Terms and Conditions

AGREEMENT BETWEEN USER AND ADTRAV

ADTRAV Corporation (d/b/a ADTRAV Travel Management, Adventure Travel, The River Cruise Authority, and RezDesk, as the case may be) (“ADTRAV,” “we,” “us” or “our”) operates https://www.adtrav.com/, https://adventuretravel.com/, https://therivercruiseauthority.com/, https://www.rezdesk.com, https://app.rezdesk.com, and any other website linking to these Terms and Conditions (collectively, the “Website”) to provide current and potential customers information about the products we offer. Please use the Website to obtain information and demonstrations, contact us, or purchase our products.

Please read these Terms carefully before registering with, accessing or using the Website. Along with these Terms, please read our Privacy Statement, which is hereby incorporated and made part of these Terms.

By using the Website, you indicate your acceptance of these terms and conditions (these “Terms”). If you do not agree with the Terms, do not use, access or otherwise interact with the Website. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

ADTRAV reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website. Any changes to these Terms will become effective upon posting of revised terms.

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites that are not controlled by us (each, a “Linked Site”). The Linked Sites are not under the control of ADTRAV and ADTRAV is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ADTRAV is not responsible for webcasting or any other form of transmission received from any Linked Site. ADTRAV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ADTRAV of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ADTRAV Website, you warrant to ADTRAV that you will not use the ADTRAV Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ADTRAV Website in any manner which could damage, disable, overburden, or impair the ADTRAV Website or interfere with any other party’s use and enjoyment of the ADTRAV Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ADTRAV Websites.

You may not (i) decompile, disassemble, or reverse engineer the Website or any portion thereof; (ii) attempt to gain unauthorized access to the Website, any portion thereof, including content accessible via the Website, or any other system or platform through the Website; (iii) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any content on the Website; or (iv) reverse look up, trace or seek to trace any information on any other user of or visitor to the Website to its source.

You will not use the Website to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.

ACCEPTABLE USE

The Website is for your personal, non-commercial and lawful use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Website or any content, information, software, products or services obtained from the Website, for any commercial purpose or enterprise. You may not use the Website, or any content within the Website, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes the rights of ADTRAV or other individuals or entities.

Subject to your compliance with these Terms, you may access the Website and display and use the content made available via the Website, and, subject to any expressly stated restrictions or limitation relating to specific material on the Website, electronically copy or download onto your device or other technology used to access the Website, strictly for your personal, non-commercial, lawful use. If you make any other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

ACCOUNTS

You may choose to set-up an account with us. Depending on the circumstances, you may set up an account with us as an Individual User or Referred User, as defined in the Privacy Statement. If you set-up an account with us, then you represent to us that the information you provides us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times.

Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account. You are responsible for maintaining the confidentiality of your account information, including, but not limited to, account password and restricting access to your mobile device and/or account. You are responsible for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of their account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us if you desire to cancel your account on the Website. You may not use anyone else’s password or account at any time on the Website. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Website if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

MATERIALS PROVIDED TO ADTRAV OR POSTED AT ANY ADTRAV WEBSITE

ADTRAV does not claim ownership of the materials you provide to ADTRAV (including feedback and suggestions) or post, upload, input or submit to any ADTRAV Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ADTRAV, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ADTRAV is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ADTRAV’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

WARRANTY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ADTRAV WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADTRAV AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ADTRAV WEBSITE AT ANY TIME.

ADVICE RECEIVED VIA THE ADTRAV WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ADTRAV AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ADTRAV WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ADTRAV AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ADTRAV DOES NOT WARRANT THAT: (i) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE INFORMATION ON THE WEBSITE WILL MEET YOUR REQUIREMENTS (iii) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIABILITY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADTRAV AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 THE USE OR PERFORMANCE OF THE ADTRAV WEBSITE, WITH THE DELAY OR INABILITY TO USE THE ADTRAV WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ADTRAV WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ADTRAV WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADTRAV OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ADTRAV WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ADTRAV WEBSITE.

TERMINATION/ACCESS RESTRICTION

ADTRAV reserves the right, in its sole discretion, to terminate your access to the ADTRAV Website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, these Terms are governed by the laws of the State of Alabama, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Alabama, U.S.A. in all disputes arising out of or relating to the use of the ADTRAV Website. Use of the ADTRAV Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ADTRAV as a result of these Terms or use of the ADTRAV Website. ADTRAV’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of ADTRAV’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ADTRAV Website or information provided to or gathered by ADTRAV with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified herein, these Terms constitute the entire agreement between the user and ADTRAV with respect to the ADTRAV Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ADTRAV with respect to the ADTRAV Website.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English.

You are responsible for complying with your country’s foreign export controls and for violation of such controls, including United States export control laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

COPYRIGHT AND TRADEMARK NOTICES; INTELLECTUAL PROPERTY

All contents of the ADTRAV Website, including but not limited to designs, text, graphics, images, video and audio content, interfaces, code and software, and the selection and arrangement of such content, is the property of ADTRAV and is protected globally by copyright, trademark and other applicable laws.

You acknowledge and agree that the Website provided under limited license and access rights and not sold to you. You do not acquire any ownership interest in the Website under these Terms, or any other rights thereto other than to use the Website in accordance with the limited license and rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. The Website and all content and materials on the Website, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Website, trademarks and logos, audio and video clips, are owned by, or licensed to, ADTRAV. ADTRAV and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Website, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason, including, without limitation, by making the Website available on a network where it is capable of being accessed by more than one device at a time.

VULNERABILITY MONITORING: PUBLIC DISCLOSURE PROGRAM

Vulnerability monitoring helps ensure potential vulnerabilities in our system are identified and addressed in a timely fashion. ADTRAV authorizes organizations acting in good-faith to conduct vulnerability research, only if such organization promptly discloses all discovered vulnerabilities to ADTRAV and holds all research findings in strict confidence for 30 calendar days after reporting the findings or ADTRAV provides a release in writing. ADTRAV reserves the right to notify the organization, in writing, to extend the confidentiality period by an additional 30 calendar days if the vulnerabilities previously disclosed require additional time to remediate.

If you would like to report any findings, please contact us at privacy@adtrav.com.

COPYRIGHT

If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Website, please contact us using the information in the “Service Contact” section below.

SERVICE CONTACT

If you have questions or concerns, you may contact us at webmaster@adtrav.com.

Updated: 10-18-21