TERMS OF SERVICE
Published: 10/30/2020
Exploring Paths, A Public Benefit Corp provides a platform and ecosystem for parents, youth, and organizations alike to easily explore the communities around them.
1. AGREEMENT TO TERMS OF USE. This is an agreement between you and Exploring Paths, A Public Benefit Corp or any one or more of its subsidiaries or affiliates, including EP Ventures, LLC, as the case may be) (collectively, “Exploring Paths,” “we,” “us” or “our”). The terms and conditions of use (the “Terms of Use”) contained in this document shall govern your use of any website or webpage operated by Exploring Paths (collectively, the “Site”) or any services provided in connection with the Site (the "Service"). The Site is our property.
EXPLORING PATHS OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY (see Sections 10 and 11) AND A DISPUTE RESOLUTION CLAUSE (see Section 16). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Exploring Paths reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your ongoing responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you unconditionally accept and agree to the changes. As long as you comply with these Terms of Use, Exploring Paths grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Your use of the Site signifies that you agree to this Agreement. If you are using the Site for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Site. We can change or end this agreement at any time.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
IF YOU DON’T AGREE WITH ANY PROVISION OF THESE TERMS, YOU MAY NOT ACCESS THE SITE.
2. INFORMATION ABOUT US AND HOW TO CONTACT US.
2.1 Who we are. We are Exploring Paths, A Public Benefit Corp., a Delaware Corporation (“Exploring Paths”, the “Company”, “our”, “us” or “we”), the operator of www.exploringpaths.com (the “Site”). Our company mailing address is 16192 Coastal Highway, Lewes, Delaware 19958-9776. Exploring Paths provides its users with Destinations and Experience Partners, both online and physical, to view and explore. Everything we offer on and through the Site to you including access to listed destinations (“Destinations” and our “Experience Partners”) shall be collectively referred to herein as the “Services”.
2.2 How to contact us. You can contact our customer service team by emailing us at support@exploringpaths.com or by writing to us at: 16192 Coastal Highway, Lewes, Delaware 19958-9776
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
3. OUR CONTRACT WITH YOU.
3.1 Access or Use. These Terms govern your use of the Site and the Services, both as a visitor and as a user (each visitor and each registered user is referred to generally for purposes of these Terms as a “Client User” or “You”). BY ACCESSING OR USING THE SITE, AND/OR BY REGISTERING AND/OR SUBSCRIBING WITH US, YOU AGREE TO THESE TERMS OF SERVICE. You consent to the information practices disclosed in our Privacy Policy and our Cookies Policy which are incorporated herein by reference, and you consent to resolve any disputes with Us in the State of New York pursuant to the terms set forth herein.
Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms on such individual's or entity's behalf.
This Site is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements and agree to Exploring Path’s Terms as set forth herein and its Privacy Policy available at www.exploringpaths.com/privacypolicy and all documents referenced therein. If you do not meet all of these requirements, you must not access or use the Site.
3.2 Content and Services. The Site provides Client Users with the ability to view and access a list of destinations and their locations and information, the ability to track one’s progress and compete amongst all users, ability to create groups, add friends write reviews and save memories and document the participation in an activity. The Services are available 24/7 365 days per year. When you become a Client User, you authorize the use and disclosure of your personal and legal information pursuant to the terms of our Privacy Policy for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy available at www.exploringpaths.com/privacy-policy.
3.2.1 Content and Subscriptions. Exploring Paths users may access the product in three ways:
Browsing the website or using the apps without an account: Exploring Paths makes some content and features available for use without an account.
Free Exploring Paths Member Account: Additional Features are available to free account holders that can only be accessed with a member account.
Paid Exploring Paths Pro subscriptions: a subscription fee-based program, which gives you access to premium Product features. You can become an Exploring Paths Pro subscriber by purchasing a subscription to the product from the website, or within the app. If you purchase a subscription through the website, we offer a 30 day money back guarantee. If you are not satisfied with the Exploring Paths Pro service within 30 days of your initial purchase, email support@exploringpaths.com and we will refund your payment. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you obtain the services through this distribution channel, you may be subject to additional terms of the distribution channel. These Terms are between you and Exploring Paths only, and not with the distribution channel. To the extent that you utilize any other third party products and services in connection with your use of the Products, you agree to comply with all applicable terms of any agreement for such third party products and services.
Our “Monthly” subscription is paid for by an upfront payment with automatic monthly renewal. You acknowledge and agree that Exploring Paths is authorized to change the applicable payment instrument (the “Payment Method”) used for
i. the initial monthly subscription fee at the rate secured at the time of purchase
ii. the renewal subscription fee(s) at the effective rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. If your original purchase of a monthly subscription was through the website, and you mistakenly renewed your subscription, email within 5 days of your renewal payment and we will refund your renewal payment. Refunds cannot be claimed for any partial subscription period after the first 5 days from any such renewal. Please note that if your subscription is renewed through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds.
Our “Annual” subscription is paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that Exploring Paths is authorized to charge the applicable payment instrument (the “Payment Method”) used for
i. the initial annual subscription fee at the rate secured at the time of purchase
ii. the renewal subscription fee(s) at the effective rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. If your original purchase of an annual plan was through the website, and you mistakenly renewed your subscription, email within 30 days of your renewal payment and we will refund your renewal payment. Refunds cannot be claimed for any partial subscription period after the first 30 days from any such renewal. Please note that if your subscription is renewed through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds.
You may cancel automatic renewals of your subscriptions at any time in your account at www.exploringpaths.com, or by emailing support@exploringpaths.com. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.
You agree to promptly notify Exploring Paths of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
In the course of your use of the product, Exploring Paths and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Exploring Paths and Exploring Paths’ third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Our obligation to provide the product only comes into being when we take receipt of your order, and we confirm your purchase to you by email. We shall confirm your order and send you an email to confirm your access to the subscription purchased. Please quote the order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the payment method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any product purchased through Exploring Paths for commercial purposes.
3.2.1 Technical Support. Exploring Paths shall provide technical support to you as necessary for you to access our Services.
3.2.2 Payments. Exploring Paths uses a third-party payment processer and does not have access to your payment information and does not store details of client payments.
In order for us to provide Services to you, you authorize us to use any information you provide to us and authorize us to disclose such information to the Destinations, our Experience Partners and other representatives of ours who in our sole discretion are necessary for us to render the Services to you.
3.3 Expectations. You acknowledge and agree that in providing the Services, Exploring Paths (i) does not recommend or endorse any Experience Partners, (ii) does not make any representations or warranties with respect to any Experience Partners, (iii) does not make any representations or warranties including without limitation any representations or warranties of accuracy or completeness with respect to any content for which we provide You access, or (iv) does not make any representations or warranties regarding any party including any Experience Partners or other third-party partner with whom you choose to communicate with or transact business with through the Site or otherwise. You are solely responsible for activity that occurs as a result of using the Site, the Destinations, and our Experience Partners and you acknowledge and agree that the Company cannot guarantee the fitness of any Destination or Experience Partners.
3.4 Your Responsibilities. If you sign up for the Services, you may be asked to create a personalized account which could include a unique username and a password to access the Services and to receive messages from the Company, the Destinations, or its Experience Partners. You will be responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and subscription and any other actions taken in connection with the account or subscription. Exploring Paths will not be responsible for any liabilities, losses, or damages arising from your or the unauthorized use of your computer (or any computing device) or your account or your subscription.
3.5 Your Use and Restrictions. You are responsible for all use of the Site and for all use of your credentials, if applicable, including use by others to whom you give your credentials. You may use the Site and the Services for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to use your credentials to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; reformat or frame any portion of the web pages that are part of the Site and/or the Services; create user accounts by automated means or under false or fraudulent pretenses; collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
3.6 Indemnification. You agree that Exploring Paths is not responsible for any harm that this Site or the Service may cause. Upon request by us, you agree to indemnify, defend and hold us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, vendors, contractors, agents, successors, and assigns harmless from and against any and all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, the Destinations, and the Experience Partners, (b) your use of the Services, or (c) the violation of these Terms or any intellectual property or other right of any person or entity, by you or any third party using your credentials.
3.7 Data. Exploring Paths is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons. We also reserve the right to deny service to offenders of these guidelines and to terminate or deny service to anyone for any reason or no reason.
3.8 Electronic Notices and Agreements. Your use of this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms, which includes our Privacy and Cookie Policies, and your consent to enter into agreements with us.
3.9 Changes. We may change these Terms at any time, as we reasonably deem appropriate. Upon any change in these Terms, we will post the amended agreement on the Site and the date such amended agreement is effective. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms, the modification, and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following any such modifications hereto, then you may not use the Site.
3.10 Copyright and Limited Use. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Exploring Paths, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site and the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of our Site, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this Site.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: support@exploringpaths.com
If you provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All rights to the Site and the Services not expressly granted are reserved by Exploring Paths. Any use of the Site or the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
3.11 Trademarks. Exploring Path’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Exploring Paths or its affiliates or licensors. You must not use such marks without the prior written permission of Exploring Paths. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
3.12 Disclaimer. If you believe that any material on the Site infringes upon any copyright, which you own or control, please contact Exploring Paths at: 16192 Coastal Highway, Lewes, Delaware 19958-9776
3.13 Links from the Site. If the Site contains links to other sites and resources provided by third parties including the Destinations and our Experience Partners, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site including websites of the Destinations and our Experience Partners, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
4. USER CONTENT. You grant Exploring Paths a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Exploring Paths, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the business of Exploring Paths, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Exploring Paths may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. All contents of this Site including but not limited to text, illustrations, images and any other intellectual property, are protected by applicable trademark and copyright laws of the state and federal law, including the federal Digital Millennium Copyright Act of 1998 (the “DMCA”), worldwide copyright laws, and treaty provisions. The Exploring Paths name and logo and other names and logos associated with Exploring Paths’ products and/or services referenced herein are trademarks or service marks of the Exploring Paths. All other trademarks and registered trademarks on this Site are the property of their respective owners. Product and service names appearing on the Site are also the property of their respective owners.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of Exploring Paths and of other third parties. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID or account. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; or (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. Exploring Paths reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Exploring Paths intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT. Exploring Paths intends to comply with certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Exploring Paths will immediately suspend and/or terminate the account of any user of the Site or Service who is found to have infringed on the rights of Exploring Paths or of a third party, or otherwise violated any intellectual property laws or regulations. Exploring Paths' policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Exploring Paths to delete, edit, or disable the material in question, you must provide Exploring Paths with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Exploring Paths to locate the material; (d) information reasonably sufficient to permit Exploring Paths to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Exploring Paths’ designated agent at:
Exploring Paths, A Public Benefits Corporation
16192 Coastal Highway
Lewes, Delaware 19958-9776
+1.302.219.3833
8. PROHIBITED USES. Exploring Paths imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or its registered domain to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Exploring Paths in providing the Site. Any violation of system or network security may subject you to liability. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site, except as otherwise specifically allowed in this agreement.
9. ALLEGED VIOLATIONS. Exploring Paths reserves the right to terminate your use of the Service and/or the Site. To ensure that Exploring Paths provides a high-quality experience for you and for other users of the Site and the Service, you agree that Exploring Paths or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. Exploring Paths does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Exploring Paths reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Exploring Paths believes that you have violated any of the Terms of Use, furnished Exploring Paths with false or misleading information, or interfered with use of the Site or the Service by others.
10. NO WARRANTIES. EXPLORING PATHS HEREBY DISCLAIMS ALL WARRANTIES. EXPLORING PATHS IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPLORING PATHS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EXPLORING PATHS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION OF LIABILITY. EXPLORING PATHS’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXPLORING PATHS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY EXPLORING PATHS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. LINKED SITES. Exploring Paths has no control over, and no liability for any third-party websites or materials including any websites or materials or products of the Destinations and its Experience Partners. Exploring Paths works with a number of partners and affiliates including the Destinations and its Experience Partners whose Internet sites may be linked with the Site. Because neither Exploring Paths nor the Site has control over the content and performance of the destinations, partner and affiliate sites including the Destination sites and its Experience Partners’ sites, Exploring Paths makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Exploring Paths assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites including on the sites of the Destinations and the sites of its Experience Partners. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Exploring Paths makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
13. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Exploring Paths or by any third party.
14. INDEMNIFICATION. You agree to indemnify and hold Exploring Paths, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your: (i) access to or use of the Site, (ii) your access to or interaction with any of the Destinations and Exploring Paths’ Experience Partners; (iii) breach of these Terms and Conditions; (iv) violation of the intellectual property rights of a third party; (v) posting, disseminating or otherwise publishing unlawful, threatening, abusive, harassing, vulgar, obscene, libelous or defamatory messages on this Site or otherwise violating the legal rights (such as rights of privacy and publicity) of others; (vi) gross negligence or reckless or intentional misconduct; or (vii) breach of a warranty.
15. GOVERNING LAW. This Agreement and the relationship between you and Exploring Paths shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Subject to the provisions of Section 14, You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York, New York in all disputes arising out of or related to the use of the Site or Service or any other dispute involving the Company and your use of the Site or services or any other interactions with the Destinations and Company’s Merchants. You waive any and all objections to the exercise of jurisdiction over you by the New York courts and to venue in such courts.
YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST EXPLORING PATHS AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST EXPLORING PATHS, YOU AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
16. DISPUTE RESOLUTION. At Exploring Path’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Site, including without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, or any disputes involving the Company, the Destinations, and its Experience Partners, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. You agree that any such arbitration shall take place at the offices of the American Arbitration Association located in New York, NY.
17. NO JOINT VENTURE. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Exploring Paths as a result of this agreement or use of the Site or Services.
18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. MODIFICATIONS. Exploring Paths may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Exploring Paths shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
20. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM