Agreement between User and Autism Adventures of Texas LLC
Welcome to https://autism-adventures.com .
https://autism-adventures.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://autism-adventures.com constitutes your agreement to all Terms stated. Please read these terms carefully and keep a copy of them for your reference. https://autism-adventures.com is an E-Commerce Site. Autism Adventures of Texas LLC services the Houston, Texas area. Our main focus is planning events for the Autism Community. We welcome all families and friends in the Autism Community. We specialize in the Autism Community, but other special needs communities are welcome to join. We will have staff at each event to help guide our guests around our events.
Visiting https://autism-adventures.com , sending emails, or opting for text messages to Autism Adventures of Texas LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, text message, and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Autism Adventures of Texas LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Autism Adventures of Texas LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Autism Adventures of Texas LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://autism-adventures.com only with permission of a parent or guardian.
Returns & Refunds Policy
Thank you for shopping at https://autism-adventures.com operated by Autism Adventures of Texas LLC. The following terms are applicable for any event tickets that a customer purchased from Autism Adventures of Texas LLC.
Your Order Cancellation Rights
A customer is entitled to cancel their ticket order 3 days prior to the event without giving any reason for doing so. If the customer cancels their ticket within 3 days of the event, the order is subject to receiving a 50% refund. Once an event has begun, no cancellations are excepted, and no refunds are given. In order to exercise the customer's right of cancellation, the customer must inform Autism Adventures of Texas LLC of their decision by means of a clear statement of cancellation in an email sent to: email@example.com .
Links to Third Party Sites/Third Party Services
https://autism-adventures.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Autism Adventures of Texas LLC. Autism Adventures of Texas LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Autism Adventures of Texas LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Autism Adventures of Texas LLC of the site or any association with its operators. Certain services made available via https://autism-adventures.com are delivered by third party sites and organizations. By using any service originating from the https://autism-adventures.com domain, you hereby acknowledge and consent that Autism Adventures of Texas LLC may share such information and data with any third party with whom Autism Adventures of Texas LLC has a contractual relationship to provide the requested service or functionality on behalf of https://autism-adventures.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
Use of Communication Services
The Site may contain chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Autism Adventures of Texas LLC has no obligation to monitor the Communication Services. However, Autism Adventures of Texas LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Autism Adventures of Texas LLC reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. Autism Adventures of Texas LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Autism Adventures of Texas LLC’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Autism Adventures of Texas LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Autism Adventures of Texas LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Some managers and hosts are not authorized Autism Adventures of Texas LLC spokespersons, and their views do not necessarily reflect those of Autism Adventures of Texas LLC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://autism-adventures.com or Posted on Autism Adventures of Texas LLC Web Page
Materials Provided to https://autism-adventures.com are not claimed by Autism Adventures of Texas LLC (including feedback and suggestions) or post, upload, input or submit to any Autism Adventures of Texas LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Autism Adventures of Texas LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Autism Adventures of Texas LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Autism Adventures of Texas LLC’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated, and administered by Autism Adventures of Texas LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Autism Adventures of Texas LLC Content accessed through https://autism-adventures.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Autism Adventures of Texas LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Autism Adventures of Texas LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Autism Adventures of Texas LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Autism Adventures of Texas LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Autism Adventures of Texas LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Autism Adventures of Texas LLC as a result of this agreement or use of the Site. Autism Adventures of Texas LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Autism Adventures of Texas LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Autism Adventures of Texas LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Autism Adventures of Texas LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Autism Adventures of Texas LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Event Terms and Conditions
These terms and conditions (these “Terms”) govern your registration for and participation at any Autism Adventures of Texas LLC event (the “Event”) and are an agreement between Autism Adventures of Texas LLC ("Autism Adventures of Texas LLC," "we," "us," or "our") and you. You represent to us that you are authorized to enter into these Terms. Please see Section 12 for definitions of certain capitalized terms used in these Terms.
You may only register for and attend the Event in accordance with these Terms. To register for the Event, you must complete the Event registration process and pay any booking fee. Unless the Event’s registration webpage specifies otherwise or we expressly inform you otherwise, you must be at least 18 years of age to attend the Event unsupervised. If you are under the age of 18, you must attend the Event with a parent or legal guardian. Event registration is subject to availability and may close earlier than the posted deadline, as determined in our sole discretion. We may also change the Event program at any time in our sole discretion. You will at all times comply with the Autism Adventures of Texas LLC Code of Conduct.
2. Safety and Security.
Your safety and security are important to us. You understand that you and your property may be subject to a reasonable search upon entry to the Event and you may be asked to provide photo identification. If you refuse to participate in these security measures, we may deny you entry. We also reserve the right to ask you to leave the Event if your behavior causes us concern for the safety or security of Event attendees. If we deny you entry or require you to leave, you will not receive a refund.
3. Your Information.
3.1 Generally. We handle your information in accordance with the Autism Adventures of Texas LLC Privacy Notice.
3.2 Sharing with Event Sponsors. We may provide your contact information to Event Sponsors if (a) you elect to attend any sessions or other activities at the Event involving Event Sponsors (in which case we would provide your contact information only to the Event Sponsor involved in such session or other activity,) or (b) you opt in during registration or otherwise to receive communications from our Event Sponsors.
3.3 Voice and Image. By participating in the Event experiences, you agree that we may derive information from recordings of your voice and images of your face and retain and use all resulting information, in each case in accordance with the Autism Adventures of Texas LLC Privacy Notice.
4. Recordings and Your Materials.
You grant us, our affiliates, and our independent contractors the right to record, film, photograph, and capture your voice and image in any media at the Event (the “Recordings”). You grant to Autism Adventures of Texas LLC and its affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute, and translate, for any purpose relating to our business, all or any part of the Recordings and Your Materials. We may edit the Recordings and Your Materials, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any moral rights you may have in the Recordings and Your Materials. You represent and warrant that (a) Your Materials are true and accurate to the best of your knowledge, (b) you have the necessary rights and permissions to grant the license in this Section 4, and (c) Your Materials do not violate or infringe any copyright, trademark, or other proprietary rights of any person or entity.
Each party will be responsible for paying all applicable taxes and other governmental fees, charges, penalties, interest, and additions to such taxes that are imposed on that party upon or with respect to the transactions and payments under these Terms. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT, excise taxes, sales and transaction taxes, and gross receipts taxes (“Indirect Taxes”). Autism Adventures of Texas LLC may collect Indirect Taxes from you, unless you furnish Autism Adventures of Texas LLC with a properly completed exemption certificate or a direct payment permit certificate for which Autism Adventures of Texas LLC may claim an available exemption from Indirect Tax.
6.1 By You. If registration fees or other fees are required for the Event, cancellation instructions and the Event’s refund policy will be listed on the Terms and Conditions webpage.
6.2 By Us. We may cancel the Event at any time for reasons including, for example, availability or suitability of venue or speakers or on security, health, or safety grounds, and we may deny, limit, or cancel your Event registration at any time. We are not responsible for any damages, direct or indirect, resulting from such cancellation. If we cancel the Event or your registration and you are in compliance with these Terms, we will issue you a refund of your Event registration fee in accordance with the refund policy on the Terms and Conditions webpage.
6.3 Effect of Cancellation. If you or Autism Adventures of Texas LLC cancel your registration for the Event or Autism Adventures of Texas LLC cancels the Event, Section 3, Section 4, Section 5, Section 6.3, Section 7.2, Section 8, Section 9, Section 10, Section 11, and Section 12, will remain in full force and effect.
7. Trade Compliance and Ethics.
7.1 You represent and warrant that you and your financial institution(s) used to fund any fees required for the Event are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
7.2 You certify that you have confirmed with an appropriate ethics official that there are no federal, state, local, or institutional ethics or procurement laws, regulations, or rules that restrict or prohibit your attendance at the Event or would otherwise create a conflict of interest for Autism Adventures of Texas LLC.
8. Assumption of Risk.
You acknowledge and agree that your attendance and participation in the Event is voluntary, and you understand the nature of the Event. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the Event.
9. Release of Claims.
To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release Autism Adventures of Texas LLC S and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Event, the Recordings, or Your Materials.
10. Limitations of Liability.
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED USD $100. THE LIMITATIONS IN THIS SECTION 10 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11.1 Waiver. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
11.2 Severability. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
11.3 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts, or orders of government, acts of terrorism, or war.
11.4 Assignment; No Third-Party Beneficiaries. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Autism Adventures of Texas LLC as a party to these Terms, and Autism Adventures of Texas LLC is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
11.5 Modifications to these Terms. We may modify these Terms at any time by posting a revised version on the Autism Adventures of Texas LLC Site. The modified terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Autism Adventures of Texas LLC Site regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.
11.6 Entire Agreement; English Language. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms). If we provide a translation of the English version of these Terms, the English version of these Terms will control if there is any conflict.
“Autism Adventures of Texas LLC Code of Conduct" means the Autism Adventures of Texas LLC code of conduct located at https://autism-adventures.com/code-of-conduct-1, as may be updated from time to time.
" Autism Adventures of Texas LLC Privacy Notice” means the privacy notice located at https://autism-adventures.com/privacy-policy, as may be updated from time to time.
“Autism Adventures of Texas LLC Site” means https://autism-adventures.com, as may be updated from time to time.
“Event Sponsor” means a third-party sponsor of the Event.
“Hybrid Event” means an Event that has an in-person aspect and a virtual aspect.
"Your Materials" means all materials submitted (including, for example, your name and biographical information) or presented by you (in electronic copy or hard copy, verbally, or otherwise).
Changes to Terms
Autism Adventures of Texas LLC reserves the right, in its sole discretion, to change the Terms under which https://autism-adventures.com is offered. The most current version of the Terms will supersede all previous versions. Autism Adventures of Texas LLC encourages you to periodically review the Terms to stay informed of our updates.
Autism Adventures of Texas LLC welcomes your questions or comments regarding the Terms:
Email Address: firstname.lastname@example.org
Telephone number: 281-500-8556
Effective as of April 4, 2022