Thank you for visiting Downunder Journeys / Active Journeys LLC web site “downunderjourneys.com” (the "Site"). In return for gaining access to the Site and using it, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site.
Downunder Journeys / Active Journeys LLC reserves the right to change this Agreement and to make changes to any of the products or programs described in the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the Site to review the then current Agreement that binds you.
Downunder Journeys / Active Journeys LLC also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. Downunder Journeys / Active Journeys LLC enters into agreements with third parties from time to time to provide our customers with the opportunity to obtain special services, products or prices offered by the third party. You will not be deemed to be violating this agreement when acting in accordance with the terms and conditions of any such program. Likewise, the terms and conditions in this agreement will be considered broadened to the extent needed to permit such third parties to operate within the terms of a written agreement they have entered into with us. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.
Your representations and warranties
By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You accept financial responsibility for all use of the Site under your name or account, including without limitation all uses of your account by others, including minors living with you. You may allow other members of your household to use the Site under your name or account only if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You further agree to supervise all minors who use the Site under your name or account. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.
Your indemnity obligation
You agree to indemnify, defend, and hold harmless Downunder Journeys / Active Journeys LLC and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.
Limitations on your use
Downunder Journeys / Active Journeys LLC provides the Site solely to permit you to determine the goods and services offered on the Site and to make legitimate reservations or otherwise transact business with Downunder Journeys / Active Journeys LLC, and for no other purposes. The Site is for your personal, non-commercial use. You agree that you will use the Site's services only to make legitimate reservations or purchases for you or for another person for whom you are authorized to act both legally and under the terms of this Agreement.
You agree that without limitation you shall not make any false reservation or any reservation in anticipation of demand. You agree to abide by the terms and conditions of purchase Downunder Journeys / Active Journeys LLC imposes including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of fares, products, or services. You are completely responsible for all assessments, charges, duties, fees, and taxes arising out of your use of the Site.
You agree that you will not Misuse the Site. "Misuse" includes, but is not limited to, using the Site to do any of the following:
Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance. Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to rights of privacy and publicity. Download or upload files that may damage the operation of another's computer, such as computer viruses, corrupt files, or similar software. Download or upload files that contain materials, including but not limited to software that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights. Misrepresent or omit the origin or source of any file you download or upload. Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.
Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.
Engage in any commercial purpose including but not limited to:
Advertising or offering to sell any goods or services. Conducting contests or surveys. Distributing chain letters, or advertising with respect to any Ponzi scheme or pyramid scheme. Advertising or offering to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities. Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to Downunder Journeys / Active Journeys LLC. Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site. Upload, download, or otherwise export or re-export software from the Site: (1) to a national or resident of or into any country the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (3) to anyone on the U.S. Commerce Department's Table of Denial Orders. Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site. Monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device, without first obtaining Downunder Journeys / Active Journeys LLCs' prior written consent.
Act as an agent or attorney in fact for any person who is not:
A member of your immediate household; or
Your direct supervisor at your place of employment.
Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure.
Engage in any other conduct that is, or that Downunder Journeys / Active Journeys LLC deems to be, in conflict with this Agreement. Downunder Journeys / Active Journeys LLC forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an unauthorized use of the Site. No warranty by Downunder Journeys / Active Journeys LLC
The Content may contain inaccuracies and/or typographical errors. Downunder Journeys / Active Journeys LLC may alter, change or improve the Content at any time and without notice Downunder Journeys / Active Journeys LLC makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. Downunder Journeys / Active Journeys LLC make no representations about the Content's suitability for any purpose.
YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL DOWNUNDER JOURNEYS / ACTIVE JOURNEYS LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DOWNUNDER JOURNEYS / ACTIVE JOURNEYS LLC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Downunder Journeys / Active Journeys LLC neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. Downunder Journeys / Active Journeys LLC shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site. Because Downunder Journeys / Active Journeys LLC provides services and products in many parts of the world, the Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that Downunder Journeys / Active Journeys LLC offers or intends to offer those goods, products, and/or services in all locations.
Use of information you provide Downunder Journeys / Active Journeys LLC
Consistent with the Downunder Journeys / Active Journeys LLC privacy policy, we ask you to provide us with certain information when you purchase travel or when you take advantage of certain personalized services. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our privacy policy. To review our privacy policy click the "Privacy Policy" link at the bottom of any page.
Links to other sites and to the Site
The Site may provide hyperlinks or references to other sites. While Downunder Journeys / Active Journeys LLC endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Downunder Journeys / Active Journeys LLC provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties. Downunder Journeys / Active Journeys LLC specifically denies you permission to hyperlink or provide references to the Site, unless you are allowed to do so under a separate written agreement with Downunder Journeys / Active Journeys LLC. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement with Downunder Journeys / Active Journeys LLC. Downunder Journeys / Active Journeys LLC bears no responsibility for sites that provide hyperlinks or references to the Site unless those sites are operated by Downunder Journeys / Active Journeys LLC.
Your communication with Downunder Journeys / Active Journeys LLC will be treated as confidential including any communications you send to us by electronic mail or otherwise.
Downunder Journeys / Active Journeys LLC reserves the right to remove at will and without notice any content on the Site
Forum for actions, governing law, and procedural restrictions
You agree that this Agreement is made and entered into in Arlington County, Virginia. You agree that Virginia law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Arlington County, Virginia. You agree and understand that you will not bring against Downunder Journeys / Active Journeys LLC, or any of their affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.
Other Terms
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
Any failure of Downunder Journeys / Active Journeys LLC to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.
