TERMS OF SERVICE
EXPLORE RANCHES, LLC
Effective Date: December 1, 2018
Last Revised: October 23, 2018
REPRESENTATIONS AND WARRANTIES
This website is intended for use only by users of legal age to enter into a legal and binding contract in the state of Texas. You represent and warrant that you are at least 18 years of age and of legal competence to enter into the terms, conditions, obligations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You represent and warrant that any information you provide via the website or email is true and accurate to the best of your knowledge and, to the extent you later learn that information you provided is not true and accurate, you agree to correct the inaccurate information submitted.
Explore Ranches, LLC is the owner or licensee of all intellectual property rights in our site, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such, all rights are reserved. You must not use any materials contained on our website for any commercial purpose without obtaining a license from our licensors. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and Explore Ranches, LLC.
INDEMNIFICATION AND RELEASE
You hereby indemnify, defend, and hold Explore Ranches and its affiliates, owners, parents, partners, subsidiaries, franchisees, officers, directors, contractors, subcontractors, attorneys, guests and employees (collectively, “the Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, liens, expenses or costs whatsoever (including attorneys’ fees and court costs) for any loss which arise out of (i) this Agreement, (ii) this site or the content contained herein, (iii) third party sites, (iv) communications, or (v) transactions or activity relating to this site.
By using this site, you and (if applicable) each of your respective officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, trustees, successors and assigns hereby fully and forever release and discharge the Indemnified Parties from any and all Claims, whether known or unknown, liquidated or contingent and/or sounding at law or in equity whether or not caused by the negligence of any of the Indemnified Parties.
NO LIABILITY FOR THIRD PARTIES
Users may use the Website to connect with Land Owners who may provide various services to Users including, but not limited to, leasing real and/or personal property to Users and providing Users with various entertainment or travel experiences. By using the Website, Users acknowledge and agree that such Land Owners are NOT agents of Explore Ranches, do not have authority to bind Explore Ranches or otherwise act on its behalf and Explore Ranches shall in no event be liable for any actions or inactions of land owners, including, but not limited to, any failure by any Land Owner to maintain its property in a safe manner. Furthermore, Users acknowledge and agree that Explore Ranches has not evaluated the veracity of any statements or claims made by Explore Ranches and agrees that Explore Ranches shall not be liable for any difference between the description of the real property advertised and the actual condition of said property.
From time to time, Explore Ranches may assist Users in booking other services, such as adventure guides, chefs, lodging or transportation. Providers of these and other services are independent contractors, and Explore Ranches will not be liable to Users for any actions or inactions of these providers.
Additionally, Explore Ranches makes no warranties as to the accuracy of any any information or content posted on the Website by any Land Owner, User or other third party or posted by Explore Ranches but provided by any Land Owner, User or other third party and shall not be liable for any claims, demands, losses, injuries or expenses caused by the posting of any such information.
Explore Ranches extends no warranties, express or implied, with respect to the services it offers, the content or information provided for the Website by Land Owners or other third parties, or the property or services provided by the Land Owners, all such warranties being expressly disclaimed, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and habitability.
VIRUSES, HACKING AND OTHER OFFENSES
As a visitor to our site, you understand that you are not permitted to knowingly introduce viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, our server or computer or database connected to our site. Any attack on our server could constitute a criminal offense under the Computer Misuse Act of 1990. Explore Ranches will report any such breach to appropriate law enforcement authorities. Should you breach any of these policies, your right to use our site will cease immediately.
UNLAWFUL OR PROHIBITED USE
using the Website for any unlawful, unauthorized, fraudulent, or malicious purpose or engaging in activities that would violate any applicable local, state, national, or international law or regulation; using the Website in a method that could damage, disable, overburden, or impair any server, or any network connected to a server; disrupting, modifying, tampering with or interfering with the Website and its content and information, others’ use of the Website, or the Website’s associated software, hardware, and servers in any way; accessing materials, systems, data, or information not intended by Explore Ranches to be accessible to you or through any means not intentionally made available by Explore Ranches; or distributing, modifying, transmitting, reusing, reposting, copying or using the content of this website for public or commercial purposes, including the text, images, audio, and video, without Explore Ranches’ prior written permission.
TERMINATION OF USE
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711)
Explore Ranches makes no guarantee of confidentiality or privacy of any Communications or information transmitted on this site or any website linked to this site. Explore Ranches will not be liable for the privacy of Communications and/or any other information, or any other content transmitted over networks accessed by the Site, or otherwise connected with your use of the site.
You hereby agree that any dispute, claim or controversy arising out of this Agreement or breach thereof will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in San Antonio, Texas in accordance with the Commercial Arbitration Rules. The resolution of any such dispute shall be governed by Texas law, without regard to any choice of law rules. The prevailing party in any action relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs, to be determined in the same action.
If an arbitrator or Court of law holds any provision of these terms and conditions to be illegal, invalid or unenforceable, (a) that provision shall be deemed to provide Explore Ranches the maximum protection permitted by law, and (b) the legality, validity and enforceability of the remaining provisions shall not be affected. Explore Ranches updates its website regularly, and reserves the right to change the content at any time.