Disclaimers and Limitations of Liability. I UNDERSTAND AND AGREE THAT THE TOUR IS PROVIDED ON AN ''AS IS,'' ''AS AVAILABLE'' BASIS. I AGREE THAT MY PARTICIPATION IN THE TOUR IS AT MY SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I ALSO KNOW THAT THE COMPANY DOES NOT WARRANT THAT TOUR WILL TAKE PLACE AS SCHEDULED, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET MY REQUIREMENTS, OR THAT ANY DEFECTS IN THE TOUR WILL BE CORRECTED.
INFORMATION PRESENTED AT THE TOUR SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NOT TO BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM THE COMPANY. I KNOW THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM MY RELIANCE ON SUCH INFORMATION.
TRAVEL SUPPLIERS (SUCH AS CAR RENTAL COMPANIES, TRAVEL AGENCIES, HOTELS, RESTAURANTS, AND COMMERCIAL AIRLINES) ARE INDEPENDENT BUSINESS OPERATORS WHO ARE BEYOND THE SCOPE OF THE COMPANY’S CONTROL OR DIRECTION. I AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THESE SUPPLIERS OR OTHER THIRD PARTIES.
I ASSUME FULL RESPONSIBILITY FOR ENSURING THAT I MEET THE LEGAL TRAVEL REQUIREMENTS FOR USING THE SERVICES OF SUCH SUPPLIERS, INCLUDING COMPLIANCE WITH APPLICABLE LAWS RELATED TO TRAVEL, PASSPORTS, VISAS, INSURANCE, TAXES, DUTIES, ETC. I WILL CONSULT MY ATTORNEY TO ADDRESS ANY LEGAL ISSUES CONCERNING MY TRAVEL AND CONTACT MY TRAVEL SUPPLIERS (NOT THE COMPANY) CONCERNING ANY TRAVEL ARRANGEMENTS I HAVE MADE WITH SUCH SUPPLIERS.
I UNDERSTAND AND AGREE THAT ALCOHOL POSSESSION OR USE IS PROHIBITED ON THE TOUR BUS AND ALL OTHER COMPANY VEHICLES. ALTHOUGH I MAY DRINK ALCOHOL ELSEWHERE, I FURTHER AGREE TO LIMIT CONSUMPTION ON THE TOUR SO THAT I AM NOT INTOXICATED IN PUBLIC OR WHILE A PASSENGER IN ANY COMPANY VEHICLE DURING THE TOUR.
IF MY JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO ME. I UNDERSTAND THAT MY SOLE AND EXCLUSIVE REMEDY RELATING TO THE TOUR SHALL BE TO NOT ATTEND OR LEAVE THE TOUR.
I AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE TOUR, INCLUDING TRAVEL TO AND FROM THE TOUR, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I ALSO AGREE THAT THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TOUR OR SERVICES SHALL NOT EXCEED ONE HUNDRED (B/ 100) PANAMANIAN BALBOAS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH I MAY HAVE AGAINST THE COMPANY OR THE COMPANY’S AFFILIATES. I AGREE THAT ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS RELEASE.
My Information. I AGREE THAT THE COMPANY MAY USE MY INFORMATION TO OPERATE THE COMPANY’S BUSINESS ACTIVITIES. FOR EXAMPLE, THE COMPANY MAY USE MY DATA TO CONTACT ME ABOUT CHANGES TO THE COMPANY’S SERVICES, NEW SERVICES, OR SPECIAL OFFERS, RESOLVE DISPUTES, TROUBLESHOOT ISSUES, AND ENFORCE THE COMPANY’S WEBSITE TERMS AND CONDITIONS.
I ALSO AGREE THAT THE COMPANY MAY, IN THE COMPANY’S SOLE DISCRETION, PROVIDE INFORMATION ABOUT ME TO LAW ENFORCEMENT OR OTHER GOVERNMENT OFFICIALS FOR PURPOSES OF FRAUD INVESTIGATIONS, ALLEGED INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER SUSPECTED ILLEGAL ACTIVITY OR MATTERS THAT MAY EXPOSE THE COMPANY TO LEGAL LIABILITY.
THE COMPANY MAY, IN THE COMPANY’S SOLE DISCRETION, DISCLOSE AGGREGATE DATA (NOT INDIVIDUALLY IDENTIFIABLE INFORMATION) ABOUT TOUR ATTENDEES (INCLUDING ME) TO ADVERTISERS OR OTHER THIRD PARTIES FOR MARKETING, PROMOTIONAL AND OTHER BUSINESS PURPOSES.
BY ATTENDING THE TOUR AND PROVIDING INFORMATION TO THE COMPANY IN THE PROCESS OF DOING SO, I AM EXPRESSLY AGREEING TO THE COMPANY’S COLLECTION OF SUCH INFORMATION AND DISCLOSURE OF IT TO OTHERS. IF I DO NOT WANT SUCH AGGREGATE INFORMATION DISCLOSED TO THIRD PARTIES, I WILL NOT ATTEND THE TOUR.
IN ADDITION, I AGREE THAT THE COMPANY MAY USE THIRD PARTY SUPPLIERS TO PROVIDE TOUR SERVICES. IF A SUPPLIER WANTS TO COLLECT INFORMATION ABOUT ME, I WILL NOT BE NOTIFIED. HOWEVER, I UNDERSTAND THAT THE COMPANY WILL RESTRICT THE WAY THIRD PARTY SUPPLIERS CAN USE MY INFORMATION. THESE SUPPLIERS ARE NOT ALLOWED TO SELL OR GIVE MY INFORMATION TO OTHERS.