The following terms and conditions (the “Agreement”) govern all use of the midcurrent.com website (the “Site”) and the products and services available at the Site (taken together with the Site, the “Service”).
AGREEMENT BETWEEN CUSTOMER AND MIDCURRENT
This Site is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms “we”, “us”, “our” and “MidCurrent” refer to MidCurrent LLC, a Florida corporation. The term “you” refers to the customer visiting the Web site and/or booking a reservation through us on this Web site, or through our customer service agents.
USE OF THE WEB SITE
Some aspects of the Service also allow and relate to booking and scheduling various activities, experiences, and adventures. The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by MidCurrent. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SERVICE. MidCurrent reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Certain services available at the Site may be subject to additional terms and conditions. To the extent such terms and conditions conflict with this Agreement, such additional terms and conditions shall control.
Subject to the terms and conditions of this Agreement, the services provided in connection with the Service are solely for User’s personal use. The Service is owned and operated by MidCurrent LLC (“MidCurrent”). MidCurrent may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. MidCurrent may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
As between the parties, MidCurrent shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. MidCurrent reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any MidCurrent server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or MidCurrent’s systems or networks, or any systems or networks connected to the Service or to MidCurrent.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement. User shall not engage in any activities, including but not limited to posting, publishing or transmitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are obscene, pornographic or offensive or otherwise deemed by MidCurrent, in its sole discretion, to be inappropriate for distribution; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another’s rights, including any intellectual property, privacy or publicity rights; (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (viii) use the Service for, as a part of, or in connection with any illegal purpose whatsoever.
3. Booking with MidCurrent.com
Midcurrent.com allows Users to book activities, adventures, and experiences (each an “Experience”) with independent activity providers, tour operators, hotels and other suppliers (each a “Merchant”). When booking an Experience, User will have to provide certain identifying information (such as telephone number or email address) that will be used by the Merchant to confirm User’s identity prior to participation in the Experience. Once booked, the independent service operator will provide User with an e-mail confirmation. Other uses of User information may include, but are not limited to, responding to requests for certain services, customizing the content you see, and communicating with you about new services.
For security purposes, a Merchant may require that User present a valid Photo ID, such as a passport or driver’s license. This is for identification purposes and helps MidCurrent, and Merchants, prevent fraud.
THE MERCHANTS REFERENCED THROUGH MIDCURRENT.COM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MIDCURRENT. MIDCURRENT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
4. Terms of sale.
Products and services, including those related to Midcurrent.com, available at the Site (including, but not limited to activity and event packages) are subject to the MidCurrent’s Terms of Sale and Refund Policy.
5. Registration; Security.
As a condition to using certain products and services of the Service, User may be required to register with MidCurrent and select a password and User name (“MidCurrent User ID”). User shall provide MidCurrent with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a MidCurrent User ID a name of another person with the intent to impersonate that person; or (ii) use as a MidCurrent User ID a name subject to any rights of a person other than User without appropriate authorization. MidCurrent reserves the right to refuse registration of, or cancel a MidCurrent User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s MidCurrent password and other account information and agrees to take sole responsibility for any activities or actions under User’s username and password. User shall immediately notify MidCurrent of any unauthorized use of User’s username or password.
User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by MidCurrent at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by MidCurrent in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of MidCurrent.
In addition, the Service may enable User to share content or information with other users or with MidCurrent (for example, through reviews or other communications channels). User agrees not to use these features to upload, email, post, publish or otherwise transmit any Content that: (i) violates any restriction set forth herein or (ii) is commercial in nature (unless specifically authorized by MidCurrent). MidCurrent reserves the right to remove, without notice, any content or information which MidCurrent determines, in its sole discretion, does not comply with these requirements.
7. Travel and Trip Considerations
When User uses the Service to gather information or make bookings, please keep in mind that certain destinations and activities may involve greater risk than others, and that experiences and adventures are inherently unpredictable activities. MidCurrent urges User to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and other sources prior to booking travel. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be obtained from state.gov, tsa.gov, dot.gov, faa.gov, cdc.gov, treas.gov/ofac and customs.gov, and other on- and off-line sources.
User is responsible for knowing and complying with all applicable passport, visa, and other travel documentation requirements, for obtaining proper and adequate insurance coverage, and for ensuring that User and User’s travel group take appropriate health, safety, and security precautions prior to, during, and after your travel. While MidCurrent may, from time to time, provide information through the Service relevant to these topics or any other aspect of the travel experience, such information is for convenience only, and is not warranted to be current, complete, or accurate.
BY INFORMING USER OF OR FACILITATING ANY ARRANGEMENTS INVOLVING ANY PARTICULAR DESTINATIONS OR ACTIVITIES, MIDCURRENT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO THOSE DESTINATIONS OR PARTICIPATION IN THOSE ACTIVITIES IS ADVISABLE OR WITHOUT RISK. INFORMING USER OF SPECIFIC RISKS ASSOCIATED WITH PARTICULAR DESTINATIONS OR ACTIVITIES, DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THERE ARE NOT OTHER RISKS ASSOCIATED WITH THOSE DESTINATIONS. USER ACKNOWLEDGES AND AGREES THAT MIDCURRENT IS NOT LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY PROPERTY DAMAGE, THEFT, PERSONAL INJURY, ILLNESS, OR DEATH) THAT MAY OCCUR DURING OR RESULT FROM ANY TRAVEL OR ASSOCIATED ACTIVITIES. USER WILL BE IN THE BEST POSITION TO EVALUATE CURRENT CONDITIONS AND DETERMINE THE RELATIVE SAFETY AND WISDOM OF USER’S ACTIONS WHILE TRAVELING AND USER MUST USE INDEPENDENT JUDGMENT AND CAUTION WHEN CHOOSING WHETHER TO PARTICIPATE IN PARTICULAR ACTIVITIES.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless MidCurrent, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from User’s (i) use or misuse of the Service; (ii) access to any part of the Service, or (iii) violation of this Agreement.
9. Warranty disclaimer.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MIDCURRENT MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS.
10. Limitation of liability.
IN NO EVENT SHALL MIDCURRENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, FOR USERS WHO HAVE MADE PURCHASES FROM MIDCURRENT, SUCH MONETARY CAP WILL BE THE AMOUNTS PAID BY USER TO MIDCURRENT FOR THE PURCHASE DIRECTLY CONNECTED WITH THE LIABILITY CLAIM). IN ADDITION, MIDCURRENT SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER’S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATE DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Third party website and products.
The Site may permit User to link to other websites, service providers, or resources on the Internet, and other websites, service providers or resources may contain links to the Site. These other websites, service providers, and resources (collectively “Third Party Services”), are not under MidCurrent’s control in any way, and User acknowledges that MidCurrent is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. Except with regard to Merchants, the inclusion of any such link does not imply endorsement by MidCurrent. User further acknowledges and agrees that MidCurrent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such Third Party Services. User shall indemnify and hold MidCurrent harmless against any claims arising out of or relating to User’s use, purchase, or receipt of Third Party Services, User’s acts or omissions, or User’s breach of any terms or conditions applicable thereto. If User has a dispute with a Merchant, User releases MidCurrent from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
MidCurrent may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice (which may be via email) thereof to User. Upon termination notice from MidCurrent, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MidCurrent or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of MidCurrent and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of MidCurrent or its software suppliers and protected by United States and international copyright laws.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MidCurrent shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MidCurrent’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with MidCurrent’s prior written consent. MidCurrent may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, as if made within Colorado between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in Denver, Colorado. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind MidCurrent in any respect whatsoever.