12.1 CONSENT TO DO BUSINESS ELECTRONICALLY
We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in performing our obligations and exercising our rights under these Terms. Neither you nor Expedition Escape will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
12.2 ACCESS FROM OUTSIDE OF THE UNITED STATES
Our Website and the Content is hosted in the United States and is governed by the laws of the United States. Our products and Services, and other Content on our Website, are only directed at those located within the United States. If you are using our Services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our Services in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
12.3 TERM AND TERMINATION
These Terms are effective unless and until terminated by Expedition Escape or you. Expedition Escape may, in its sole discretion, terminate your use of our Services or any part thereof if you fail to comply with any term of provision of these Terms. You may terminate these Terms at any time by discontinuing all use of our Services. Termination or cancellation of these Terms shall not affect any right or relief to which either Expedition Escape or you may be entitled at law or in equity. Upon termination, you must terminate all use of our Services and destroy all materials, including any Content, obtained using our Services and all copies thereof.
Where Expedition Escape requires that you provide an e-mail address, you are responsible for providing Expedition Escape with your most current e-mail address. In the event that the last e-mail address you provided to Expedition Escape is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Expedition Escape’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Expedition Escape at the following address: Expedition Escape, LLC, 601 South Henderson Road, King of Prussia, PA 19406. Such notice shall be deemed given when received by Expedition Escape by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
12.5 ENTIRE AGREEMENT
12.7 RELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services.
12.8 FORCE MAJEURE
Expedition Escape shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemic, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
12.9 NO WAIVER
Our failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision of these Terms.
12.10 SECTION HEADINGS
The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. The words “include”, “including”, and all other forms of “include” are deemed to be followed by “without limitation.”
12.11 SURVIVAL OF CERTAIN PROVISIONS
Those provisions outlined here that normally would survive after you cease using the Services and Content and all provisions indicating an ongoing obligation, which include Section 6 (Disclaimers); Section 7 (Release and Indemnification); Section 8 (Limitation of Liability); Section 9 (Disputes Resolution) and Section 13 (Miscellaneous), shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use the Service after the termination of these Terms.