ACCESS TO THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and exit out of the account after your use.
INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Onswell, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Additionally, Onswell owns any feedback you may provide to us, including, without limitation, any intellectual property rights therein.
You agree to not:
Unless otherwise subsequently agreed to in writing with us, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Onswell name, the term Onswell, the Onswell logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Onswell or its affiliates or licensors.
You must not use such marks without the prior written permission of Onswell. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
The Website may, or may in the future, contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Onswell, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING, ENFORCEMENT AND TERMINATION
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ONSWELL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM OR IN CONNECTION WITH ANY ACTION TAKEN BY ONSWELL OR THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ONSWELL OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action, omission or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you agree that your User Contributions shall not:
If you believe that any User Contributions violate your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is the policy of Onswell to terminate the user accounts of repeat infringers.
The Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Website are protected by copyright, trademark, and other intellectual property laws of the United States. Onswell owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Onswell or the copyright owner is permitted. If downloading, copying, redistributing, retransmitting, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Onswell owns trademarks, registered and unregistered, in many countries and "Onswell," the Onswell logos and variations thereof found on the Website are trademarks owned by Onswell or its related entities and all use of these marks inures to the benefit of Onswell. Other marks on the Website not owned by Onswell may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Onswell or such may be the property of their respective owners. You may not use Onswell’s name, logos, trademarks or brands, or trademarks or brands of others on the Website without Onswell’s express permission.
Onswell respects the intellectual property rights of others. If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on our Website infringes the IP Rights Owner’s copyright, trademark, patent or other intellectual property right, please submit an email to email@example.com to report an infringement, containing the following information and assertion statement:
Onswell may provide the party responsible for the alleged infringement (“Responsible Party”) with the name and email address of the IP Rights Owner and/or the Authorized Agent. By submitting a claim via email, you agree that Onswell can provide this information to the Responsible Party.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Onswell, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Onswell. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Onswell does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions and other information). In addition, Onswell expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
LINKS FROM THE WEBSITE
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Onswell partners directly with experience providers, hotels and other suppliers (“Third Party Providers”) to provide availability, pricing, inventory, contracting and support. These Third Party Providers on the Website are independent contractors and not agents or employees of Onswell. Further, Onswell is not responsible for contracting agreements between the traveler and these Third Party Providers.
Further, Onswell provides a comprehensive Website with information regarding experiences and services, including but not limited to, within the categories of health, wellness, spirituality, performance, adventure, education and/or volunteerism to the general public (“Experiences”). The information provided is obtained directly from the Third Party Provider or from the Third Party Provider’s publicly accessible website. We do not take responsibility for either the Third Party Provider’s service in any capacity or the withdrawal or alteration of any of these services. Please refer to our Terms of Sale hereinbelow for guidance related to booking your Experiences and/or making special requests with the Third Party Provider.
By participating in any Third Party Experiences you may have booked or viewed on the Website, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release Onswell from any and all claims or causes of action, known or unknown, arising out of or in connection with the provision of Experiences, including any arising from or in connection with Onswell’s negligence. Please consult with your physician before beginning any exercise program or participating in any activity.
By choosing to book and/or participate in any Experiences found on this Website, you agree to the following:
TERMS OF SALE: ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
A. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
B. Prices and Payment Terms
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time that payment in full is accepted by the Company and will be set out in your order confirmation email. After payment is received, which is sufficient to guarantee the price, price increases may still occur by reason of factors outside our control, which result from an increase in the cost of the product or service; such factors may include adverse currency fluctuations, fuel surcharges and taxes. Additional taxes and surcharges may be requested and required by the Third Party Provider at the time of check-in or check-out. We are not responsible or liable for these additional payments.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Once final payment has been made for the reservation, the Third Party Provider’s terms and conditions govern the transaction and your payment may be non-refundable. Please read terms and conditions of your trip carefully prior to booking.
In some cases, your reservation may require an initial deposit or installment payments which may be non-refundable. You will be required to make the final payment in accordance with the timeline provided by the terms associated with your specific order. Any refund in the event of a cancellation will be in accordance with the Third Party Provider’s terms and conditions. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. You agree to fully indemnify and hold Onswell harmless for cancellation due to either late payment or declination of a credit card.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the billing information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your financial services company, and (iv) you will pay charges incurred by you at the posted prices, including any currency conversion charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. Onswell reserves the rights to charge a service fee, in which case you will be notified prior to booking of the service fee to be charged.
C. Changes, Cancellation, and Transfer
WE OFFER NO REFUNDS ON ANY PRODUCTS OR SERVICES DESIGNATED ON THIS SITE AS NON-REFUNDABLE. The Third Party Provider may charge cancellation fees, which can be up to one hundred percent (100%) of the cost, regardless of whether or not travel has commenced. Fees and extra charges may be also be applied by the Third Party Provider for changes made to your reservation. Any refunds due from the Third Party Provider may be credited back to you via the Third Party Provider. We may not provide these refunds directly. The time frame of these refunds are not within our control.
It is your responsibility to ensure that the name(s) on your reservation and booking match(es) the legal name(s) on the relevant passport or government issued identification before making payment.
Travel documents include, without limitation, hotel vouchers, tour vouchers or any other document, whether such contain certain conditions and/or restrictions including, without limitation, being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. If a name is incorrect on a booking, this may result in an inability to use that booking and the booking being cancelled or amended. Any errors in names, dates and timings on your documentation will be your responsibility, if not advised in writing at the time of booking. It is your responsibility to collect all travel documents from us prior to travel.
D. Travel Insurance
Travel Insurance is strongly recommended. It should be purchased from your chosen insurance company as soon as you book your travel. The travel insurance must be comprehensive and must cover accidents, injury, illness and death, medical and hospital expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. It is recommended that the travel insurance covers loss of deposit, cancellation, curtailment and loss of personal property. The travel insurance is to cover the duration of your travel, and the country or region. You must carry proof of travel insurance with you, and produce it if reasonably requested, to ensure you have access to it while you are away.
E. Passports/Visas and Vaccinations
You must consult the relevant Embassy or Consulate for information relating to passport and/or visa requirements. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through.
You must ensure that you are aware of any health requirements for your travel and ensure that you carry all necessary vaccination documentation. Please check with your local doctor or specialist travel vaccination clinic. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Onswell has no responsibility to issue advisories or otherwise make recommendations as to health, safety or other risks of challenges of any destinations.
F. Bank and Credit Card Fees
When we process your payment, it is processed in the United States. When the travel supplier processes your payment, it will be processed in the country in which the travel supplier is based.
Onswell or the travel supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
G. Currency Converter
If a currency converter is available on the Website, the following terms and conditions apply:
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Onswell, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
H. Special Requirements
Please communicate directly with your Third Party Provider regarding any special requirements you may have for your activity, including but not limited to dietary preferences and accommodation requests. It is your responsibility to confirm that your request has been received by the Third Party Provider and that they are able to accommodate such request. Onswell makes no guarantee that your request can be accommodated by the Third Party Provider, and your request may result in additional charges, for which you are responsible.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ONSWELL NOR ANY PERSON ASSOCIATED WITH ONSWELL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ONSWELL NOR ANYONE ASSOCIATED WITH ONSWELL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ONSWELL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ONSWELL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, ONSWELL’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
Onswell is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.
You irrevocably agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. An arbitration decision may be confirmed by any court with competent jurisdiction.
WAIVER AND SEVERABILITY
By accepting our Terms and Conditions you accept to receive our Newsletter correspondence. You may unsubscribe at any time via the link at the bottom of our emails.
NOTICES AND CONTACT INFORMATION
YOUR COMMENTS AND CONCERNS
This website is operated by Onswell, LLC. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.
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