WELCOME TO NEW PATHS EXPEDITIONS (www.npexpeditions.com).
THIS IS A LEGAL AGREEMENT BETWEEN THE CUSTOMER (“You” or “Your”), and 18.104.22.168 (“We”, “Us”, “Our” or “Ours”) by accessing and using our website: www.npexpeditions.com , products and services, you accept the terms of this Agreement. This is a legal contract between both parties, so please review it carefully.
By registering for or using our website or social media sites, products, and services, you agree to all of these terms and conditions. We may choose to publish our License Agreement, rules, and policies from time to time on our website, and reserve the right to amend Terms at any time without prior notice to you. Some of Our services may be subject to supplemental terms, and your use of those services is your consent to those terms.
We grant you a limited, nonexclusive, nonassignable, nonsublicensable revocable license to access our website; display our link (URL); or otherwise access our website.
You also grant us a perpetual, irrevocable, unlimited, worldwide, fully paid sublicensable license to use, copy, perform, display, distribute, and make derivative works from content, pictures, or comments you post.
REGISTRATION AND MEMBERSHIP
You can visit, review, and browse our website to view its Content without registering, but as a condition to using some parts of our website, you may have to register as a customer or member. In that event, you promise that you are providing us with accurate and complete registration information, including but not limited to: user name; e-mail address; contact information; and a password used to access our services. It is your responsibility to maintain your membership registration information and keep it up-to-date.
Failure to do so may be a breach of these Terms, which may result in the immediate termination of your account. You are prohibited from: creating multiple accounts (one account per user); creating an account for anyone other than yourself without that person’s permission; utilizing a User name that belongs to another with the intent of impersonation; utilizing a User Name or account that belongs to another without authorization; or utilizing a User Name that would be considered offensive, vulgar, obscene, or unlawful.
We reserve the right to refuse registration of, or cancel a membership user name at any time. You are responsible and liable for activity that occurs on your account and are expected to keep your account password confidential. You must immediately notify us in writing if you believe your account security has been breached.
New Path Expedition’s website was designed and geared towards our visitors or customers who have an interest in unique travel experiences.
Use of our website, in whole or in part, comes with restrictions. You may not: (a) download, copy, or transmit any or all of Our website or Content without a written license or agreement; (b) use any data mining, robots, or similar data extraction methods; (c) manipulate or otherwise display Our Website or Content by using framing or similar navigational technology; (d) register or attempt to register any person, user, company, or other third party for any product or service unless you have permission and consent to do so; and (e) use the website or any related Content other than for its intended purpose, determined solely by us, including but not limited to: defame, abuse, harass, stalk, threaten or otherwise violate the substantial rights (such as rights of privacy) of others, or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
You are strictly prohibited to impede or interfere with the security of Our website, or otherwise abuse any system resources, services or networks connected to or accessible through our Web site. Your license and use of our Website is strictly for any lawful purpose.
You acknowledge that all Content accessed by you, is at your own risk and you accept responsibility for any damages or losses to you or any other party.
You understand we do not guarantee the authenticity of any Content users (including but not limited to “Members”) may provide about themselves. All Content, publicly posted or privately transmitted, is the sole responsibility of the person originating such Content.
The term “Content” may include and is not limited to: videos; audio clips; comments; information; data; text; photographs; graphics; provided, or otherwise made accessible by us or through our website. Content added, created, uploaded, submitted, or otherwise obtained by users, including Content that is added to our website, services, and/or products in connection with users linking an account to third party websites and services, is collectively referred to as a “User Submission.”
We retain all rights, title and interest to our own Content (i.e. materials) which is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You agree not to infringe upon those rights.
We grant each user of our website, products, and/or services, a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal use is expressly prohibited without our express written permission, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates third party rights.
You understand and agree that We may moderate access and use to our website, including but not limited to the Membership portion of the site, at our sole discretion via: blocking; filtering; deletion; delay; omission; license termination; or any other method. You agree: (i) not to bypass Our moderation practices; (ii) we are not liable for moderating the website in any manner whatsoever, and (iii) nothing We say or do will waive Our rights to moderate Our website.
THIRD PARTY SITES
Our website, products, and/or services may allow you to link to a third party website or other resource. You understand that accessing third party websites is at your own risk, and that we have no control whatsoever over third party websites.
As a result, you agree that We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these third party websites. You also agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or claimed to be caused by your accessing third party websites.
You understand that we may terminate your account, or access to any part of our website (or services) at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your account at any time by following the instructions provided on our site.
OUR WEBSITE, PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
We make no representations or warranties as to the conduct of users, members, or the accuracy of any information they provide. You understand and agree that We shall not be liable for any damages whatsoever, whether direct, indirect, special, consequential, and/or incidental, arising out of or relating to your conduct or anyone else in connection with our website or services, including but not limited to: any damages resulting in any way from communications users or persons you may otherwise communicate with through the use of our website or services. You understand that we do not, in any way, screen users or members.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT NO TIME SHALL OUR EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE WITH RESPECT TO THE SITE, LINKS, SERVICES, CONTENT, OR USER SUBMISSIONS FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES; LOSS OF DATA; DEATH OR PERSONAL INJURY; FRAUD, THEFT, OR ANY CRIMINAL ACTIVITY; BREACH OF ANY OBLIGATIONS; LOSS OF REVENUE OR ANTICIPATED PROFITS. OUR TOTAL LIABILITY SHALL NOT EXCEED $100.
You agree to defend, indemnify, and hold us harmless, along with our employees, agents, representatives, and affiliates from any and all claims, unforeseen third party claims, losses, costs, or damages, that arise from this Agreement, or relate to your use or misuse of, or access to, our website, services, products, Content, URL, links, or otherwise.
In the event the parties are unable to resolve the dispute, they agree submit the matter to a third party Mediator located in Delaware state. Both parties shall share equally in the cost and selection of the Mediator. This means you waive your right to file a claim in any court.
Mediation shall be governed by Delaware state laws as well as Model Standards, Mediation Rules, and Standards of Conduct, implemented by the American Bar Association (ABA) and the Association Arbitration Association.
The prevailing party shall be entitled to reimbursement of legal fees and costs, including but not limited to attorney’s fees.
STATUTE OF LIMITATIONS
We shall not be liable for any failure to perform Our obligations where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
You may contact Our Company at the following address:
616 Corporate Way, Suite 2-4466
Valley Cottage, NY 10989