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.  

ALL PERSONS WHO PURCHASE, BOOK, REDEEM, AND/OR PARTICIPATE IN AN EXCITATIONS EXPERIENCE MUST AGREE TO THESE TERMS AND CONDITIONS.  BY PURCHASING, BOOKING, REDEEMING, OR PARTICIPATING IN ANY EXPERIENCE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

As used in these Terms and Conditions, the terms “we” and “Excitations” refer to Excitations, LLC, a Virginia limited liability corporation.  The terms “you” and “user” refer to any person who purchases, books, redeems, participates in, or otherwise uses an Experience.  

All users of an Excitations Experience must be at least 18 years of age, unless the Experience description on www.excitations.com specifically permits individuals under the age of 18 to participate, in which case all such minor participants must be accompanied by a parent or legal guardian and the parent or legal guardian agrees to these Terms and Conditions on behalf of the minor child.

Excitations 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 the Excitations web site at www.excitations.com.

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
You may purchase an Excitations Experience as a gift for yourself or others by either selecting a specific Experience for your gift recipient or purchasing a gift choice package that allows your recipient to use their Experience Card for one of several Experiences offered within that gift package.  For more information on gift packages, visit https://www.excitations.com/packages.  The Experiences offered as choices within each of these gift packages may change from time to time, and each Experience description may vary by location.  If you select a particular Experience for your gift recipient, your gift recipient and any other participants must be able to meet the stated physical and other requirements associated with the Experience.

If you are giving an Experience as a gift, you will have the option of (1) sending a gift box including the printed Experience Card to the gift recipient via Excitations preferred box delivery options, (2) sending an email with the Experience Card Number to your gift recipient, or (3) instantly printing a Experience Card with the Experience Card Number to give to your gift recipient.  All gift deliveries will include the Experience Card Number, redemption and use instructions, and a summary of these Terms and Conditions via print, link or reference.  IMPORTANT: ALL GIFT RECIPIENTS AND ANY OTHER PARTICIPANTS MUST AGREE TO THESE TERMS AND CONDITIONS BEFORE REDEEMING THE EXPERIENCE CARD AND/OR PARTICIPATING IN AN EXPERIENCE.  

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
The Experience Card or Experience Card Number is valid for use between the date of issue and the USE BY date stated with the card.  The USE BY date is the date by which the experience must be booked and participated in (“USED”).  Any booking which is within the cancellation window for that experience is also USED regardless of the card holders actual participation.  The USE BY date is normally 18 months from the issue date except where otherwise stated by law.  To verify the USE BY date for an Experience or to inquire about extension options, visit www.excitations.com, e-mail customerservice@excitations.com, or call 1.877.839.2483. Excitations is not obligated to grant extension requests and may refuse to grant any extension request for any reason in its sole discretion.   Unless prohibited by applicable law, any extension of the USE BY date of an Experience Card or an Experience Card Number is subject to an administrative fee of fifteen dollars ($15.00) plus any increase in the retail price of the experience as listed on www.excitations.com.  All extensions extend the USE BY date for 12 months and must be requested PRIOR to the USE BY date.  Only one extension request is permitted per Experience Card or Experience Card Number.

Transferability
Experience Cards and/or Experience Card Numbers are transferable after a Booking Confirmation has been issued, provided that the transferee of the Experience Card or Experience Card Number agrees to these Terms and Conditions and provides accurate identifying information (e.g., name, address, etc.) to Excitations and the Experience Provider on or before the day of the Experience.  The assignee of any Experience Card or Experience Card Number is subject to all of the terms included in these Terms and Conditions, including without limitation provisions regarding acceptance of risk and Excitations’ limitation of liability.

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

Refunds
An Experience Card or Experience Card Number is unused if the Experience has not been booked.  Excitations will provide a full refund for any unused Experience Card or Experience Card Number within thirty (30) days of purchase.   Return preauthorization is required for all Experience Card or Experience Card Number returns and can be obtained by contacting Excitations Customer Service at www.excitations.com, customerservice@excitations.com, or via phone at 1.877.839.2483.  Shipping charges are non-refundable.  Refunds will only be made to the original purchaser of the Experience Card or Experience Card Number per the payment method of purchase.  Excitations may, at its discretion, provide a refund for an experience that is purchased and booked within 30 days of purchase, subject to a $50 administrative fee.  After 30 days of purchase, no refunds will be given, and unused Experience Cards or Experience Card Numbers are exchangeable only pursuant to the Excitations exchange policy described below.  There is an extended return policy for holiday purchases made between November 15 and December 31, which may be returned until January 31 subject to all other terms and conditions in this paragraph.  Once you have booked an Experience and received a Booking Confirmation Number, cancellations and rebookings are accommodated pursuant to the cancellation and rebooking procedures described in these Terms and Conditions, unless otherwise specified by Excitations. 

Exchanges
Unused Experience Cards or Experience Card Numbers are exchangeable for an alternate experience.  Exchanges are not permitted for Excitations Gift Certificates or store credit, you must select a new experience when exchanging in order to preserve the USE BY date of the Experience Card.  When the new Experience is a lower priced item than the original Experience, you will receive an account credit toward a future Excitations Experience in the amount of the stated price difference.  When the new Experience is a higher priced Experience than the original Experience, you will incur a charge equal to the price difference.  The new Experience Card will have the same USE BY date as the original Experience Card. 

Cancellations and Rebookings
After you have used your Experience Card and receive a Booking Confirmation Number, cancellations and rebookings are accommodated up to fourteen (14) days prior to the Experience unless otherwise noted at www.excitations.com for a particular Experience.  Excitations is not obligated to accommodate schedule changes after that date, and any cancellations after that date are non-refundable.  In addition, failure to appear as scheduled in your Booking Confirmation to participate in your Experience constitutes a “no-show” and results in a nonrefundable cancellation and a forfeiture of your experience.  All rebookings must be booked and the Experience Card must be USED by the USE BY date. 

Price Match Guarantee

Effective Date.  This Price Guarantee is good on experiences purchased on or after 1/1/2012.

Price Guarantee. Should a customer find a lower rate(the Comparison Rate)  at the service provider on the date of booking, we will either credit the Excitations account of the participant, or refund the credit card of the purchaser for 110% of the rate difference. This  Price Guarantee is subject to the terms and conditions listed below.

Restrictions.  The Price Guarantee is available only for rates on exact experience matches, for example, the base price of the experience plus any added service or products, and including taxes where charged, and on the exact same dates and times as service as booked through Excitations.    The Comparison Rate Must Be Regularly Available to the General Public. The lower rate must be available for booking at the time you contact us, as determined by our customer service representatives, and it cannot be a seasonal promotion, a limited time only offer, or a group discount available through such discounters as Groupon or LivingSocial.  Due to the nature of the hotel business, Excitations cannot offer the Price Guarantee on any experiences involving a hotel stay.

Notification.   You must contact Excitations directly either by telephone at 1-877-839-2483 or by email to customerservice@excitations.com   within forty-eight (48) hours after the schedule booking to make a claim under the  Price Guarantee.  All claims of rate differences are subject to verification by Excitations with the provider. 

Changes. Excitations reserves the right in its sole discretion to modify or discontinue the Price Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to the purchaser or the recipient. The terms that are in effect at the time of the booking will determine  eligibility under the Price Guarantee.  The failure by Excitations to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.
 

E. SELECTION AND USE OF AN EXPERIENCE

Experience Providers
Excitations acts as your booking agent with Experience Providers.  Excitations is independently owned and operated and is not affiliated directly or indirectly with, nor does Excitations control, any Experience Provider.  Experience Providers are independent contractors of Excitations and are not agents or employees of Excitations, its subsidiaries, corporate affiliates, licensors, or licensees.  Excitations makes no warranty, representation, or guarantee regarding the Experience or the Experience Provider, including without limitation the availability, quality, safety, or efficacy of any Experience or Experience Provider.  

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.

Experience Descriptions
Any pictures used in Excitations’ promotional materials are for illustration purposes only and may not reflect the specific details of the actual Experience.  The Experience description as provided by Excitations is a summary at the time of print and may change, subject to Excitations’ or the Experience Provider’s discretion.  As such, descriptions in Excitations’ marketing materials may not fully or precisely describe the actual Experience received.  The most current Experience descriptions are available at www.excitations.com.

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.

Experience Restrictions
Excitations uses commercially reasonable efforts to communicate all terms, conditions, limitations, and restrictions applicable to participation in an Experience at the time of purchase and booking, such as age or height restrictions, health factors, equipment requirements, and other such information.  This information is available on www.excitations.com and will be included in all Booking Confirmations.  Excitations strives to keep Experience information as up to date as possible.  However, details of each Experience are subject to change from time to time and may vary among Experience Providers and/or locations. 

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. 

Availability
All Experiences are offered subject to availability and must be booked through Excitations according to the booking procedures stated in these Terms and Conditions.  Bookings must be made in advance.  Guidelines and suggestions for advanced booking will vary by Experience and are provided on www.excitations.com and during the booking process.  In the case of overbooking, mechanical difficulties, acts of God, equipment availability, celebrity illness, weather conditions, or other acts or events outside the control of Excitations or the Experience Provider (collectively, “Force Majeure Events”), Excitations reserves the right to work with the Experience Provider to make a reasonable substitution on the day of the Experience.  If substitution is not possible, Excitations reserves the right to cancel the Experience on short notice.

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
In the unlikely event that an Experience is withdrawn from Excitations’ offerings, Excitations will, at its option, either (1) provide you with an alternative Experience, or (2) rebook your Experience at a reasonable alternative location.

Travel
Unless otherwise expressly stated on the www.excitations.com web site, the cost of an Experience does not include travel or transportation to and from the specific location of the Experience, accommodations, meals, or other travel-related expenses.  Each Experience participant is responsible for making his or her own travel arrangements, as applicable, to use the Experience, and is solely responsible for meeting any passport or other travel documentation requirements.  Excitations is not responsible for damages or losses of any kind whatsoever that may result from travel to any Experience location.

Persons with Disabilities
Excitations recognizes that persons with disabilities may have difficulty participating in certain Experiences.  While certain Experiences may require certain physical abilities, Excitations encourages the involvement of all persons in the Experiences to the most reasonable extent possible.  To help us meet your needs, we ask that you inform us of any relevant disability when your Experience is booked.  For any further questions or comments, please call an Excitations Customer Experience Representative at  1.877.839.2483 or email us at customerservice@excitations.com.

Acceptance of Risk
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 Excitations’ booking services.  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 (1) reasonably anticipate these safety risks and accept them, (2) have had time to consider and review all relevant information regarding participation in the Experience, (3) voluntarily choose to participate in the Experience, and (4) knowingly and voluntarily assume, as between you or them and Excitations, 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 Provider’s safety standards.  In these circumstances, you must notify the Experience Provider immediately of (a) the fact that you decline to participate, and (b) the nature of the safety issue.  Excitations may work with you to rebook the same (or similar) Experience at our sole discretion, based on the nature of the safety issue.
 
Complaints about an Experience
You must immediately notify Excitations and, if on the day of the event, the Experience Provider if you have any concerns or complaint regarding an Experience in which you have participated.  Excitations has no obligation to address complaints or concerns that are not brought to its attention in a timely manner.

F. OFFERS AND PROMOTIONS

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
Excitations participated in JetBlue Airways' TrueBlue rewards program, providing the option to receive TrueBlue points for Excitations purchases through April 1, 2013.  Requests for TrueBlue points must have been made at the time of purchase, and points are awarded at a predetermined rate based on the cash amount of the item purchased. Purchases made using an Excitations account credit, and Excitations gift card, or any exchange that does not involve a cash transaction were not eligible to receive TrueBlue points. Purchasers choosing to receive TrueBluepoints with their purchase are not eligible for any other Excitations' promotion on that purchase.  The name and TrueBlue number provided must match those listed in the TrueBlue account.  TrueBlue points will be posted within six weeks of the purchase date.  If a refund is sought for purchases for which points have posted to a TrueBlue account, then a service charge may be charged based on the purchase amount.

G. PRIVACY POLICY

The purchase or redemption of an Experience Card and/or the booking of or participation in an Experience implies acceptance of the Excitations Privacy Policy.  Registration Information and certain other information about any gift recipient is also subject to Excitations’ Privacy Policy.  Excitations’ Privacy Policy is available at www.excitations.com.  Please note that his site uses ClickTale web analytics service. ClickTale may record mouse clicks, mouse movements, scrolling activity as well as any text you type in this website. ClickTale does not collect personally identifiable information that you do not voluntarily enter in this website. ClickTale does not track your browsing habits across web sites which do not use ClickTale services. For more information see Privacy Policy for Information Collected by the ClickTale Web Analytics Service. We are using the information collected by ClickTale service to better understand website usage patterns. You can choose to disable the Service at http://www.clicktale.net/disable.html.

H. INDEMNIFICATION

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.