TERMS OF SERVICE
Effective date: November 8, 2017
Please read these terms of service carefully (“Terms”). These Terms, which incorporate our Privacy Policy, as amended from time to time, establish and govern the relationship between Pollux Adventures LLC, dba “Pollux Adventures” (“ Pollux Adventures” or “ we” or “ our”) and you, the end-user of the Site (“ End User” or “ you” or “ your”). The Services comprise the web site www.polluxadventures.com (“Site”) and additional services provided by Pollux Adventures, whether via the Site or not, including but not limited to designing a custom trip itinerary, providing a ski or hiking guide and facilitating and booking lodging, accommodations and transportation and access to ski resorts and other locations for outdoor activities (“Related Services”).
Agreement to these Terms
These Terms constitute a legal contract. As such, by accessing, and /or utilizing the Site, you hereby acknowledge and agree to be bound by these Terms, as updated, from time to time, by Pollux Adventures, govern your use of the Site) and the Related Services. If you do not agree to be bound by all of these Terms, do not access or utilize the Site or Related Services.
Changes to Terms
Pollux Adventures may, in its sole discretion, modify these Terms, at any time and without prior notice. If we do so we will let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms whenever we revise them because your continued use of the Site shall constitute your agreement to be bound by the modified Terms. Your continued use will be governed by the modified Terms, as well. If the revised Terms are not acceptable to you, you must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to you.
Eligibility
The Services are intended solely for businesses or persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
Content on the Site
For the purposes of these Terms:
“ Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials.
“ Pollux Adventures Content” means all Content that Pollux Adventures makes available through the Services, including any Content licensed from a third party.
Subject to your compliance with the terms and conditions of these Terms, Pollux Adventures grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Pollux Adventures Content solely for your personal and non-commercial purposes.
You acknowledge and agree not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Pollux Adventures Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pollux Adventures or its licensors, except for the licenses and rights expressly granted in these Terms. You agree that you have no right to, or title in or to, any Pollux Adventures Content or any other attributes associated with your Account.
Ownership of Intellectual Property
The contents of the Site, including all Website software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information, downloadable products, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are, unless expressly disclaimed, the property of Pollux Adventures, its suppliers or licensors and are legally protected, without limitation, under applicable U.S. Federal, State, and foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly state in writing, the term Site includes "Material" as well. The Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
You must not alter, delete or conceal any copyright notice, trademark notice, or other notices contained on the Website, including notices on any Material you download, transmit, display, print or reproduce from the Website. You may not, nor may you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
What Not to Do
The Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services:
· Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
· Use, display, mirror or frame the Site, or any individual element within the Services, Pollux Adventures’s name, any Pollux Adventures trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Pollux Adventures’s express written consent;
· Access, tamper with, or use non-public areas of the Services, Pollux Adventures’s computer systems, or the technical delivery systems;
· Attempt to probe, scan, or test the vulnerability of any Pollux Adventures system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Pollux Adventures or any other third party to protect the Services or Pollux Adventures Content;
· Attempt to access or search the Site or Pollux Adventures Content or download Pollux Adventures Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Pollux Adventures or other generally available third party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a Pollux Adventures trademark, logo URL or product name without Pollux Adventures’s express written consent;
· Use the Services or Pollux Adventures Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Pollux Adventures Content;
· Collect or store any personally identifiable information from the Services from other End Users of the Services without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· Deep-link to any portion of the Site for any purpose without our express written permission;
· "Frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
· Violate any applicable law or regulation; or,
· Encourage or enable any other individual to do any of the foregoing.
Pollux Adventures reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Pollux Adventures Content for any reason that Pollux Adventures, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
Disclaimer
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, POLLUX ADVENTURES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. POLLUX ADVENTURES MAKES NO WARRANTY THAT THE SERVICES OR POLLUX ADVENTURES CONTENT WILL MEET YOUR REQUIREMENTS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH GUIDES, HOTELS, TRAVEL COMPANIES AND OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES (‘OTHER PERSONS”), NONE OF WHOM ARE AGENTS OR EMPLOYEES OF POLLUX ADVENTURES. POLLUX ADVENTURES IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OTHER PERSONS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of OTHER PERSONS will be limited to a claim against such OTHER PERSONS who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Pollux Adventures.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND POLLUX ADVENTURES CONTENT, REMAINS WITH YOU. POLLUX ADVENTURES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR POLLUX ADVENTURES CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POLLUX ADVENTURES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL POLLUX ADVENTURES’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES, OR POLLUX ADVENTURES CONTENT; (III) THE OFFERING OF ANY OTHER PERSONS; EXCEED THE FEES PAID BY THE END USER VIA POLLUX ADVENTURES, IF ANY, OR ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN SKIING, HIKING AND OTHER MOUNTAIN AND OUTDOOR ACTIVITIES ARE POTENTIALLY STRENUOUS ACTIVITIES AND PRESENT RISK OF PROPERTY DAMAGE, PERSONAL INJURY AND DEATH. YOU HAVE VOLUNTARILY ELECTED TO PARTICIPATE IN SUCH ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY AND DEATH. YOU DO HEREBY WAIVE, RELEASE, AND DISCHARGE US AND OUR AGENTS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, AND WRONGFUL DEATH, AND CLAIMS OF ANY NATURE WHICH MAY HEREAFTER ACCRUE TO YOU OR YOUR ESTATE AS A DIRECT OR INDIRECT RESULT OF YOUR PARTICIPATION IN SKIING, HIKING AND OTHER MOUNTAIN AND OUTDOOR ACTIVITIES.
Indemnity
You agree to indemnify and hold harmless Pollux Adventures and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with (a) your access to or use of the Services or Pollux Adventures Content or your violation of these Terms, (b) your interaction with any Other Persons including, but not limited to, (i) any condition caused by events beyond Pollux Adventures’s control that may cause damage to a Ski Resort; and (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Guide (c) your violation of any law.
Execution of Waiver or Separate Agreement
A Guide or Ski Resort or Facility Owner, in its discretion, may require execution of its form waiver of liability or agreement by the End User and / or other members of the End User’s party. You agree to execute such form or agreement and to abide by its terms and conditions, as well as by any rules or conditions posted at any ski resort or other location on your trip itinerary or otherwise made known to you.
You understand that any violation of any such form waiver of liability, agreement or other rules or conditions may result in cancellation of your reservation(s) without refund, denial of access to the ski resort or other location on your trip itinerary and forfeiture of monies paid.
How Disputes Will Be Handled
These Terms and any disputes related to them or to your use of the Services will be governed by the laws of the State of Vermont without regard to its conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the Lamoille Civil Division of the Vermont Superior Court and the United States District Court for the District of Vermont in all disputes arising out of or relating to the use of the Site, Services and / or Related Services.
You and Pollux Adventures agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND POLLUX ADVENTURES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pollux Adventures otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
General
This Website may contain hyperlinks to websites operated by parties other than Pollux Adventures. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Please refer to our Privacy Policy (http://polluxadventures.com/privacy/) for information on how we collect, use and disclose information from End Users.
Headings are for reference purposes only and do not limit the scope or extent of such Section. The failure of Pollux Adventures to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pollux Adventures. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Pollux Adventures, as determined by Pollux Adventures in its sole and absolute discretion, (i) via email (in each case to the address that you provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and you can submit Feedback by emailing us at info@polluxadventures.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Contacting Pollux Adventures
If you have any questions about these Terms, please contact us at info@polluxadventures.com or at. Pollux Adventures LLC, 1728 Stowe Hollow Rd, Stowe, VT, 05672 – 4532