Owner & Tour Coordinator
Owner & Tour Coordinator
Portions of the CosmosDayTours.com website (the “Website” or “Site”) related to tours and bookings are not open to the public and may only be accessed by those invited guests who agree to be bound by the terms of this agreement (“Agreement”). By clicking the “I AGREE” icon below, you are manifesting your assent and agree to be bound by the terms of this Agreement.
In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material.
Indemnification/Waiver of Certain Rights.
Waiver of Claims and Remedies.
Investigation/Right to Purge Postings.
DISCLAIMER OF WARRANTIES.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES, OR THE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF CONSORTIUM, DAMAGE TO PROPERTY, EMOTIONAL DISTRESS, LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, INFORMATION ABOUT TOUR AND TRAVEL, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY WINE OR OTHER GOODS, SERVICES, TOURS OR TRAVEL BOOKED, RESERVED OR PURCHASED THROUGH THE SITE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, OUR RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, OR FOR ANY WINE OR OTHER GOODS, SERVICES, TOURS OR TRAVEL BOOKED, RESERVED OR PURCHASED THROUGH THE SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Some of the limitations of liability may not be enforceable in some states. This Agreement shall be severable so that if any limitations of liability are voided, the remainder of this Agreement shall remain binding.
Complete Agreement/No Representations.
As set forth in section 10, it is not our intention to make any legal representations or warranties about this Website, either expressly or by implication. The terms of this Agreement are intended to supersede anything else that appears on this Website, now or in the future. So that there is no misunderstanding, by entering into this Agreement you agree that, except as provided in section 13, nothing posted on this Website or otherwise communicated to you shall in any way modify or vary the terms of this Agreement.
Periodic Revisions and Amendments.
Representations, Warranties, Indemnification, Assumption of Risk, Jurisdiction and Dispute Resolution.
You agree to indemnify and hold us and our respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives (collectively the “Released Parties”), harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Site, (ii) your use of the Site, (iii) any user content posted, uploaded or transmitted by you, (iv) your use or distribution of any user content, (v) your violation of this Agreement, (vi) any use of your username or password by you or any third party, or (vii) the infringement or other violation of any intellectual property or other right of any person or entity.
You understand, acknowledge and agree that We do not screen users of the Site for safety. We do not conduct any background checks, evaluations or inspections of any nature whatsoever.
You understand, acknowledge and agree that using our tour services involves risks such as, but not limited to, the following: THE RISK OF PROPERTY DAMAGE, SERIOUS BODILY INJURY, AND POSSIBLE DEATH. You are aware that there are significant risks involved in all aspects of tour and travel.
With full knowledge of the risks of touring and traveling, which constitute an inherently dangerous activity, you expressly assume those risks and release us and the Released Parties from and against all liability for touring and travel. In consideration of the above-mentioned risks and hazards and in consideration of the fact that you are willingly and voluntarily participating in touring, travel and related activities, you hereby RELEASE and forever discharge Us and the Released Parties and agree NOT TO SUE them on account of or in conjunction with any liability, claims, causes of action, injuries, damage, costs or expenses, which are related to, arise out of, or are in any way connected with your participation in touring, travel and related activities, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. This Agreement shall be binding upon your successors, representatives, heirs, executors, assigns, transferees and yourself. If any portion of this Agreement is held invalid, you agree that the remainder of this Agreement shall remain in full legal force and effect. You waive the protection afforded California Civil Code Section 1542 which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” The undersigned waives Section 1542 and any statute or law in any jurisdiction including whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.
YOU EXPRESSLY ASSUME ALL RISKS THAT ARISE OUT OF THE USE OF THIS SITE, TOURING AND TRAVEL, THE ACT OR ACTS OF OTHERS RELATED TO TOURING OR TRAVEL OR THE USE OF THE SITE, OR THE UNAVAILABILITY OF EMERGENCY CARE, including, but not limited to, those RISK FACTORS discussed above. By using the Site, you willingly assume full responsibility for the risks that you are exposing yourself to and accept full responsibility for any injury or death, including your own, that may result from participation in any tour or travel. You are voluntarily participating in touring and travel with knowledge of the dangers involved and agree to accept any and all risks of damage, injury, or death.
By using the Site, you explicitly represent and warrant to Us that:
You agree to indemnify and hold us and the Released Parties harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any user of the Site or our tour or travel services or any third party due to, arising out of or related to breach of any representation or warranty.
All disputes arising out of or relating in any way to this Agreement or our ownership, operation or maintenance of this Website shall be resolved exclusively in the appropriate state or federal court where subject matter jurisdiction is otherwise proper in Contra Costa County, California. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of California as applied to transactions entered into and to be performed wholly within California between California residents. In the event of any breach of this Agreement, you agree that, notwithstanding any other provision of law, we shall be entitled to obtain preliminary injunctive relief enforcing the terms of this Agreement.
By clicking the “I AGREE” icon below, you are expressly agreeing to the representations, warranties, assumptions of risk, indemnities, waivers, releases jurisdiction and dispute resolution procedures set forth in this Section 14. By clicking the “I AGREE” icon below, you understand and agree that you are knowingly giving up valuable legal rights which you might otherwise possess.
Compliance with Law.
You have read and understood the foregoing Agreement, including the provisions regarding the assumption of risk and release of liability, and understand that by clicking your assent it obligates you to indemnify the parties named for any liability for injury or death of any person and damage to property caused by your use of the Site. You understand that by agreeing to this agreement you are waiving valuable legal rights.
TO GAIN ACCESS TO THE RESTRICTED PORTIONS OF THIS SITE, CLICK HERE TO MANIFEST YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. BY SIGNIFYING YOUR ASSENT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THE AGREEMENT.