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Terms and Conditions

FlyinFox experience gifts

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LAST MODIFIED: JUNE 1, 2014

These Terms and Conditions contain important information and requirements relating to the purchase of the FlyinFox Gift Certificates, including those offered through our marketing partners, resellers or travel agencies inside and outside the USA.

By accessing, browsing and using the website www.flyinfoxgifts.com, by purchasing or redeeming a FlyinFox Gift Certificate (a “Certificate”) or by booking or participating in an Activity presented on our website, you represent that you are of legal age to form a binding contract and you accept the following Terms and Conditions including our Privacy Policy.

FlyinFox reserves the right to change these Terms and Conditions at any time without prior notice. All changes to these Terms and Conditions will be posted on this Website.

FlyinFox Gift Certificates have no expiration date and no maintenance or any other fees are associated with the Certificate. They can be redeemed only through FlyinFox for specific Experiences offered by our Experience Partners, and cannot be redeemed or exchanged for services from any other merchant or experience provider.

The Certificate contains a unique Voucher Code which is used when redeeming the Certificate. You are responsible for keeping the Certificate safely and securely. FlyinFox will take no responsibility for any loss incurred as a result of a Certificate or Voucher Code being stolen or used by third parties.

a. The Experience Certificate

The Experience Certificate can be redeemed for participation in a specific activity (i.e. a Nascar Ride Along in Orlando, Fl) or a specific category of activities (i.e. Driving Experiences). The Experience Certificate may be used by the purchaser or sent as an Experience Gift to a third party.

The details of the Experience will be included in the email or the gift pack that contains the Experience Certificate. It cannot be redeemed for cash nor does it store any value electronically.

Experience Certificates have no expiration date but contain a Use-By date which is one (1) year from the date of purchase except where otherwise stated by law. You should redeem the Certificate and schedule your Experience before the Use-By date. If you wish to redeem the Certificate after the Use-By date of the Experience Certificate, you must contact us to request an extension of the Use-By date by sending an email to customers@flyinfoxgifts.com, or phone 1.813.364.2802. Flyinfox will grant the extension but price differences for the Experience may apply.

Verification of the validity and Use-By date of the Certificates can be obtained by sending an email to customers@flyinfoxgifts.com.

b. The Universal Certificate

The Universal Certificate represents a monetary value, (i.e. $100), that can be used as whole or partial payment for any Experience on the Flyinfox website. It has no expiration date and no Use-By date. If the price of the experience you choose is lower than the value of the Certificate, the balance will be stored for future use. It the price is higher, a price difference must be paid. FlyinFox Gift Certificates cannot be redeemed or exchanged for cash unless required by law, nor do they store any value electronically. PURCHASING A GIFT CERTIFICATE

Purchasing a Certificate can be done by ordering on this website, via email to Flyinfox Customer Service at customers@flyinfoxgifts.com, by phone to 1.813.364.2802 or 1.727.697.7696 or via our affiliate marketers or travel agencies.

We aim to please! Although we work with activity providers in most states, you might not find the right experience in the right place. So we will find it for you! Our database contains thousands of activity providers and we will quote with several of them to get you the right experience at the right price.

To pay for the purchase you may use your credit card or Paypal account. The price contains all applicable taxes, service fees, and any other fees specified for that particular experience. You will receive a confirmation and receipt for the transaction by email.

Your gift recipient will receive the Certificate via email or postal service with specific instructions for booking the date and time for the Experience. Each Certificate will have a unique Voucher Code.

Click on the Redeem button at the top of the homepage to enter the booking process.

Redeeming a Certificate for participation in an Experience is subject to your acceptance of these Terms and Conditions and in addition to the Experience Partner’s terms and conditions for your specific Experience.

Flyinfox works with a selected group of activity providers (the Experience Partners). When you redeem a Certificate or book an Experience, you authorize Flyinfox to make a reservation on your behalf with the relevant Experience Partner.

After the booking you are subject to the Experience Partner’s Terms and Conditions with regard to No Show, Cancellation and Rebooking and special requirements for your particular Experience as stated in the Booking Instructions. Please read them carefully and pay particular attention to the Cancellation or Rebooking policies of your Experience. They are also available on the Website or by calling the Flyinfox Customer Service.

To redeem a Certificate and book an Experience, enter the website and click on the Redeem button. You will be taken to the booking page where you can select a date and/or location for participation in the Experience. The Voucher Code is used as payment. Flyinfox will then schedule your Experience with the Experience Partner. After receiving confirmation from the Partner, Flyinfox will contact you and provide booking confirmation details and a Booking Confirmation Number.

AVAILABILITY

All Experiences are subject to availability and shall be booked in advance. Flyinfox makes no guarantee as to the availability of any specific Experience. For your own convenience and to avoid bottlenecks, please plan ahead. Book at least 10 to 14 days prior to the desired Experience day to allow us to make your arrangements with our Partners. Lead times may vary by Experience and are provided during the booking process. We are not responsible for any arrangements made directly with the Experience Partner.

To verify if a Certificate is active, you may also email or phone us and provide the Voucher Code.

Before being allowed to participate in an Experience you must present the Flyinfox Voucher Code and the Booking Confirmation Number to the Experience Partner. For certain Experiences you may be required to execute a waiver and Release of Liability. Participants must be able to meet the physical and other requirements described in the Experience.

EXPERIENCE PARTNERS MAY OR MAY NOT BE COVERED BY LIABILITY AND/OR PROPERTY DAMAGE INSURANCE AND EVEN WHEN THE EXPERIENCE PARTNER MAY HAVE OBTAINED SUCH INSURANCE, YOUR PARTICIPATION IN THE EXPERIENCE MAY NOT BE COVERED BY SUCH INSURANCE.

In the case of Force Majeure events, like mechanical problems, equipment availability, weather conditions, booking mistakes, or other events outside the control of Flyinfox or the Experience Partner, we reserve the right to work with the Experience Partner to find a reasonable substitution on the day of the Experience. If this is not possible, we reserve the right to cancel the Experience on short notice and help you to book a new date for your Experience at no additional charge.

If a booked Experience is cancelled by an Experience Partner before or on your experience day, for any reason, you will be notified by him. Flyinfox will work with you to book a new date for your Experience at no additional charge, but will not offer refunds or be liable in any way for expenses that you or other participants incur related to an Experience that has been cancelled by the Experience Partner.

REFUNDS

Refunds of unbooked Experiences must be requested by and will be given to the original purchaser of the Experience within 30 days of the purchase. Booked Experiences will not be refunded. Refunds will be for the amount paid, minus shipping charges of the Gift Pack and will be facilitated according to the original method of payment. Purchases made using a promotion code or any other promotional offer cannot be refunded.

No refunds will be given after 30 days of purchase but unbooked Experiences may be exchanged for other Experiences as described below.

EXCHANGES

Unbooked Experiences may be exchanged for another Experience of the same or different price, until 10 days before the expiration date. The exchange itself is free of charge but shipping charges for a new Gift Pack will apply. If you choose a more expensive Experience, you must pay the difference. An exchange for a less expensive Experience will generate an internal credit for the purchaser to be used in the purchase of future Experiences. Booked Experiences cannot be exchanged.

You may assign any Flyinfox Certificate to a third party prior to the booking of the Experience. You need to contact us to register the assignees name and contact data and confirm the assignation. The assignee shall be subject to and legally bound by these Terms and Conditions as well as the Terms and Conditions and requirements of the Experience Partner.

We use stock pictures and pictures provided by our Experience Partners to illustrate the Experiences, but they may not always accurately reflect the specific details of the actual Experience. Please also be aware that the details and duration of the Experience may differ slightly from the description, due to unforeseen factors like weather, waiting times, etc.

Our Experience description on printed material reflects the details at the time of print, which may change at any time at the discretion of Flyinfox or the Experience Partner. Check our website for the most current Experience descriptions.

Flyinfox makes every effort describe the Experiences accurately and completely. However, the Website may contain errors or omissions in the description of the Experiences.

The Experience Partners are responsible for the accuracy of the description of the Experiences, especially the exact location, approximate duration, instruction requirements, minimum and maximum number of other participants, restrictions regarding age, height or physical condition, special requirements related to the Experience, and other limitations like weather conditions.

You understand and agree that you must evaluate and bear all risk associated with purchasing, redeeming, participating in, or otherwise using any Experience provided through Flyinfox. Without limiting the foregoing, you understand and agree that, depending on the Experience you select, the Experience may include activities with significant safety risks to you. You and any other participants in your Experience represent and warrant that you and they:

• reasonably anticipate these safety risks and accept them,

• have had time to consider and review all relevant information regarding participation in the Experience,

• voluntarily choose to participate in the Experience, and

• knowingly and voluntarily assume, as between you or them and Flyinfox, all risks associated with selection, purchase, redemption, and/or participation in any Experience.

Notwithstanding your agreement to accept all risks associated with any Experience, if you have appeared for your Experience at your scheduled time, date, and location, you or any other participants may decline to participate in the Experience if you or they decide at the time of the Experience that the level of risk is too great or you or they are not satisfied by the Experience Partner’s safety standards. In these circumstances, you must notify the Experience Partner immediately of (a) the fact that you decline to participate, and (b) the nature of the safety issue. Flyinfox may work with you to rebook the same (or similar) Experience at our sole discretion, based on the nature of the safety issue.

You must immediately notify Flyinfox at customers@flyinfoxgifts.com and the Experience Partner if you have any concerns or complaints regarding an Experience in which you have participated. Flyinfox has no obligation to address complaints or concerns that are not brought to its attention in a timely manner.

Flyinfox at its own discretion may introduce offers and promotions at any time. These offers and promotions may be limited in terms of quantities or availability. Promotional purchases may be limited per customer or per order, and may not be exchanged. Refunds will only be given to the original purchaser for the amount paid if requested within 30 days of the initial purchase. Offers and promotions may be discontinued at any time and without notice. All purchases made via a promotion code or any other offers are subject to Flyinfox’s Terms and Conditions. If the Terms and Conditions of the promotion or offer are in any way in conflict with Flyinfox’s standard Terms and Conditions, then the promotional Terms and Conditions apply for the conflicting area and all other Terms and Conditions continue to apply. Purchasers of promotions agree that their names and locations may be used in conjunction with the promotion, and that they can be contacted by Flyinfox for testimonials and survey purposes and to provide testimonials, comments and photographs if requested. Furthermore, they agree that if asked to capture and provide photographs or video of the experience they will make every effort to do so and sole rights to any and all photographs and video will belong to Flyinfox.

Your Privacy is very important to us.

Please read our Privacy Policy to learn more about the ways in which we use and protect your personal information. This Privacy Policy is part of and subject to our Terms and Conditions. PRIVACY POLICY

By using the Service you consent to the collection, usage, and sharing of information by Flyinfox. This includes the transfer of this information to the United States and/or other countries for storage, processing, and use by Flyinfox Affiliates.

FLYINFOX MAKES NO WARRANTY REGARDING ANY SERVICES PURCHASED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE, INCLUDING BUT NOT LIMITED TO THE CONTENT OF THE EXPERIENCES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLYINFOX OR THROUGH THE FLYINFOX SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FLYINFOX MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT FLYINFOX DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY EXPERIENCE PARTNERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION OR CONTENT PROVIDED BY LICENSE TO FLYINFOX FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. FLYINFOX ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR EXPERIENCES MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO EXPERIENCE PARTNERS AND USERS) THROUGH THE FLYINFOX SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU "AS IS" AND THAT FLYINFOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT; ANY CONTRACTUAL OBLIGATIONS ARISING OUT OF A BOOKING WITH AN EXPERIENCE PARTNER USING THE FLYINFOX SERVICE ARE THE RESPONSIBILITY OF THE EXPERIENCE PARTNER AND YOU; YOUR PARTICIPTION IN AN EXPERIENCE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEVANT EXPERIENCE PARTNER AND YOU SHALL SOLELY HOLD THE EXPERIENCE PARTNER ACCOUNTABLE FOR ANY MATTERS OR COMPLAINTS RELATED TO YOUR PARTICIPTION IN AN EXPERIENCE.

FLYINFOX AND THE FLYINFOX AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND FOR SUCH DAMAGES OR EXPENSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLYINFOX AND THE FLYINFOX AFFILIATES SHALL NOT BE LIABLE FOR; DAMAGES IN ANY MANNER RELATING TO YOUR PARTICIPTION IN AN EXPERIENCE: THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY EXPERIENCE PARTNER: ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN AN EXPERIENCE; ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, THE USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; DAMAGES RELATING TO ANY CONDUCT, ACTION OR CONTENT OF ANY THIRD PARTY USING THE SERVICE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; DAMAGES IN ANY MANNER RELATING TO ANY CONTENT;

THIS LIMITATION APPLIES TO ALL CLAIMS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FLYINFOX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR A REMEDY HAS FAILED ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF FLYINFOX AND ITS AFFILIATES FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE SERVICE.

If any provision of these Terms and Conditions is found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. The failure of you or Flyinfox to enforce any of the provisions of these Terms and Conditions shall not be construed to be a waiver of such provision or the right of you or Flyinfox to enforce such provisions in the future. Flyinfox disclaims all responsibility for any errors stated herein, on the Website, or in any other documentation or other information provided by Flyinfox or an Experience Partner.

These Terms and Conditions will be governed in all respects by the laws of the State of Florida, U.S.A., excluding its conflict of laws principles. You and Flyinfox agree to work together promptly and in good faith to resolve any disputes between you and Flyinfox. If not sooner settled, any disputes arising under this Agreement shall be resolved by a state or federal court of competent jurisdiction located in the State of Florida, U.S.A., and you irrevocably submit to the exclusive jurisdiction of such courts.

The Flyinfox logo is a registered trademark of AdrenalinGifts,Inc. and all other graphics, logos, text, pictures, trade names, and Experience names incorporated in the Flyinfox website or related to the Flyinfox Experience Certificates are copyrights or registered trademarks of AdrenalinGifts,Inc. and are protected by United States and international copyright and trademark laws. The copyrights and trademarks may not be used in any manner whatsoever in whole or in part without the express written consent of Flyinfox.

Flyinfox Experience Gifts www.flyinfoxgifts.com

Customer Service: customers@flyinfoxgifts.com

Phone 1.813.364.2802 / 1.727.697.7696