TERMS AND CONDITIONS FOR WEBSITE USAGE.

Welcome to The New Jersey Adventure Tours website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern New Jersey Adventure Tours' relationship with you in relation to this website. The term "you” refers to the user or viewer of our website.

ABOUT USING THIS WEBSITE.

By using this website, you are accepting all the terms of this disclaimer notice. If you do not agree with anything in this notice, you should not use this website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither NJAT nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which NJAT shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licenses to NJAT. This material includes, but is not limited to the design, layout, look, appearance and graphics. Reproduction is prohibited.
  • Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution r for any commercial enterprise, without NJAT's express prior written consent.
  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to NJAT, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). NJAT has no responsibility for the content of the linked website(s).
  • You many not create a link to this website from another website or document without NJAT's prior written consent.
  • NJAT reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, NJAT grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to NJAT on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • You may not use the Site or any Content of any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of NJAT or others.
  • You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or many other visitor of NJAT, including any NJAT account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  • You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or NJAT's systems or networks, or any systems or networks connected to the Site or to NJAT.
  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
 

WARRANTIES, LIABILITY AND DISCLAIMERS.

  • While every effort is made to ensure that the content of this website is accurate, the website is provided "as is" and NJAT makes no representations or warranties in relation to the accuracy or completeness of the information found on it. While the content of this site is provided in good faith, we do not warrant that the information will be kept up to date, be true and not misleading, or that this site will always (or ever) be available for use.
  • NJAT does not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. NJAT recommends scanning any files before downloading.
  • Nothing on this website should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties related to the content and use of this site.
  • In no event will NJAT be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the sue of this website or any linked websites.
  • NJAT disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any NJAT services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against NJAT for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between NJAT and you.
  • NJAT reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, and any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  • NJAT requires group tours of 4 or more clients to be booked under one form of payment. Groups requesting or requiring individual payment processing are subject to processing and/or service fees based on the amount of transactions requested. NJAT reserves the right to amend the service fee or processing fee to reflect the amount of time individual processing consumes based on clientele requests.  


CANCELLATION POLICY

NJAT will require a NON REFUNDABLE deposit of no less than 50% of the total amount of the tour up front. Any cancellations of groups or individuals within 24 hours of the scheduled tour will require and result in a mandatory full payment for the group or individual. No tours may be rescheduled if cancelled by the client without a new deposit being made. Tours may only be rescheduled due to weather, equipment or terrain issues that may cause and or lead to substantial damage to the environment or human life and or safety issues.   


LIMITATION OF LIABILITY

  • Except where prohibited by law, in no event will NJAT be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if NJAT has been advised of the possibility of such damages.


INDEMNITY

  • You agree to indemnify and hold NJAT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against NJAT by any third party due to or arising out of or in connection with your use of the Site.
 

VIOLATION OF THESE TERMS OF USE

  • NJAT may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) NJAT's rights or property, or the rights or property of visitors to or users of the Site, including NJAT's customers. NJAT reserves the right at all times to disclose any information that NJAT deems necessary to comply with any applicable law, regulation, legal process or governmental request. NJAT also may disclose your information when NJAT determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
  • You acknowledge and agree that NJAT may preserve any transmittal or communication by you with NJAT through the site or any service offered on or through the Site, and may also disclose such date if required to do so by law or NJAT determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of NJAT, its employees, users of or visitors to the Site, and the public.
  • You agree that NJAT may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine the at you have violated these Terms of Use or other agreements or guidelines which many be associated with your use of the Site.
  • You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to NJAT, for which monetary damages would be inadequate, and you consent to NJAT obtaining any injunctive or equitable relief that NJAT deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies NJAT may have at law or in equity.
  • You agree that NJAT may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requested by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
  • If NJAT does take any legal action against you as result of your violation of these Terms of Use, NJAT will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to NJAT. You agree that NJAT will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
 

GOVERNING LAW; DISPUTE RESOLUTION

  • You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New jersey without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State or Federal Court in Morris County, New Jersey, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claims or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between NJAT and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party many submit such controversy or dispute to mediation. If the dispute cannot be solved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
 

PRIVACY POLICY

This privacy policy sets out how NJAT uses and protects any information that you give when you use this website.

NJAT is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

NJAT may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

 

WHAT NJAT WILL COLLECT

NJAT may collect the following information:

  • Name and job title
  • Contact information including email address
  • Demographic information such as zip code, preferences and interests
  • Other information relevant to customer surveys and/or offers.
 

WHAT NJAT WILL DO WITH THE INFORMATION NJAT GATHERS

NJAT requires this information to understand your needs and provide you with better service, and in particular for the following reasons:

  • Internal record keeping.
  • NJAT may use the information to improve our services.
  • NJAT may periodically send promotional emails about special offers or other information which we think you may find interesting using the email address which you have provided.
 

SECURITY

NJAT is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

NJAT will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. NJAT may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

 

VOID WHERE PROHIBITED

NJAT administers and operates the www.njadventuretours.com Site from its location in Parsippany, New Jersey USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. NJAT reserves the right to limit, in its sole discretion, the provisions and quantity of any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions or Terms of Use are held by a Court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and NJAT with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and NJAT with respect to such use are hereby superseded and cancelled. NJAT will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. NJAT's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by NJAT of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between NJAT and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

NJAT provides access to NJAT data and, therefore, may contain references or cross references to NJAT products, programs and services that are not announced in your country. Such reference does not imply that NJAT in your country intends to announce such products, programs or services.
 

FEEDBACK AND INFORMATION

Any feedback you provide at this Site shall be deemed to be non-confidential. NJAT shall be free to use such information on an unrestricted basis.

The information contained in this website is subject to change without notice.

Copyright©2017 New Jersey Adventure Tours, LLC. All rights reserved.

New Jersey Adventure Tours, LLC, PO Box 125, Parsippany, NJ 07054.