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TERMS OF USE

Updated: December 10, 2022

Welcome to our website extranomical.com, owned and operated by Epic Sightseeing, LLC dba Extranomical, LLC (hereinafter “Extranomical”, “our”, “we”).  We may refer to anyone using, registering, visiting, or taking advantage of any of the features, functions, offers, or links made available, on or through our website, as “you” or “your”.  By using our website YOU AGREE TO BE BOUND BY THESE TERMS OF USE, and all the terms, conditions, disclaimers, and limitations that appear or are made available to you on our site, (for example, in connection with special offers, or promotions) and all of these, as they may be amended from time to time, we may refer to collectively as your Agreement with us.

ACCEPTANCE OF AND CHANGES TO TERMS OF USE

By using our website and services, you accept the Agreement, including, without limitation, all the terms and conditions in these Terms of Use.  If you do not agree completely with any terms, conditions, disclaimers, limitations, or other provisions in your Agreement with us, your only remedy is to discontinue use of our website.  We reserve the right to modify our Agreement with you at any time.  Your continued use of any portion of our website following the effective date contained in the notification or the posting of such changes on our website, if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement.

If you have any questions or concerns about our specific terms, please send an email to: contact@extranomical.com.

USER OBLIGATIONS

You agree not to do any of the following while using the Extranomical website or any of our affiliate sites:

  • Intentionally or knowingly violate any applicable law or regulation, agreement that you are bound by -including this Agreement- nor the rights of any other party; misrepresent or try to deceive us as to your identity or the identity of anyone else;  use buying agents; or conduct fraudulent activities;
  • Exceed authorized access, tamper with, or misuse any areas of our site or Extranomical’s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution.
  • Frame or link to the Extranomical website, unless permitted in writing by Extranomical.

THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our website by any third parties (including information provided by users) are those of the respective author(s) and not ours.  We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information, or statement made by anyone other than our employees who are authorized by us when acting in his or her official capacity.

PARENTAL CONTROL PROTECTIONS

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are Bark, CyberPatrol, NetNanny, FamilyShield, Norton Family, and GuardOne. We do not sponsor or endorse or control any of these companies or their services.

LINKS

Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.

COPYRIGHT NOTICE

All text, graphics, logos, icons, images, audio clips, video clips and software on the website (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term Content will be used and mean to include these as well. Unless authorized in writing by Extranomical, you may not use any Content without our prior written consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made, and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.

NOTICES

“Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.

Please print and retain a copy for your records. If you do not have a printer, you can save this document as a pdf an retain electronically.

SYSTEM REQUIREMENTS TO ACCESS INFORMATION

To receive and view an electronic copy of the Communications you must have the following equipment and software:

  • A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
  • An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

SYSTEM REQUIREMENTS TO RETAIN INFORMATION

To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®.

WITHDRAWAL OF ELECTRONIC ACCEPTANCE OF DISCLOSURES AND NOTICES

You can also contact us in any of the ways described in the paragraph entitled “Paper Delivery of Disclosures and Notices” to withdraw your consent to receive any future Communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we will terminate your use of the site and the services provided through the site.

TERMINATION/ CHANGES

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law and the current version of these Terms of Use will list the effective date at the top for your convenience.

DISCLAIMER OF WARRANTIES

Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.

Your use of our site is solely and fully at your own risk, and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the site. OUR SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and manufacturers who fulfill your orders, be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our website, this Agreement, the use or performance of our website, the delay or inability to use our website, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our website, or otherwise arising out of the use of our website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.

If you are dissatisfied with any portion of our website, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our website. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

INDEMNITY

You agree to defend and hold Extranomical, its affiliates, employees, officers, directors and agents (collectively “Extranomical and Affiliates”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses including attorneys’ fees that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Extranomical, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on or to the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Extranomical and Affiliate’s use of the information that you submit to us (all of the foregoing, Claims and Losses). You will cooperate as fully required by Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Extranomical and Affiliates retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Extranomical and Affiliates reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of Extranomical.

PRIVACY POLICY

Your use of our website is also subject to our Privacy Policy https://www.extranomical.com/privacy-policy/. VALIDATING YOUR ORDER After you place an order on our site, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We shall not be liable for any information you enter into their site for payment processing, and you shall be subject to their Terms of Use and any other Terms and Conditions through accessing their website.  We reserve the right to reject any order you place with us or through any third party, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. We will process a refund if the charge has been made against your debit or credit card after we’ve rejected your booking.

TOUR BOOKING ACCEPTANCE/CONFIRMATION

Your receipt of an electronic or other form of confirmation will signify our acceptance of your order.

ERRORS ON OUR WEBSITE

Prices and availability of tour and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for tours and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

MOBILE AND MOBILE APPS

Extranomical may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges. You agree that for the functions or services which are part of your registration with Extranomical, we may send communications to your mobile device regarding the functions or services you have registered to be able to use on Extranomical. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

FORCE MAJEURE

We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

GENERAL PROVISIONS

You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on our sites, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Use, along with our Terms and Conditions and any other terms, conditions or provisions specifically referred to herein, comprises the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms of Use and our Agreement with you, is personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms of Use will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision.

AGREEMENT TO ARBITRATE

In the event of a dispute between you and us arising under or relating to the Extranomical website or the Extranomical business, you hereby acknowledge and agree that by using the Extranomical website, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. THIS MEANS THAT NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE OR CLAIM IN COURT OR TO HAVE A JURY TRIAL.

YOU ACKNOWLEDGE AND AGREE THAT DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.

CLASS ACTION WAIVER

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS THAT NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.