Orbridge Terms and Conditions
Orbridge Terms and Conditions
ORBRIDGE, LLC ("Orbridge") PROVIDES YOU WITH ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING AND USING THIS SITE (the "Site"), YOU AGREE TO BE BOUND BY THE FOLLOWING SITE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE SITE TERMS, YOU MAY NOT USE THE SITE. HOWEVER, ANY PAYMENT TO ORBRIDGE, INCLUDING BUT NOT LIMITED TO DEPOSITS, CONSTITUTES YOUR ACCEPTANCE OF THESE SITE TERMS AND OTHER TERMS AND CONDITIONS IN THE SPECIFIC TOUR DOCUMENTS.
1. Related Policies and Terms: The Site Terms apply to your access to, and use of, this Site. Additional policies and terms, as well as separate agreements or documents between you and Orbridge, may apply to the purchase of certain products or services from Orbridge, whether or not through this Site.
Additional Terms and Conditions may apply to some expeditions and will be provided with pre-trip mailings.
The Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Orbridge for products, services, or otherwise, and in the event of any conflict between the Site Terms and any such other agreement, the terms of the other agreement shall control unless otherwise expressly provided in the other agreement.
Orbridge has adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. We encourage you to review the Privacy Statement section of the Site.
2. Modification of Site Terms: Orbridge reserves the right to change these Site Terms at our sole discretion at any time and from time to time. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last changed. Any changes or modifications will be effective upon posting of the revised Site Terms, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.
3. Right to Access Site: Orbridge grants you a limited right to use the Site for personal purposes only in connection with your use or possible use of Orbridge’s products and/or services. You may not use the Site or Site Materials (as defined below) for any other purpose, include, without limitation: (a) any resale or commercial use of this Site or any Site Materials; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any software code that runs or is available at the Site, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, transmitting any Site Materials (including any Orbridge trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. You may not use the Orbridge name, trademark, or product name, including in any meta tags or any other "hidden text," without our express written consent.
"Site Materials" means all materials on the Site, including, without limitation, trademarks design, content, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
We may terminate your right to use and access at any time for any reason, including if you make or permit any unauthorized use of this Site or if you violate any other provision of the Site Terms. Following termination, those terms and conditions of these Site Terms that would reasonably be expected to continue applying, including without limitation Sections 11 through 15, shall still apply.
4. Changes, Misprints and Error: Except to the extent limited by applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate. If we do not process an order for such reason, we will advise you that the order has been canceled and will either not charge you or will apply credit to the payment type used in the order.
5. Passwords and Security: If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. If the confidentiality of your account or password is compromised in any manner, you will notify Orbridge immediately. Orbridge reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating or suspending your account or your access to the Site, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, Orbridge may rely on the authority of anyone accessing your account or using your password and in no event will Orbridge be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Orbridge under this provision, (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password.
6. Provisions Relating to Travel Services
The provisions of this Section 6 apply to any travel services offered by Orbridge or any of its affiliates.
a. Rates: Program rates are based upon minimum participation levels, current airfares, tariffs, and currency values. While we do everything possible to maintain the listed prices, they are subject to change.
b. Registration, Deposits, and Final Payment: For all programs including extensions, a deposit of $850 per person per program, payable by check, money order, wire transfer, or major credit card is required at the time of booking to secure confirmation. Final payment including any extension(s) is payable by check, money order, or wire transfer ONLY and due at least 90 days prior to the scheduled program departure date. If your reservation is made less than 90 days prior to departure, the entire cost of the program is due at the time of registration by check, money order, or wire transfer ONLY. If final payments are not received at least 90 days prior to the scheduled program departure date, the booking will be subject to a 2% per week (or the maximum allowed by law, whichever is greater) late payment penalty and Orbridge reserves the right to cancel the booking at Orbridge's sole discretion.
c. Cancellations, and Refunds: All cancellations must be submitted to Orbridge in writing, and will be subject to a cancellation fee as follows: (a) if the cancellation notice is received by Orbridge 151 or more days prior to the scheduled departure date, the cancellation fee will be $500 per person/per program (including any extensions); (b) if the cancellation notice is received by Orbridge between 150 and 91 days prior to the scheduled departure date the cancellation fee will be $850 (forfeiture of the full deposit); (c) if the cancellation notice is received by Orbridge 90 or fewer days prior to the scheduled departure date, the cancellation fee will be the full program price. A 100% cancellation charge applies to all internal air canceled at any time prior to departure, where applicable. Refunds, if any due will be processed within 30 days of Orbridge receiving written cancellation.
d. Cancelled Programs. Orbridge reserves the right to cancel any program prior to departure for any reason whatsoever, including insufficient participation or logistical problems that may impede program operations. The refund of all program price payments received shall release Orbridge from any further liability. A program with insufficient participation would normally be cancelled a minimum of 90 days prior to departure. Orbridge makes substantial payments to its suppliers (hotels, transportation companies, etc) far in advance of the scheduled program departure date. If a program is cancelled due to force majeure (e.g. acts of God, war, labor strikes, earthquake, flooding, etc). Orbridge will promptly refund the portion of the program price not already advanced to suppliers and use its best efforts to recover and refund the balance as promptly as possible. However, Orbridge does not guarantee recovery of any or all of the advance payments made, and its use of best efforts to recover these payments will not include the institution of any legal proceedings in foreign jurisdictions outside of Washington State. Orbridge is not responsible for any expenses incurred by program participants in preparing for a cancelled program (e.g. non-refundable advance purchase air tickets, visa fees, medical expenses, equipment, etc.) or for any additional arrangements should the program participant have embarked prior to the scheduled group departure date.
e. Itineraries: Accommodations (hotel or vessel) and arranged excursions are subject to change at any time due to unforeseen circumstances or circumstances beyond Orbridge’s control. Every effort will be made to operate programs as planned, but alterations may occur after the final itinerary has been issued. Orbridge reserves the right to withdraw a program or any part of it, to make such alterations to the itinerary or program inclusions as it deems necessary or desirable, and to pass on to program members any expenditures or losses caused by delays or events beyond its control. Orbridge also reserves the right to withdraw or modify a program if required by the tour operator with whom Orbridge has contracted.
f. Not Included: Unless otherwise specifically noted in the itinerary, program prices do not include the following expenses, which if applicable are your responsibility: trip cancellation insurance and passenger travel protection plan; domestic, international, and internal airfares; transfers and luggage handling except in connection with scheduled group flights; costs associated with obtaining passports or entry visas; airport departure taxes; airline ticketing fees; airport transfers when arriving/departing on other than scheduled group dates; excess baggage charges; any new value added taxes or GST taxes added to program costs by foreign governments; gratuities to drivers, guides, or ship’s crew; meals and beverages other than those specified as being included free of charge in the itinerary; sightseeing not included in the itinerary; personal expenses such as laundry, communication charges and optional activities (which are subject to availability); and ship, air, or transportation fuel surcharges, if applicable.
g. Health and Fitness to Travel: Some active elements have been incorporated into the itinerary on programs. To enjoy the program as intended, a minimum level of fitness is required. You must be in good physical and mental health. You agree that you have no physical, mental or other condition of disability that would create a hazard for yourself or other passengers or otherwise negatively impact other passengers. Orbridge reserves the right to decline to accept anyone that it considers unsuitable due to fitness level. Orbridge also reserves the right to remove from the program, at the participant’s own expense, anyone whose condition is such that it could create a hazard to himself or herself or others, or otherwise impact the enjoyment of other passengers on the program. Any physical condition requiring special attention, diet, or treatment must be reported in writing when the reservation is made. Should you have any questions or need any clarification about a specific program, please ask for details at the time of registration.
h. Travel Advisories and Warnings: It is the responsibility of each guest to become informed about the most current travel advisories and warnings by visiting the U. S. State Department’s travel website at http://www.travel.state.gov or contacting the U.S. State Department directly. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the program, should the Guest choose to travel to the location anyway, without limiting any other liability exclusion provisions in these Terms, you assume all risk of personal injury, death or property damage that may arise out of the events that are the same or similar to those advised or warned against.
i. Baggage: Program rates include the handling of two pieces of baggage per person during the land or cruise program. Weight restrictions on some routes on internal air flights may apply. Your baggage and personal effects are at your own risk throughout the travel program. Please check with your international carrier for other baggage restrictions applicable to international flights.
j. Travel Documents: For U.S. citizens, valid passports are required for travel to foreign destinations and some countries require specific visas prior to entry. Check with Orbridge with any questions, but it remains your responsibility to verify that you have all the appropriate travel documents for your nationality and sufficient blank pages in your passport for visas and immigration stamps. Orbridge is not liable for any expenses or costs arising from a traveler being prohibited from entering a country scheduled to be visited on a program or from being prohibited reentry into the United States.
k. Travel Insurance: Orbridge strongly recommends that you purchase travel and cancellation insurance to protect yourself from unexpected circumstances that may cause you to cancel your trip. In addition, we recommend you consider obtaining a policy that will cover some of your losses associated with damage or loss of luggage or personal effects. If you do not have and are interested in travel and cancellation insurance please contact us immediately during registration.
l. Photos and Videos: Orbridge and its designated representatives or tour operators reserve the right to take photographs or videos during any program or tour and to use the resulting photography which may include images of you for promotional purposes.
m. Arbitration: Any controversy or claim arising out of or relating to any services or products offered or obtained through Orbridge, including without limitation any claim related to bodily injury, death or property damage, shall be settled by binding arbitration in Seattle, Washington in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy.
n. Responsibilities: Neither Orbridge, nor any of its respective employees, members, managers, shareholders, officers or directors (collectively, the "Orbridge Group") own or operate any entity which does or will provide goods or services for your program. Orbridge Group purchases transportation, hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers, all of whom are independent contractors. The Orbridge Group shall not be liable for any injury, expenses or costs arising from any services, or lack thereof, provided by any independent supplier or other third party, nor the standards of care which you experience when using those services. In addition and without limitation, the Orbridge Group shall not be liable for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services, including without limitation those whether resulting from acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft, vessels or other means of transportation or for failure of any means of transportation to arrive or depart on time. Dates, program details and costs, although given in good faith and based on tariffs, exchange rates and other information current at the time of printing, are subject to change at or before the time of departure. While we do not anticipate material revisions of the itinerary or its included features, we do reserve the right to substitute accommodations or modes of transportation and to make any changes in the itinerary where deemed necessary, and in that case any additional expenses will be paid by the individual guest. Where applicable, in no event shall the aggregate liability of the Orbridge Group (whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory) arising out of or relating to the use of services exceed the amount you actually paid Orbridge for the program or tour out of which the claim arose. Your baggage and personal effects are your sole responsibility at all times. There are many inherent risks in travel, which can lead to illness, injury, or even death. These risks are increased by the fact that some of the programs we book take place in remote locations, far from medical facilities. You assume all such risks associated with participating in this program.
7. Intellectual Property
a. Site Materials: Orbridge or its licensors (or other designated third parties) own all right, title and interest in the Site Materials, which are protected by United States copyright law and other intellectual property laws.
b. Software: Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you by Orbridge on a non-exclusive and limited basis for personal use only in connection with booking or possible booking trips offered through Orbridge. Orbridge shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
c. Trademarks: Orbridge is a trademark or registered trademark of Orbridge LLC. You may not use Orbridge or any mark including Orbridge or anything confusingly similar without Orbridge’s prior written permission. All other product and company names mentioned in this Site are or may be the trademarks of their respective owners.
d. Restrictions on Use: Except as permitted in the Site Terms, none of the Site Materials, Software or other intellectual property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Orbridge or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using the copied materials for informational and non-commercial, personal use only in connection with booking or possibly booking trips through Orbridge.
8. Hyperlinks
a. Links to the Site: You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray Orbridge or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Orbridge trademark, logo or other proprietary information, including the images found at this Site or any other Site Materials, without the express written consent of Orbridge. All other linking is prohibited without prior consent from Orbridge.
b. Third Party Links: The Site may contain links to third party web sites. These links to other web sites are provided as a courtesy. These linked web sites are not under the control of or affiliated with Orbridge, and Orbridge is not responsible for the availability, content or accuracy of any other web sites or any links contained at those sites, and the inclusion of any link does not represent or imply Orbridge’s endorsement of the linked site.
9. Submissions
a. Your Information: If you register on the Site, you agree that any information you provide to us will be current, accurate and complete.
b. Submissions: You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Orbridge, or postings on this Site ("Submissions") are non-confidential (except that certain personal information will be subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
c. Restrictions for Submissions: By using the Site, you agree not to do any of the following:
Upload or post to, distribute or otherwise publish through this Site any message, information, text or other material (collectively, "User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any User Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
Upload or transmit any User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Upload to, distribute or otherwise publish through this Site any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or
Disseminate or upload any harmful User Content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
d. Policies and Enforcement: All access to and use of this Site is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and User Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails, photographs or other communications. We may disclose such information to any third party, including law enforcement agencies, to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Orbridge has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Orbridge believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. Orbridge takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that may be contained in User Content.
e. Responsibility for Your Conduct: You remain solely liable for any User Content you upload, post or transmit to the discussion forums or interactive areas of this Site.
10. Children: This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.
11. Disclaimer: THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ORBRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS AVAILABLE ON THIS SITE. ORBRIDGE DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ORBRIDGE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL SITE MATERIALS, USER CONTENT, SOFTWARE AND OTHER DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Orbridge.
12. Limitation of Liability: IN NO EVENT SHALL ANY MEMBER OF THE ORBRIDGE GROUP BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR SOFTWARE CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ORBRIDGE GROUP (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE AMOUNT YOU ACTUALLY PAID ORBRIDGE FOR THE TRIP OR TOUR OUT OF WHICH THE CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification: You agree to indemnify and hold harmless the Orbridge Group from and against any claim, action, demand, loss, or damages (including attorneys' fees) arising out of or relating to your (or others using your login information) breach or violation of any provision of these Site Terms or any other agreement you may have with Orbridge.
14. Arbitration: Any controversy or claim arising out of or relating to this Site, the Site Terms, the User Content, or any services or products offered or obtained through this Site, including without limitation any claim related to bodily injury, death or property damage, shall be settled by binding arbitration in Seattle, Washington in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The decision of the arbitrator(s) shall be final and binding. This agreement to arbitrate does not waive or modify the waiver or the liability release contained in these Site Terms.
15. Applicable Law, Venue and Limitation of Actions: These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and entirely to be performed within Washington, without reference to its conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be settled by arbitration only Seattle, Washington as described in Section 14, and you hereby irrevocably and unconditionally consent and submit to such exclusive jurisdiction and venue.
16. Consent to Email Communication: When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site.
17. Legal Equivalency: This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
18. Severability: If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Waivers: No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
20. Contact Information: If you are experience difficulties in using the Site, please contact us:
1. By phone at 206-855-6929,
2. By e-mail at , or
3. In writing at Customer Service, Orbridge LLC, PO Box 10339, Bainbridge Island, WA 98110
© Orbridge LLC. ALL RIGHTS RESERVED. ORBRIDGE, ORBRIDGE DESTINATION SPECIALISTS, ORBRIDGE.COM and OBR are trademarks of Orbridge LLC. The trademarks of any supplier appearing in these materials are owned by each respective company. WAST# 602828994
5/12/2009
ORBRIDGE, LLC ("Orbridge") PROVIDES YOU WITH ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING AND USING THIS SITE (the "Site"), YOU AGREE TO BE BOUND BY THE FOLLOWING SITE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE SITE TERMS, YOU MAY NOT USE THE SITE. HOWEVER, ANY PAYMENT TO ORBRIDGE, INCLUDING BUT NOT LIMITED TO DEPOSITS, CONSTITUTES YOUR ACCEPTANCE OF THESE SITE TERMS AND OTHER TERMS AND CONDITIONS IN THE SPECIFIC TOUR DOCUMENTS.
1. Related Policies and Terms: The Site Terms apply to your access to, and use of, this Site. Additional policies and terms, as well as separate agreements or documents between you and Orbridge, may apply to the purchase of certain products or services from Orbridge, whether or not through this Site.
Additional Terms and Conditions may apply to some expeditions and will be provided with pre-trip mailings.
The Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Orbridge for products, services, or otherwise, and in the event of any conflict between the Site Terms and any such other agreement, the terms of the other agreement shall control unless otherwise expressly provided in the other agreement.
Orbridge has adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. We encourage you to review the Privacy Statement section of the Site.
2. Modification of Site Terms: Orbridge reserves the right to change these Site Terms at our sole discretion at any time and from time to time. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last changed. Any changes or modifications will be effective upon posting of the revised Site Terms, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.
3. Right to Access Site: Orbridge grants you a limited right to use the Site for personal purposes only in connection with your use or possible use of Orbridge’s products and/or services. You may not use the Site or Site Materials (as defined below) for any other purpose, include, without limitation: (a) any resale or commercial use of this Site or any Site Materials; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any software code that runs or is available at the Site, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, transmitting any Site Materials (including any Orbridge trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. You may not use the Orbridge name, trademark, or product name, including in any meta tags or any other "hidden text," without our express written consent.
"Site Materials" means all materials on the Site, including, without limitation, trademarks design, content, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
We may terminate your right to use and access at any time for any reason, including if you make or permit any unauthorized use of this Site or if you violate any other provision of the Site Terms. Following termination, those terms and conditions of these Site Terms that would reasonably be expected to continue applying, including without limitation Sections 11 through 15, shall still apply.
4. Changes, Misprints and Error: Except to the extent limited by applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate. If we do not process an order for such reason, we will advise you that the order has been canceled and will either not charge you or will apply credit to the payment type used in the order.
5. Passwords and Security: If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. If the confidentiality of your account or password is compromised in any manner, you will notify Orbridge immediately. Orbridge reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating or suspending your account or your access to the Site, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, Orbridge may rely on the authority of anyone accessing your account or using your password and in no event will Orbridge be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Orbridge under this provision, (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password.
6. Provisions Relating to Travel Services
The provisions of this Section 6 apply to any travel services offered by Orbridge or any of its affiliates.
a. Rates: Program rates are based upon minimum participation levels, current airfares, tariffs, and currency values. While we do everything possible to maintain the listed prices, they are subject to change.
b. Registration, Deposits, and Final Payment: For all programs including extensions, a deposit of $850 per person per program, payable by check, money order, wire transfer, or major credit card is required at the time of booking to secure confirmation. Final payment including any extension(s) is payable by check, money order, or wire transfer ONLY and due at least 90 days prior to the scheduled program departure date. If your reservation is made less than 90 days prior to departure, the entire cost of the program is due at the time of registration by check, money order, or wire transfer ONLY. If final payments are not received at least 90 days prior to the scheduled program departure date, the booking will be subject to a 2% per week (or the maximum allowed by law, whichever is greater) late payment penalty and Orbridge reserves the right to cancel the booking at Orbridge's sole discretion.
c. Cancellations, and Refunds: All cancellations must be submitted to Orbridge in writing, and will be subject to a cancellation fee as follows: (a) if the cancellation notice is received by Orbridge 151 or more days prior to the scheduled departure date, the cancellation fee will be $500 per person/per program (including any extensions); (b) if the cancellation notice is received by Orbridge between 150 and 91 days prior to the scheduled departure date the cancellation fee will be $850 (forfeiture of the full deposit); (c) if the cancellation notice is received by Orbridge 90 or fewer days prior to the scheduled departure date, the cancellation fee will be the full program price. A 100% cancellation charge applies to all internal air canceled at any time prior to departure, where applicable. Refunds, if any due will be processed within 30 days of Orbridge receiving written cancellation.
d. Cancelled Programs. Orbridge reserves the right to cancel any program prior to departure for any reason whatsoever, including insufficient participation or logistical problems that may impede program operations. The refund of all program price payments received shall release Orbridge from any further liability. A program with insufficient participation would normally be cancelled a minimum of 90 days prior to departure. Orbridge makes substantial payments to its suppliers (hotels, transportation companies, etc) far in advance of the scheduled program departure date. If a program is cancelled due to force majeure (e.g. acts of God, war, labor strikes, earthquake, flooding, etc). Orbridge will promptly refund the portion of the program price not already advanced to suppliers and use its best efforts to recover and refund the balance as promptly as possible. However, Orbridge does not guarantee recovery of any or all of the advance payments made, and its use of best efforts to recover these payments will not include the institution of any legal proceedings in foreign jurisdictions outside of Washington State. Orbridge is not responsible for any expenses incurred by program participants in preparing for a cancelled program (e.g. non-refundable advance purchase air tickets, visa fees, medical expenses, equipment, etc.) or for any additional arrangements should the program participant have embarked prior to the scheduled group departure date.
e. Itineraries: Accommodations (hotel or vessel) and arranged excursions are subject to change at any time due to unforeseen circumstances or circumstances beyond Orbridge’s control. Every effort will be made to operate programs as planned, but alterations may occur after the final itinerary has been issued. Orbridge reserves the right to withdraw a program or any part of it, to make such alterations to the itinerary or program inclusions as it deems necessary or desirable, and to pass on to program members any expenditures or losses caused by delays or events beyond its control. Orbridge also reserves the right to withdraw or modify a program if required by the tour operator with whom Orbridge has contracted.
f. Not Included: Unless otherwise specifically noted in the itinerary, program prices do not include the following expenses, which if applicable are your responsibility: trip cancellation insurance and passenger travel protection plan; domestic, international, and internal airfares; transfers and luggage handling except in connection with scheduled group flights; costs associated with obtaining passports or entry visas; airport departure taxes; airline ticketing fees; airport transfers when arriving/departing on other than scheduled group dates; excess baggage charges; any new value added taxes or GST taxes added to program costs by foreign governments; gratuities to drivers, guides, or ship’s crew; meals and beverages other than those specified as being included free of charge in the itinerary; sightseeing not included in the itinerary; personal expenses such as laundry, communication charges and optional activities (which are subject to availability); and ship, air, or transportation fuel surcharges, if applicable.
g. Health and Fitness to Travel: Some active elements have been incorporated into the itinerary on programs. To enjoy the program as intended, a minimum level of fitness is required. You must be in good physical and mental health. You agree that you have no physical, mental or other condition of disability that would create a hazard for yourself or other passengers or otherwise negatively impact other passengers. Orbridge reserves the right to decline to accept anyone that it considers unsuitable due to fitness level. Orbridge also reserves the right to remove from the program, at the participant’s own expense, anyone whose condition is such that it could create a hazard to himself or herself or others, or otherwise impact the enjoyment of other passengers on the program. Any physical condition requiring special attention, diet, or treatment must be reported in writing when the reservation is made. Should you have any questions or need any clarification about a specific program, please ask for details at the time of registration.
h. Travel Advisories and Warnings: It is the responsibility of each guest to become informed about the most current travel advisories and warnings by visiting the U. S. State Department’s travel website at http://www.travel.state.gov or contacting the U.S. State Department directly. In the event of an active State Department Travel Warning against travel to the specific destination location(s) of the program, should the Guest choose to travel to the location anyway, without limiting any other liability exclusion provisions in these Terms, you assume all risk of personal injury, death or property damage that may arise out of the events that are the same or similar to those advised or warned against.
i. Baggage: Program rates include the handling of two pieces of baggage per person during the land or cruise program. Weight restrictions on some routes on internal air flights may apply. Your baggage and personal effects are at your own risk throughout the travel program. Please check with your international carrier for other baggage restrictions applicable to international flights.
j. Travel Documents: For U.S. citizens, valid passports are required for travel to foreign destinations and some countries require specific visas prior to entry. Check with Orbridge with any questions, but it remains your responsibility to verify that you have all the appropriate travel documents for your nationality and sufficient blank pages in your passport for visas and immigration stamps. Orbridge is not liable for any expenses or costs arising from a traveler being prohibited from entering a country scheduled to be visited on a program or from being prohibited reentry into the United States.
k. Travel Insurance: Orbridge strongly recommends that you purchase travel and cancellation insurance to protect yourself from unexpected circumstances that may cause you to cancel your trip. In addition, we recommend you consider obtaining a policy that will cover some of your losses associated with damage or loss of luggage or personal effects. If you do not have and are interested in travel and cancellation insurance please contact us immediately during registration.
l. Photos and Videos: Orbridge and its designated representatives or tour operators reserve the right to take photographs or videos during any program or tour and to use the resulting photography which may include images of you for promotional purposes.
m. Arbitration: Any controversy or claim arising out of or relating to any services or products offered or obtained through Orbridge, including without limitation any claim related to bodily injury, death or property damage, shall be settled by binding arbitration in Seattle, Washington in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy.
n. Responsibilities: Neither Orbridge, nor any of its respective employees, members, managers, shareholders, officers or directors (collectively, the "Orbridge Group") own or operate any entity which does or will provide goods or services for your program. Orbridge Group purchases transportation, hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers, all of whom are independent contractors. The Orbridge Group shall not be liable for any injury, expenses or costs arising from any services, or lack thereof, provided by any independent supplier or other third party, nor the standards of care which you experience when using those services. In addition and without limitation, the Orbridge Group shall not be liable for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services, including without limitation those whether resulting from acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft, vessels or other means of transportation or for failure of any means of transportation to arrive or depart on time. Dates, program details and costs, although given in good faith and based on tariffs, exchange rates and other information current at the time of printing, are subject to change at or before the time of departure. While we do not anticipate material revisions of the itinerary or its included features, we do reserve the right to substitute accommodations or modes of transportation and to make any changes in the itinerary where deemed necessary, and in that case any additional expenses will be paid by the individual guest. Where applicable, in no event shall the aggregate liability of the Orbridge Group (whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory) arising out of or relating to the use of services exceed the amount you actually paid Orbridge for the program or tour out of which the claim arose. Your baggage and personal effects are your sole responsibility at all times. There are many inherent risks in travel, which can lead to illness, injury, or even death. These risks are increased by the fact that some of the programs we book take place in remote locations, far from medical facilities. You assume all such risks associated with participating in this program.
7. Intellectual Property
a. Site Materials: Orbridge or its licensors (or other designated third parties) own all right, title and interest in the Site Materials, which are protected by United States copyright law and other intellectual property laws.
b. Software: Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you by Orbridge on a non-exclusive and limited basis for personal use only in connection with booking or possible booking trips offered through Orbridge. Orbridge shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
c. Trademarks: Orbridge is a trademark or registered trademark of Orbridge LLC. You may not use Orbridge or any mark including Orbridge or anything confusingly similar without Orbridge’s prior written permission. All other product and company names mentioned in this Site are or may be the trademarks of their respective owners.
d. Restrictions on Use: Except as permitted in the Site Terms, none of the Site Materials, Software or other intellectual property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Orbridge or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using the copied materials for informational and non-commercial, personal use only in connection with booking or possibly booking trips through Orbridge.
8. Hyperlinks
a. Links to the Site: You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray Orbridge or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Orbridge trademark, logo or other proprietary information, including the images found at this Site or any other Site Materials, without the express written consent of Orbridge. All other linking is prohibited without prior consent from Orbridge.
b. Third Party Links: The Site may contain links to third party web sites. These links to other web sites are provided as a courtesy. These linked web sites are not under the control of or affiliated with Orbridge, and Orbridge is not responsible for the availability, content or accuracy of any other web sites or any links contained at those sites, and the inclusion of any link does not represent or imply Orbridge’s endorsement of the linked site.
9. Submissions
a. Your Information: If you register on the Site, you agree that any information you provide to us will be current, accurate and complete.
b. Submissions: You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Orbridge, or postings on this Site ("Submissions") are non-confidential (except that certain personal information will be subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
c. Restrictions for Submissions: By using the Site, you agree not to do any of the following:
Upload or post to, distribute or otherwise publish through this Site any message, information, text or other material (collectively, "User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any User Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
Upload or transmit any User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Upload to, distribute or otherwise publish through this Site any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or
Disseminate or upload any harmful User Content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
d. Policies and Enforcement: All access to and use of this Site is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and User Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails, photographs or other communications. We may disclose such information to any third party, including law enforcement agencies, to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Orbridge has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Orbridge believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. Orbridge takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that may be contained in User Content.
e. Responsibility for Your Conduct: You remain solely liable for any User Content you upload, post or transmit to the discussion forums or interactive areas of this Site.
10. Children: This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.
11. Disclaimer: THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ORBRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS AVAILABLE ON THIS SITE. ORBRIDGE DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ORBRIDGE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL SITE MATERIALS, USER CONTENT, SOFTWARE AND OTHER DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Orbridge.
12. Limitation of Liability: IN NO EVENT SHALL ANY MEMBER OF THE ORBRIDGE GROUP BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR SOFTWARE CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ORBRIDGE GROUP (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE AMOUNT YOU ACTUALLY PAID ORBRIDGE FOR THE TRIP OR TOUR OUT OF WHICH THE CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification: You agree to indemnify and hold harmless the Orbridge Group from and against any claim, action, demand, loss, or damages (including attorneys' fees) arising out of or relating to your (or others using your login information) breach or violation of any provision of these Site Terms or any other agreement you may have with Orbridge.
14. Arbitration: Any controversy or claim arising out of or relating to this Site, the Site Terms, the User Content, or any services or products offered or obtained through this Site, including without limitation any claim related to bodily injury, death or property damage, shall be settled by binding arbitration in Seattle, Washington in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The decision of the arbitrator(s) shall be final and binding. This agreement to arbitrate does not waive or modify the waiver or the liability release contained in these Site Terms.
15. Applicable Law, Venue and Limitation of Actions: These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and entirely to be performed within Washington, without reference to its conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be settled by arbitration only Seattle, Washington as described in Section 14, and you hereby irrevocably and unconditionally consent and submit to such exclusive jurisdiction and venue.
16. Consent to Email Communication: When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site.
17. Legal Equivalency: This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
18. Severability: If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Waivers: No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
20. Contact Information: If you are experience difficulties in using the Site, please contact us:
1. By phone at 206-855-6929,
2. By e-mail at , or
3. In writing at Customer Service, Orbridge LLC, PO Box 10339, Bainbridge Island, WA 98110
© Orbridge LLC. ALL RIGHTS RESERVED. ORBRIDGE, ORBRIDGE DESTINATION SPECIALISTS, ORBRIDGE.COM and OBR are trademarks of Orbridge LLC. The trademarks of any supplier appearing in these materials are owned by each respective company. WAST# 602828994
5/12/2009