Terms and Conditions
Welcome to kaleidoscopeadventures.com. Kaleidoscope Adventures, Inc. owns kaleidoscopeadventures.com. This agreement (“Agreement”) sets forth the Terms and Conditions (“Terms and Conditions”) associated with your use of the website. We ask that you read the following Terms and Conditions, which constitute a license that covers your use of this website and any transactions that you may engage in by means of this website. BY ACCESSING, VIEWING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THIS WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Subject to the Terms and Conditions of this Agreement, Kaleidoscope Adventures, Inc. grants you a limited, nonexclusive license to use the Website. This Website is provided solely for the use of current and future customers of Kaleidoscope Adventures, Inc. and provides you with information about our company, destinations, the tours we recommend and password protected information about your trip. Kaleidoscope Adventures, Inc. will permit you to place orders for our products and services and will enable you to contact us with any questions or comments that you may have. Any other use of this site is strictly prohibited. By using this Website you agree to:
- Not use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Website;
- Not perform any action that, in Kaleidoscope Adventures, Inc. sole and absolute discretion, imposes a burden or unreasonable load on Kaleidoscope Adventures, Inc. computers or servers;
- Not use any defamatory, threatening, obscene, harassing, or otherwise unlawful information or language;
- Not use any advertisement, solicitation, spam, chain letter, or other similar type of information;
- Not use any encouragement of illegal activity;
- Not use any unauthorized use or disclosure of private, personally identifiable information of others; or
- Not use any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Copyright and Licenses
The materials and content on this Website are protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. All title and copyrights in and to the Website (including, but not limited to, any images, photographs, graphs, data, animations, video, audio, music, text and illustrations incorporated into the Website) are owned by Kaleidoscope Adventures, Inc (the “Intellectual Property”). You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Website. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by email or electronic means) without Kaleidoscope Adventures, Inc. prior written consent. Modification or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Website, is prohibited by this Agreement. All software, applications, and modules (collectively, “Software”) used on this website are proprietary to or licensed to Kaleidoscope Adventures, Inc. by other parties.
Disclaimer of Warranties
You expressly agree that your use of this Website is at your sole risk. Neither Kaleidoscope Adventures, Inc., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Kaleidoscope Adventures, Inc. does not warrant reliability of any statement or other information displayed or distributed through the Website. Kaleidoscope Adventures, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Kaleidoscope Adventures, Inc. may make any other changes to this Website, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THE SERVICES AND MATERIALS PROVIDED BY THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. KALEIDOSCOPE ADVENTURES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT OF APPLICABLE LAW, KALEIDOSCOPE ADVENTURES, INC. AND ITS OWNERS, SUPPLIERS AND AUTHORIZED AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS PROVIDED ON THE WEBSITE; (2) ANY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER/EXCLUSION MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KALEIDOSCOPE ADVENTURES, INC. OR ITS OWNERS, SUPPLIERS OR AUTHORIZED AGENTS BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATRIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE WEBSITE. IN NO EVENT SHALL KALEIDOSCOPE ADVENTURES, INC. OR ITS OWNERS, SUPPLIERS OR AUTHORIZED AGENTS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE WEBSITE OR THE SERVICES OR MATERIALS ON THE WEBSITE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK.
You agree to indemnify, defend, and hold harmless Kaleidoscope Adventures, Inc., its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Limitation on Claim
Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from the Website must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed.
Term and Termination
Without limiting its other remedies, Kaleidoscope Adventures, Inc. may suspend, terminate, discontinue or block your and any user’s access to this site at any time. This will be at our sole discretion.
From time to time on this Website, we may provide links to websites operated by other entities (commonly known as “Linked Sites”). If you decide to use any Linked Sites, you will leave kaleidoscopeadventures.com. If you visit any Linked Site, you do so at your own risk. It will be your responsibility to take protective measures to guard against any viruses or other destructive elements. Linked Sites, regardless of the linking form (i.e.: hotlinks, IMG links, hypertext links, etc.) are not maintained, controlled or otherwise governed by Kaleidoscope Adventures, Inc. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Kaleidoscope Adventures, Inc. We do not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Kaleidoscope Adventures, Inc. Links do not imply that Kaleidoscope Adventures, Inc. or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Kaleidoscope Adventures, Inc. or any of its affiliates or subsidiaries. Except for links to information authored by Kaleidoscope Adventures, Inc., Kaleidoscope Adventures, Inc. is neither responsible for nor will it be liable under any theory based upon (i) any Linked Sites; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Site and/or transact any business thereon, you do so at your own risk. Kaleidoscope Adventures, Inc. reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
Applicable Law, Jurisdiction and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A., without reference to its conflicts of laws and provisions. Kaleidoscope Adventures, Inc. makes no representation that the materials are appropriate or available for use outside of the United States. If you access this Website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Orange County, Florida for any disputes with Kaleidoscope Adventures, Inc. arising out of your use of this Website.
All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon delivery personally, by facsimile with proof of completed transmission or by overnight mail with proof of receipt, or upon deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party at the address shown below, or at such other address or addresses as either party shall designate to the other in writing.
Except with respect to matters for which injunctive relief is sought, the parties agree to submit to arbitration all other questions, disputes, and/or controversies that may arise out of or in connection with this Agreement. Arbitration shall be conducted in Orange County, Florida in accordance with the rules of the American Arbitration Association (“AAA”), and shall be limited to seven (7) hours per party (a total of two hearing days). The AAA shall choose a single neutral arbitrator with at least ten (10) years experience in business law. The decision of the arbitrator shall be final and binding on both parties, who hereby agree to comply therewith. The arbitrator shall not have jurisdiction to decide whether injunctive or other equitable relief should be granted to either party. In every case where the arbitrator decides that this Agreement has been properly fulfilled by a party, all costs and fees, including reasonable attorney’s fees, incurred during or necessitated by the arbitration proceedings shall be paid by the other party.
In the event any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, the prevailing party in such litigation or controversy shall be entitled to recover from the other party or parties all reasonable attorney fees, expenses and suit costs, including those associated with any appellate or post-judgment collection proceeding.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, invalid or illegal, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. In addition, no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement constitutes the entire agreement between Kaleidoscope Adventures, Inc. and you and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Kaleidoscope Adventures, Inc. with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Modifications to Agreement
We may revise this Agreement from time to time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Website. We suggest you return to this Agreement from time to time to review the most current Terms and Conditions. Kaleidoscope Adventures, Inc. does not and will not assume any obligation to notify you of changes to this Agreement.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from Kaleidoscope Adventures, Inc. solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” “Submit,” “Subscribe,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
7081 Grand National Drive
Orlando, Florida 32819
Toll-free: (800) 774-7337
Phone: (407) 345-4899
Fax: (407) 345-2890