s) and/or Activity Operator(s) to this website, including, but not limited to, typographical errors, syntax errors, and/or any other technical or human errors that result in the inaccuracy of any piece of information appearing on this website.  Furthermore, you understand, agree, and accept that these typographical errors, and/or other errors, are a possible risk of using this website and therefore grant Adventurix and its Provider(s) and Activity Operator(s), the unrestricted right to determine the final, or real, price of any good or service advertised on this website, including but not limited to: goods and services that are included, not included, additional, or otherwise not as they appear in the text, graphics, or images of the Adventurix website.  Adventurix and its Providers, and Activity Operators will make every effort to keep all information, dates, prices, and include and Not Included Items, and additional items up to date, but do not offer any guarantee that any or all of the information is true and correct.  Furthermore, any and all of the above information is subject to change, without notice.

The availability of an Activity, or the status of a Provider and/or Activity Operator may change after your trip is bought or sold. You agree not to hold Adventurix, and the Provider(s) responsible for any or all changes that might occur as a result of diminished availability, for whatever reason the Provider(s) is unable to perform, offer, or conduct the Activity.  Furthermore, Adventurix will not be held responsible for notifying you of any significant change to the availability of any Activity, or status change at one or more of our Providers.  Adventurix will use reasonable efforts to notify you, however, it should be considered only a courtesy, and only in the case that we were notified of the change by the Provider or Activity operator, but shall not be expected, and cannot be guaranteed. In the event an Activity or status of a Provider is canceled, rescheduled, or postponed by the Provider(s) you should immediately contact Adventurix.

The Providers are independent contractors of Adventurix, LLC, and the Activity Operators are their contractors, agents, subcontractors, and sub-agents. The Providers, and their owners, operators, contractors, sub-contractors, and their employees are not agents, sub-agents, or legal representatives of Adventurix for any purpose and have no authority to act for, legally bind or commit Adventurix in any oral, or written contract. The Providers and its owners, operators, contractors and employees are solely responsible for the use and operation of the Activity, and all actions or events occurring prior to, during, at or after, the Activity.

YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF THE ACTIVITY, OR ACTIVITIES,  MAY BE HAZARDOUS AND CARRY WITH IT THE INHERENT RISK OF DANGER, UP TO AN INCLUDING THE POSSIBILITY OF BODILY HARM AND LOSS OF LIFE.  THEREFORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WILL ASSUME ALL RISK OF INJURY AND/OR DEATH ARISING OUT OF, OR IN CONNECTION WITH, THE USE, OPERATION, AND PARTICIPATION IN ANY ACTIVITY, INCLUDING BUT NOT LIMITED TO, THE USE OF ANY GOODS OR SERVICES AVAILABLE FOR SALE BY ADVENTURIX, OR ANY WEBSITE LINKED TO, OR FROM ADVENTURIX.COM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADVENTURIX SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH OF ANY HUMAN OR ANIMAL, OR ANY LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY, NOR ANY OTHER LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE PARTICIPATION, OR ENGAGEMENT OF ANY ACTIVITY, OR ACTIVITIES, OR THE USE OF ANY GOODS AND/OR SERVICES AVAILABLE ON THIS WEBSITE, OR ANY WEBSITE LINKED TO, OR FROM THIS WEBSITE.