GENERAL INFORMATION
This website is operated by The Adventure Express Integrator (hereinafter "The Adventure Express Integrator"). Throughout the site, the terms "we," "us," and "our" refer to The Adventure Express Integrator. The Adventure Express Integrator offers this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices set forth here.
By visiting our site and/or engaging any of our services, you engage in our "Service" and agree to the following terms and conditions ("Terms of Service," "Terms"). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. SERVICES.
a) The Adventure Express Integrator will provide the Services set forth on this page, which shall be rendered on behalf of the client.
b) In addition to these Terms, the Client agrees to follow all rules, procedures, terms, and conditions governing any particular Site (as defined herein) or Service.
c) The Client agrees that The Adventure Express Integrator may terminate the Client's access rights to the Services if it determines, in its sole discretion, that the Client has violated these Terms or any other applicable terms and conditions, or has used the Services for any improper purpose.
2. TERMINATION AND EARLY TERMINATION.
The Adventure Express Integrator may terminate the Agreement and/or the Client's use of the Services or Sites immediately: (i) in the event the Client breaches any term of the Agreement or these Terms, including but not limited to the Client's failure to make any payments when due; (ii) in the event The Adventure Express Integrator no longer has the right or license to provide the Sites and/or Services; or (iii) for any other reason that, in its sole discretion, it determines is necessary for The Adventure Express Integrator to meet its business objectives and goals. In the event of termination of the Agreement, without limiting the rights of The Adventure Express Integrator, the Client shall immediately pay all amounts owed as of the date of such termination.
3. CLIENT REPRESENTATIONS AND AGREEMENTS.
a) The Client represents and warrants that any and all materials or content provided or produced by the Client hereunder ("Client Content"): (a) will not violate any applicable law, regulation, or ordinance; (b) will not infringe or violate in any way any copyright, patent, trademark, trade secret, or other intellectual property right of any third party; (c) will not violate any duty owed to, or rights of, any person or entity, including but not limited to rights of publicity or privacy, and will not give rise to any consumer fraud, product liability, tort, breach of contract, injury, damage, or harm of any kind to any person or entity; (d) will not contain material or information that constitutes defamation, slander, or libel, or that threatens or invades the rights of any third party; and (e) shall not contain any text or other material that is false or misleading. The Client further represents and warrants that it has the right to agree to these Terms. The Adventure Express has no responsibility to review any Client Content.
b) The Client will not engage in any illegal or fraudulent business practices in connection with the use of the Services. The Client is solely responsible for the Client's use of the Services in accordance with the Agreement.
4. PRIVACY; DATA USE; OWNERSHIP.
a) The Client understands and agrees that The Adventure Express Integrator may use cookies, web beacons, or other technologies to collect non-personally identifiable data in connection with the Services and these Terms, which may include, without limitation, information such as a web user's IP address, web pages viewed by a web user, date and time, domain type, and a web user's responses to an advertisement. The Client represents and warrants that engaging the Services provided by The Adventure Express Integrator through the Sites does not violate the Client's own privacy statement.
b) Without limitation, The Adventure Express has the right to use the Client's personal information solely for the purposes set forth in the services agreed upon between the parties. Title and all ownership rights in the Services and Sites, together with any and all ideas, concepts, campaign optimizations, computer programs, patents, trademarks, copyrights, and other technologies that support or otherwise relate to the operation of the Services and Sites (collectively, the "Materials") shall at all times remain exclusively with The Adventure Express Integrator and/or its affiliates and providers, as applicable. The Client has not acquired, and will not acquire, any ownership interest in the Materials as a result of the Agreement.
5. LIMITATION OF LIABILITY.
THE ADVENTURE EXPRESS INTEGRATOR SHALL HAVE NO LIABILITY TO THE CLIENT FOR LOSS OF PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES, BASED ON A CLAIM OF ANY KIND OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. TRANSACTION PROCESSING.
The Adventure Express Merchant Platform will be responsible for processing payment transactions made by The Adventure Express Integrator. Should you have any questions or need clarification regarding payment, please contact call +1 (623)229-3088 for assistance.
7. NO EMPLOYMENT RELATIONSHIP, ASSIGNMENT.
(a) The parties are independent contractors, and the Agreement shall not be construed as creating an agency, partnership, joint venture, or other relationship between the parties.
(b) The Client may not, without the prior written consent of The Adventure Express Integrator, assign or transfer the Agreement or any of its rights hereunder, whether by operation of law or otherwise. The Client agrees that any of itsagents, representatives, employees, or any person or entity acting on its behalf with respect to the use of the Services shall be bound by, and shall comply with, these Terms.
8. JURISDICTION
(a) Any dispute or controversy arising out of or related to any interpretation, construction, performance, or breach of these Terms and/or the Clients' use of the Sites or Services shall be governed exclusively by the laws of Phoenix, Arizona, without regard to its conflict of laws provisions. The parties agree to submit to personal jurisdiction in the federal courts of Phoenix, which shall serve as the exclusive venue.