Terms of Use

General Terms and Conditions – THE WELLNESS CONCIERGE dba OURWELL

‍Last Updated: 07/12/2024

These Terms of Conditions ("Terms of Use" or "Terms"), including any revised terms that we may post from time to time, state the terms and conditions under which WELLNESS CONCIERGE, LLC dba OURWELL and its various affiliates (collectively referred to herein as "OW," "we," "our," "us" and "Company") provide you and your family, friends and guests (collectively referred to herein as "you" and "your") with various services (the “Services”) and the agreement between you and us regarding your use of this website, our web application, and those Services (collectively referred to herein as the "Site"). BY ACCESSING, BROWSING, AND/OR USING OUR WEBSITE, WEB APPLICATION, AND/OR SERVICES ON THE WEBSITE, WEB APPLICATION, AND/OR THROUGH OUR CALL SERVICE CENTER, YOU ARE DEEMED TO ACCEPT THESE TERMS OF USE AND AGREE TO BE BOUND BY THESE TERMS OF USE WITH RESPECT TO THE USE OF OUR SERVICES, WEBSITE, WEB APPLICATION, AND/OR CALL SERVICE CENTER. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE OR DO NOT MEET THE USE REQUIREMENTS LISTED HEREIN, PLEASE DO NOT ACCESS, BROWSE, OR USE OUR WEBSITE, WEB APPLICATION, OR ANY SERVICES WE PROVIDE. ADDITIONALLY, IF YOU DO NOT MEET THE USE REQUIREMENTS LISTED HEREIN, NO SALE TRANSACTION SHALL BE DEEMED TO HAVE OCCURRED OR COMPLETED AND YOU SHOULD CONTACT THE COMPANY IMMEDIATELY FOR PURPOSES OF THE COMPANY PURSUING A REFUND ON YOUR BEHALF OF ANY PAYMENTS PREVIOUSLY MADE. 

‍OWNERSHIP OF OUR WEBSITE, WEB APPLICATION, AND PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS
‍The contents of the www.WELLNESSCONCIERGE.com website ("Site") are intended for the personal use of our users. The Site is owned and operated by the Company. All right, title, and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of the Company, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any content (including without limitation any software) available through the Site. Our Site is not to be used to distribute or transmit any content that infringes or violates another person's rights under copyright law.

‍OUR PRIVACY POLICY
‍The information that we obtain through your use of our Site, whether through the registration process or otherwise, is subject to the privacy policy posted on our Site ("Privacy Policy"). Our Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review our Privacy Policy before you use our services. If you are unwilling to accept the terms and conditions of our Privacy Policy, please do not use our services. You agree not to modify our services in any manner or form, or to use modified versions of our services, including (without limitation) for the purpose of obtaining unauthorized access to our services or portions of the services. You agree not to access our services by any means other than through the interface that is provided by us for use in accessing our services. Except as expressly provided in this Terms of Use, nothing contained in this agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppels or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.Your California Privacy RightsIf you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit: https://docsend.com/view/q337ab2nv2c92yfuCalifornia's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Web Application that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to thefuture@ourwell.com.

‍LIMITATIONS OF RESPONSIBILITY
‍OW sells vacation travel provided by third parties (each, a "Travel Supplier") that OW does not control. OW is not liable or responsible in any respect for breach of contract, any action or inaction, commission or omission whether intentional, negligent or otherwise, on the part of such third-party suppliers resulting in any loss, damage, delay or injury to you or your travel companions. Vacation itineraries, including changes after the sale, are the sole responsibility of the supplier. Furthermore, OW assumes no responsibility for overbooking, cancellation or delays by hotels, airlines, cruise lines, tour operators or ground transportation or other providers of service. In the event that a travel supplier declares bankruptcy, OW will not be held responsible. The travel vendor may or may not be required to refund paid fares. OW cannot be held financially responsible for any vendor that declares bankruptcy. You agree that OW is not responsible for any potential risks and hazards associated with travel. Assessed government or quasi-government fees and taxes are subject to change without notice at any time, and suppliers reserve the right to add a surcharge for these fees and taxes even if you have a confirmed booking under deposit or have made final payment. All surcharges will be automatically charged to your credit card or in the event of payment by check, you will be asked to immediately remit additional funds.

‍RULES AND RESTRICTIONS
‍By utilizing our Services, you hereby agree to the following:Your use of our Services is restricted to personal and non-commercial purposes.You must be at least 18 years old and possess the legal authority to enter into contracts.Your utilization of our Services must adhere to legal standards and comply with these Terms.All information provided by you must be accurate, current, and complete.If you have an account, you are responsible for safeguarding its information and any actions taken on your account, whether by you or others.When booking on behalf of others, you must obtain their authorization, inform them of applicable terms, and ensure their agreement to such terms.You are responsible for payments, change/cancellation requests, and all other booking-related matters.

‍PUBLICITY RELEASE 
‍OW desires to use and publicize your image and likeness for advertising, promotion, and other commercial and business purposes.  By agreeing to these terms and conditions, you are giving OW permission to use and publicize your image and likeness for advertising, promotion, and other commercial and business purposes.  You hereby irrevocably permit, authorize, grant, and license OW and its affiliates, successors, and assigns, and their respective licensees and advertising agencies, the rights to display, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, license, otherwise use, and permit the use of your image, likeness, and appearance, and all materials created by or on behalf of OW that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, any electronic advertising and promotional materials, and the website of OW and/or its affiliates, on any platform and for any advertising, public relations, publicity, and promotion of OW and its affiliates and their respective businesses, products, and services, without further consent from or royalty, payment, or other compensation to you.At times, OW may request and/or you may provide photographs and pictures, whether in print or digital form, to OW from your travels which were booked through OW.  By agreeing to these terms and conditions, you certify that you are the sole owner of, and are the sole owner of any copyright to, any photographs and/or pictures, whether in print or digital, that you provide to OW. By providing such photographs or pictures to OW, you thereby irrevocably permit, authorize, grant, and license OW and its affiliates, successors, and assigns, and their respective licensees and advertising agencies, the rights to display, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, license, otherwise use, and permit to use those photographs or pictures for advertising, public relations, publicity, and promotion of OW and its affiliates and their respective businesses, products, and services, whether by print or electronic means, without any further consent from or royalty, payment, or other compensation to you.To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world arising directly or indirectly from OW’s exercise of their rights pursuant to these Terms or the production, exhibition, exploitation, advertising, promotion, or other use of your photographs and pictures and your image or likeness, and whether resulting in whole or in part by the negligence of OW or any other person, covenant not to make or bring any such claim against OW and its affiliates, successors, and assigns, and forever release and discharge OW and its affiliates, successors, and assigns from liability under such claims.

‍BOOKING DETAILS
‍It is the responsibility of the recipient to verify accuracy of all reservation information contained on the booking confirmation. Names provided to OW must match legal names as they appear on your passport or government issued photo ID. OW must be notified immediately if any changes are necessary. Failure to advise OW in a timely manner may result in substantial penalties or inability to travel without recourse or refund.

‍OW TRAVEL DECLARATION
‍Due to the unique circumstances presented by COVID-19, travel procedures and requirements may be different than in the past. OW is committed to the well-being of our travelers, team members and partners. It is essential that we all stay informed and take personal responsibility during this time. By booking a reservation with OW, you hereby acknowledge and agree to this Travel Declaration. 

‍PRIOR TO TRAVEL
‍IT IS YOUR RESPONSIBILITY TO (A) VERIFY PASSPORT REQUIREMENTS, VISA ENTRY AND HEALTH AND OTHER REQUIREMENTS FOR ENTRY TO AND EXIT FROM EACH COUNTRY YOU AND YOUR TRAVEL COMPANIONS WILL ENTER AS PART OF THE PURCHASED TRAVEL PACKAGE, AND (B) TO OBTAIN SUCH UPDATED PASSPORTS, VISAS AND OTHER TRAVEL DOCUMENTS, AND TO MEET SUCH HEALTH AND OTHER COUNTRY TRAVEL REQUIREMENTS AS MAY IN EVERY CASE BE NECESSARY OR REQUIRED TO TRAVEL IN ACCORDANCE WITH THE PURCHASED TRAVEL PACKAGE (COLLECTIVELY, THE "TRAVEL REQUIREMENTS"). AS AN EXAMPLE AND WITHOUT LIMITATION TO ANY OTHER TRAVEL REQUIREMENTS, CERTAIN COUNTRIES REQUIRE U.S. CITIZENS' PASSPORTS TO EXPIRE NO LESS THAN SIX (6) MONTHS AFTER THE DATE OF THEIR SCHEDULED RETURN DATE FROM THAT COUNTRY. THIS SIX (6) MONTH EXPIRATION PERIOD MAY BE MORE OR LESS IN OTHER DESTINATIONS. IF YOU OR ANY OF YOUR TRAVEL COMPANIONS FAIL TO COMPLY WITH THE TRAVEL REQUIREMENTS, YOU AND/OR YOUR TRAVEL COMPANIONS WILL BE PREVENTED FROM, IN ADDITION TO OTHER RESTRICTIONS OR PENALTIES THAT MAY APPLY, (A) BOARDING ANY PLANE, SHIP OR OTHER MODE OF TRANSPORTATION, AND/OR (B) OTHERWISE TRAVELING TO YOUR DEPARTURE DESTINATION. IF SUCH WERE TO OCCUR, YOU BEAR SOLE AND FULL LIABILITY FOR SUCH FAILURE INCLUDING, WITHOUT LIMITATION, FORFEITING ANYTHING YOU PAID TO PURCHASE THE APPLICABLE TRAVEL PACKAGE. ANY TRAVEL INSURANCE YOU MAY HAVE PURCHASED IN CONNECTION WITH YOUR TRAVEL PACKAGE LIKELY DOES NOT COVER ANY LOSS DUE TO YOUR OR YOUR TRAVEL COMPANIONS' FAILURE TO COMPLY WITH THE TRAVEL REQUIREMENTS.TO DETERMINE THE TRAVEL REQUIREMENTS, U.S. CITIZENS MAY VISIT, AMONGST OTHER SOURCES, THE U.S. DEPARTMENT OF STATE WEBSITE OR CONTACT THE UNITED STATES' DEPARTMENT OF STATE DIRECTLY VIA PHONE. NON-U.S. CITIZENS MUST CHECK WITH THEIR INDIVIDUAL EMBASSY REGARDING PASSPORT, VISA AND IMMUNIZATION AND OTHER TRAVEL REQUIREMENTS.

‍TRAVEL DOCUMENTS
‍In the event that you receive travel related communications and/or travel documents from OW, please review them for accuracy. If any corrections or changes are required, contact OW immediately at thefuture@ourwell.com.

‍PAYMENT, CANCELLATION AND REFUND POLICIES
‍Prices for our Services may be adjusted at any time. Price changes will not affect bookings already accepted, except in cases of obvious error. We reserve the right to rectify any pricing errors listed on our Site. OW IS NOT REQUIRED TO GIVE REFUNDS OR REIMBURSE GUESTS FOR ANY AMOUNTS PAID TO OW, BUT MAY, IN OW'S SOLE OPTION, ISSUE TRAVEL VOUCHERS TO GUESTS. INTERRUPTION OR CANCELLATION REQUESTS FOR REFUNDS BY ANY GUEST AFTER THE SCHEDULED DEPARTURE DATE ARE NOT PERMITTED. NOTICE OF CANCELLATION MUST BE RECEIVED BY OW A MINIMUM OF 5 BUSINESS DAYS PRIOR TO SUPPLIER DEADLINES. All requests for refunds must be in writing to OW and mailed to 800 North State Street, Suite 402, Dover, DE 19901 or e-mailed to thefuture@ourwell.comAll types of travel tickets, transfer coupons and/or vacation package vouchers and other OW or supplier documentation must be returned to OW before a refund can be processed. Refund processing time is about two credit card billing cycles or approximately 8 weeks. For detailed information regarding the travel providers’ cancellation policies or terms and conditions, refer to the respective travel provider's website. Cancellation penalties are unique and determined by each supplier/travel provider. Penalties may begin at time of booking and are based upon the supplier/travel provider’s published rate before any adjustments. Certain exclusive promotions may follow a different penalty schedule than the supplier/travel provider’s standard policy. All notice of cancellation must be received by OW a minimum of 5 business days prior to supplier/travel provider deadlines.Your credit card or other authorized method of payment will be charged within 24 hours of your reservation or in accordance with the terms and conditions of the payment processor utilized by you. We rely on publicly available sources and current exchange rates to determine any currency conversion rates listed on our Site. The rates are provided solely for informational purposes. These rates may fluctuate between the time of booking and the actual travel date. We cannot guarantee the accuracy of these conversion rates as they are beyond our control. 

‍NO AUTOMATED QUERYING
‍You may not send automated queries of any sort to our Site without express permission in advance from us.

‍YOU AGREE NOT TO USE OUR SITE TO
‍Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose; disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; violate any law (whether local, state, national, or international), whether or not intentionally; forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; collect or store personal data about other users, including engaging in screen scraping collecting usernames, e-mail addresses, or other personally identifiable information of members by electronic, automated scripts or other means; engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law. If we believe that anyone has violated this provision or any other provision of these Terms of Use or otherwise violated the law, we retain the right to investigate and/ or pursue legal action against such person.

‍LINKS TO OTHER WEBSITES
‍A central part of our services includes links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websites.

‍YOUR CONTACT WITH ADVERTISERS OR THIRD-PARTY VENDORS
‍Your dealings with advertisers and third party vendors found on or through our services, including your participation in promotions, the purchase of goods, services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services or website that may be obtained from such third parties, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of our Site.

‍COMPLIANCE WITH LAWS
‍You agree to comply with all applicable laws regarding your use of our Site.

‍MODIFICATION TO OUR SERVICES
‍We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our services.

‍INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES
‍BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT: OUR SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR NEEDS.

‍LIMITATION OF LIABILITY
‍YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR OUR SERVICES INCLUDING, WITHOUT LIMITATION YOU OR ANY OTHER PERSON'S FAILURE TO COMPLY WITH ANY OF THE TRAVEL REQUIREMENTS. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED THE AMOUNT WE ACTUALLY RECEIVED IN THE APPLICABLE TRANSACTION, WHICH AMOUNT IS LIMITED TO COMMISSIONS, IF ANY, PAYABLE BY THE APPLICABLE TRAVEL SUPPLIERS TO US. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

‍INDEMNIFICATION OF OW
‍You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on our services, (b) your connection to our Site, (c) your violation of this these Terms of Use, (d) your violation of any rights of another party, or (e) your or any other person's failure to comply with the Travel Requirements.

‍LIMITATIONS OF ACTIONS BROUGHT AGAINST US
‍You agree that any claim or cause of action arising out of your use of our services or Site or these Terms of Use must be filed within the applicable statute of limitations for such a claim or cause of action or it shall forever be barred. Within this period, any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

‍AMENDMENT AND MODIFICATION
‍We may amend or modify these Terms of Use from time to time in our sole discretion. Each time changes are made to these Terms, a revised Terms of Use will be posted on our Site without notice to you. The revised Terms shall become effective immediately upon being posted on our Site. Any use of the Site by you after any amendments or modifications to these Terms of Use shall constitute your acceptance of the most current version of these Terms of Use. If you do not agree to any change to these Terms, you must discontinue using the services. Our travel agents and customer representatives are not authorized to modify any provision of these Terms, either verbally or in writing. 

‍ARBITRATION OF DISPUTES
‍The parties hereby agree that any action, dispute, claim, or controversy between or among you and us arising out of or in connection with your use of our services, Site, Call Service Center and/or these Terms of Use, whether sounding in contract, tort, or otherwise ("Dispute"), shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, AT THE SOLE DISCRETION OF THE COMPANY. In the event of any inconsistency between such Rules and these arbitration provisions, these provisions shall supersede such Rules. All statutes of limitations, which would otherwise be applicable shall apply to any arbitration proceeding described herein. In any arbitration proceeding subject to these provisions, the arbitrators are specifically empowered to decide (by documents only, or with a hearing, at the arbitrators' sole discretion) pre-hearing motions which are substantially similar to pre-hearing motions to dismiss and motions for summary adjudication. ANY ARBITRATION PROCEEDING SUBJECT TO THESE PROVISIONS SHALL BE CONDUCTED IN BROWARD COUNTY, FLORIDA. In the event that the Company elects to resolve any Dispute through arbitration, both parties agree that such final and binding arbitration shall be the EXCLUSIVE REMEDY in that Dispute. You understand and agree that by signing this agreement you EXPRESSLY WAIVE ANY RIGHT TO LITIGATE IN STATE OR FEDERAL COURT, TO PURSUE ADJUDICATION BY AN ADMINISTRATIVE AGENCY, OR TO UTILIZE ANY OTHER MEANS OTHER THAN FINAL AND BINDING ARBITRATION CONDUCTED IN THE MANNER PROVIDED IN THESE TERMS OF USE. Judgment upon the award rendered may be entered in any court of appropriate subject matter jurisdiction, which judgment may be domesticated in any jurisdiction for purposes of enforcement. The parties to these Terms of Use expressly subject themselves to the personal jurisdiction of any such court for the entry of any such judgment and for the resolution of any dispute, action or suit arising in connection with the entry of such judgment. Any Dispute subject to arbitration proceedings in accordance with these Terms of Use shall be decided by a majority vote of three arbitrators. The arbitrators shall have the power to award recovery of all costs and fees (including attorneys' fees, administrative fees, arbitrators' fees and court costs) to the prevailing party. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the below provision governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.

‍WAIVER OF CLASS ACTION
‍THESE TERMS OF USE PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON EACH PARTY'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST COMPANY WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION OF DISPUTES CLAUSE SET FORTH ABOVE.

‍VENUE AND JURISDICTION
‍OW POLICIES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. YOU AND OW AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OVER ALL DISPUTES HEREUNDER AND VENUE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF FLORIDA IN BROWARD COUNTY.YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN BROWARD COUNTY, FLORIDA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION.

‍FINAL PAYMENT AND ACCEPTANCE OF TERMS
‍I UNDERSTAND THAT SUBMISSION OF THIS FINAL PAYMENT SHALL CONSTITUTE MY ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED HEREIN. I UNDERSTAND AND AGREE THAT IF I FAIL TO ACCEPT THESE TERMS NO SALE TRANSACTION SHALL BE DEEMED TO HAVE OCCURRED OR COMPLETED AND THE COMPANY SHALL BE RELIEVED OF ANY RESPONSIBILITY TO PROVIDE ANY SERVICES. IF I DO NOT ACCEPT OR WISH TO BE BOUND BY THE TERMS AND CONDITIONS, I SHALL CONTACT THE COMPANY AND NOTIFY THEM IMMEDIATELY AND I SHALL BE ENTITLED TO A REFUND OF ANY PAYMENTS PREVIOUSLY MADE.

‍Attorneys' Fees and Costs
‍In the event of a legal action or other proceeding arising out of or in connection with your use of our services, Site, Call Service Center and/or these Terms of Use, regarding any alleged breach, default, claim, or misrepresentation arising out of such use, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, whether incurred before suit, during suit, or at the appellate level. The prevailing party shall also be entitled to recover any attorneys' fees and costs incurred in litigating the entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of attorneys' fees and costs due to it.

‍Recoverable Costs
‍The reasonable costs that the prevailing party shall be entitled to recover pursuant to the foregoing paragraph shall include any costs that are taxable pursuant to any applicable statute, rule, or guideline (including, but not limited to, the Florida Statewide Uniform Guidelines for Taxation of Costs), as well as costs not taxable thereunder. Such recoverable costs shall specifically include, but not be limited to, 1) costs of investigation; 2) costs of copying documents and other materials, whether for discovery, filing with the court, internal review, or any other purpose; 3) costs for electronic discovery; 4) Westlaw, Lexis Nexis, or other electronic research service charges; 5) telephone charges; 6) mailing, commercial delivery service, and courier charges; 7) travel expenses, whether for investigation, depositions, hearings, trial, or any other purpose; 8) information technology support charges; 9) any and all consultant or expert witness fees, whether or not such fees are incurred in connection with a court-ordered report or testimony at a deposition, hearing, or trial; 10) court reporter and transcript fees, whether for deposition, trial, or an evidentiary or non-evidentiary hearing; 11) mediator fees; and 12) any other reasonable cost incurred by the prevailing party in connection with the dispute.

‍Excursions 
‍In certain instances, you may purchase guided tours ("Guided Tours") from OW, wherein OW shall be the supplier and/or operator of the Guided Tour instead of a Travel Supplier. The Guided Tours that you may purchase from OW may include, but are not limited to, tours involving motor coaches and/or buses, certain physical activities, experiences, and/or attractions (collectively "Excursions"). Excursions may include, but shall not be limited to, hiking, prolonged walking, and/or prolonged exposure to heat, sunlight, humidity, etc. To enjoy an Excursion as intended, a minimum level of health and/or fitness  may be required. By signing up for any Excursion(s), you hereby acknowledge and agree that you are fit for such Excursion, that you are prepared to experience the prolonged exposure to the elements, if applicable, and that you have provided notice to OW if you have any physical condition, physical disability, mental disability, and/or ailment that may potentially prevent you from participating or make it difficult for you to participate in an Excursion or create a hazard to himself, herself, or to other members of the Excursion group. You are solely responsible for ensuring that: (i) all individuals on your reservation participating in an Excursion are medically cleared and physically capable of participating; and (ii) any and all conditions are disclosed to OW that may potentially prevent a participant from participating in an Excursion. Certain Excursions may have conditions that may require you to produce a doctor's certificate to OW prior to travel and/or prior to the beginning of the Excursion. OW is not required, but in its sole and absolute discretion, will make reasonable efforts to accommodate a disability-related request for accommodation. However, if OW, in its sole and absolute discretion, is unable to properly accommodate you, or OW believes that your or any other participant's health and safety may be compromised, OW reserves the right to refuse participation. By signing up for any Excursion, you represent that neither you nor anyone travelling with you has any condition that could create a hazard to himself or herself or other members of the Excursion group and/or Guided Tour. OW reserves the right to remove from the Excursion, Guided Tour, and/or trip, at your own expense, any participant whose physical condition, mental condition, or conduct (i) negatively impacts the enjoyment of the other participants, (ii) creates a hazard to himself or herself or other members of the Excursion group and/or Guided Tour, or (iii) disrupts the Excursion and/or Guided Tour. Neither OW its affiliates or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents and assigns (collectively the “OW Parties”), owns or operates any entity which is to or does provide goods or services for an Excursion, with the exception of a limited number of vehicles. All such persons and entities are independent contractors. As a result, the OW Parties are not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, the OW Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to 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 or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.Excursions are a form of adventure travel. You acknowledge that there are many inherent risks in adventure travel and Excursions, which can lead to illness, injury, or even death and assume these risks. Such risks are increased by the fact that certain Excursions take place in remote locations, far from medical facilities. Additionally, if you decide to participate in an Excursion involving physical activities that includes, but is not limited to, animals, riding on animals, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, zip lining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any other activity which OW considers to carry inherent risks of serious illness, injury or death, then you fully understand and acknowledge that such activities carry with them various inherent risks, including serious illness, injury or death. By signing up for any such Excursion, you are expressly acknowledging this risk and are waiving any claims against any OW Parties. You acknowledge and expressly agree that your participation in any Excursion evidences that you agree to take complete responsibility for your own health and safety and you agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any such activities and agree to release the OW Parties from any liability whatsoever related thereto. Although each participant assumes all risks associated with participating in any Excursion, you acknowledge and agree, on behalf of yourself and those you are traveling with, that you will abide by and comply with any and all verbal and written directions, rules, policies, and/or procedures (regarding an Excursion are provided by OW. You acknowledge and agree that any failure to comply with any such rules or directions shall be deemed to be conduct that negatively impacts the enjoyment of the other participants, disrupts the Excursion, and/or creates a hazard to yourself or the other members of the Excursion. As such, OW reserves the right to remove from the Excursion, Guided Tour, and/or trip, at your own expense, you or any participant in your travel group that fails to comply with these Terms.Further, as consideration for being permitted to participate in an Excursion, you release the OW Parties, from, and agree not to sue or make claim against the OW Parties for, any claims, losses, damages, actions, whether known or unknown, arising out of or relating to property damage, cancellation or termination of any Excursion  for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in any Excursion and any activity related thereto, including transportation to and from the site of an Excursion, regardless of whether such property damage, illness, personal injury, or death results from the negligence of the OW Parties and/or from any defect in equipment. You further agree to indemnify and hold the OW Parties harmless with respect to any claim made against the OW Parties by anyone else which (a) related to your participation in any Excursion, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the OW Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.Unless noted on an itinerary or expressly provided by OW, there is no minimum age that is required to participate in an Excursion. If a child under the age of eighteen (18) ("Child") is participating in an Excursion, the Child must be accompanied by an adult and the adult is fully responsible for the Child during such Excursion and acknowledges all of these terms on behalf of such Child by signing the Child up for the Excursion. A parent and/or guardian that is participating in an Excursion with a Child is recommended to carry documentation that proves their relationship to the Child (e.g., birth certificate) and evidence that they have permission to travel with the child (e.g., consent letter). Individuals that are participating in an Excursion with a Child that is not related to the individual are recommended to carry documentation which provides evidence that the individual has permission to travel with the Child. Participants are advised to check with the appropriate government authority.

‍FORCE MAJEURE
‍The OW Parties are not responsible for any Force Majeure Events. "Force Majeure Events" means any unusual and unforeseeable circumstances beyond the control of any OW Party including, but not limited to: (a) acts of God; (b) flood, fire, earthquake, drought, or other potential disasters or catastrophes or explosion or adverse weather conditions; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms of Use; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) technical problems with transport, machinery or equipment; (j) pandemics, epidemics or outbreaks of illness; and (k) other events beyond the control of any OW Party. 

‍ENTIRE AGREEMENT
‍These Terms constitute the entire agreement between you and use with respect to our Services. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about our Services.

‍THIRD-PARTY RIGHTS
‍Except as otherwise stated herein, we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms.  No third party’s consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to the rights of third parties to enforce any part of these Terms. 

‍SURVIVAL OF OBLIGATIONS
‍Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.  right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

10. Contact Us

If you have any questions about these Terms, please contact us at thefuture@ourwell.com
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