Keen Adventures, Inc.

Effective Date:  January 1, 2015

Scope and Acceptance of Terms: Welcome to Keen Adventures, Inc. The Keen Adventures websites (our “Websites”) is a service offered by Keen Adventures. Please read these Terms of Use carefully before obtaining any content, products or services through our Websites. By accessing, using or obtaining any content, products or services through our Websites, you agree to be bound by these terms and the terms of our privacy policy, which can be found here (http://keenadventures.com/privacy-policy/). You also agree to use our Websites in compliance with all applicable laws, rules and regulations. We have the right to update these terms at any time without notice to you by posting an updated Terms of Use on our Websites.

 

Additional Terms: Additional terms, including our Terms and Conditions for travel bookings, may apply when you book products or services with us, [or when you participate in contests, sweepstakes or other promotions]. Independent suppliers that we use, such as airlines and hotels, have their own policies and agreements.

 

Minors: Our websites are not directed to children under 18 (“Minors”), and we do not offer products or services for use by children. Minors are specifically prohibited from booking, purchasing and using any products or services available on our Websites [and from participating in any contests or other sweepstakes].

 

Responsible Party:

You agree to protect the secrecy of your username and password (“login information”) to access restricted portions of our Websites. You will be responsible, financially or otherwise, for all use of our Websites by you and anyone using your login information. You represent and warrant that all information that you submit to us about yourself and others, including name and email addresses, is true, valid and accurate, and that you have the right to give us such information.

 

Intellectual Property: All information, text, logos, images, graphics, software and other content that make up our Websites are the property of Keen Adventures, Inc. or its licensors and are protected by copyright, trademark, patent, trade secrets, unfair competition, and other U.S. and international laws, through the application of local laws or other treaties. Any unauthorized use, reproduction or modification of these Websites may violate such laws.

 

Use of Our Websites: Unless we grant you permission in advance and in writing, you may use our Websites only for your personal and non-commercial use, and you may not use the Websites to provide services to a third party. You may download, display or print one (1) copy of any portion of our Websites for your informational, personal and non-commercial use, provided that you retain all intellectual property (whether ours or one of our provider’s), including copyright and trademark, and other proprietary notices. Our copyright notice must be reproduced as follows: © 2014 Keen Adventures, Inc. – All Rights Reserved. Modification of the content on our Websites or use for any other purpose is a violation of our intellectual property and other proprietary rights. Unauthorized use of our trademarks, service marks or logos may be a violation of domestic and international intellectual property and other laws. Journalists and search engines may cite or refer to our Websites’ URLs without limitation.

 

Jurisdiction: We make no representation that the information on our Websites is suitable or available for use in all locations. Access to our websites from a territory where the content of our Websites does not comply with all laws of that territory is prohibited. Persons who choose to access our Websites do so on their own initiative and are responsible for compliance with applicable local laws.

 

Links to Our Websites: We welcome third party links to our Websites. Unless we agree in writing with you otherwise, you agree to comply with our linking policy as follows: (a) any link to our Websites must be in plain text and clearly marked “Keen Adventures, Inc. Websites,” (b) the link’s attributes may not present Keen Adventures in a false or negative light, or provide misleading or false information about our company, its Websites or services, (c) the link’s attributes may not create the false appearance that your organization or entity is sponsored or endorsed by, affiliated with, or associated with Keen Adventures, (d) the content of our Websites may not be replicated, framed or mirrored, (e) the copyright or other notices on this site may not be removed or obscured, (f) none of our trademarks may be used, and (g) we reserve the right to require you to remove the links to our Websites at any time and in our sole discretion.

 

Links to Third Party Websites: For your convenience, our websites contains links to third-party websites, including public forums (e.g., chat rooms, forums, message boards and/or news groups), that are not owned by or affiliated with us. These links do not constitute an endorsement of the linked websites or the products and/or services offered on those websites. We have no control over and are not responsible for the privacy practices or the content of such sites. These websites may or may not have a privacy policy. We encourage our users to contact those sites directly about their policies and privacy practices.

 

Disclaimer: All content on our websites is provided on an “AS IS” and “AS AVAILABLE” basis, and Keen Adventures, Inc. disclaims all warranties, express or implied (unless such warranties are incapable of exclusion under applicable law), including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any of the content made available through our Websites is accurate, complete, current, or reliable. You are responsible for verifying any information before relying on it. Although we make reasonable attempts to exclude viruses from our Websites, we do not warrant that the information or material accessible through our Websites is free of viruses, Trojan horses or other harmful contents or components.

 

Limitation of Liability: Your use of these Websites and its content is at your sole risk, subject to applicable law. Services and products made available on our Websites are subject to conditions imposed by our independent suppliers, including but not limited to tariffs, conditions or carriage, international conventions and arrangements, and federal government regulations. Any independent suppliers who furnish products or services through our Websites are independent contractors, and not agents or employees of Keen Adventures, Inc. You agree to assume any and all liability for use of the information and other material on our Websites. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KEEN ADVENTURES, INC. AND/OR ITS INDEPENDENT SUPPLIERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS OR USE OF OUR WEBSITES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF KEEN ADVENTURES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES.

 

Indemnification: You agreed to defend, hold harmless and indemnify Keen Adventures, Inc. and any independent supplier, and either of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including reasonable legal and accounting fees, in any action filed or commenced by a third party against Keen Adventures, Inc. arising out of or related to (1) your breach of these Terms of Use or the documents made part of these Terms by reference, (2) your violation of any law or rights of a third party, including intellectual property rights, or (3) your use of our Websites.

Violations: Keen Adventures, Inc. reserves the right to seek all remedies available at law and in equity for violation of this agreement, including the right to block access from a particular Internet address to our Websites.

Binding Arbitration: You agree that any dispute concerning, relating, or referring to our Websites shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Monument, Colorado, USA, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) State of Colorado law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.

 

Severability: If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.