Terms & Conditions
ORBRIDGE, LLC ("Orbridge") PROVIDES YOU WITH ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING AND USING THIS SITE (the "Site"), YOU AGREE TO BE BOUND BY THE FOLLOWING SITE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE SITE TERMS, YOU MAY NOT USE THE SITE. HOWEVER, ANY PAYMENT TO ORBRIDGE, INCLUDING BUT NOT LIMITED TO DEPOSITS, CONSTITUTES YOUR ACCEPTANCE OF THESE SITE TERMS AND OTHER TERMS AND CONDITIONS IN THE SPECIFIC TOUR DOCUMENTS.
1. Related Policies and Terms: The Site Terms apply to your access to, and use of, this Site. Additional policies and terms, as well as separate agreements or documents between you and Orbridge, may apply to the purchase of certain products or services from Orbridge, whether or not through this Site.
Additional Terms and Conditions may apply to some expeditions and will be provided with pre-trip mailings.
The Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Orbridge for products, services, or otherwise, and in the event of any conflict between the Site Terms and any such other agreement, the terms of the other agreement shall control unless otherwise expressly provided in the other agreement.
Orbridge has adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. We encourage you to review the Privacy Statement section of the Site.
2. Modification of Site Terms: Orbridge reserves the right to change these Site Terms at our sole discretion at any time and from time to time. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last changed. Any changes or modifications will be effective upon posting of the revised Site Terms, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.
3. Right to Access Site: Orbridge grants you a limited right to use the Site for personal purposes only in connection with your use or possible use of Orbridge’s products and/or services. You may not use the Site or Site Materials (as defined below) for any other purpose, include, without limitation: (a) any resale or commercial use of this Site or any Site Materials; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any software code that runs or is available at the Site, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, transmitting any Site Materials (including any Orbridge trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. You may not use the Orbridge name, trademark, or product name, including in any meta tags or any other "hidden text," without our express written consent.
"Site Materials" means all materials on the Site, including, without limitation, trademarks design, content, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
We may terminate your right to use and access at any time for any reason, including if you make or permit any unauthorized use of this Site or if you violate any other provision of the Site Terms. Following termination, those terms and conditions of these Site Terms that would reasonably be expected to continue applying, including without limitation Sections 11 through 15, shall still apply.
4. Changes, Misprints and Error: Except to the extent limited by applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate. If we do not process an order for such reason, we will advise you that the order has been canceled and will either not charge you or will apply credit to the payment type used in the order.
5. Passwords and Security: If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. If the confidentiality of your account or password is compromised in any manner, you will notify Orbridge immediately. Orbridge reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating or suspending your account or your access to the Site, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, Orbridge may rely on the authority of anyone accessing your account or using your password and in no event will Orbridge be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Orbridge under this provision, (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password.
6. Provisions Relating to Travel Services
Rates. Program rates are based on minimum participation levels, current fares (air, water, land), tariffs and currency values. While Orbridge does everything possible to maintain the listed program rates, they are subject to change effective immediately upon posting unless otherwise specified by Orbridge.
Registration, Deposits and Final Payment. To confirm and secure your reservation, a deposit of $850 per person per program and $500 per person per extension, payable by check, money order, wire transfer of same day US funds, or major credit card is due at the time of registration. Final payment including any extension(s) is payable by check, money order, or wire transfer of same day US funds ONLY and due no later than 90 days prior to the scheduled program departure date. If your reservation is made fewer than 90 days prior to departure, the entire cost of the program, plus any extension, is due at the time of registration by check, money order, or wire transfer of same day US funds ONLY. If final payment is not received by Orbridge at least 90 days prior to the scheduled program departure date, (a) the reservation is subject to a late payment fee equal to 2% (or the maximum legal rate, if less) of the total invoice amount, per week until paid in full, and (b) Orbridge may, at any time and with or without notice, cancel your reservation in its sole and absolute discretion. All payments we receive from you are herein defined as “Payments”.
Cancellations and Refunds. All cancellations must be submitted to Orbridge in writing and will be subject to a cancellation fee (“Cancellation Fee”) as follows: (a) if the cancellation notice is received by Orbridge 151 or more days prior to the scheduled departure date, the cancellation fee will be $500 per person per program and $300 per person per program for any extension; (b) if the cancellation notice is received by Orbridge between 150 and 91 days prior to the scheduled departure date the cancellation fee will be forfeiture of the full deposit per person per program including any extension; (c) if the cancellation notice is received by Orbridge 90 or fewer days prior to the scheduled departure date, the cancellation fee will be the full program price. In addition to and not in lieu of the foregoing, a Cancellation Fee equal to 100% of the carrier charge applies to all non-refundable airfares due to your cancellation made at any time prior to the scheduled program departure date, as applicable. Refunds, if any, of any Payments in excess of the aggregate Cancellation Fee shall be processed within 30 calendar days of our receipt of your written notice.
Travel Insurance: Orbridge strongly recommends that you purchase travel and cancellation insurance to protect your interests in the event unexpected or unforeseen circumstances cause the cancellation of your trip. In addition, we recommend that you consider obtaining a policy(ies) that will cover some or all of your losses associated with damage or loss of luggage or personal effects. If you do not have, but are interested in, travel and cancellation insurance please contact us immediately.
Cancelled Programs. Orbridge reserves the right to cancel any program prior to the scheduled departure date for any reason whatsoever, including without limitation, insufficient participation or logistical problems that, in our sole reasonable judgment, may impede program operations. In the event of program cancellation by Orbridge for any reason whatsoever other than a force majeure event, your sole and exclusive remedy shall be the refund by Orbridge of all Payments received by Orbridge as of the date of cancellation, and the payment thereof shall release Orbridge from any and all other or further liability in any way related to such cancellation. Orbridge makes substantial payments to its suppliers (hotels, transportation companies, etc) far in advance of the scheduled program departure date. Accordingly, if a program is cancelled due to a force majeure event (e.g. acts of God, war, labor strikes, earthquake, flooding, etc.), Orbridge will undertake commercially reasonable efforts to promptly refund the portion of any Payments not already advanced to suppliers. In addition, Orbridge will use commercially reasonable efforts to recover and refund to you the balance of your Payments, less the costs, if any, of such recovery, as promptly as possible. However, (a) Orbridge does not guarantee recovery of any portion of advance payments made to suppliers, and (b) commercially reasonable recovery efforts under this Section shall not include or require, and shall be fully satisfied and performed exclusive of, the institution of any legal proceedings by or on behalf of Orbridge in any forum, venue or jurisdiction whatsoever. Orbridge is not responsible for, and you hereby release and forever discharge Orbridge from, any expense or cost incurred by you in preparing for or arising or resulting from a cancelled program, including without limitation, the cost of non-refundable airfare, other transportation, lodging and meal expense, visa fees, medical expenses, equipment and clothing purchases, and the cost of any additional or alternative arrangements you elect or are required to incur or make as a result of a cancelled program.
Itineraries. Accommodations and arranged excursions are subject to change or substitution at any time due to unforeseen circumstances or circumstances beyond Orbridge’s control. Every reasonable effort will be made to operate programs as planned, but adjustments, substitutions and changes may occur after the ﬁnal itinerary has been issued. Orbridge may, in its sole discretion, withdraw a program or any part of it, make such alterations or substitutions to the itinerary or program inclusions as it deems necessary or desirable, and pass on to program participants any expenditures, additional costs or losses caused by any such adjustments, or by delays or events beyond its reasonable control. In addition, Orbridge may, in its sole discretion, withdraw or modify a program if required by the tour operator or other vendor with whom Orbridge has contracted or by applicable governmental authority.
Not Included. Unless otherwise specifically noted in the itinerary, program prices do not include the following expenses, which if applicable are your sole responsibility to pay and satisfy: trip cancellation insurance and passenger travel protection plan; domestic, international, and internal airfares; transfers and luggage handling fees except in connection with scheduled group flights; costs associated with obtaining passports or entry visas; airport departure taxes; airline ticketing fees; airport transfers when arriving/departing on other than scheduled group dates; excess baggage charges; any new value added taxes or GST taxes added to program costs by applicable governmental authority; gratuities to drivers, guides, or ship’s crew not specified; meals and beverages other than those speciﬁed as being included in the itinerary; sightseeing not included in the itinerary; personal expenses such as laundry, communication charges and optional activities (which are subject to availability); and ship, air, or transportation fuel surcharges, if applicable.
Health and Fitness to Travel. Some programs include physically active elements. To enjoy the program as intended, a minimum level of ﬁtness is required. Accordingly, you must be in good physical and mental condition to participate. You represent and warrant to Orbridge that you have no physical, mental or other condition, impairment or disability that may or will cause or create a risk of injury or other hazard to yourself or others in respect to any aspect of the program you have selected. Orbridge may, in its sole discretion, limit, restrict or prohibit from participation in any aspect of any program any individual that it considers in its sole discretion to be impaired or unsuitable due to ﬁtness level. In addition, Orbridge may, in its sole discretion and at the participant’s sole expense, remove from the program, or restrict the program-related activities of, any individual whose physical or mental condition may or is likely to cause a hazard to himself/herself or others, or otherwise impair the enjoyment of other program participants. Any physical condition requiring special attention, diet, or treatment must be reported in writing to Orbridge at the time a program reservation is made. Should you have any questions or need any clarification about a specific program, please ask for details at the time of registration. Notwithstanding the foregoing, you hereby acknowledge and agree that nothing in this Section creates any obligation or duty on the part of Orbridge to monitor, to make any decision or determination or to take any action in respect to any program participant on account of such individual’s mental or physical condition, health or otherwise.
Travel Advisories and Warnings. It is the sole responsibility of each guest to stay informed about the most current international travel advisories and warnings by visiting the U. S. State Department’s travel website at http://www.travel.state.gov or by contacting the U.S. State Department directly. In the event of an active State Department Travel Warning (“Warning”) against travel to a program’s speciﬁc destination location(s) and you elect to travel to the location(s) notwithstanding such Warning, you hereby agree, individually and on behalf of your marital community, heirs, estates, personal representatives, executors and assigns, to assume, and to defend, indemnify and hold Orbridge harmless from and against, all actual or potential personal injuries, death, property damage and other loss or casualty arising from or related to events that are the same or similar to those specified in the Warning.
Children. Orbridge welcomes the participation of children in its programs. However, in the event you do include your children or other minors for whom you serve as legal guardian (together, “Dependents”) in your travel plans, you hereby acknowledge and agree that you are and shall be at all times solely responsible for their care, actions, safety and protection during the program and any extension(s). Should you have any questions whether a particular program or inclusion is suitable for your Dependent(s), please contact us and we will do our best to provide you with answers.
Baggage. Program rates include the price of two (2) pieces of policy-compliant baggage per person during the land or cruise portion of the program only unless specified in the itinerary. Please be advised that air carriers often impose restrictions or limitations on the number of pieces, size and weight of luggage and may reject or impose additional fees on luggage exceeding such limitations or restrictions. All such fees are your sole cost and responsibility. In addition and regardless of location or transportation modality, your baggage and personal effects are and shall at all times be at your sole responsibility and risk throughout the entire program. Please check with your international carrier for other baggage restrictions and limitations applicable to international ﬂights.
Travel Documents. For U.S. citizens, valid passports are required for travel to foreign destinations and some countries require specific visas prior to entry. Please direct any questions in respect to visa requirements to Orbridge, which shall use commercially reasonable efforts to provide answers as a courtesy, provided that it shall remain your sole responsibility and obligation to obtain and verify that you have all required travel documents, including visas, for your nationality necessary and appropriate for the program location(s) and sufficient blank pages in your passport for visas and immigration stamps. Orbridge is not liable, and expressly disclaims all such liability, for any expenses or costs you may incur due to your prohibition or restriction from entering a country on the program itinerary or reentering the United States at the conclusion of the program.
Photos and Videos. Orbridge, its representatives and/or tour operators may, from time to time, make photographic or video recording(s) during a program, which may include images of you and/or your Dependent(s) (if any). For and in consideration of the benefits you enjoy and receive in connection with the program, you, individually and on behalf your Dependent(s), hereby agree and grant to Orbridge a limited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free right, license and release, with right to sublicense, to exhibit, publish, display, and promote the photographs, images, visual depictions, and reproductions of you (together “Photos”) recorded in digital or other format during the program for use by Orbridge for the limited purpose of promoting and marketing the services of Orbridge in such manner as Orbridge may elect in its sole discretion. Without limiting the generality of the foregoing, the license granted herein includes the right, without limitation, for Orbridge to reproduce the Photos in digital or other form, to edit such materials, and to publically display, publish and/or distribute such reproductions on Orbridge’s proprietary website and in such other digital media and print materials as Orbridge may elect.
Arbitration. Any controversy or claim arising out of or relating to any services or products offered or obtained through Orbridge, including without limitation, any claim related to bodily injury, death or property damage, shall be adjudicated and conclusively settled and resolved by binding arbitration in Seattle, Washington before a single arbitrator reasonably knowledgeable in travel services matters selected by Orbridge in its sole reasonable discretion in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy.
Limitation of Liability. NONE OF (A) ORBRIDGE, (B) THE SPONSORING ENTITIES FOR WHOM ORBRIDGE DESIGNS PROGRAMS, OR (C) ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “ORBRIDGE GROUP”) OWN OR OPERATE ANY ENTITY THAT DOES OR WILL PROVIDE GOODS OR SERVICES FOR OR IN CONNECTION WITH YOUR PROGRAM. ORBRIDGE PURCHASES, WITHOUT LIMITATION, TRANSPORTATION, HOTEL AND OTHER LODGING ACCOMMODATIONS, FOOD, GROUND HANDLING AND OTHER SERVICES (TOGETHER “VENDOR SERVICES”) FROM VARIOUS THIRD-PARTY SUPPLIERS (“VENDORS”), ALL OF WHOM ARE INDEPENDENT CONTRACTORS AND OVER WHOM THE ORBRIDGE GROUP HAS NO RIGHT OF CONTROL OR AUTHORITY. THE VENDOR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY THE ORBRIDGE GROUP. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE ORBRIDGE GROUP MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ORBRIDGE GROUP SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY VENDOR OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DAMAGE, DEATH, LOSS OR INJURY TO PERSON OR PROPERTY CAUSED, IN WHOLE OR IN PART, BY ANY VENDOR OR OTHER THIRD PARTY, NOR THE STANDARD OF CARE YOU RECEIVE IN CONNECTION WITH THE VENDOR SERVICES. IN NO EVENT SHALL THE ORBRIDGE GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF WAGES, SAVINGS OR CONSORTIUM, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE ORBRIDGE GROUP HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE ORBRIDGE GROUP’S MAXIMUM AGGREGATE LIABILITY, WHETHER ARISING IN TORT, EQUITY, LAW OR CONTRACT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO ORBRIDGE IN CONNECTION WITH THE PROGRAM AT ISSUE. The limitations set forth in this Section shall not apply where prohibited by law, but instead shall be interpreted to give effect and enforced to the maximum allowable extent.
Force Majeure. In addition and without limitation, the Orbridge Group shall not be liable for any injury, loss, death, inconvenience, delay or damage to personal property in connection with or resulting from acts of God, illness, disease, acts of war, riot, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft, vessels or other means of transportation or for failure of timely arrival or departure.
Other. Dates, program details and costs, although given in good faith and based on tariffs, exchange rates and other information current at the time of printing, are subject to change at any time. While we do not anticipate material revisions of the itinerary or its included features, we do reserve the right to substitute accommodations or modes of transportation and to make any changes in the itinerary Orbridge, in its sole discretion, deems necessary and in that case any additional expense or cost will be paid by the individual guest. Your baggage and personal effects are your sole responsibility at all times. There are many inherent risks in travel, which can lead to illness, injury, or even death. These risks are increased by the fact that some of our programs take place in remote locations, far from medical facilities. You acknowledge and agree to assume all such risks associated with participating in this program.
Acceptance of Contract. ANY PAYMENT TO ORBRIDGE, INCLUDING BUT NOT LIMITED TO DEPOSITS, CONSTITUTES YOUR ACKNOWLEDGEMENT OF AND AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND IN MORE SPECIFIC TOUR DOCUMENTS.
7. Intellectual Property
a. Site Materials: Orbridge or its licensors (or other designated third parties) own all right, title and interest in the Site Materials, which are protected by United States copyright law and other intellectual property laws.
b. Software: Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you by Orbridge on a non-exclusive and limited basis for personal use only in connection with booking or possible booking trips offered through Orbridge. Orbridge shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
c. Trademarks: Orbridge is a trademark or registered trademark of Orbridge LLC. You may not use Orbridge or any mark including Orbridge or anything confusingly similar without Orbridge’s prior written permission. All other product and company names mentioned in this Site are or may be the trademarks of their respective owners.
d. Restrictions on Use: Except as permitted in the Site Terms, none of the Site Materials, Software or other intellectual property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Orbridge or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using the copied materials for informational and non-commercial, personal use only in connection with booking or possibly booking trips through Orbridge.
a. Links to the Site: You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray Orbridge or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Orbridge trademark, logo or other proprietary information, including the images found at this Site or any other Site Materials, without the express written consent of Orbridge. All other linking is prohibited without prior consent from Orbridge.
b. Third Party Links: The Site may contain links to third party web sites. These links to other web sites are provided as a courtesy. These linked web sites are not under the control of or affiliated with Orbridge, and Orbridge is not responsible for the availability, content or accuracy of any other web sites or any links contained at those sites, and the inclusion of any link does not represent or imply Orbridge’s endorsement of the linked site.
a. Your Information: If you register on the Site, you agree that any information you provide to us will be current, accurate and complete.
b. Submissions: You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Orbridge, or postings on this Site ("Submissions") are non-confidential (except that certain personal information will be subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
c. Restrictions for Submissions: By using the Site, you agree not to do any of the following:
Upload or post to, distribute or otherwise publish through this Site any message, information, text or other material (collectively, "User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any User Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
Upload or transmit any User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Upload to, distribute or otherwise publish through this Site any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or
Disseminate or upload any harmful User Content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
d. Policies and Enforcement: All access to and use of this Site is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and User Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails, photographs or other communications. We may disclose such information to any third party, including law enforcement agencies, to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Orbridge has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Orbridge believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. Orbridge takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that may be contained in User Content.
e. Responsibility for Your Conduct: You remain solely liable for any User Content you upload, post or transmit to the discussion forums or interactive areas of this Site.
10. Children: This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.
11. Disclaimer: THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ORBRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS AVAILABLE ON THIS SITE. ORBRIDGE DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ORBRIDGE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL SITE MATERIALS, USER CONTENT, SOFTWARE AND OTHER DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Orbridge.
12. Limitation of Liability: IN NO EVENT SHALL ANY MEMBER OF THE ORBRIDGE GROUP BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR SOFTWARE CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ORBRIDGE GROUP (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE AMOUNT YOU ACTUALLY PAID ORBRIDGE FOR THE TRIP OR TOUR OUT OF WHICH THE CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification: You agree to indemnify and hold harmless the Orbridge Group from and against any claim, action, demand, loss, or damages (including attorneys' fees) arising out of or relating to your (or others using your login information) breach or violation of any provision of these Site Terms or any other agreement you may have with Orbridge.
14. Arbitration: Any controversy or claim arising out of or relating to this Site, the Site Terms, the User Content, or any services or products offered or obtained through this Site, including without limitation any claim related to bodily injury, death or property damage, shall be settled by binding arbitration in Seattle, Washington in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The decision of the arbitrator(s) shall be final and binding. This agreement to arbitrate does not waive or modify the waiver or the liability release contained in these Site Terms.
15. Applicable Law, Venue and Limitation of Actions: These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and entirely to be performed within Washington, without reference to its conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be settled by arbitration only Seattle, Washington as described in Section 14, and you hereby irrevocably and unconditionally consent and submit to such exclusive jurisdiction and venue.
16. Consent to Email Communication: When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site.
17. Legal Equivalency: This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
18. Severability: If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Waivers: No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
20. Contact Information: If you are experience difficulties in using the Site, please contact us:
1. By phone at 206-855-6929,
3. In writing at Customer Service, Orbridge LLC, PO Box 10339, Bainbridge Island, WA 98110
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