Date of Last Revision: April 30th 2016
Welcome to We Are Explorers!
2. User Responsibilities
2.2 Third-Party Content. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties (“Third-Party Content”), either at the Site or through links to third-party websites. We Are Explorers does not control, and is not responsible or liable for, Third-Party Content posted on, transmitted through or linked from the Services. Such Third-Party Content is the sole responsibility of the person from whom such Third-Party Content originated. You understand that by using the Services, you may be exposed to Third-Party Content that is incomplete, offensive, indecent, inaccurate, misleading, unlawful or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.
2.3 Identity Verification. You acknowledge that We Are Explorers does not pre-screen users or approve Third-Party Content and makes no attempt to confirm, and does not confirm, any user’s purported identity. We do not investigate any user’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, whether as Customers or Guides, or any Adventure listed on the Site. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users. We Are Explorers encourages you to communicate directly with potential transaction partners through the tools available on the Site and to review your Guides’ profile pages for feedback from other users. You may also wish to consider using a third-party service that provides additional user verification.
2.4 Release. To the extent permitted under applicable laws, you hereby release We Are Explorers from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any Guide or Customer; (c) any injury, loss or damage caused by another user, an Adventure, or Content posted on the Services, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services’ users’ communications.
2.5 Guiding an Adventure. As a Guide, you will define the conditions of, and may supply the content and images to describe and illustrate, your Adventure and its terms, by completing and submitting, or authorizing an agent to complete and submit, a request to us. Submission of a request does not obligate We Are Explorers to accept the request or any of its contents nor to promote the Adventure, and is not binding on We Are Explorers. You are responsible and liable for all Adventure content and terms, and for our or any Customer’s use or reliance on any of the foregoing. If we accept your request, we may promote the Adventure using any method and through any medium that we deem appropriate in our sole discretion, including through e-mail, mobile applications and any other type of electronic interface or distribution channel owned, affiliated, controlled or operated by or through We Are Explorers. We further reserve the right, but have no obligation, to promote the Adventure through our affiliates and third party business partners from time to time. We Are Explorers will promote your Adventure to We Are Explorers customers and potential customers based on geographic or other geolocation data, but will determine the customers and potential customers to whom your Adventure is actually promoted and made available, if any, in its sole discretion. Guides are entirely responsible for the Adventure and any interaction with Customers. As a Guide, you agree to: (a) specify all generally applicable policies (e.g., cancellation policies that apply to all Customers), restrictions and contractual arrangements (e.g., liability waivers required for all customers) applicable to the Adventure prior to offering the Adventure (“Rules”), and We Are Explorers will have no liability for the nature of your Rules or your failure to specify appropriate Rules; (b) provide the Adventure without imposing restrictions or policies not listed in the Rules; (c) not accept gratuity or require additional payments in order to deliver promised Adventure; (d) comply with all local laws and regulations in offering and providing your Adventure (especially regarding safety and licensing requirements, food preparation, etc.); or (e) not solicit users to participate in an Adventure off the platform or otherwise circumvent any fees that are paid or would be payable to We Are Explorers. You agree that unless you obtain the consent of any Customer, you will use the personal information of the Customer provided to you by We Are Explorers only to communicate with the Customer about We Are Explorers, and for no other purpose.
2.6 Buying and Using an Adventure. As a Customer purchasing and/or using an Adventure, you agree to: (a) comply with all local laws including participating in age-restricted events (e.g., be over 21 to buy an Adventure with alcohol); (b) comply with the terms and conditions submitted on the Adventure, including any Rules, without modification and without imposing any restrictions or additional charges or penalties that are not expressly stated in the Adventure; (c) not solicit Guides or other Customers for any commercial, religious or other reasons; (d) not publish, discuss, or otherwise share the private addresses of Adventures with non-guests of that Adventure; and (e) arrive on time and at the stated location for redemption of the purchased Adventure (no reschedules or credits will be offered). Customer agrees and acknowledges that a Guide may refuse to provide an Adventure for violation of the Rules without refund, or for any or no reason upon refunding the amount paid.
2.7 Relationship between Customers and Guides. If you are a Customer, you provide to each Guide the covenants provided to We Are Explorers in Sections 2.6 and 4.2, and agree to be bound by all Adventures that occur based upon false or inaccurate information, even if the false or inaccurate information was provided accidentally. If you are a Guide, you provide to each Customer the covenants provided to We Are Explorers in Sections 2.5, 4.2 and 9.2, and agree to be bound by all Adventures that occur based upon false or inaccurate information, even if the false or inaccurate information was provided accidentally.
2.8 Recordings. We Are Explorers may photograph and/or record Customers engaging in an Adventure, and any such image, recording or video (collectively “Recording”) will be owned exclusively by We Are Explorers. You agree that to the extent that your name, likeness, biography and / or voice appears in any such Recording, you grant to We Are Explorers an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the Site and Services.
3. Eligibility for Use
3.1 Age. The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
3.3 Legal Compliance. You represent and warrant that you comply with all applicable domestic and international laws, statutes, ordinances and regulations, including without limitation any laws or regulations requiring licenses such as sightseeing guide licenses, and will use the Services in a manner consistent with all such applicable laws, statutes, ordinances and regulations.
3.4 Right to Refuse Access. We Are Explorers may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
4. User Conduct
4.1 Rules and Restrictions. You are solely responsible for your conduct and activities on and involving the Services and any and all content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links (“Content”), that you submit, post and display on the Site or otherwise make available through the Services. In connection with your use of the Services, you must act responsibly and exercise good judgment. You agree to provide and maintain true, accurate, current and complete information about yourself or your Guide. Without limiting the foregoing, you will not use the Services to:
(a) post or otherwise transmit any Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in the sole judgment of We Are Explorers, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose We Are Explorers or its users to any harm or liability of any type;
(b) violate any applicable local, state, national, international or other law or regulation, or any order of a court, including as it concerns online conduct and acceptable content;
(c) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(d) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(e) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(f) interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(g) use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(h) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(i) “stalk” or harass any other user of the Services or collect or store any information about any other user other than for purposes of transacting as a Guide and Customer with one another;
(j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
(k) register for more than one user account or register for a user account on behalf of an individual other than yourself except as set forth in Section 3.2;
(l) transfer or sell your account and/or username to another party;
(m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(n) use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
(o) use the Services to find a Guide or Customer and then complete the transaction offline in order to circumvent your obligation to pay for the Services;
(p) submit any Adventure with a false or misleading price, or submit any listing with a price that you do not intend to honor, or take any other action that may undermine the feedback or ratings systems;
(q) provide a link to any other website;
(r) use, reproduce, duplicate, copy, sell, resell or exploit: (i) any portion of the Site or Services; (ii) your use of the Site or Services, or (iii) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you; or
(s) advocate, encourage, or assist any third party in doing any of the foregoing.
4.3 Listing Conditions. By listing an Adventure on the Site, you (a) warrant that you and all aspects of the Adventure comply with We Are Explorers published policies and all applicable laws, (b) assume full responsibility for the content of the Adventure offered, (c) understand that it is publicly available to be viewed and booked by any individual and (d) acknowledge and agree that the price and time you specify for that listing will constitute an essential part of a binding agreement between you and the Customer and agree to honor all registrations through the Site at the price and time listed.
5. Right to Cancel Account or Delete Content
5.1 Our Right to Cancel Accounts. We Are Explorers may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice and at any time: (a) terminate your access to the Services, (b) deactivate or delete any of your accounts and all related Content and Adventures, (c) bar your access to any of such Content or (d) refuse, edit or delete any Content that you post or submit to the Site or through the Services.
5.2 Storage of Content. You acknowledge that We Are Explorers may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that Content will be retained by the Services and the maximum storage space that will be allotted on We Are Explorers servers on your behalf. You agree that We Are Explorershas no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You further acknowledge that We Are Explorers reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
6. Payment; Fees
6.1 Fee Structure. In exchange for providing the Services, We Are Explorers keeps a portion of the Guide’s price of each Adventure. As a Customer, you agree to pay the amount posted by the Guide from whom you have chosen to purchase an Adventure. As a Guide, posting a listing is free, but you agree to pay We Are Explorers our then-current service charge for each purchase made by a Customer. Changes to the Fees Policy and the fees for We Are Explorers’s services are effective after We Are Explorers provides you notice by posting the changes on the Site. However, We Are Explorers may choose to temporarily change the Fees Policy and the fees for We Are Explorers services for promotional events of Adventures not then offered; such changes are effective when We Are Explorers posts the temporary promotional event on the Site. Each Customer will be solely responsible for any payments due to Guide, and Guide will be solely responsible for providing the Adventure to the Customer. Under no circumstances will We Are Explorers be liable to a Guide for payment for any Adventures ordered by a Customer or liable to a Customer to provide any Adventures. Please remember that listing an Adventure as a Guide does not mean that a Customer will contact you or that you will have the opportunity to provide your services for an Adventure.
6.3 Guide Fee Terms. If you are a Guide, We Are Explorers will endeavor to remit Revenue (defined below) to you, less We Are Explorers’s applicable fees (as described on the Site and in the Services), within 10 days of the date of commencement of the Adventure. For purposes hereof, “Revenue” will mean gross revenue actually received by We Are Explorers from its sale of Adventures hereunder, less taxes, refunds, returns, chargebacks and bad debt. All Revenue will be paid to the Guide in accordance with the payment information provided by the Guide to We Are Explorers through the Services, and the Guide is solely responsible for ensuring such information remains accurate and up to date. If the Guide disputes any payments, the Guide must inform We Are Explorers within sixty (60) days after the date that We Are Explorers pays the Guide. If the Guide fails to dispute any payment within the sixty (60) day period, the earlier determinations of We Are Explorers will be deemed irrefutable.
6.4 Refunds and Cancellations. The Refund and Cancellation Policy is hereby incorporated by reference.
6.5 Donations. Some Guides may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Guide does in fact make the donation they pledged to make.
6.6 Taxes. You will be responsible for paying any and all taxes applicable to any purchases or sales of Adventures you make on the Site (excluding any taxes on We Are Explorers’s net income).
8. Password and Account Security
8.1 Responsibility to Maintain Confidentiality. You are solely responsible for maintaining the confidentiality of your password(s) associated with any account you use to access the Services. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.
8.2 Notification of Unauthorized Use. You agree to (a) immediately notify We Are Explorers at [email protected] of any unauthorized use of your username, password or account or any other breach of security, and (b) ensure that you log off and exit from your account at the end of each session when accessing the Services.
8.3 No Liability. We Are Explorers will not be liable for any loss or damage arising from your failure to comply with this Section 8.
9. Intellectual Property
9.2 Personal Information. As part of a transaction, you may obtain personal information, including email address, mailing address and phone number information, from another user. Without obtaining prior permission from the other user, this personal information will only be used for that transaction or for We Are Explorers-related communications. We Are Explorers has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any We Are Explorers user to your email or physical mail list.
9.3 Re-posting Content. If you choose to display your own We Are Explorers-Hosted image on another website, the image must provide a link back to its listing page on We Are Explorers.
9.5 Use of Our Intellectual Property. You may not systematically retrieve data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of the Site in a frame (or any content from the Site through in-line links) without our prior written consent, which may be requested by contacting us. You may, however, establish ordinary links to the homepage of the Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code.
10. Right to Modify or Discontinue Services
We Are Explorers may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
11. Disclaimer of Warranties
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU ACKNOWLEDGE AND AGREE THAT WE ARE EXPLORERS DOES NOT CHECK, VERIFY OR GUARANTEE ANY CUSTOMER, GUIDE, OR OTHER USER’S BACKGROUND OR RECORD.
11.2 IN PARTICULAR, WE ARE EXPLORERS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOU EXPECTATIONS; OR
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE OR ERRORS IN ANY DATA PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.4 WE ARE EXPLORERS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Limitation of Liability
12.1 SUBJECT TO SECTION 11.5, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE EXPLORERS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES WILL NOT BE LIABLE TO YOU FOR:
(A) ANY INDIRECT, GENERAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSSES, BODILY INJURY, EMOTIONAL DISTRESS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE;
(B) ANY LOSSES OR DAMAGES WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSSES OR DAMAGES AS A RESULT OF OR ARISING FROM:
(I) THE USE OR INABILITY TO USE THE SERVICES;
(II) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY. RELIABILITY OR EXISTENCE OF ANY LISTINGS;
(III) ANY ADVENTURE, INTERACTION, COMMUNICATION, RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICES IN CONNECTION WITH THE SERVICES;
(IV) STATEMENTS, CONDUCT OR OMISSIONS OF YOU, ANY CUSTOMER, GUIDE OR OTHER THIRD PARTY ON OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE;
(V) HARM TO YOU CAUSED IN WHOLE OR IN PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES;
(VI) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SERVICES;
(VII) ANY CHANGES WHICH WE ARE EXPLORERS MAY MAKE TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(VIII) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IX) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; OR
(X) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
12.2 SUBJECT TO SECTION 11.5, IN NO EVENT WILL WE ARE EXPLORERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID WE ARE EXPLORERS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) TEN DOLLARS ($10.00).
12.3 THE LIMITATIONS ON THE WE ARE EXPLORERS’ LIABILITY TO YOU IN THIS SECTION 12 WILL APPLY WHETHER OR NOT WE ARE EXPLORERS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. No Agency
15. Copyright Infringement
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send your complaint to us with the following information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the Site or Services;
· Your address, telephone number, and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. Electronic Communications.
17. General Terms
18. Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause
· You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
· You and We Are Explorers must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration will be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and We Are Explorers, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR WE ARE EXPLORERS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, We Are Explorers will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) We Are Explorers also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator will honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or We are Explorers will be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/We Are Explorers customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
· With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor We Are Explorers will be entitled to arbitration.
20. Reporting Misconduct
If you use the service of a Guide or provide a service to any Customer who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to We Are Explorers by contacting us with your police station and report number at [email protected]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
21. Feedback; Questions
A Note For Users Outside of Australia. Your Personal Information may be processed in the country in which it was collected and in other countries, including the Australia, where laws regarding processing of Personal Information may not be as robust as the laws in your country.
In accordance with the Children’s Online Privacy Protection Act, we do not collect or maintain Personal Information directly from people we actually know are under 13 years of age. Parents or other adults may provide us information about children under the age of 13 who will participate in a We Are Explorers and we will protect that information in the same way that we protect your Personal Information. If we learn that a child under the age of 13 provided us his or her Personal Information, we will take steps to remove that the child’s Personal Information from our databases and to prevent the child from utilizing the Site and the Services.
Information Collected and How it is Used
We may use your Personal Information to:
· Administer your account and provide you with Services and customer support;
· Tailor the features, content, performance and support of the Site or Services to you;
· Both on and off the Site, market our products and services (and those of third parties) to you that we believe may be of interest.
· Respond to your requests, resolve disputes and/or troubleshoot problems;
· Improve the quality of the Site and the Services; and
· Communicate with you about the Site and the Services.
We may also use your Personal Information to create aggregate or non-personally identifiable information by excluding information that makes the information personally identifiable to you.
Non-Personally Identifiable or Aggregated Data. When you interact with We Are Explorers through the Services, We Are Explorers automatically receives and records certain non-personally identifiable information, including your IP address, browser type, access times and the pages you request. We Are Explorers may use such information to track, for example, the total number of visitors to the Site, the number of visitors to each page of the Site, the domain names of our visitors’ Internet service providers and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve the users of the Services, We Are Explorers often conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We Are Explorers may share this non-personally identifiable data in its discretion, including with its affiliates, agents and business partners, but this type of non-personally identifiable information will not identify you personally. We Are Explorers may also disclose anonymized user statistics in order to describe the Services to current and prospective business partners and to other third parties for other lawful purposes. We may also use your non-personally identifiable information to improve our internal operations and customize the content and layout of the Site and/or Services.
We Are Explorers may send you a welcome/confirmation email when you sign up for the Services. We Are Explorers may use Personal Information to contact you to promote Services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future promotional communications. We may also send you service-related communications, which are not promotional in nature. For example an email message confirming your We Are Explorers or message saying your We Are Explorers has been cancelled. You may not opt-out of these service-related communications.
Our Use of Social Networking Services
We have created interfaces that allow you to connect with social networking services such as Facebook and Twitter (“SNS”) through our Site and Services. We work with the SNS’s application protocol interface (better known as their developer API) in a way that allows you to authorize us to access your account on that SNS on your behalf. In order to provide this authorization, you do not provide us with your user name or password to the SNS, but you will need to log-in to that SNS directly through our Site. Once authorized by you, the SNS provides us a token that allows the SNS to recognize us when we ask, on your behalf, for access to your account information or to post information. For example, when you click “Connect” to grant We Are Explorers access to your Facebook account, we will import your name and other information from Facebook. Similarly, when you click “Like”, we will post the applicable information to your Facebook account. You can revoke our access to any SNS at any time by amending the appropriate settings from within your account settings on the applicable SNS.
As a Guide, other users may provide personally identifiable information about you and your Adventure, but we will not consider it to be your Personal Information. We do not control this information and you may not be able to access, modify or request the deletion of such information as long as you remain a Guide.
Restriction on Users’ Use of Personal Information
As part of a transaction, you may obtain Personal Information, including email address, mailing address and phone number information, from another user. Without obtaining prior permission from the other user, this Personal Information shall only be used for that transaction or for We Are Explorers-related communications. We Are Explorers has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any We Are Explorers user to your email or physical mail list.
Disclosure of Your Personal Information to Third Parties
In certain circumstances, we may share your Personal Information with certain third parties without further notice to you, as set forth below:
Other Users. As part of a transaction, we may disclose to other users (e.g., Guides or other participants in any We Are Explorers in which you participate) or other users may otherwise obtain your Personal Information, including email address, mailing address and phone number information. You agree that although we contractually limit how such user may use your Personal Information, we cannot control such use. We will not be liable for any use of your Personal Information to other users, including Guides. WE ARE EXPLORERS DOES NOT EVALUATE ANY GUIDE’S PRIVACY PRACTICES AND WE WILL NOT HAVE ANY LIABILITY FOR ANY ACTIONS OF ANY GUIDE.
Agents, Consultants and Related Third Parties. We Are Explorers sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Editing and Deleting Account Information
The security of your Personal Information is important to us. We Are Explorers takes reasonable steps to protect the Personal Information submitted to us via the Site, both during transmission and once We Are Explorers receives it. We Are Explorers uses reasonable efforts to limit access to Personal Information about you to employees who We Are Explorers believes reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Personal information is password-protected. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, We Are Explorers cannot guarantee absolute security of your Personal Information and you should take special care in deciding what information you send to us in this way. If you have any questions about security on the Site, you can email We Are Explorers or message support via the Site.
Privacy Policies of Third Parties