TERMS OF USE

GENERALLY

AdventureXcursions (AX) respects your privacy. Please review our separate Privacy Policy, and Security Statement (See below). AX  reserves the right to monitor and investigate all uses of this app for violations of law and/or violations of these Terms and Conditions without notice to you.

LIMITED RIGHT TO ACCESS AND USE AX - TRANSACTIONS – TERMS, CONDITIONS, AND POLICIES

You may access and use AX only for the lawful commercial purposes intended by AX in providing the app. Any unauthorized access or use of any portion of this app, its content, data, computers or networks, or interference with any operation of the app, or interception of any communication from or to the app, or any attempt to do one or more of these or other unauthorized or unlawful acts — is strictly prohibited.

Registrants agreeing to these terms and conditions warrant that they are physically, intellectually, and fiscally capable to offer the services they are promoting. Registrants warrant that they are of good moral character, and have not violated any local, federal, or international laws that would otherwise prohibit their offerings of their particular services on the AX communication platform. Registrants further warrant that AX is not responsible to expressly review, approve, or accept registrants as fit to provide these services. Registrants acknowledge that it is the sole responsibility of registrants to conduct diligence regarding the service they seek to offer before offering their services on the AX communication platform.

HOW AX USES PERSONAL INFORMATION

  • AX products and services may be subject to purchase restrictions. Questions about restrictions should be directed to AX at info@AdventureXcursions.com
  • You agree that all information provided by you to AX will be accurate and truthful.
  • You agree that you will notify and keep AX up to date of any change to your personal information and if applicable, any change to your information that may affect your ability to conduct business with or purchase products from AX.
  • AX reserves the right to limit, suspend and/or terminate access and use of the AX app (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as AX may decide in its sole discretion.
  • AX reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time without notice and for no reason stated, as AX may decide in its sole discretion.
  • USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR ANY AND ALL USE OF THIS APP, ITS CONTENTS, PRODUCTS AND THIRD-PARTY SERVICES PROVIDED BY REGISTRANTS ON THE AX COMMUNICATION PLATFORM ARE AT YOUR OWN RISK – YOU, THE ACCOUNT HOLDER AGREE TO INDEMNIFY AX AGAINST ANY AND ALL POSSIBLE DAMAGE CLAIMS ARISING FROM YOUR PURCHASE OF SERVICES PROVIDED BY THIRD-PARTY ACCOUNT HOLDERS ON AX.
  • Account holders on AX are not employees of AX. Registrants use the AX communication platform to connect and communicate with other registrants and purchase services offered for sale by other registrants. Registrants acknowledge they are fully, and unilaterally responsible for examining, investigating, and questioning any and all warranties, promises, and claims made by other registrants.
  • AX does not command, or take part in the pricing registrants propose. Pricing is solely determined by registrants. AX is a communication platform.

CONSUMERS

Before you purchase any AX service, you acknowledge and agree that it is your sole responsibility to investigate and seek professional advice regarding the application, use, health, safety and/or effectiveness of any product of service for your particular circumstances. You acknowledge and agree that the use of any personal protective product (including but not limited to protective eyewear and/or gloves), involves UNFORESEEABLE RISKS AND UNCERTAINTIES, including without limitation, THE RISKS OF:

  • Bodily injury;
  • Loss of or damage to property, or death;
  • Other general and individual health risks, conditions and uncertainties.; to the maximum extent permitted by law, you agree to release, indemnify and hold harmless AX and its officers, directors, employees, representatives, affiliates and sponsors, and their successors and assigns, from any and all causes of action and consequences, liability, losses and/or damages (including but not limited to personal injury to you or others) arising from or related to the use (or misuse) of any products or services obtained by you, directly or indirectly, from your communications with registrants of AX, its affiliates, representatives, sponsors and/or suppliers.

DISCLAIMERS & WARRANTIES

Except as expressly set forth in writing by AX, this app, the contents of this app and all related products and services are provided “as is” without warranties of any kind, express or implied. AX expressly disclaims all implied representations and warranties of any kind with regard to the access and use of this app and all products, services and information made available through this app, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, quality, title and non-infringement.
AX further expressly disclaims all representations and warranties relating to product descriptions and components, recommendations of professionals, and product use, safety and/or effectiveness. Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. check your local laws.

Despite commercially reasonable efforts:

  • AX does not warrant that the access, use, function or operation of this App will be uninterrupted or error-free, that defects will not exist or be corrected, or that this App or its servers will be completely free of all viruses or other harmful elements.

TESTIMONIALS, ENDORSEMENTS, & COMMENTARY

IN ACCORDANCE WITH THE FTC GUIDELINES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, PLEASE TAKE NOTE OF THE FOLLOWING CIRCUMSTANCES: 
Testimonials appearing on this app are received via direct or email submission, entirely via a digital medium. They are individual experiences, reflecting real life experiences of those who have used AX products and/or services in some way or other. However, they are individual results and results do vary.

AX does not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use AX products and/or services. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened, meaning; not the whole message received by the testimony writer is displayed, when it seemed lengthy or the testimony in its entirety seemed irrelevant for the general public.

AX is not responsible for any of the opinions or comments posted to our app. AX is not a forum for testimonials; however, the app provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of AX. AX does not adopt the opinions, views or commentary of any testimonials on this app, and they are strictly the views of the reviewer.

TESTIMONIAL SUBMISSIONS: As a consumer/user of AX products and/or services, by submitting your testimonial you give AX and its licensees permission to reprint, reproduce or use the testimonial in connection with AX business, products and services. You also are agreeing to the following: (1) The reprinting, reproduction or use of the testimonial will be at AX’s discretion and without compensation; (2) AX may use the testimonial with or without any pseudo (pen) name credit; (3) AX and its licensee’s right to use the testimonial is in perpetuity and may be assigned by AX; (4) AX and its licensee’s may use the testimonial locally, nationally, or globally and such use may be made in any media, information or communication platform (including internet advertising) currently in use or later developed; and (5) You, and not someone else, composed, submitted and posted the testimonial as your sole and original work of authorship and no other person’s consent is required for AX and its licensees to exercise the permissions granted by you in this paragraph. By submitting your testimonial, you are agreeing to the terms and conditions as listed in this document, including but not limited to the provisions on Submissions set forth herein below.

LIMITATION OF LIABILITY - LIQUIDATED DAMAGES

To the maximum extent permitted by law, neither AX nor its officers, directors, employees, shareholders, representatives, affiliates, sponsors, vendors or any other party involved in providing this app, its content and products and services shall be liable for any damages or losses of any kind, including without limitation, direct, indirect, special, incidental, consequential, punitive or otherwise, arising out of or related to the access, use of (or inability to access or use) this web or mobile app or any product or service made available via this app by AX or its business affiliates.

AX assumes no liability and shall not be liable for any damages of any kind, including without limitation, loss of data, AX or profit, loss of or damage to property, personally injury, loss of consortium, and claims of third parties. in the event a court of competent jurisdiction should find and allocate liability for any reason, in no event shall AX total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, regardless of legal theory, exceed one hundred and fifty dollars ($150).

OWNERSHIP

APP AND CONTENT: This app and its contents belong exclusively to AX, its sponsors, business affiliates and their respective licensors. This app and its contents are protected by U.S. and International trademark and copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this app, in whole or in part, is strictly prohibited. You may copy limited content from this app for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.

TRADEMARKS: The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively “Trademarks”) displayed on this app belong to AX, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on this app shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.

SUBMISSIONS: Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to AX at this app, by e-mail, by phone, by written correspondence or otherwise (each a “Submission”) is non-confidential and becomes the sole and exclusive property of AX. AX is free to dispose, reproduce and/or use any submission without restriction, for any purpose whatsoever, including but not limited to developing, manufacturing, advertising, marketing and listing of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that AE use of the Submission (as submitted) will not violate any third party’s rights. AE is under no obligation to accept, respond to or use any Submission.

LINKING TO THIRD PARTY APPS AND PLATFORMS

As a matter of convenience to visitors, this app may contain links to other third party web apps (i.e., apps not owned or controlled by AX). No link to another web app shall imply any endorsement or sponsorship of the third party web app, its owner or operator, or any products or services. AX is not responsible for the content of or any links contained on any other web app. Your access and use of any other web app is entirely at your own risk. Under no circumstances will XA be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available.

LINKING TO THIS APP

AX does not generally object to links to the AE website, or mobile app from third party apps. However, absent an express written agreement to the contrary, all third party links to the home page of this app must be in accordance with the following terms and conditions. A third party link may only link to the home page of this app using the plain text version of AE name (“AE”) or the plain text version of the app name (“AE”).

No content from this app may be incorporated into the third party app by any means (e.g., by in-lining or framing); (b) No Trademark of AE may be used as any “metatag,” “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select web apps or pages. AX will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful apps, or any app that may adversely affect the name, reputation and goodwill of AX and its communication services, as AX shall determine in its sole discretion. AX reserves the right to cancel permission to link to this app at any time, for any reason, in its sole discretion.

GOVERNING LAW

These Terms and Conditions will be governed and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of this app or any product or service offerings in connection with this app will be brought only in a court of competent jurisdiction located in Miami-Dade County, Florida.

COMPLETE AGREEMENT (SEVERABILITY, AMENDMENTS, WAIVER, AND HEADINGS)

These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the app, in price lists, catalogs and in sales and advertising materials) represent the entire understanding between you and AX regarding the access and use of this app, its content and related products and services. Unless expressly agreed to in a signed writing by AE, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and AX respects your privacy. Please review our separate Privacy Policy, and Security Statement (See below). AX reserves the right to monitor and investigate all uses of this app for violations of law and/or violations of these Terms and Conditions without notice to you. or its representatives, affiliates, sponsors and vendors.

AE: Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.

AMENDMENTS: AX respects your privacy. Please review our separate Privacy Policy, and Security Statement (See below). AX reserves the right to monitor and investigate all uses of this app for violations of law and/or violations of these Terms and Conditions without notice to you. reserves the right to revise the content and information of this app, these Terms and Conditions, or any part thereof, without notice, by merely updating the app and this posting, respectively.

WAIVER: No term or condition may be waived by any party except in writing signed by the party to be bound.

HEADINGS: The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.

ELECTRONIC SIGNATURE AND CONSENT TO ELECTRONIC RECORDS

You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.

If you do not consent to the use of electronic records, do not proceed to access and use the app for any transaction or other activity which may require the completion or formation of an electronic record to confirm or carry out the transaction or activity.

WITHDRAWING CONSENT OR UPDATING ELECTRONIC RECORDS: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact us and consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this app that require the completion or formation of an electronic record.

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the app and printing from the app.

You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity .

GENERALLY

AX respects your privacy. Please review our separate Privacy Policy, and Security Statement (See below). AX reserves the right to monitor and investigate all uses of this app for violations of law and/or violations of these Terms and Conditions without notice to you.

LIMITED RIGHT TO ACCESS AND USE AX - TRANSACTIONS – TERMS, CONDITIONS, AND POLICIES

You may access and use AX only for the lawful commercial purposes intended by AX in providing the app. Any unauthorized access or use of any portion of this app, its content, data, computers or networks, or interference with any operation of the app, or interception of any communication from or to the app, or any attempt to do one or more of these or other unauthorized or unlawful acts — is strictly prohibited.

Registrants agreeing to these terms and conditions warrant that they are physically, intellectually, and fiscally capable to offer the services they are promoting. Registrants warrant that they are of good moral character, and have not violated any local, federal, or international laws that would otherwise prohibit their offerings of their particular services on the AX communication platform. Registrants further warrant that AX is not responsible to expressly review, approve, or accept registrants as fit to provide these services. Registrants acknowledge that it is the sole responsibility of registrants to conduct diligence regarding the service they seek to offer before offering their services on the AX communication platform.

HOW AX USES PERSONAL INFORMATION

  • AX products and services may be subject to purchase restrictions. Questions about restrictions should be directed to AX at info@adventurexcursions.com
  • You agree that all information provided by you to AX will be accurate and truthful.
  • You agree that you will notify and keep AX up to date of any change to your personal information and if applicable, any change to your information that may affect your ability to conduct business with or purchase products from AX.
  • AX reserves the right to limit, suspend and/or terminate access and use of the AX app (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as AX may decide in its sole discretion.
  • AX reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time without notice and for no reason stated, as AX may decide in its sole discretion.
  • USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR ANY AND ALL USE OF THIS APP, ITS CONTENTS, PRODUCTS AND THIRD-PARTY SERVICES PROVIDED BY REGISTRANTS ON THE AX COMMUNICATION PLATFORM ARE AT YOUR OWN RISK – YOU, THE ACCOUNT HOLDER AGREE TO INDEMNIFY AX AGAINST ANY AND ALL POSSIBLE DAMAGE CLAIMS ARISING FROM YOUR PURCHASE OF SERVICES PROVIDED BY THIRD-PARTY ACCOUNT HOLDERS ON AX.
  • Account holders on AX are not employees of AX. Registrants use the AX communication platform to connect and communicate with other registrants and purchase services offered for sale by other registrants. Registrants acknowledge they are fully, and unilaterally responsible for examining, investigating, and questioning any and all warranties, promises, and claims made by other registrants.
  • AX does not command, or take part in the pricing registrants propose. 

CONSUMERS

Before you purchase any AX service, you acknowledge and agree that it is your sole responsibility to investigate and seek professional advice regarding the application, use, health, safety and/or effectiveness of any product of service for your particular circumstances. You acknowledge and agree that the use of any personal protective product (including but not limited to protective eyewear and/or gloves), involves UNFORESEEABLE RISKS AND UNCERTAINTIES, including without limitation, THE RISKS OF:

  • Bodily injury;
  • Loss of or damage to property, or death;
  • Other general and individual health risks, conditions and uncertainties.; to the maximum extent permitted by law, you agree to release, indemnify and hold harmless AX and its officers, directors, employees, representatives, affiliates and sponsors, and their successors and assigns, from any and all causes of action and consequences, liability, losses and/or damages (including but not limited to personal injury to you or others) arising from or related to the use (or misuse) of any products or services obtained by you, directly or indirectly, from your communications with registrants of AX, its affiliates, representatives, sponsors and/or suppliers.

DISCLAIMERS & WARRANTIES

Except as expressly set forth in writing by AX, this app, the contents of this app and all related products and services are provided “as is” without warranties of any kind, express or implied. AX expressly disclaims all implied representations and warranties of any kind with regard to the access and use of this app and all products, services and information made available through this app, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, quality, title and non-infringement.
AX further expressly disclaims all representations and warranties relating to product descriptions and components, recommendations of professionals, and product use, safety and/or effectiveness. Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. check your local laws.

Despite commercially reasonable efforts:

  • AX does not warrant that the access, use, function or operation of this App will be uninterrupted or error-free, that defects will not exist or be corrected, or that this App or its servers will be completely free of all viruses or other harmful elements.

TESTIMONIALS, ENDORSEMENTS, & COMMENTARY

IN ACCORDANCE WITH THE FTC GUIDELINES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, PLEASE TAKE NOTE OF THE FOLLOWING CIRCUMSTANCES: 
Testimonials appearing on this app are received via direct or email submission, entirely via a digital medium. They are individual experiences, reflecting real life experiences of those who have used AX products and/or services in some way or other. However, they are individual results and results do vary.

AX does not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use AX products and/or services. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened, meaning; not the whole message received by the testimony writer is displayed, when it seemed lengthy or the testimony in its entirety seemed irrelevant for the general public.

AX is not responsible for any of the opinions or comments posted to our app. AX is not a forum for testimonials; however, the app provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of AX. AX does not adopt the opinions, views or commentary of any testimonials on this app, and they are strictly the views of the reviewer.

TESTIMONIAL SUBMISSIONS: As a consumer/user of AX products and/or services, by submitting your testimonial you give AX and its licensees permission to reprint, reproduce or use the testimonial in connection with AX’x business, products and services. You also are agreeing to the following: (1) The reprinting, reproduction or use of the testimonial will be at AX’S discretion and without compensation; (2) AX may use the testimonial with or without any pseudo (pen) name credit; (3) AX and its licensee’s right to use the testimonial is in perpetuity and may be assigned by AX; (4) AX and its licensee’s may use the testimonial locally, nationally, or globally and such use may be made in any media, information or communication platform (including internet advertising) currently in use or later developed; and (5) You, and not someone else, composed, submitted and posted the testimonial as your sole and original work of authorship and no other person’s consent is required for AX and its licensees to exercise the permissions granted by you in this paragraph. By submitting your testimonial, you are agreeing to the terms and conditions as listed in this document, including but not limited to the provisions on Submissions set forth herein below.

ELECTRONIC SIGNATURE AND CONSENT TO ELECTRONIC RECORDS

You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.

If you do not consent to the use of electronic records, do not proceed to access and use the app for any transaction or other activity which may require the completion or formation of an electronic record to confirm or carry out the transaction or activity.

WITHDRAWING CONSENT OR UPDATING ELECTRONIC RECORDS: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact us and consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this app that require the completion or formation of an electronic record.

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the app and printing from the app.

You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to ITHOS app.

LIMITATION OF LIABILITY - LIQUIDATED DAMAGES

To the maximum extent permitted by law, neither AX nor its officers, directors, employees, shareholders, representatives, affiliates, sponsors, vendors or any other party involved in providing this app, its content and products and services shall be liable for any damages or losses of any kind, including without limitation, direct, indirect, special, incidental, consequential, punitive or otherwise, arising out of or related to the access, use of (or inability to access or use) this web or mobile app or any product or service made available via this app by AX or its business affiliates.

AX assumes no liability and shall not be liable for any damages of any kind, including without limitation, loss of data, income or profit, loss of or damage to property, personally injury, loss of consortium, and claims of third parties. in the event a court of competent jurisdiction should find and allocate liability for any reason, in no event shall AX’S total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, regardless of legal theory, exceed one hundred and fifty dollars ($150).

OWNERSHIP

APP AND CONTENT: This app and its contents belong exclusively to AX, its sponsors, business affiliates and their respective licensors. This app and its contents are protected by U.S. and International trademark and copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this app, in whole or in part, is strictly prohibited. You may copy limited content from this app for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.

TRADEMARKS: The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively “Trademarks”) displayed on this app belong to AX, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on this app shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.

SUBMISSIONS: Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to AX at this app, by e-mail, by phone, by written correspondence or otherwise (each a “Submission”) is non-confidential and becomes the sole and exclusive property of AX. AX is free to dispose, reproduce and/or use any submission without restriction, for any purpose whatsoever, including but not limited to developing, manufacturing, advertising, marketing and listing of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that AX’S use of the Submission (as submitted) will not violate any third party’s rights. AX is under no obligation to accept, respond to or use any Submission.

LINKING TO THIRD PARTY APPS AND PLATFORMS

As a matter of convenience to visitors, this app may contain links to other third party web apps (i.e., apps not owned or controlled by AX). No link to another web app shall imply any endorsement or sponsorship of the third party web app, its owner or operator, or any products or services. AX is not responsible for the content of or any links contained on any other web app. Your access and use of any other web app is entirely at your own risk. Under no circumstances will AX be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available.

LINKING TO THIS APP

AX does not generally object to links to the AX website, or mobile app from third party apps. However, absent an express written agreement to the contrary, all third party links to the home page of this app must be in accordance with the following terms and conditions. A third party link may only link to the home page of this app using the plain text version of AX name (“AX”) or the plain text version of the app name (“AX”).

No content from this app may be incorporated into the third party app by any means (e.g., by in-lining or framing); (b) No Trademark of AX may be used as any “metatag,” “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select web apps or pages. AX will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful apps, or any app that may adversely affect the name, reputation and goodwill of AX and its communication services, as AX shall determine in its sole discretion. AX reserves the right to cancel permission to link to this app at any time, for any reason, in its sole discretion.

GOVERNING LAW

These Terms and Conditions will be governed and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of this app or any product or service offerings in connection with this app will be brought only in a court of competent jurisdiction located in Miami-Dade County, Florida.

COMPLETE AGREEMENT (SEVERABILITY, AMENDMENTS, WAIVER, AND HEADINGS)

These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the app, in price lists, catalogs and in sales and advertising materials) represent the entire understanding between you and AX regarding the access and use of this app, its content and related products and services. Unless expressly agreed to in a signed writing by AX, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and AX or its representatives, affiliates, sponsors and vendors.

SEVERABILITY: Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.

AMENDMENTS: AX reserves the right to revise the content and information of this app, these Terms and Conditions, or any part thereof, without notice, by merely updating the app and this posting, respectively.

WAIVER: No term or condition may be waived by any party except in writing signed by the party to be bound.

HEADINGS: The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.

ELECTRONIC SIGNATURE AND CONSENT TO ELECTRONIC RECORDS

You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.

If you do not consent to the use of electronic records, do not proceed to access and use the app for any transaction or other activity which may require the completion or formation of an electronic record to confirm or carry out the transaction or activity.

WITHDRAWING CONSENT OR UPDATING ELECTRONIC RECORDS: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact AX at info@adventurexcursions.com. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this app that require the completion or formation of an electronic record.

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the app and printing from the app.

You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to AX app.

GENERALLY

ITHOS respects your privacy. Please review our separate Privacy Policy, and Security Statement (See below). ITHOS reserves the right to monitor and investigate all uses of this app for violations of law and/or violations of these Terms and Conditions without notice to you.

LIMITED RIGHT TO ACCESS AND USE ITHOS - TRANSACTIONS – TERMS, CONDITIONS, AND POLICIES

You may access and use ITHOS only for the lawful commercial purposes intended by ITHOS in providing the app. Any unauthorized access or use of any portion of this app, its content, data, computers or networks, or interference with any operation of the app, or interception of any communication from or to the app, or any attempt to do one or more of these or other unauthorized or unlawful acts — is strictly prohibited.

Registrants agreeing to these terms and conditions warrant that they are physically, intellectually, and fiscally capable to offer the services they are promoting. Registrants warrant that they are of good moral character, and have not violated any local, federal, or international laws that would otherwise prohibit their offerings of their particular services on the ITHOS communication platform. Registrants further warrant that ITHOS is not responsible to expressly review, approve, or accept registrants as fit to provide these services. Registrants acknowledge that it is the sole responsibility of registrants to conduct diligence regarding the service they seek to offer before offering their services on the ITHOS communication platform.

HOW ITHOS USES PERSONAL INFORMATION

  • ITHOS products and services may be subject to purchase restrictions. Questions about restrictions should be directed to ITHOS at info@ithosapp.com
  • You agree that all information provided by you to ITHOS will be accurate and truthful.
  • You agree that you will notify and keep ITHOS up to date of any change to your personal information and if applicable, any change to your information that may affect your ability to conduct business with or purchase products from ITHOS.
  • ITHOS reserves the right to limit, suspend and/or terminate access and use of the ITHOS app (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as ITHOS may decide in its sole discretion.
  • ITHOS reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time without notice and for no reason stated, as ITHOS may decide in its sole discretion.
  • USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR ANY AND ALL USE OF THIS APP, ITS CONTENTS, PRODUCTS AND THIRD-PARTY SERVICES PROVIDED BY REGISTRANTS ON THE ITHOS COMMUNICATION PLATFORM ARE AT YOUR OWN RISK – YOU, THE ACCOUNT HOLDER AGREE TO INDEMNIFY ITHOS AGAINST ANY AND ALL POSSIBLE DAMAGE CLAIMS ARISING FROM YOUR PURCHASE OF SERVICES PROVIDED BY THIRD-PARTY ACCOUNT HOLDERS ON ITHOS.
  • Account holders on ITHOS are not employees of ITHOS. Registrants use the ITHOS communication platform to connect and communicate with other registrants and purchase services offered for sale by other registrants. Registrants acknowledge they are fully, and unilaterally responsible for examining, investigating, and questioning any and all warranties, promises, and claims made by other registrants.
  • ITHOS does not command, or take part in the pricing registrants propose. Pricing is solely determined by registrants. ITHOS is a communication platform.

CONSUMERS

Before you purchase any ITHOS service, you acknowledge and agree that it is your sole responsibility to investigate and seek professional advice regarding the application, use, health, safety and/or effectiveness of any product of service for your particular circumstances. You acknowledge and agree that the use of any personal protective product (including but not limited to protective eyewear and/or gloves), involves UNFORESEEABLE RISKS AND UNCERTAINTIES, including without limitation, THE RISKS OF:

  • Bodily injury;
  • Loss of or damage to property, or death;
  • Other general and individual health risks, conditions and uncertainties.; to the maximum extent permitted by law, you agree to release, indemnify and hold harmless ITHOS and its officers, directors, employees, representatives, affiliates and sponsors, and their successors and assigns, from any and all causes of action and consequences, liability, losses and/or damages (including but not limited to personal injury to you or others) arising from or related to the use (or misuse) of any products or services obtained by you, directly or indirectly, from your communications with registrants of ITHOS, its affiliates, representatives, sponsors and/or suppliers.

DISCLAIMERS & WARRANTIES

Except as expressly set forth in writing by ITHOS, this app, the contents of this app and all related products and services are provided “as is” without warranties of any kind, express or implied. ITHOS expressly disclaims all implied representations and warranties of any kind with regard to the access and use of this app and all products, services and information made available through this app, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, quality, title and non-infringement.
ITHOS further expressly disclaims all representations and warranties relating to product descriptions and components, recommendations of professionals, and product use, safety and/or effectiveness. Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. check your local laws.

Despite commercially reasonable efforts:

  • ITHOS does not warrant that the access, use, function or operation of this App will be uninterrupted or error-free, that defects will not exist or be corrected, or that this App or its servers will be completely free of all viruses or other harmful elements.

TESTIMONIALS, ENDORSEMENTS, & COMMENTARY

IN ACCORDANCE WITH THE FTC GUIDELINES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, PLEASE TAKE NOTE OF THE FOLLOWING CIRCUMSTANCES: 
Testimonials appearing on this app are received via direct or email submission, entirely via a digital medium. They are individual experiences, reflecting real life experiences of those who have used ITHOS products and/or services in some way or other. However, they are individual results and results do vary.

ITHOS does not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use ITHOS products and/or services. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened, meaning; not the whole message received by the testimony writer is displayed, when it seemed lengthy or the testimony in its entirety seemed irrelevant for the general public.

ITHOS is not responsible for any of the opinions or comments posted to our app. ITHOS is not a forum for testimonials; however, the app provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of ITHOS. ITHOS does not adopt the opinions, views or commentary of any testimonials on this app, and they are strictly the views of the reviewer.

TESTIMONIAL SUBMISSIONS: As a consumer/user of ITHOS products and/or services, by submitting your testimonial you give ITHOS and its licensees permission to reprint, reproduce or use the testimonial in connection with ITHOS’s business, products and services. You also are agreeing to the following: (1) The reprinting, reproduction or use of the testimonial will be at ITHOS’s discretion and without compensation; (2) ITHOS may use the testimonial with or without any pseudo (pen) name credit; (3) ITHOS’s and its licensee’s right to use the testimonial is in perpetuity and may be assigned by ITHOS; (4) ITHOS and its licensee’s may use the testimonial locally, nationally, or globally and such use may be made in any media, information or communication platform (including internet advertising) currently in use or later developed; and (5) You, and not someone else, composed, submitted and posted the testimonial as your sole and original work of authorship and no other person’s consent is required for ITHOS and its licensees to exercise the permissions granted by you in this paragraph. By submitting your testimonial, you are agreeing to the terms and conditions as listed in this document, including but not limited to the provisions on Submissions set forth herein below.

LIMITATION OF LIABILITY - LIQUIDATED DAMAGES

To the maximum extent permitted by law, neither ITHOS nor its officers, directors, employees, shareholders, representatives, affiliates, sponsors, vendors or any other party involved in providing this app, its content and products and services shall be liable for any damages or losses of any kind, including without limitation, direct, indirect, special, incidental, consequential, punitive or otherwise, arising out of or related to the access, use of (or inability to access or use) this web or mobile app or any product or service made available via this app by ITHOS or its business affiliates.

ITHOS assumes no liability and shall not be liable for any damages of any kind, including without limitation, loss of data, income or profit, loss of or damage to property, personally injury, loss of consortium, and claims of third parties. in the event a court of competent jurisdiction should find and allocate liability for any reason, in no event shall ITHOS’s total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, regardless of legal theory, exceed one hundred and fifty dollars ($150).

OWNERSHIP

APP AND CONTENT: This app and its contents belong exclusively to ITHOS, its sponsors, business affiliates and their respective licensors. This app and its contents are protected by U.S. and International trademark and copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this app, in whole or in part, is strictly prohibited. You may copy limited content from this app for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.

TRADEMARKS: The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively “Trademarks”) displayed on this app belong to ITHOS, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on this app shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.

SUBMISSIONS: Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to ITHOS at this app, by e-mail, by phone, by written correspondence or otherwise (each a “Submission”) is non-confidential and becomes the sole and exclusive property of ITHOS. ITHOS is free to dispose, reproduce and/or use any submission without restriction, for any purpose whatsoever, including but not limited to developing, manufacturing, advertising, marketing and listing of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that ITHOS’s use of the Submission (as submitted) will not violate any third party’s rights. ITHOS is under no obligation to accept, respond to or use any Submission.

LINKING TO THIRD PARTY APPS AND PLATFORMS

As a matter of convenience to visitors, this app may contain links to other third party web apps (i.e., apps not owned or controlled by ITHOS). No link to another web app shall imply any endorsement or sponsorship of the third party web app, its owner or operator, or any products or services. ITHOS is not responsible for the content of or any links contained on any other web app. Your access and use of any other web app is entirely at your own risk. Under no circumstances will ITHOS be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available.

LINKING TO THIS APP

ITHOS does not generally object to links to the ITHOS website, or mobile app from third party apps. However, absent an express written agreement to the contrary, all third party links to the home page of this app must be in accordance with the following terms and conditions. A third party link may only link to the home page of this app using the plain text version of ITHOS name (“ITHOS”) or the plain text version of the app name (“ITHOS”).

No content from this app may be incorporated into the third party app by any means (e.g., by in-lining or framing); (b) No Trademark of ITHOS may be used as any “metatag,” “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select web apps or pages. ITHOS will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful apps, or any app that may adversely affect the name, reputation and goodwill of ITHOS and its communication services, as ITHOS shall determine in its sole discretion. ITHOS reserves the right to cancel permission to link to this app at any time, for any reason, in its sole discretion.

GOVERNING LAW

These Terms and Conditions will be governed and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of this app or any product or service offerings in connection with this app will be brought only in a court of competent jurisdiction located in Miami-Dade County, Florida.

COMPLETE AGREEMENT (SEVERABILITY, AMENDMENTS, WAIVER, AND HEADINGS)

These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the app, in price lists, catalogs and in sales and advertising materials) represent the entire understanding between you and ITHOS regarding the access and use of this app, its content and related products and services. Unless expressly agreed to in a signed writing by ITHOS, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and ITHOS or its representatives, affiliates, sponsors and vendors.

SEVERABILITY: Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.

AMENDMENTS: ITHOS reserves the right to revise the content and information of this app, these Terms and Conditions, or any part thereof, without notice, by merely updating the app and this posting, respectively.

WAIVER: No term or condition may be waived by any party except in writing signed by the party to be bound.

HEADINGS: The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.

ELECTRONIC SIGNATURE AND CONSENT TO ELECTRONIC RECORDS

You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.

If you do not consent to the use of electronic records, do not proceed to access and use the app for any transaction or other activity which may require the completion or formation of an electronic record to confirm or carry out the transaction or activity.

WITHDRAWING CONSENT OR UPDATING ELECTRONIC RECORDS: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact ITHOS at info@ithosapp.com. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this app that require the completion or formation of an electronic record.

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the app and printing from the app.

You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to ITHOS app.

GENERALLY

ITHOS respects your privacy. Please review our separate Privacy Policy, and Security Statement (See below). ITHOS reserves the right to monitor and investigate all uses of this app for violations of law and/or violations of these Terms and Conditions without notice to you.

LIMITED RIGHT TO ACCESS AND USE ITHOS - TRANSACTIONS – TERMS, CONDITIONS, AND POLICIES

You may access and use ITHOS only for the lawful commercial purposes intended by ITHOS in providing the app. Any unauthorized access or use of any portion of this app, its content, data, computers or networks, or interference with any operation of the app, or interception of any communication from or to the app, or any attempt to do one or more of these or other unauthorized or unlawful acts — is strictly prohibited.

Registrants agreeing to these terms and conditions warrant that they are physically, intellectually, and fiscally capable to offer the services they are promoting. Registrants warrant that they are of good moral character, and have not violated any local, federal, or international laws that would otherwise prohibit their offerings of their particular services on the ITHOS communication platform. Registrants further warrant that ITHOS is not responsible to expressly review, approve, or accept registrants as fit to provide these services. Registrants acknowledge that it is the sole responsibility of registrants to conduct diligence regarding the service they seek to offer before offering their services on the ITHOS communication platform.

HOW ITHOS USES PERSONAL INFORMATION

  • ITHOS products and services may be subject to purchase restrictions. Questions about restrictions should be directed to ITHOS at info@ithosapp.com
  • You agree that all information provided by you to ITHOS will be accurate and truthful.
  • You agree that you will notify and keep ITHOS up to date of any change to your personal information and if applicable, any change to your information that may affect your ability to conduct business with or purchase products from ITHOS.
  • ITHOS reserves the right to limit, suspend and/or terminate access and use of the ITHOS app (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as ITHOS may decide in its sole discretion.
  • ITHOS reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time without notice and for no reason stated, as ITHOS may decide in its sole discretion.
  • USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR ANY AND ALL USE OF THIS APP, ITS CONTENTS, PRODUCTS AND THIRD-PARTY SERVICES PROVIDED BY REGISTRANTS ON THE ITHOS COMMUNICATION PLATFORM ARE AT YOUR OWN RISK – YOU, THE ACCOUNT HOLDER AGREE TO INDEMNIFY ITHOS AGAINST ANY AND ALL POSSIBLE DAMAGE CLAIMS ARISING FROM YOUR PURCHASE OF SERVICES PROVIDED BY THIRD-PARTY ACCOUNT HOLDERS ON ITHOS.
  • Account holders on ITHOS are not employees of ITHOS. Registrants use the ITHOS communication platform to connect and communicate with other registrants and purchase services offered for sale by other registrants. Registrants acknowledge they are fully, and unilaterally responsible for examining, investigating, and questioning any and all warranties, promises, and claims made by other registrants.
  • ITHOS does not command, or take part in the pricing registrants propose. Pricing is solely determined by registrants. ITHOS is a communication platform.

CONSUMERS

Before you purchase any ITHOS service, you acknowledge and agree that it is your sole responsibility to investigate and seek professional advice regarding the application, use, health, safety and/or effectiveness of any product of service for your particular circumstances. You acknowledge and agree that the use of any personal protective product (including but not limited to protective eyewear and/or gloves), involves UNFORESEEABLE RISKS AND UNCERTAINTIES, including without limitation, THE RISKS OF:

  • Bodily injury;
  • Loss of or damage to property, or death;
  • Other general and individual health risks, conditions and uncertainties.; to the maximum extent permitted by law, you agree to release, indemnify and hold harmless ITHOS and its officers, directors, employees, representatives, affiliates and sponsors, and their successors and assigns, from any and all causes of action and consequences, liability, losses and/or damages (including but not limited to personal injury to you or others) arising from or related to the use (or misuse) of any products or services obtained by you, directly or indirectly, from your communications with registrants of ITHOS, its affiliates, representatives, sponsors and/or suppliers.

DISCLAIMERS & WARRANTIES

Except as expressly set forth in writing by ITHOS, this app, the contents of this app and all related products and services are provided “as is” without warranties of any kind, express or implied. ITHOS expressly disclaims all implied representations and warranties of any kind with regard to the access and use of this app and all products, services and information made available through this app, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, quality, title and non-infringement.
ITHOS further expressly disclaims all representations and warranties relating to product descriptions and components, recommendations of professionals, and product use, safety and/or effectiveness. Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. check your local laws.

Despite commercially reasonable efforts:

  • ITHOS does not warrant that the access, use, function or operation of this App will be uninterrupted or error-free, that defects will not exist or be corrected, or that this App or its servers will be completely free of all viruses or other harmful elements.

TESTIMONIALS, ENDORSEMENTS, & COMMENTARY

IN ACCORDANCE WITH THE FTC GUIDELINES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, PLEASE TAKE NOTE OF THE FOLLOWING CIRCUMSTANCES: 
Testimonials appearing on this app are received via direct or email submission, entirely via a digital medium. They are individual experiences, reflecting real life experiences of those who have used ITHOS products and/or services in some way or other. However, they are individual results and results do vary.

ITHOS does not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use ITHOS products and/or services. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened, meaning; not the whole message received by the testimony writer is displayed, when it seemed lengthy or the testimony in its entirety seemed irrelevant for the general public.

ITHOS is not responsible for any of the opinions or comments posted to our app. ITHOS is not a forum for testimonials; however, the app provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of ITHOS. ITHOS does not adopt the opinions, views or commentary of any testimonials on this app, and they are strictly the views of the reviewer.

TESTIMONIAL SUBMISSIONS: As a consumer/user of ITHOS products and/or services, by submitting your testimonial you give ITHOS and its licensees permission to reprint, reproduce or use the testimonial in connection with ITHOS’s business, products and services. You also are agreeing to the following: (1) The reprinting, reproduction or use of the testimonial will be at ITHOS’s discretion and without compensation; (2) ITHOS may use the testimonial with or without any pseudo (pen) name credit; (3) ITHOS’s and its licensee’s right to use the testimonial is in perpetuity and may be assigned by ITHOS; (4) ITHOS and its licensee’s may use the testimonial locally, nationally, or globally and such use may be made in any media, information or communication platform (including internet advertising) currently in use or later developed; and (5) You, and not someone else, composed, submitted and posted the testimonial as your sole and original work of authorship and no other person’s consent is required for ITHOS and its licensees to exercise the permissions granted by you in this paragraph. By submitting your testimonial, you are agreeing to the terms and conditions as listed in this document, including but not limited to the provisions on Submissions set forth herein below.

LIMITATION OF LIABILITY - LIQUIDATED DAMAGES

To the maximum extent permitted by law, neither ITHOS nor its officers, directors, employees, shareholders, representatives, affiliates, sponsors, vendors or any other party involved in providing this app, its content and products and services shall be liable for any damages or losses of any kind, including without limitation, direct, indirect, special, incidental, consequential, punitive or otherwise, arising out of or related to the access, use of (or inability to access or use) this web or mobile app or any product or service made available via this app by ITHOS or its business affiliates.

ITHOS assumes no liability and shall not be liable for any damages of any kind, including without limitation, loss of data, income or profit, loss of or damage to property, personally injury, loss of consortium, and claims of third parties. in the event a court of competent jurisdiction should find and allocate liability for any reason, in no event shall ITHOS’s total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, regardless of legal theory, exceed one hundred and fifty dollars ($150).

OWNERSHIP

APP AND CONTENT: This app and its contents belong exclusively to ITHOS, its sponsors, business affiliates and their respective licensors. This app and its contents are protected by U.S. and International trademark and copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this app, in whole or in part, is strictly prohibited. You may copy limited content from this app for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.

TRADEMARKS: The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively “Trademarks”) displayed on this app belong to ITHOS, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on this app shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.

SUBMISSIONS: Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to ITHOS at this app, by e-mail, by phone, by written correspondence or otherwise (each a “Submission”) is non-confidential and becomes the sole and exclusive property of ITHOS. ITHOS is free to dispose, reproduce and/or use any submission without restriction, for any purpose whatsoever, including but not limited to developing, manufacturing, advertising, marketing and listing of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that ITHOS’s use of the Submission (as submitted) will not violate any third party’s rights. ITHOS is under no obligation to accept, respond to or use any Submission.

LINKING TO THIRD PARTY APPS AND PLATFORMS

As a matter of convenience to visitors, this app may contain links to other third party web apps (i.e., apps not owned or controlled by ITHOS). No link to another web app shall imply any endorsement or sponsorship of the third party web app, its owner or operator, or any products or services. ITHOS is not responsible for the content of or any links contained on any other web app. Your access and use of any other web app is entirely at your own risk. Under no circumstances will ITHOS be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available.

LINKING TO THIS APP

ITHOS does not generally object to links to the ITHOS website, or mobile app from third party apps. However, absent an express written agreement to the contrary, all third party links to the home page of this app must be in accordance with the following terms and conditions. A third party link may only link to the home page of this app using the plain text version of ITHOS name (“ITHOS”) or the plain text version of the app name (“ITHOS”).

No content from this app may be incorporated into the third party app by any means (e.g., by in-lining or framing); (b) No Trademark of ITHOS may be used as any “metatag,” “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select web apps or pages. ITHOS will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful apps, or any app that may adversely affect the name, reputation and goodwill of ITHOS and its communication services, as ITHOS shall determine in its sole discretion. ITHOS reserves the right to cancel permission to link to this app at any time, for any reason, in its sole discretion.

GOVERNING LAW

These Terms and Conditions will be governed and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of this app or any product or service offerings in connection with this app will be brought only in a court of competent jurisdiction located in Miami-Dade County, Florida.

COMPLETE AGREEMENT (SEVERABILITY, AMENDMENTS, WAIVER, AND HEADINGS)

These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the app, in price lists, catalogs and in sales and advertising materials) represent the entire understanding between you and ITHOS regarding the access and use of this app, its content and related products and services. Unless expressly agreed to in a signed writing by ITHOS, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and ITHOS or its representatives, affiliates, sponsors and vendors.

SEVERABILITY: Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.

AMENDMENTS: ITHOS reserves the right to revise the content and information of this app, these Terms and Conditions, or any part thereof, without notice, by merely updating the app and this posting, respectively.

WAIVER: No term or condition may be waived by any party except in writing signed by the party to be bound.

HEADINGS: The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.

ELECTRONIC SIGNATURE AND CONSENT TO ELECTRONIC RECORDS

You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.

If you do not consent to the use of electronic records, do not proceed to access and use the app for any transaction or other activity which may require the completion or formation of an electronic record to confirm or carry out the transaction or activity.

WITHDRAWING CONSENT OR UPDATING ELECTRONIC RECORDS: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact ITHOS at info@ithosapp.com. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this app that require the completion or formation of an electronic record.

You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the app and printing from the app.

You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to ITHOS app.