EXCITATIONS, LLC TERMS AND CONDITIONS SUMMARY
WELCOME to Excitations! These Terms and Conditions (“Terms and Conditions”) contain important information and requirements related to the purchase and use of any product or service (“Experience”) provided by Excitation’s booking service, including any Experience offered for purchase and booking through any of our marketing partners.
A. PURCHASING AN EXPERIENCE
Purchasing an Excitations Experience is easy. Orders can be placed at www.excitations.com, via phone to Excitations Customer Service at 1.877.839.2483, or via select marketing partners under the Excitations brand or otherwise. When you purchase an Experience you receive a ticket (“Experience Card/Experience Card Number”), and you authorize Excitations to facilitate Experience reservations on your behalf with any third parties with whom Excitations has contracted to provide the Experience (“Experience Provider”), including making payment arrangements on your behalf with Experience Providers.
Your credit card will be charged by Excitations for the total ticket/reservation price plus applicable tax, service fees, and any other fees specified at the time of purchase. Excitations will confirm your purchase by providing an order number associated with the transaction.
You or your gift recipient will then receive via postal mail an Experience Card and specific instructions for using the Experience Card. Each Experience Card will have a unique Experience Card Number. In some cases, an Experience Card Number may be sent to you or your gift recipient via email or made available for download via the web site, along with the use instructions, in lieu of a physical Experience Card.
Gifts and Gift Packages
B. THE EXCITATIONS EXPERIENCE CARD
The Excitations Experience Card is a ticket which allows the holder to book and participate in (“USE”) an experience between the dates associated with each experience card. You will need the Experience Card Number provided on your plastic Experience Card, printed experience card, or email (as applicable) in order to book, redeem, and/or participate in the Experience The Experience Card may not be redeemed for cash and is not a gift certificate or gift card. The Experience Card is not a credit card or a debit card, and the Experience Card does not have a stored value nor is an insured deposit in a financial institution. Keep your Experience Card and/or your Experience Card Number in a secure place. If lost, stolen or destroyed, neither the Experience Card nor the Experience Card Number is replaceable. Excitations is not responsible for any loss incurred by you for a lost, stolen, or destroyed Experience Card or Experience Card Number, including without limitation losses resulting in or from identity theft or fraud. Experience Cards or Experience Card Numbers are valid for use with an Experience Provider only when combined with a valid Booking Confirmation Number, as described in the “Booking An Experience” Section of these Terms and Conditions.
USE BY Dates
C. BOOKING PROCEDURES
In order to book an Experience, contact Excitations at www.excitations.com or via phone at 1.877.839.2483 or through any of our marketing partners as directed. You must provide the Experience Card Number. Once Excitations confirms that the Experience Card Number is active, you will select or confirm your Experience and select a location and preferred dates. Experiences are regionally based and are valid only in the region purchased. Transferring experiences between regions requires an exchange pursuant to the Excitations Exchange policy described below and may require additional fees.
Excitations is your booking agent to reserve and make payment on your behalf to the Experience Provider. Once Excitations schedules the Experience with the Experience Provider, Excitations will contact you and provide booking confirmation information including a “Booking Confirmation Number.” Booking Confirmation Numbers are provided via email, fax or post; no other booking confirmation is valid. The Booking Confirmation Number is an important piece of identifying information. You must present the Booking Confirmation Number along with the Experience Card Number to the Experience Provider on the date of your Experience in order to participate in the Experience. Redemption and/or participation in an Experience is conditioned upon your acceptance of these Terms and Conditions and any other terms and conditions that apply to your specific Experience. Excitations and/or the Experience Provider has the right to refuse to provide any Experience or any portion thereof to you or your gift recipient for any reason.
D. REFUNDS, EXCHANGES, CANCELLATIONS, AND PRICE MATCH GUARANTEES
Cancellations and Rebookings
Price Match Guarantee
Effective Date. This Price Guarantee is good on experiences purchased on or after 1/1/2012.
E. SELECTION AND USE OF AN EXPERIENCE
The Experience Provider may impose additional terms, conditions, or requirements that Excitations has not been able to communicate to you in an Experience description. Accordingly, prior to participating in any Experience, you should ensure that you have obtained from the Experience Provider all terms, conditions, requirements, and other information that applies to your use of the Experience. Without limiting the foregoing, the Experience Provider may require that you sign appropriate liability and other waivers. Excitations is not responsible for any additional terms, conditions, requirements, restrictions, waivers, guidelines, rules or other obligations imposed by the Experience Provider that are not stated in these Terms and Conditions. Experience Providers are solely responsible for their health and safety standards and operating practices.
The chronology and duration of each Experience stated by Excitations, if any, is an approximation of the time you will spend at the venue and may vary depending on the Experience Provider, the location of the Experience, or other factors. In addition, when the Experience includes multiple participants, there may be waiting and/or instruction time at the time of the Experience.
In addition, the Experience Provider may contact you in order to provide additional information or restrictions about the Experience prior to your scheduled date of participation. It is your responsibility to comply with all necessary requirements of your Experience as set out on the Excitations web site or as otherwise provided by Excitations or the Experience Provider. Cancellations of your Experience after Booking Confirmation due to your inability to meet these requirements or the inability of any other Experience participant to meet these requirements is subject to the cancellation and rebooking policies described in these Terms and Conditions. Excitations does not warrant the correctness, accuracy, or reliability of any documents or other information provided about an Experience by Excitations or any Experience Provider.
If an Experience is cancelled by Excitations or the Experience Provider, for any reason, you will be notified as soon as possible in order to book a convenient alternate date for your Experience at no additional charge. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, Excitations 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 Excitations or the Experience Provider pursuant to this paragraph.
Withdrawal of an Experience or Location
Persons with Disabilities
Acceptance of Risk
Excitations at its own discretion may introduce offers and promotions at any time. These offers and promotions may be limited in terms of quantities or experiences available and/or time period. Promotional purchases may be limited on a per customer or per order and may not be exchanged and the USE BY date will not be extended. 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 other offer are subject to Excitations’ Terms and Conditions. If the terms and conditions of the promotion or offer are in any way in conflict with Excitations’ 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 Excitations 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 Excitations. If this request is made, and if needed, Excitations will loan any and all equipment necessary to capture photos or video.
JetBlue Airways TrueBlue Rewards Program
You agree to defend, indemnify, and hold harmless Excitations, its licensors, licensees, Experience Providers, and other suppliers and their respective parents, subsidiaries, and affiliated companies, and the officers, directors, shareholders, employees, and agents of all such entities, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, without limitation, reasonable legal and accounting fees, brought by you or any third parties (collectively, “Claims”) arising out of or resulting from: (1) your use of the Excitations service; (2) your participation in an Excitations Experience, regardless of whether your Claim is based in tort, strict liability, or any other legal theory; (3) your violations of these Terms and Conditions; (4) your violation of any law or the rights of a third party; and (5) your use of the www.excitations.com web site.
I. LIMITATION OF LIABILITY AND RELEASE
EXCITATIONS AND ITS LICENSORS, LICENSEES, EXPERIENCE PROVIDERS, AND OTHER SUPPLIERS AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF ALL SUCH ENTITIES (COLLECTIVELY, THE “EXCITATIONS AFFILIATES”) HEREBY DISCLAIM ANY AND ALL WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) IN CONNECTION WITH ANY EXPERIENCE, YOUR USE OF THE EXCITATIONS BOOKING SERVICE, AND/OR YOUR ACCESS TO OR USE OF THE WWW.EXCITATIONS.COM WEB SITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCITATIONS AND THE EXCITATIONS AFFILIATES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, EXCITATIONS AND THE EXCITATIONS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY EXPERIENCE PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF YOUR USE OF ANY EXPERIENCE. THE EXCITATIONS COMPANIES AND THE EXCITATIONS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND FOR SUCH DAMAGES OR EXPENSES.
While Excitations make reasonable efforts to ensure the accuracy and completeness of the information contained on www.excitations.com, any Booking Confirmation, or other materials or communications to you, such information and communications may contain technical inaccuracies or typographical errors. EXCITATIONS AND THE EXCITATIONS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF SUCH INFORMATION OR COMMUNICATIONS OR ANY SOFTWARE, PRODUCTS, OR SERVICES MADE AVAILABLE ON THE WWW.EXCITATIONS.COM WEB SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN SAME. ALL SUCH INFORMATION AND COMMUNICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUS.
BY PURCHASING, REDEEMING, BOOKING AND/OR PARTICIPATING IN AN EXCITATIONS EXPERIENCE, YOU HEREBY RELEASE AND FOREVER DISCHARGE EXCITATIONS AND THE EXCITATIONS AFFILIATES FROM ANY AND ALL LIABILITIES, LOSSES, CHARGES, CLAIMS, COSTS, DAMAGES, INJURY AND ACTIONS, IN LAW OR EQUITY, THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES HAVE OR MAY IN THE FUTURE HAVE BY REASON OF ANY ACT, OMISSION, MATTER, CAUSE OR THING THAT OCCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH A PARTICULAR EXPERIENCE.
Despite the limitations and release above, if Excitation and/or the Excitations Affiliates are found liable for any loss or damage which arises out of or if in any way connected with any of the occurrences described above, then the liability of Excitations and/or the Excitations Affiliates shall in no event exceed, in the aggregate, the greater of (a) the amounts paid for the Experience giving rise to your claim, or (b) one hundred dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations of liability and release provided in these Terms and Conditions inure to the benefit of Excitations and the Excitations Affiliates and shall survive the termination of your relationship with Excitations for any reason.
J. GENERAL PROVISIONS
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 Excitations 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 Excitations to enforce such provisions in the future. Excitations disclaims all responsibility for any errors stated herein, on the www.excitations.com web site, or in any other documentation or other information provided by Excitations or an Experience Provider, which errors are subject to correction.
These Terms and Conditions will be governed in all respects by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of laws principles. You and Excitations agree to work together promptly and in good faith to resolve any disputes between you and Excitations. 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 Commonwealth of Virginia, U.S.A., and you irrevocably submit to the exclusive jurisdiction of such courts.
“Excitations,” “Experience Card,” and “Experience Cards” are trademarks of Excitations, LLC and all other graphics, logos, text, pictures, trade names, and Experience names incorporated in the Excitations web site or related to the Excitations Experience Cards are trademarks or registered trademarks of Excitations, LLC, 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 Excitations.