TERMS AND CONDITIONS

Welcome to Transparensea of Islamorada!

The following terms and conditions (the “Terms of Use”) form a binding agreement between you and Glass Bottom Boat Tour govern your use of the Website and our relationship. The term “Website” includes any website or mobile application operated by Glass Bottom Boat Tour. These Terms of Use may be supplemented, modified, or superseded by the terms and conditions of any other agreement you may enter into with Transparensea Boat you may obtain a current copy of these Terms of Use by accessing the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS ANY PART OF THE WEBSITE.

Glass Bottom Boat Tours policy regarding collecting and using personal information in connection with the Website is provided in Glass Bottom Boat Tours Privacy Policy. Some of our partners, such as brand partners, payment gateways, and social media sites we use, may have privacy policies that differ from ours. You are encouraged to read and understand all privacy policies that may be applicable to your use of the website.

These Terms of Use include your agreement to a mandatory arbitration provision that governs any disputes between you and us (except for matters that may be taken to small claims court and other exceptions as stated under the heading Binding Arbitration) and which includes a class action waiver.

We may change, add, or delete portions of these Terms of Use at any time at our sole discretion. It is your responsibility to check these Terms of Use for changes before using the Website. Your continued use of any Website following the electronic posting of changes to these Terms of Use constitutes your acceptance of any changes. We will use reasonable efforts to notify you of any such material changes by posting notice of the changes on the Website and/or, in our sole discretion, by email or other means.

1. USER DEFINITIONS

We may change, add, or delete portions of these Terms of Use at any time at our sole discretion. It is your responsibility to check these Terms of Use for changes before using the Website. Your continued use of any Website following the electronic posting of changes to these Terms of Use constitutes your acceptance of any changes. We will use reasonable efforts to notify you of any such material changes by posting notice of the changes on the Website and/or, in our sole discretion, by email or other means.

2. MEMBER INFORMATION & AGE LIMIT

We may change, add, or delete portions of these Terms of Use at any time at our sole discretion. It is your responsibility to check these Terms of Use for changes before using the Website. Your continued use of any Website following the electronic posting of changes to these Terms of Use constitutes your acceptance of any changes. We will use reasonable efforts to notify you of any such material changes by posting notice of the changes on the Website and/or, in our sole discretion, by email or other means.

Please keep your Credentials confidential. Your Credentials may not be transferred to or shared with any third party. If someone accesses the Website using your Credentials, we will rely on those Credentials and will assume that it is really you who is accessing the Website. You are solely responsible for any and all use of your Credentials and all activities (including any purchases of Products and Services) that occur under or in connection with your Account. Without limiting any rights that we may otherwise have, we reserve the right to take any and all actions we deem necessary to ensure the security of the Website and your Account, including, without limitation, terminating your Account, changing your Credentials, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Website under your Credentials that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else’s Account or Credentials at any time without the Account holder’s permission. Please notify us immediately if you become aware that your Credentials are being used without authorization. You agree not to register for more than one account, register for an Account on behalf of an individual other than yourself without such an individual’s authorization, or register for an Account on behalf of any group or entity.

3. EMAIL AND ELECTRONIC COMMUNICATIONS

If you provide us with your email address or create an Account, you are, by default, opted in to receive promotional email communications from us. You may, at the time of sign-up, opt-out of receiving email communications from us or may thereafter opt out of email communications by adjusting your profile settings on the Website.

Additionally, we can only provide the benefits of certain portions of our Website (including purchasing Products and Services) by conducting business via electronic communications. You hereby (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights.

You may withdraw your consent to receive communications from us electronically by providing us with notice as set forth in Section 22. If you withdraw your consent, you must stop using the Website from that time forward. The withdrawal of your consent will not impact the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.

4. PURCHASE OF PRODUCTS AND SERVICES

You may purchase Products or Services through the Website. These Terms of Use shall govern your purchase of any Products or Services through the Website. In addition, your purchase of Products or Services may also be governed by additional terms and conditions communicated at the time of purchase. In the event of a direct conflict between these Terms of Use and any additional terms and conditions communicated at the time of purchase, the terms and conditions communicated at the time of purchase shall take precedence and control.

5. GIFT CARD / CREDIT TERMS AND CONDITIONS

Gift Cards and Credits do not expire.

Gift Cards and Credits can be used for purchases at Glass Bottom Boat Tour or at any of our store locations. Gift cards may not be applied to previous purchases. Promotions cannot be applied to Gift Card purchases. If another merchandise is included in your order, the promotion will apply only to those items.

Gift Cards are nonrefundable, cannot be transferred, exchanged, or resold, and cannot be redeemed for cash (except where required by law).

6. ACCURACY

Though we strive for accuracy, occasionally, the information on the Website may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing, and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you undue inconvenience.

Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

7. GENERAL RULES OF USER CONDUCT

It is our goal to make access to our Website a good experience for all of our Users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, your use of the Website, or access to the Website for any purposes other than for which the Website is being provided to you, or do any of the following:

Conduct or promote any illegal activities while using the Website;

Attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;

Attempt to gain access to secured portions of the Website or Services to which you do not possess access rights;

Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

Use the Website to generate unsolicited email advertisements or spam;

Use the Website to stalk, harass or harm another individual;

Use any high-volume automatic, electronic or manual process to access, search, or harvest information from the Website (including, without limitation, robots, spiders, or scripts);

Interfere in any way with the proper functioning of the Website or interfere with or disrupt any servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

Use any robot, spider, other automatic devices, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Website or Our Content contained on any such web page for commercial use without our prior express written permission;

Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; mirror or frame the Website or any of Our Content; place pop-up windows over its pages; or otherwise affect the display of its pages.

8. RIGHT TO SUSPEND

In our sole discretion, we reserve the right to suspend any Member or Customer’s Account or any User’s access to the Website at any time at our discretion, including, without limitation, as necessary in our discretion to protect the security or operation of the Website.

9. OWNERSHIP OF INTELLECTUAL PROPERTY

You understand and acknowledge that the software, code, proprietary methods, and systems used to provide the Website (“Our Technology”) and the materials, information, and content made available or displayed by us on the Website (collectively, “Our Content”) are: (i) copyrighted by us, our licensors and/or other licensors under the United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology, and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Website or Services according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products and the Website constitute trademarks, tradenames, service marks, or logos (“Marks”) of Glass Bottom Touor other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, create derivative works of, or otherwise use Our Content and any Marks from Our Content or Our Technology. Any third-party software used in connection with the Website or Services will be governed by such third parties’ licenses and not by these Terms of Use.

10. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

We respect the intellectual property of others, and we ask you to do the same. If you believe that any of Our Content infringes your copyrights, please provide our DMCA Agent with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.

Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please direct any such notifications to Attn: Legal Dept.

11. USER CONTENT

In the event that you provide us any images, creative content, ideas, thoughts, criticisms, suggested improvements, or other feedback related to Our Content, Our Technology, the Marks, the Website, our Products, and Services, or any other feedback related to the Glass Bottom Boat Tour (collectively “User Content”), you agree that we may use the User Content, in whole or in part and in any manner in our sole discretion, on our Website, through any social media site that we use, through any of our other marketing channels, or in our Products or Services, and that you will not be due any compensation, including any royalty related to the marketing, product or service that incorporates your User Content. 

You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the User Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the User Content on the Website, through any social media site we use, or any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

12. MODIFICATIONS TO THE WEBSITE

We reserve the right to modify or discontinue the Website, with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Website. If you object to any such changes, your sole recourse will be to cease access to the Website. Continued access to the Website following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Website as so modified. In our sole discretion, you agree that we may immediately terminate your access to the Website at any time for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.

13. THIRD-PARTY CONTENT AND OTHER WEBSITES

Content from other users, suppliers, advertisers, and third parties may be made available through the Website. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third-party rights related to such content. The Website may contain links to websites not operated by us, including the websites of our partner brands. We are not responsible for such websites’ content, products, materials, or practices (including privacy practices). You understand that using the Website may expose you to third-party websites that you find offensive, indecent, or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party websites, products, or services are accessible by hyperlink or otherwise from the Website. We provide these links for your convenience only and do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third-party websites or any association with their operators. The Website may contain links to websites that are operated by us but which operate under different terms of use. You are responsible for reviewing the privacy policies and terms of use of any other website you visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.

14. DISCLAIMER OF WARRANTIES

THIS WEBSITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO OR PURCHASED BY YOU THROUGH THIS WEBSITE ARE PROVIDED BY TRANSPARENSEA BOAT A “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GLASS BOTTOM BOAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR ANY PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO OR PURCHASED BY YOU THROUGH, THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. We make no warranty that the Website, Products, or Services will meet your requirements or that the Website will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Website, Products or Services, or that defects in the Website, Products or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Website, Services, or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms of Use.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY IN INDIVIDUAL CASES. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE, AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

15. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE, ALLOW YOU TO PURCHASE PRODUCTS AND SERVICES, OR COLLECT PAYMENT FROM YOU IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BE, OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE WEBSITE, PRODUCTS, OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PRODUCTS OR FOR ANY INFORMATION APPEARING ON ANY OTHER WEBSITE LINKED TO OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, PRODUCTS, OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE WEBSITE, PRODUCTS, AND SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (i) THE TOTAL AMOUNT OF YOUR PURCHASES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, AND (ii) TEN DOLLARS (U.S. $10.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT DO SO, THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES, WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, HACKING, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

16. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Glass Bottom Boat Tour, our parents, subsidiaries, affiliates, officers, directors, co-branders, and other partners, employees, consultants, and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (i) your use of the Website, Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information, or materials you upload to the Website; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancel bots or other similar harmful or deleterious programming routines input by you into the Website or Services.

17. GOVERNING LAW

These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Illinois, without respect to its choice of law provisions.

18. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

READ THIS SECTION CAREFULLY, IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.

Binding Arbitration. This provision shall be interpreted broadly to encompass any and all demands, disputes, or claims, however styled, arising out of or relating to these Terms of Use, your use of the Websites, or your purchase, receipt, or use of any Products. Any demand, dispute, or claim arising out of or relating to these Terms of Use, your use of the Websites, or your purchase, receipt, or use of any Products (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved by binding mandatory arbitration. There shall be one arbitrator, and the arbitrator shall have the exclusive power and jurisdiction to rule on his or her own jurisdiction, including but not limited to any objections with respect to the existence, scope, or validity of this arbitration agreement or the arbitrary of any disputes, claims or controversies.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879. You and we agree that these Terms of Use evidence a transaction in interstate commerce, and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and not governed by state law. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in a court with proper jurisdiction.

Exceptions. Notwithstanding the “Binding Arbitration” paragraphs above, you and we agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court provided the claims asserted qualify as a small claim(s) by such a court, (2) pursue enforcement actions through applicable federal, state or local agencies where such actions are available, or (3) to file suit in a court of law to address any alleged violations of the Computer Fraud and Abuse Act or claims of intellectual property infringement or misappropriation. If pursued under this paragraph, any such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the state or federal courts located in Chicago, Illinois.

Pre-Arbitration Procedures. Before you or Glass Bottom Boat Tour commences an arbitration, the party who intends to commence arbitration must first send a written description of the claim or dispute and the relief sought to the other party to allow us both an opportunity to resolve the matter. We will send notice to the email you used to create your Account. You will send notice to Glass Bottom Boat Tour by sending an email to the following email address: liz@glassbottomtour.com. You and we each agree to negotiate your claim in good faith. Either party may request arbitration if the claim or dispute cannot be resolved within 60 days.

Location and Costs of Arbitration. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established in the AAA Rules. If your claim exceeds US $10,000, the right to a hearing and the hearing process will be determined by the AAA Rules. Regardless of the manner in which the arbitration will be conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last settlement offer, if any, made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other User, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

19. GENERAL TERMS

These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject hereof, and supersedes all prior oral or written understandings, communications, or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

20. SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

21. SURVIVAL

Sections 1 through 3, 8, 10, and 12 through 21 of these Terms of Use will survive the expiration or termination of these Terms of Use for any reason.

22. NOTICE; VIOLATIONS

We may give notice to you by email, a posting on the Website, or other reasonable means. You must give notice to us in writing via email to liz@glassbottomtour.com or as otherwise expressly provided. Please report any violations of these Terms of Use to liz@glassbottomtour.com