TERMS & CONDITIONS OF USE

Agreement between User and Explorer Tours, LLC

 

PLEASE READ THESE TERMS & CONDITIONS OF USE AND THE EXPLORER TOURS, LLC PRIVACY POLICY BEFORE ACCESSING OR USING THIS WEBSITE

 

This website, etoursva.com & explorertoursva.com (the “Site”), is comprised of various web pages operated and managed by Explorer Tours, LLC, a Virginia limited liability company (the “Company”).

 

The Site is offered to you as conditioned upon your acceptance of the terms, conditions, and notices contained herein, without modification or alteration (the “Terms”). Your use of the Site constitutes  your agreement to all such Terms. These Terms solely control your use of and interaction with the site. Please read the Terms carefully and keep a copy of them for your reference.

 

Privacy

Your use of and access to the Site is subject to the Company’s  Privacy Policy. Please review this Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

The Company and the Site do not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of thirteen, you may use the Site only with permission of a parent or guardian.

 

Links to Third-Party Sites and Third-Party Services

The Site may contain links to other websites. These linked websites are not under the control of the Company, and the Company is not responsible for the contents of any linked website, including but not limited to any link contained in a linked website or any changes or updates to a linked site. The Site provides third-party links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the website or any association with its operators.

 

Certain services made available via the Site are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Company.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with the Terms. As a condition of your use, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Company’s services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright or other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will 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. The Company content is not for resale. Your use of the Site does not entitle you 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 the Company 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 the Company or our licensors, except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Service(s)”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

 

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

The Company  reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized by the Company, and their views do not necessarily reflect those of the Company.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to the Site or Posted on the Site

The Company does not claim ownership of the materials you provide to the Site, including feedback and suggestions, or post, upload, input, or submit to the Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting Submissions you hereby grant the Company, our affiliated companies, and necessary sublicensees permission to use your Submissions in connection with the operation of internet business. Such business includes, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; and to publish your name in connection with your Submissions.

 

No compensation will be paid with respect to the use of your Submissions, as provided herein. The Company has no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in the Company’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

 

International Users

The Site is controlled, operated, and administered by the Company  from its offices within the United States of America. If you access the Site from a location outside the United States of America, you are responsible for compliance with all relevant laws. You agree that you will not use the Company’s content as accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or  any user postings made by you, your violation of any of the Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EXPLORER TOURS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

EXPLORER TOURS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXPLORER TOURS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXPLORER TOURS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXPLORER TOURS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered to clients. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

The Company welcomes your questions or comments regarding its Site and the Terms and Conditions herein:

 

Explorer Tours, LLC

Email: help@etoursva.com

 

Effective as of October 13, 2023

 

RELEASE, WAIVER OF LIABILITY, and ASSUMPTION OF RISK

Agreement between Customer and Explorer Tours, LLC

 

PLEASE READ THIS RELEASE, WAIVER OF LIABILITY, and ASSUMPTION OF RISK,

AS WELL AS OUR TERMS OF WEBSITE USE AND RELATED PRIVACY POICY

BEFORE OBTAINING ANY SERVICES PROVIDED BY EXPLORER TOURS, LLC

 

Explorer Tours, LLC, a Virginia limited liability company (the “Company”), offers several services to its customers as part of its historical and alcohol tasting tours. These services, which can include but are not limited to sightseeing and alcohol tasting tours, are offered to you conditioned upon your acceptance of this Release, Waiver of Liability, and Assumption of Risk Agreement (the “Agreement). Please read these terms carefully.

 

This Agreement is made by and between the you (the “Customer) in favor of the Company, its directors, employees, and agents. This Agreement and its terms shall be in effect from the date that services are obtained by the Customer from the Company.

  1.  

 

  1. The Company agrees to provide shuttle transportation services to the Customer for the purpose of visiting historical sites near and around the Virginia Peninsula, including but not limited to the cities of Williamsburg, Jamestown, and Yorktown (the “Services”). Said Services shall include but not be limited to picking up the Customer from a designated location, transporting the Customer to various sightseeing locations and/or local breweries/wineries, providing safe and comfortable transportation, and returning the Customer back to a pre-designated drop-off site. Any scheduling for the Services, including the shuttle pick up and drop off times, as well as the locations to be visited, shall be identified in advance by the Company prior to each specific trip.

 

  1. Prior to partaking in the Services, the Customer agrees to pay in full to the Company the fees for said Services, as identified on the Company’s website: etoursva.com & explorertoursva.com. Notwithstanding the force majeure clause below, the Customer further agrees to abide by the Company’s cancellation policy, which provides that no refunds shall be issued by the Company to the Customer less than forty-eight (48) hours prior to the scheduled Services.

 

  1. Release and Waiver.

 

  1. The Customer does hereby release and forever discharge, hold harmless, and indemnify the Company and its successors and assigns from any and all liability claims and demands of whatever kind of nature, either in lay or in equity, which arise or may hereafter arise from the Services offered by the Company. The Customer understands that this release discharges from any liability or claim that the Customer may have against the Company with respect to any bodily injury, personal injury, illness, death, or property damage that may result from participation in the Services, unless said claim was caused by the Company’s gross negligence or willful malfeasance. The Customer also understands that the Company does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical health, or disability insurance in the event of injury or illness.

 

  1. Assumption of the Risk.

 

  1. The Customer understands that the Services include activities that may be dangerous or hazardous to the Customer, including but not limited to alcohol consumption. The Customer hereby expressly and specifically assumes the risk of injury or harm in the Services and releases the Company form all liability for injury, illness, death, or property damage resulting therefrom. The Customer further agrees that neither the Company nor its officers, members, managers, directors, contractors, vendors, partners, or other agents shall be held liable for personal injury, death, or damage, unless caused by the Company’s gross negligence or willful malfeasance.

 

  1. The Customer agrees to be responsible for his or her own actions, safety, and welfare, and further understand that, as a member of a group, the Customer shall conduct his or herself in a way that does not endanger the Customer or the group.

 

  1. Transportation and Sightseeing.

 

  1. The Customer hereby acknowledges that the Services specifically involve transportation by shuttle bus and accepts the inherent risks associated. The Customer acknowledges that he or she does not have a medical condition that would prevent the Customer from utilizing a shuttle bus or result in any harm or injury to the Customer as a result of using a shuttle bus. The Company shall exercise ordinary and reasonable care in the operation of the shuttle bus; however, the Company shall assume no responsibility, nor does it grant any express or implied warranties relating to other third parties, including drivers of other motor vehicles.

 

  1. The Customer agrees to be responsible for any and all damage to the shuttle bus that is caused by the Customer, including any and all Company fees for clean-up, rips and tears, or other damage. Said fees can be found on the Company’s website.

 

  1. The Customer agrees to be responsible for his or her person and belongings, and acknowledges that the Company shall in no event be held responsible for any loss, theft, or damage to any personal property brought by the Customer in accessing the Services.

 

  1.  

 

  1. The Customer understands that the Services may include stopping at locations for, amongst other things, the consumption of alcohol. Customer hereby assumes the risks associated with alcohol consumption and takes full responsibility for Customer’s own actions, safety, and welfare when under the influence of alcohol. The Customer acknowledges and agrees to consume alcohol responsibly and in compliance with all applicable laws and regulations during any brewery or winery visits. Excessive alcohol consumption or any behavior that disrupts the safety or enjoyment of the Company’s services will not be tolerated.

 

  1. All individuals consuming alcoholic beverages during the brewery or winery visits must be of legal drinking age as defined by the laws of the Commonwealth of Virginia, twenty-one (21) years old. The Company reserves the right to verify the age of the Customer prior to any tours involving alcohol consumption.

 

  1. The Company reserves the right to refuse services or to remove any Customer from the shuttle bus if the Customer, in the Company’s sole discretion, is deemed to be intoxicated or engaging in disruptive behavior that may compromise the safety or the enjoyment of the group in accessing the Company’s services.

 

  1. Photographic Release.

 

  1. The Customer does hereby grant and convey unto the Company all rights, title, and interest in any and all photographic images and video or audio recordings made by the Company during the Customer’s use of the Services, including but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings. The Customer does hereby grant the Company permission to use the Customer’s likeness in photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration.

 

  1. Indemnification

 

  1. The Customer hereby agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising the Customer’s use of and participation in the Services, as well as any claims for bodily injury, wrongful death, bodily injury, or other damage brought by Customer, Customer’s heirs, successors, assigns, spouse, family, or legal counsel, except to the extent that said claims arise out of the Company’s gross negligence or willful malfeasance. The Customer agrees that under no circumstances shall the Company be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if the Company was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by the Company.

 

 

 

  1. Force Majeure.
    1. Performance by the Company shall be pursued with due diligence. However, except as otherwise expressly provided herein, the Company shall not be liable to the Customer for any loss or damage for delay due to causes that (i) were beyond the reasonable control of the Company and (ii) were not caused by the negligence or lack of due diligence of the Company. The parties agree that, provided the conditions stated in (i) and (ii) above apply, the following are causes or events of force majeure: acts of civil or military authority (including courts and regulatory agencies), acts of God (excluding normal or seasonal weather conditions), war, riot or insurrection, inability to obtain required permits or license, pandemics, and severe flooding. The Company shall promptly provide written notice to any affected customers indicating the nature, cause, date of commencement thereof, the anticipated extent of such delay, and whether it is anticipated that any Services will be affected thereby, and shall exercise due diligence to mitigate the effect of the delay. The Company shall refund any customer payments made if the Company cannot fulfill the Services for the Customer due to reason of an event outlined herein.

 

  1.  

 

  1. The Customer expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Virginia and that this Release shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia.

 

  1. The Customer hereby consents to the jurisdiction and venue in the appropriate court in the Commonwealth of Virginia for any and all causes of action that arise related to this Agreement or the Services.

 

  1. The Customer agrees that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement, which shall continue to be enforceable.

 

  1. In the event of a dispute or litigation, the prevailing party shall be entitled to recover all attorneys’ fees and costs.

 

BY ENAGING TO UTILIZE THE SERVICES DESCRIBED HEREIN,  CUSTOMER AGREES THAT THEY HAVE HAD THE OPPORTUNITY TO READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND HAVE SIGNED IT FREELY, INTENDING IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF APPLICABLE LAW