Terms of Use
Effective Date: August 28, 2023
By accessing or using our Services (as defined below), you agree to be bound by the following Terms of Use. Please read this agreement carefully before proceeding. If you do not agree with any part of these terms, please refrain from using our Services.
Acceptance of Terms
This Terms of Use Agreement (“Agreement”) is a legally binding contract between you (“User” or “Customer”) and Xplorie, LLC, a Delaware limited liability company (“Xplorie,” “we,” “us,” or “our”) governing your use of Services . By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.
Description of Services
Xplorie offers a variety of activities, attractions, and services (“Activities”), which may be provided complimentary as part of a customer transacting business with one of Xplorie’s lodging partners or other third-party business partners, or for purchase by customers and provides customers with communications about our products, services, promotions, and relevant information. For purposes of this Agreement, “Services” shall be defined broadly to include all Xplorie products and services, including, without limitation, its website, Activities, and communications services, including, without limitation, communications via email, text, and WhatsApp. The content and availability of the Services may change from time to time without prior notice.
User Account
To access certain features or benefits, or purchase activities on our website, you may be required to create an account or an account may be programmatically created for you as part of your transaction with one of our lodging partners or other third-party business partners. You must provide accurate and complete information during the registration process and keep your account information up-to-date. You are solely responsible for maintaining the confidentiality of your account credentials and agree to accept responsibility for all activities that occur under your account.
Age Requirement
By using our Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may only use our Services with the involvement and consent of a parent or guardian.
Use of Services
You agree to use our Services solely for lawful purposes and in compliance with all applicable laws and regulations. You may not use our Services to engage in any illegal, harmful, or unauthorized activities, including but not limited to:
- Violating any applicable laws or regulations;
- Infringing upon the rights of others, including intellectual property rights;
- Posting or transmitting harmful content, such as viruses, malware, or spam;
- Harassing, threatening, or defaming others;
- Collecting or storing personal information of others without consent.
Intellectual Property
All content and materials on our website, including but not limited to text, images, graphics, logos, and software, are the property of Xplorie or its licensors and are protected by intellectual property laws. You may not reproduce, modify, distribute, display, or use any content without our express written permission.
Privacy Policy
Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our services, you consent to our collection and use of information as described in the Privacy Policy.
Communications
By creating an account with us, you agree to receive promotional updates about our Services via any reasonable means, including, without limitation, email, text, WhatsApp, social media platforms, and U.S. mail. You can opt-out of these communications at any time by following the instructions provided in the communication or by contacting our customer support.
Termination
We reserve the right to terminate your access to our Services at any time and for any reason without prior notice. You may also terminate your account by contacting our customer support.
Disclaimer of Warranty
Our Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. We do not warrant that our Services will be error-free, uninterrupted, or free from harmful components.
Limitation of Liability
To the maximum extent permitted by law, Xplorie shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our Services, including but not limited to damages for personal injury or loss of life, profits, data, or goodwill.
Indemnification
You agree to indemnify and hold Xplorie harmless from any claims, damages, losses, liabilities, or expenses arising from your use of our Services or any violation of this Agreement.
Modifications to the Agreement
We reserve the right to update or modify this Agreement at any time without prior notice. Any changes will be effective immediately upon posting the revised Agreement on our website. Your continued use of our Services after such changes constitute your acceptance of the updated Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Okaloosa County, Florida.
Entire Agreement
This Agreement constitutes the entire understanding between you and Xplorie regarding the subject matter herein and supersedes all prior agreements, understandings, and representations.
If you have any questions or concerns about this Agreement, please contact us.