Welcome to exploringnotboring.com and thanks for our platform ❤️
This page tells you the terms on which you may use our website and platform exploringnotboring.com, whether as a registered user or guest.
Please read these Terms of Service carefully. By using the site, you accept the terms of use and agree to comply with them. If you do not accept the terms, you must not use the site.
To contact us, please email hello@exploringnotboring.com or reach out to us via the Help Center on our site.
✅ If your country of residence or establishment is within the European Economic Area (“EEA”), Switzerland or the United Kingdom, the Terms of Service for European Users apply to you.
✅ If your country of residence or establishment is outside of the EEA, Switzerland, and the United Kingdom, the Terms of Service for Non-European Users below apply to you.
Thanks for being here!
Terms of Service for Non-European Users
Last Updated: July 6, 2023
IMPORTANT, READ CAREFULLY: These Terms of Service (“Terms”) are a binding legal agreement between you and EXPLORINGNOTBORING, BLLC (individually, each a “Party” and collectively, the “Parties”) that govern your use of the websites, applications, and other offerings from EXPLORINGNOTBORING, BLLC (collectively, the “EXPLORINGNOTBORING Platform”). When used in these Terms, “we,” “us,” “our,” or “EXPLORINGNOTBORING” refers to the EXPLORINGNOTBORING entity with whom you are contracting. Please be advised that these Terms of Service contain provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability; and Dispute Resolution and Arbitration Agreement provisions below).
ARBITRATION NOTICE: Please read Section 25 carefully.
Description of Service
exploringnotboring.com is a listing platform, it is not a financial institution, merchant, creditor, charity, advisor or broker of any kind. The EXPLORINGNOTBORING Platform is designed to allow users (“Members”) to buy or sell products or services that encourage positive life experiences. We have two types of Members: users who sell on the platform (“Partners”), and users who make purchases on the platform (“Seekers”). Partners can list services including tours, classes, excursions, things to do, and a variety of travel and other services (collectively, “Activities”), including events (“Events”, and collectively with activities, “Experiences“), or inspiring products that are handmade or designed by the seller (collectively, “Products“, and collectively for all products and services, “Partner Offerings“). Each Partner Activity, Event, or Product offering is a listing (“Listing”) on the platform. You must register an account to access and use many features of the EXPLORINGNOTBORING Platform, and must keep your account information accurate. As the provider of the EXPLORINGNOTBORING Platform, EXPLORINGNOTBORING, BLLC does not own, control, offer or manage any Listings or Partner Offerings. EXPLORINGNOTBORING is not a party to the contracts concluded directly between Partners and Seekers, nor is EXPLORINGNOTBORING an insurer or an organizer or retailer of travel packages. EXPLORINGNOTBORING is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about EXPLORINGNOTBORING’s role see Section 19.
DESCRIPTION OF SERVICE IN A NUTSHELL
We develop a community for Partners to sell services and products, receive messages and payment from Seekers, and for Seekers to securely make purchases that encourage positive life experiences.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by EXPLORINGNOTBORING.
If you become a Partner to sell products or services on exploringnotboring.com, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Partner Offerings.
Acceptance of Terms
By accessing the EXPLORINGNOTBORING Platform, you are agreeing to be bound by these Terms of Use and agree that you are responsible for compliance with any applicable local laws.
You are also agreeing to be bound by the terms and conditions of the third-party services that you connect to your EXPLORINGNOTBORING Account as Stripe, Zoom, YouTube, Google, and Facebook.
If you do not agree with any of these terms, you are prohibited from using or accessing the EXPLORINGNOTBORING Platform. You may terminate these Terms at any time by deleting your account.
ACCEPTANCE OF TERMS IN A NUTSHELL
By using the EXPLORINGNOTBORING platform you agree to all applicable terms contained herein.
SEEKER TERMS
1. Our Mission.
Our mission is to build a community that cultivates shared, meaningful experiences. Browse through unique ideas of Partner Offerings to find the best activities, events, and products that shape the way you live your life. Learn more about a Listing by reviewing the description and photos, the Partner profile, and Seeker reviews. If you have questions, just message the Partner.
2. Search, Purchases, and Reservations Using EXPLORINGNOTBORING.
2.1 Search. You can search for Listings by using criteria like the type of service or product, travel destination, and date(s). You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, popularity, previous bookings and saved Listings, Partner requirements (e.g. minimum or maximum Seekers), and more.
2.2 Purchases. When you purchase from a Listing, you are agreeing to pay all charges for your order or reservation including the Listing price, applicable fees like offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). When you receive the confirmation, a contract for Partner Offerings is formed directly between you and the Partner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Partner. Be aware that some Partners work with others as part of a team to provide their Partner Offerings.
2.3 Reservations for Experiences. An Activity, Event, or other Partner Offering reservation entitles you to participate in, attend, or use that Partner Offering. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Partner of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Partner Offering. Except where expressly authorized, you may not allow any person to join a Partner Offering unless they are included as an additional Seeker during the booking process.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Seeker you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Partner cancels, or you experience a Travel Issue (as defined in our Seeker Refund Policy), you may be eligible for re-booking assistance or a partial or full refund under the Seeker Refund Policy. See each Policy for details.
3.2 Booking Modifications. Seekers and Partners are responsible for any booking modifications they agree to make via the EXPLORINGNOTBORING Platform or direct EXPLORINGNOTBORING customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Experience, Event or other Partner Offering. For example, this means: you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional Seeker who is a minor or if you bring a minor to a Partner Offering, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the EXPLORINGNOTBORING Platform and any Content (as defined in Section 10), including any participation in any Experience, Event, use of any other Partner Offering, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Partner Offering to determine whether it is suitable for you. For example, Partner Offerings may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Partner Offerings.
SEEKER TERMS IN A NUTSHELL
Participate in Partner Offerings at your own risk and per the EXPLORINGNOTBORING Platform’s policies.
PARTNER TERMS
5. EXPLORINGNOTBORING Partners.
5.1 Partner. As a Partner, EXPLORINGNOTBORING offers you the opportunity to share your unique and enriching Experience, Event, or Product with our vibrant community of Seekers—and earn money doing what you love. It’s easy to create a Listing and you are in control of how you offer your Partner Offering—set your price, availability, and rules for each Listing.
5.2 Contracting with Seekers. When you accept a booking request, order request, or receive a sale confirmation through the EXPLORINGNOTBORING Platform, you are entering into a contract directly with the Seeker, and are responsible for delivering your Partner Offering under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like EXPLORINGNOTBORING’s service fee (and applicable taxes) for each sale. EXPLORINGNOTBORING will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Seekers must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Partners. Your relationship with EXPLORINGNOTBORING is that of an independent individual or entity and not an employee, agent, joint venturer, or business partner of EXPLORINGNOTBORING. EXPLORINGNOTBORING does not direct or control your Partner Offering, and you agree that you have complete discretion whether and when to provide Partner Offerings, and at what price and on what terms to offer them.
6. Creating and Managing Your Listing.
6.1 Listing Your Partner Offering. The EXPLORINGNOTBORING Platform provides tools that make it easy for you to create and manage a Listing. To list an Experience, Event or Product, you must create a Listing and submit it to EXPLORINGNOTBORING. Partner Offerings must at all times meet the standards and requirements for the EXPLORINGNOTBORING Platform. When Listing an Experience or Event you must, where applicable, fully educate and inform Seekers about (i) any risks inherent or incidental to the Partner Offering, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Experience or Event (including dress codes, equipment, special certifications or licenses, etc.). EXPLORINGNOTBORING reserves the right to decide, in its sole discretion, whether a submitted Listing will be published on the EXPLORINGNOTBORING Platform.
6.2 Managing Your Listing. Your Listing must include complete, accurate, and up-to-date information about your Partner Offering, your price, other charges like offline fees, and any rules or requirements that apply to your Seekers or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Partner Offering and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Partner Offering, but you may offer unlimited Partner Offerings. Each Listing will go through the same quality approval process.
6.3 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Partner Offerings. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the EXPLORINGNOTBORING Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Seekers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the EXPLORINGNOTBORING Platform in violation of our Off-Platform Policy.
6.4 Hosting Experiences (Activities or Events). Once your Partner Offering is approved for the EXPLORINGNOTBORING Platform, you will have the ability to add dates and times of when you offer your Experience or Event through the EXPLORINGNOTBORING Platform (an “Instance”). By making an Instance of your Partner Offering available on the EXPLORINGNOTBORING Platform, you agree that the amount of tickets, seats or spots listed will be reserved for Seekers to attend that Instance of your Partner Offering. You further agree to follow our guidelines for quality Experiences.
6.5 Social Impact Experiences. If you wish to provide an Experience that benefits a social impact organization (a “Social Impact Experience”), you and the benefitting organization must comply with the Social Impact Experience eligibility requirements. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of the benefitting organization and (ii) acknowledge and agree that all payouts will be directed to an account owned by the benefitting organization unless the benefitting organization has obtained authorization from EXPLORINGNOTBORING as outlined in the Social Impact Experience eligibility requirements. You and the benefitting organization acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with EXPLORINGNOTBORING, and EXPLORINGNOTBORING is not a professional fundraiser or commercial participator. If the benefitting organization is a nonprofit, the nonprofit, and not EXPLORINGNOTBORING, is responsible for determining what, if any, portion of its Total Price is a charitable contribution and for providing Seekers charitable tax receipts for any applicable charitable contributions. You and the benefitting organization are solely responsible for complying with all laws that apply to the organization and your Social Impact Experience.
6.6 Equipment. You are responsible for providing all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to provide your Partner Offering. You are solely responsible for ensuring that the Equipment used in your Partner Offering is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
6.7 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Partner Offerings. For example: Some jurisdictions require Partners to register, get a permit, or obtain a license before providing certain Partner Offerings (such as preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Partner Offerings you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Partner Offerings you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Seekers and others in compliance with applicable privacy laws and these Terms, including our Partner Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.8 Search Ranking. The ranking of Listings in search results on the EXPLORINGNOTBORING Platform depends on a variety of factors, including these main parameters:
- Seeker search parameters (e.g. number of Seekers, time and duration, price range),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Partner Offering, Partner status, age of the Listing, average Seeker popularity),
- Seeker booking experience (e.g. customer service and cancellation history of the Partner, ease of booking),
- Partner requirements (e.g. minimum or maximum Seekers, booking cut-off time), and
- Seeker preferences (e.g. previous bookings, saved Listings, location from where the Seeker is searching).
Search results may appear different on mobile devices than they appear on desktop. EXPLORINGNOTBORING may allow Partners to promote their Listings in search or elsewhere on the EXPLORINGNOTBORING Platform by paying an additional fee.
7. Co-Marketing
7.1 EXPLORINGNOTBORING Marks. EXPLORINGNOTBORING grants to Partner a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license during the Term in accordance with Section 11.1 of these Terms to use (a) the EXPLORINGNOTBORING Marks to identify itself as a EXPLORINGNOTBORING Partner; and (b) EXPLORINGNOTBORING Collateral as part of Partner’s marketing activities under this Agreement. When using the EXPLORINGNOTBORING Marks and EXPLORINGNOTBORING Collateral, Partner must comply with the EXPLORINGNOTBORING Marks Usage Agreement and all other usage guidelines that EXPLORINGNOTBORING provides to Partner in writing (if any).
7.2 Partner Marks. Partner grants to EXPLORINGNOTBORING a non-exclusive, non-transferable (other than is allowed in Section 31.4), non-sublicensable, worldwide, royalty-free license during the Term in accordance with Section 11.1 of these Terms to use (a) Partner’s name and trademarks to identify Partner as a EXPLORINGNOTBORING partner; and (b) Partner’s Collateral as part of any marketing activities under this Agreement. This includes use (1) on the EXPLORINGNOTBORING Platform that identify Partners; and (2) in EXPLORINGNOTBORING’s sales and marketing materials and communications. When using Partner’s name and trademarks and Partner Collateral, EXPLORINGNOTBORING will comply with trademark usage guidelines that Partner provides to EXPLORINGNOTBORING in writing.
7.3 General. Nothing in this Agreement assigns or transfers ownership of any intellectual property rights to the other party. All rights not expressly granted in this Agreement are reserved. All goodwill generated from the use of the grantor party’s name and trademark will inure to the benefit of the trademark owner.
8. Additional Partner Responsibilities
8.1 Additional Partner Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Partner Offering, (ii) obtaining any required licenses, permits, or registrations prior to providing your Partner Offering; and (iii) ensuring that your Listing and Partner Offering will not breach any agreement you may have with any third party.
8.2 Partnering as a Team or Organization. If you work with a co-partner or work as part of a team, business, or other organization, the entity and each individual who participates in providing Partner Offerings is responsible and liable as a Partner under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. You may not allow any third party to provide the Partner Offering on your behalf, unless authorized by EXPLORINGNOTBORING. Any member of a team, business, or organization that interacts with Seekers must be disclosed in the Listing description and/or your Partner Profile.
8.3 Insurance. You agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Partner Offering with the coverage and in the amounts required by your local laws.
8.4 Your Assumption of Risk. You acknowledge that providing Partner Offerings carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the EXPLORINGNOTBORING Platform, offering Partner Offerings, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the EXPLORINGNOTBORING Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Partner Offerings and that you are not relying upon any statement of law made by EXPLORINGNOTBORING.
9. Cancellations, Travel Issues, and Booking Modifications.
9.1 Cancellations and Travel Issues. In general, if a Seeker cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a Partner, you should not cancel on a Seeker without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Seeker without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Seeker experiences a Travel Issue (as defined by the Seeker Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Seeker, and by any other reasonable costs we incur as a result of the cancellation. If a Seeker receives a refund after you have already been paid, or the amount of the refund and other costs incurred by EXPLORINGNOTBORING exceeds your payout, EXPLORINGNOTBORING may recover that amount from you, including by offsetting the refund against your future payouts. You agree that EXPLORINGNOTBORING’s Seeker Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where you allow for the cancellation of a reservation and/or the issuance of refunds to Seekers. If we reasonably expect to provide a refund to a Seeker under one of these policies, we may delay release of any payout for that reservation until a refund decision is made. As a Partner, please note that our Cancellation Policy, Seeker Refund Policy and different cancellation fees and consequences apply to your reservations. See each Policy for details about what is covered, and what your payout will be in each situation.
9.2 Booking Modifications. Partners and Seekers are responsible for any Booking Modifications they agree to make via the EXPLORINGNOTBORING Platform or direct EXPLORINGNOTBORING customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
10. Taxes
As a Partner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, tourist, income, or other taxes (“Taxes”).
11. Term & Termination
11.1 Term. This agreement between you and EXPLORINGNOTBORING reflected by these Partner Terms is effective when you submit to become a Partner on the EXPLORINGNOTBORING Platform and remains in effect until either you or we terminate this agreement in accordance with Section 21.2 of these Terms.
11.2 Termination. As a Partner, you may terminate these Partner Terms at any time by deleting your Partner account, subsequently removing all of your Listings from the EXPLORINGNOTBORING Platform. EXPLORINGNOTBORING may terminate this agreement immediately and without notice and stop providing access to the EXPLORINGNOTBORING Platform if you materially breach these Partner Terms and/or our other Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect EXPLORINGNOTBORING, its Members or third parties. If your Listing has been inactive for 120 or more days, we may remove it from the EXPLORINGNOTBORING Platform. If you reside in the United States, or the organization you are acting for is established in the United States, the language in this Section 11 supersedes Section 21.2 of the Terms with respect to all activities related to providing your Partner Offering.
PARTNER TERMS IN A NUTSHELL
Taxes, insurance, and legal compliance are your responsibility as an independent individual or entity.
PAYMENT TERMS
12. Payment Terms Definitions.
12.1 Payment Services. EXPLORINGNOTBORING is not a payments provider. Payments are made directly from Seekers to Partners externally to EXPLORINGNOTBORING using a third-party payment provider (e.g. Stripe, Inc.) (“Third-Party Services“).
By using exploringnotboring.com you are agreeing to be bound by the terms of any third party payment providers associated with the EXPLORINGNOTBORING Platform and the Third-Party Service will be responsible for all matters relating to payment and use of your card details. EXPLORINGNOTBORING is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by EXPLORINGNOTBORING of those Third-Party Services.
EXPLORINGNOTBORING facilitates transaction between Members in connection with the EXPLORINGNOTBORING Platform using a third party payment provider to provide the payment services outlined below (collectively, “Payment Services“):
- Collecting payments from Seekers (“Payin”), by charging the payment method associated with their EXPLORINGNOTBORING account, such as a credit card or debit card (“Payment Method”);
- Effecting payments to Partners (“Payout”) to a financial instrument associated with their EXPLORINGNOTBORING account, such as a Stripe account, bank account, a prepaid card, or a debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Partner;
- Collection and payment of charitable donations;
- Payment collection services; and
- Other payment related services in connection with Partner Offerings.
By using the Payments Services, you agree to comply with these Payments Terms. EXPLORINGNOTBORING may improve, enhance and modify the Payment Services and introduce new Payment Services or Third-Party Service from time to time. EXPLORINGNOTBORING will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
In order to use the Payment Services, you must have an EXPLORINGNOTBORING account in good standing in accordance with the rest of these Terms of Service, and must keep your payment and personal information accurate and complete.
13. Seeker Payment Terms
The following paragraphs apply to Seekers, including those who are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
13.1 Payment Collection. You authorize EXPLORINGNOTBORING to collect from you amounts due pursuant to these Payment Terms. Each Seeker acknowledges and agrees that, notwithstanding the fact that EXPLORINGNOTBORING is not a party to the agreement between you and the Partner(s), EXPLORINGNOTBORING facilitates transactions between Partners and Seekers by accepting payments from you on behalf of the Partner(s). Upon a Seeker’s payment of the funds to EXPLORINGNOTBORING, the Seeker’s payment obligation to the Partner(s) for the agreed upon amount is extinguished, and EXPLORINGNOTBORING is responsible for remitting the funds successfully received by EXPLORINGNOTBORING to the Partner(s) in the manner described in these Payments Terms. In the event that EXPLORINGNOTBORING does not remit any such amounts, the Partner(s) will have recourse only against EXPLORINGNOTBORING and not the Seeker directly.
13.2 Adding a Payment Method. When you add a Payment Method to your EXPLORINGNOTBORING account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to EXPLORINGNOTBORING or its third-party payment processor(s). You authorize EXPLORINGNOTBORING and its payment service providers to collect and store your Payment Method information.
13.3 Payment Method Verification. When you add or use a new Payment Method, EXPLORINGNOTBORING may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your EXPLORINGNOTBORING account so it can be used for a future transaction. You can remove the Payment Method from your EXPLORINGNOTBORING account as long as it is not associated with an active or future reservation.
13.4 Payment Authorization. You allow EXPLORINGNOTBORING to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your EXPLORINGNOTBORING account.
13.5 Timing of Payment. EXPLORINGNOTBORING generally charges the Total Price due after the Partner accepts your booking or order request, automatically or manually. Once the payment for your request is successfully completed, you will receive a confirmation email.
13.6 Currency. Each transaction is processed in the United States Dollar (USD) or when applicable, in the currency you select via the ExploringNotBoring Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method and/or your country of residence. Any such limitations will be communicated via the ExploringNotBoring Platform, and you will be prompted to select a different currency or Payment Method. Note that ExploringNotBoring is located in the United States and if our location is different than the country of your Payment Method, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. EXPLORINGNOTBORING is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
13.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Partner or you cancel the booking request before it is accepted by the Partner, any amounts collected by EXPLORINGNOTBORING will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
13.8 Payment Restrictions. EXPLORINGNOTBORING reserves the right to decline or limit payments that we believe (i) may violate EXPLORINGNOTBORING’s risk management policies or procedures, (ii) may violate these Payments Terms or our Terms of Service, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, EXPLORINGNOTBORING, or others to risks unacceptable to EXPLORINGNOTBORING.
13.9 Payment Service Providers. Payment Methods involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and EXPLORINGNOTBORING is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
13.10 Your Payment Method. EXPLORINGNOTBORING is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
13.11 Term & Termination. This agreement between you and EXPLORINGNOTBORING reflected by these Payment Terms is effective when you create an EXPLORINGNOTBORING account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 21.2 of these Terms.
SEEKER PAYMENT TERMS IN A NUTSHELL
EXPLORINGNOTBORING facilitates transactions but is not a payments provider. In addition to these Payment Terms, you will be bound by third party provider terms, too.
14. Partner Payment Terms
14.1 Payment Collection. EXPLORINGNOTBORING uses Third-Party Services (e.g Stripe, Inc.) to collect the Total Price of a sale at the time the Seeker’s request is accepted by the Partner, automatically or manually, unless noted otherwise. Each Partner agrees that payment made by a Seeker through EXPLORINGNOTBORING, shall be considered the same as a payment made directly to the Partner, and the Partner will provide the Partner Offering sold to the Seeker in the agreed-upon manner as if the Partner has collected and received the payment directly from the Seeker. Each Partner agrees that EXPLORINGNOTBORING may refund the Seeker in accordance with the Terms of Service. Each Partner understands that EXPLORINGNOTBORING’s obligation to pay the Partner is subject to and conditional upon successful receipt of the associated payment(s) from Seeker(s). EXPLORINGNOTBORING guarantees payments to Partner(s) only for such amounts that have been successfully received by EXPLORINGNOTBORING from Seekers in accordance with these Payments Terms. In facilitating the transaction between the Partner and Seeker, EXPLORINGNOTBORING assumes no liability for any acts or omissions of the Partner.
14.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your EXPLORINGNOTBORING account. When you add a Payout Method to your EXPLORINGNOTBORING account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to EXPLORINGNOTBORING’s third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize EXPLORINGNOTBORING to collect and store your billing information and financial instrument information. EXPLORINGNOTBORING may also share your information with governmental authorities as required by applicable law.
14.3 Timing of Payout. Subject to and conditional upon successful receipt of the payment(s) from the Seeker, EXPLORINGNOTBORING will generally initiate Payouts to your selected Payout Method: (i) for Activities or Events, 24 hours after the start of the Experience; and (ii) for Products, once the item is marked as Shipped.
14.4 Payout. Your Payout for a sale will be the Total Price less the applicable EXPLORINGNOTBORING revenue-sharing percentage and applicable taxes. In the event of cancellation of a confirmed booking or order, EXPLORINGNOTBORING will remit the amount you are due (if any) as provided in these Terms of Service and applicable cancellation policy.
14.5 Payout Communication. EXPLORINGNOTBORING will provide the Partner notice via email when we initiate each Payout. We will also provide notice to a Partner’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Partner to ensure that you provide us with a current, accurate, and valid email address.
14.6 Payout Restrictions. EXPLORINGNOTBORING may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, EXPLORINGNOTBORING may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under these Terms of Service as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined in Section 30.9 below).
14.7 Resolution Procedures. If you as a Partner claim not to have received a Payout properly due to you via your chosen Payout Method, EXPLORINGNOTBORING will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.
14.7 Currency Conversion. EXPLORINGNOTBORING will remit your Payouts in the United States Dollar or where applicable, in the currency you select via the EXPLORINGNOTBORING Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method and/or your country of residence. Any such limitations will be communicated via the EXPLORINGNOTBORING Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and EXPLORINGNOTBORING is not responsible for any such fees and disclaims all liability in this regard.
14.8 Payment Service Providers. Payout Methods involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and EXPLORINGNOTBORING is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
14.9 Your Payout Method. EXPLORINGNOTBORING is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
14.10 Fees. You authorize EXPLORINGNOTBORING to collect from you amounts due pursuant to these Payment Terms, including:
- Any service fees:
- Experience Listings: 15% Service Fee
- Event Listings: 15% Service Fee
- Product Listings: 10% Service Fee
- Any cancellation fees imposed pursuant to the Terms (e.g., if, as a Partner, you cancel a confirmed booking).
- Any amounts already paid to you as a Partner despite a Seeker cancelling a confirmed booking or EXPLORINGNOTBORING deciding that it is necessary to cancel a booking in accordance with the Terms, Seeker Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, EXPLORINGNOTBORING will be entitled to recover the amount of any such Seeker refund from you, including by subtracting such refund amount out from any future Payouts due to you.
- Any collection fees if there are delinquent amounts with your Payment Method or chargebacks associated with your Partner Offerings, you may be charged fees that are incidental to EXPLORINGNOTBORING’s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
Except as otherwise provided on the EXPLORINGNOTBORING Platform, service fees are non-refundable. EXPLORINGNOTBORING reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 21.2. More information about when service fees apply and how they are calculated can be found on our Service Fees page.
14.11 Term & Termination. This agreement between you and EXPLORINGNOTBORING reflected by these Payment Terms is effective when you create an EXPLORINGNOTBORING Partner account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 21.2 of these Terms.
PARTNER PAYMENT TERMS IN A NUTSHELL
EXPLORINGNOTBORING facilitates transactions but is not a payments provider. In addition to these Payment Terms, you will be bound by third party provider terms, too.
15. Refunds
15.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, and Experience Seeker Refund Policy will be initiated and remitted by EXPLORINGNOTBORING in accordance with these Payments Terms.
15.2 EXPLORINGNOTBORING will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, EXPLORINGNOTBORING will initiate and process the refund as soon as is practicable.
16. Prohibited Activities
16.1 Prohibited Activities. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your EXPLORINGNOTBORING account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EXPLORINGNOTBORING or any of EXPLORINGNOTBORING’s providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Partner Offerings are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
17. Liability
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your EXPLORINGNOTBORING account in any way, you are responsible for the actions taken by that person. Neither EXPLORINGNOTBORING nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not EXPLORINGNOTBORING has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Partners pursuant to these Payments Terms or an approved payment request under the EXPLORINGNOTBORING Partner Guarantee, in no event will EXPLORINGNOTBORING aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for purchases via the EXPLORINGNOTBORING Platform as a Seeker in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Partner, the amounts paid by EXPLORINGNOTBORING to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between EXPLORINGNOTBORING and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect EXPLORINGNOTBORING’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
PAYMENT TERMS IN A NUTSHELL
EXPLORINGNOTBORING facilitates transactions but is not a payment service provider. In addition to these Payment Terms, you will be bound by third party provider terms, too.
GENERAL TERMS
18. Reviews.
After each Partner Offering, Seekers will have an opportunity to leave a review. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by EXPLORINGNOTBORING for accuracy and may be incorrect or misleading.
19. Content.
Parts of the EXPLORINGNOTBORING Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant EXPLORINGNOTBORING a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where EXPLORINGNOTBORING pays for the creation of Content or facilitates its creation, EXPLORINGNOTBORING may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant EXPLORINGNOTBORING the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that EXPLORINGNOTBORING may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. EXPLORINGNOTBORING does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
20. EXPLORINGNOTBORING Platform Rules.
20.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the EXPLORINGNOTBORING Platform
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the EXPLORINGNOTBORING Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the EXPLORINGNOTBORING Platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the EXPLORINGNOTBORING Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the EXPLORINGNOTBORING Platform.
- Only use the EXPLORINGNOTBORING Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the EXPLORINGNOTBORING Platform as authorized by these Terms.
- Do not use the EXPLORINGNOTBORING Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- You may use Content made available through the EXPLORINGNOTBORING Platform solely as necessary to enable your use of the EXPLORINGNOTBORING Platform as a Seeker or Partner.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make, or accept a booking or any payment outside of the EXPLORINGNOTBORING Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
- Do not require or encourage Seekers to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by EXPLORINGNOTBORING.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Partner Offerings unless you are actually using the Partner Offerings
- Do not use, copy, display, mirror or frame the EXPLORINGNOTBORING Platform, any Content, any EXPLORINGNOTBORING branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
- Read and follow our Terms, Policies and Standards.
- Do not use the name, logo, branding, or trademarks of EXPLORINGNOTBORING or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with EXPLORINGNOTBORING branding.
- Do not offer Partner Offerings that violate the laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
20.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting EXPLORINGNOTBORING. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to EXPLORINGNOTBORING. If you reported an issue to local authorities, EXPLORINGNOTBORING may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
20.3 Copyright Notifications. If you believe that Content on the EXPLORINGNOTBORING Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
21. Termination, Suspension and other Measures.
21.1 Term. The agreement between you and EXPLORINGNOTBORING reflected by these Terms is effective when you access the EXPLORINGNOTBORING Platform (for example to create an account) or use the Payment Services and remains in effect until either you or we terminate the agreement in accordance with these Terms.
21.2 Termination. You may terminate this agreement at any time by deleting your account. EXPLORINGNOTBORING may terminate this agreement and your account for any reason by giving you 30 days’ notice (or two (2) months’ prior notice for Members in the United Kingdom) via email to your registered email address or using any other contact information you have provided for your account. EXPLORINGNOTBORING may also terminate this agreement immediately and without notice and stop providing access to the EXPLORINGNOTBORING Platform and Payment Services if (i) you breach these Terms; (ii) you provide inaccurate, fraudulent, outdated, or incomplete information; (iii) you violate our Policies or applicable laws, regulations or third-party right; or (iv) EXPLORINGNOTBORING reasonably believes in good faith that termination is necessary to protect EXPLORINGNOTBORING, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
21.3 Member Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) EXPLORINGNOTBORING believes it is reasonably necessary to protect EXPLORINGNOTBORING, its Members, or third parties; EXPLORINGNOTBORING may, with or without prior notice:
- suspend or limit your access to or use of the EXPLORINGNOTBORING Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as EXPLORINGNOTBORING determines in its sole discretion, you will be given notice of any intended measure by EXPLORINGNOTBORING and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Partner will be reduced by the amount we refund or otherwise provide to the Seeker, and by any other costs we incur as a result of the cancellation.
21.4 Legal Mandates. EXPLORINGNOTBORING may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 21.3.
21.5 Effect of Termination. If you are a Partner and terminate your EXPLORINGNOTBORING account or EXPLORINGNOTBORING takes any of the measures described above, any confirmed booking(s) will be automatically cancelled and those Seekers will receive a full refund, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you terminate your account as a Seeker, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the EXPLORINGNOTBORING Platform or the Payment Services has been limited or suspended, or this Agreement has been terminated by us, you may not register a new EXPLORINGNOTBORING account or attempt to access or use the EXPLORINGNOTBORING Platform or Payment Services through an account of another Member.
21.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this Agreement, including Sections 2 through 29.
22. Modification.
Except as otherwise required by applicable law, EXPLORINGNOTBORING may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the EXPLORINGNOTBORING Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective and up to two (2) months advance notice in some areas, such as the United Kingdom or Australia. If you disagree with the revised Terms, you may terminate this Agreement immediately as provided in these Terms. If you do not terminate this Agreement before the date the revised Terms become effective, your continued access to or use of the EXPLORINGNOTBORING Platform will constitute acceptance of the revised Terms.
23. EXPLORINGNOTBORING’s Role.
We offer a platform that enables Members to publish, offer, search for, book and purchase unique Partner Offerings. While we work hard to ensure our Members have great experiences using EXPLORINGNOTBORING, we do not and cannot control the conduct of Seekers and Partners. You acknowledge that EXPLORINGNOTBORING has the right, but does not have any obligation, to monitor the use of the EXPLORINGNOTBORING Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the EXPLORINGNOTBORING Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that EXPLORINGNOTBORING administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for partners), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist EXPLORINGNOTBORING in good faith, and to provide EXPLORINGNOTBORING with such information and take such actions as may be reasonably requested by EXPLORINGNOTBORING with respect to any investigation undertaken by EXPLORINGNOTBORING regarding the use or abuse of the EXPLORINGNOTBORING Platform. EXPLORINGNOTBORING is not acting as an agent for any Member except for where EXPLORINGNOTBORING acts as a third-party settlement organization (TPSO) as provided in the Payments Terms.
24. Member Accounts.
You must register an account to access and use many features of the EXPLORINGNOTBORING Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the EXPLORINGNOTBORING Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify EXPLORINGNOTBORING if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
25. Disclaimer of Warranties.
We provide the EXPLORINGNOTBORING Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Seeker, Partner, Partner Offering, Listing or third party; (ii) we do not warrant the performance or non-interruption of the EXPLORINGNOTBORING Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or EXPLORINGNOTBORING has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
26. Limitations on Liability.
Neither EXPLORINGNOTBORING (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the EXPLORINGNOTBORING Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the EXPLORINGNOTBORING Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the EXPLORINGNOTBORING Platform, or (iv) publishing, purchasing or booking of a Listing, including the provision or use of Partner Offerings, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not EXPLORINGNOTBORING has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Partners under these Terms, in no event will EXPLORINGNOTBORING’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the EXPLORINGNOTBORING Platform, any Content, or any Partner Offering, exceed: (A) to Seekers, the amount you paid as a Seeker during the 12-month period prior to the event giving rise to the liability, (B) to Partners, the amount paid to you as a Partner in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US $100).
These limitations of liability and damages are fundamental elements of the agreement between you and EXPLORINGNOTBORING. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
27. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at EXPLORINGNOTBORING’s option), indemnify, and hold EXPLORINGNOTBORING (including EXPLORINGNOTBORING affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including the Payment Terms and any supplemental or additional terms that apply to a product or feature) or our Policies or Standards; (ii) your improper use of the EXPLORINGNOTBORING Platform, including improper use of the Payment Services; (iii) your interaction with any Member, participation in an Experience or other Partner Offering, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes; or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
28. Governing Law and Venue.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Utah and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 29 are subject to the exclusive jurisdiction of the federal and state courts located in Salt Lake County, Utah, USA. You and we both consent to venue and personal jurisdiction in Salt Lake County, Utah, USA.
29. Dispute Resolution and Arbitration Agreement.
29.1 Opt-Out of Arbitration Agreement. You can opt out of this agreement to arbitrate. If you do so, neither you nor EXPLORINGNOTBORING can require the other to participate in an arbitration proceeding. To opt out, you must notify EXPLORINGNOTBORING in writing within 30 days of the date that you first became subject to this arbitration provision.
You must use this address to opt out:
EXPLORINGNOTBORING, BLLC ATTN: Arbitration Opt-Out 1953 S 1100 E, Unit#521897, SLC, UT 84106
You must include your name and residence address, the email address you use for your EXPLORINGNOTBORING account, and a clear statement that you want to opt out of this arbitration agreement.
29.2 Overview of Dispute Resolution Process. EXPLORINGNOTBORING is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (1) an informal negotiation directly with EXPLORINGNOTBORING’s customer service team (described in paragraph 29.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and EXPLORINGNOTBORING each retain the right to seek relief in small claims court as an alternative to arbitration.
29.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and EXPLORINGNOTBORING each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to EXPLORINGNOTBORING by mailing it to EXPLORINGNOTBORING’s: 1953 S 1100 E, Unit#521897, SLC, UT 84106. EXPLORINGNOTBORING will send its notice of dispute to the email address associated with your EXPLORINGNOTBORING account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the Parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
29.4 Agreement to Arbitrate. You and EXPLORINGNOTBORING mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the EXPLORINGNOTBORING Platform, Partner Offerings, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and EXPLORINGNOTBORING agree that the arbitrator will decide that issue.
29.5 Exceptions to Arbitration Agreement. You and ExploringNotBoring each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 28): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and EXPLORINGNOTBORING agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
29.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
29.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, EXPLORINGNOTBORING agrees that any required arbitration hearing may be conducted, at your option: (a) in Salt Lake County; (b) via phone or video conference; or (c) if all Parties agree, by solely the submission of documents to the arbitrator.
29.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
29.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
29.10 Jury Trial Waiver. You and EXPLORINGNOTBORING acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
29.11 No Class Actions or Representative Proceedings. You and EXPLORINGNOTBORING acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
29.12 Severability. Except as provided in Section 29.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
29.13 Changes to Agreement to Arbitrate. If EXPLORINGNOTBORING changes this Section 29 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice per the instructions in Section 29.1 within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and EXPLORINGNOTBORING (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and EXPLORINGNOTBORING.
29.14 Survival. Except as provided in Section 29.12 and subject to Section 21.6, this Section 29 will survive any termination of these Terms and will continue to apply even if you stop using the EXPLORINGNOTBORING Platform or terminate your EXPLORINGNOTBORING account.
30. Miscellaneous.
30.1 Other Terms Incorporated by Reference. Our Experience Seeker Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the EXPLORINGNOTBORING Platform, are incorporated by reference, and form part of your agreement with EXPLORINGNOTBORING.
30.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between EXPLORINGNOTBORING and you pertaining to your access to or use of the EXPLORINGNOTBORING Platform and supersede any and all prior oral or written understandings or agreements between EXPLORINGNOTBORING and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and EXPLORINGNOTBORING. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 29.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
30.3 No Waiver. EXPLORINGNOTBORING’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
30.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without EXPLORINGNOTBORING’s prior written consent. EXPLORINGNOTBORING may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
30.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by EXPLORINGNOTBORING via email, EXPLORINGNOTBORING Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
30.6 Third-Party Services. The EXPLORINGNOTBORING Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. EXPLORINGNOTBORING is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
30.7 Google Terms. Some translations on the EXPLORINGNOTBORING Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the EXPLORINGNOTBORING Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
30.8 EXPLORINGNOTBORING Platform Content. Content made available through the EXPLORINGNOTBORING Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of EXPLORINGNOTBORING and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the EXPLORINGNOTBORING Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, EXPLORINGNOTBORING grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Web Application on your personal device(s); and (ii) access and view the Content made available on or through the EXPLORINGNOTBORING Platform and accessible to you, solely for your personal and non-commercial use.
30.9 Force Majeure. EXPLORINGNOTBORING shall not be liable for any delay or failure to perform or fulfill any obligation under these Terms resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
30.10 Emails and SMS. You will receive administrative communications from us using the email address, phone number, or other contact information you provide for your EXPLORINGNOTBORING account, including communication to authenticate your account. Enrollment in additional email subscription programs or SMS campaigns will not affect the frequency of these administrative communications, though you should expect to receive additional emails or SMS messages specific to the program(s) or campaign(s) to which you have subscribed. You may also receive promotional communication from us. No fee is charged for promotional communication, but third-party data rates could apply for email or SMS. You can control whether you receive promotional emails using the notification preferences in your Account Settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an EXPLORINGNOTBORING account. By providing your phone number, you are opting in to receive SMS (text messages) from EXPLORINGNOTBORING and you agree to our supplemental SMS Terms.
GENERAL TERMS IN A NUTSHELL
The EXPLORINGNOTBORING Platform is provided “as is,” you can’t claim damages from us for any use of our website. Any disputes will be settled with arbitration. All rules must be followed to use the site.
31. Contact Us.
If you have any questions about these Terms please email us.
EXPLORINGNOTBORING, BLLC
1953 S 1100 E, Unit #521897
Salt Lake City, Utah 84106
Terms of Service for European Users
Last Updated: July 6, 2023
IMPORTANT, READ CAREFULLY: These Terms of Service (“Terms”) are a binding legal agreement between you and EXPLORINGNOTBORING, BLLC (individually, each a “Party” and collectively, the “Parties”) that govern your use of the websites, applications, and other offerings from EXPLORINGNOTBORING, BLLC (collectively, the “EXPLORINGNOTBORING Platform”). When used in these Terms, “we,” “us,” “our,” or “EXPLORINGNOTBORING” refers to the EXPLORINGNOTBORING entity with whom you are contracting. Please be advised that these Terms of Service contain provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability; and Dispute Resolution and Arbitration Agreement provisions below). ARBITRATION NOTICE: Please read Section 25 carefully.
Description of Service
exploringnotboring.com is a listing platform, it is not a financial institution, merchant, creditor, charity, advisor or broker of any kind. The EXPLORINGNOTBORING Platform is designed to allow users (“Members”) to buy or sell products or services that encourage positive life experiences. We have two types of Members: users who sell on the platform (“Partners”), and users who make purchases on the platform (“Seekers”). Partners can list services including tours, classes, excursions, things to do, and a variety of travel and other services (collectively, “Activities”), including events (“Events”, and collectively with activities, “Experiences“), or inspiring products that are handmade or designed by the seller (collectively, “Products“, and collectively for all products and services, “Partner Offerings“). Each Partner Activity, Event, or Product offering is a listing (“Listing”) on the platform. You must register an account to access and use many features of the EXPLORINGNOTBORING Platform, and must keep your account information accurate. As the provider of the EXPLORINGNOTBORING Platform, ExploringNotBoring, BLLC does not own, control, offer or manage any Listings or Partner Offerings. EXPLORINGNOTBORING is not a party to the contracts concluded directly between Partners and Seekers, nor is EXPLORINGNOTBORING an insurer or an organizer or retailer of travel packages. EXPLORINGNOTBORING is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about EXPLORINGNOTBORING’s role see Section 19.
DESCRIPTION OF SERVICE IN A NUTSHELL
We develop a community for Partners to sell services and products, receive messages and payment from Seekers, and for Seekers to securely make purchases that encourage positive life experiences.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by EXPLORINGNOTBORING.
If you become a Partner to sell products or services on exploringnotboring.com, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Partner Offerings.
Acceptance of Terms
By accessing the EXPLORINGNOTBORING Platform, you are agreeing to be bound by these Terms of use and agree that you are responsible for compliance with any applicable local laws.
You are also agreeing to be bound by the terms and conditions of the third-party services that you connect your EXPLORINGNOTBORING account with such as Stripe, Zoom, YouTube, Google, and Facebook.
If you do not agree with any of these terms, you are prohibited from using or accessing the EXPLORINGNOTBORING Platform. You may terminate these Terms at any time by deleting your account.
ACCEPTANCE OF TERMS IN A NUTSHELL
By using the EXPLORINGNOTBORING platform you agree to all applicable terms contained herein.
SEEKER TERMS
1. Our Mission.
Our mission is to build a community that cultivates shared, meaningful experiences. Browse through unique ideas of Partner Offerings to find the best activities, events, and products that shape the way you live your life. Learn more about a Listing by reviewing the description and photos, the Partner profile, and Seeker reviews. If you have questions, just message the Partner.
2. Search, Purchases, and Reservations Using EXPLORINGNOTBORING.
2.1 Search. You can search for Listings by using criteria like the type of service or product, travel destination, and date(s). You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, popularity, previous bookings and saved Listings, Partner requirements (e.g. minimum or maximum Seekers), and more.
2.2 Purchases. When you purchase from a Listing, you are agreeing to pay all charges for your order or reservation including the Listing price, applicable fees like offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). When you receive the confirmation, a contract for Partner Offerings is formed directly between you and the Partner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Partner. Be aware that some Partners work with others as part of a team to provide their Partner Offerings.
2.3 Reservations for Experiences. An Activity, Event, or other Partner Offering reservation entitles you to participate in, attend, or use that Partner Offering. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Partner of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Partner Offering. Except where expressly authorized, you may not allow any person to join a Partner Offering unless they are included as an additional Seeker during the booking process.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Seeker you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Partner cancels, or you experience a Travel Issue (as defined in our Seeker Refund Policy), you may be eligible for re-booking assistance or a partial or full refund under the Seeker Refund Policy. See each Policy for details.
3.2 Booking Modifications. Seekers and Partners are responsible for any booking modifications they agree to make via the EXPLORINGNOTBORING Platform or direct EXPLORINGNOTBORING customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Experience, Event or other Partner Offering. For example, this means: you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional Seeker who is a minor or if you bring a minor to a Partner Offering, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the EXPLORINGNOTBORING Platform and any Content (as defined in Section 10), including any participation in any Experience, Event, use of any other Partner Offering, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Partner Offering to determine whether it is suitable for you. For example, Partner Offerings may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Partner Offerings.
SEEKER TERMS IN A NUTSHELL
Participate in Partner Offerings at your own risk and per the EXPLORINGNOTBORING Platform’s policies.
PARTNER TERMS
5. EXPLORINGNOTBORING Partners.
5.1 Partner. As a Partner, EXPLORINGNOTBORING offers you the opportunity to share your unique and enriching Experience, Event, or Product with our vibrant community of Seekers—and earn money doing what you love. It’s easy to create a Listing and you are in control of how you offer your Partner Offering—set your price, availability, and rules for each Listing.
5.2 Contracting with Seekers. When you accept a booking request, order request, or receive a sale confirmation through the EXPLORINGNOTBORING Platform, you are entering into a contract directly with the Seeker, and are responsible for delivering your Partner Offering under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like EXPLORINGNOTBORING’s service fee (and applicable taxes) for each sale. EXPLORINGNOTBORING will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Seekers must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Partners. Your relationship with EXPLORINGNOTBORING is that of an independent individual or entity and not an employee, agent, joint venturer, or business partner of EXPLORINGNOTBORING. EXPLORINGNOTBORING does not direct or control your Partner Offering, and you agree that you have complete discretion whether and when to provide Partner Offerings, and at what price and on what terms to offer them.
6. Creating and Managing Your Listing.
6.1 Listing Your Partner Offering. The EXPLORINGNOTBORING Platform provides tools that make it easy for you to create and manage a Listing. To list an Experience, Event or Product, you must create a Listing and submit it to EXPLORINGNOTBORING. Partner Offerings must at all times meet the standards and requirements for the EXPLORINGNOTBORING Platform. When Listing an Experience or Event you must, where applicable, fully educate and inform Seekers about (i) any risks inherent or incidental to the Partner Offering, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Experience or Event (including dress codes, equipment, special certifications or licenses, etc.). EXPLORINGNOTBORING reserves the right to decide, in its sole discretion, whether a submitted Listing will be published on the EXPLORINGNOTBORING Platform.
6.2 Managing Your Listing. Your Listing must include complete, accurate, and up-to-date information about your Partner Offering, your price, other charges like offline fees, and any rules or requirements that apply to your Seekers or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Partner Offering and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Partner Offering, but you may offer unlimited Partner Offerings. Each Listing will go through the same quality approval process.
6.3 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Partner Offerings. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the EXPLORINGNOTBORING Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Seekers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the EXPLORINGNOTBORING Platform in violation of our Off-Platform Policy.
6.4 Hosting Experiences (Activities or Events). Once your Partner Offering is approved for the EXPLORINGNOTBORING Platform, you will have the ability to add dates and times of when you offer your Experience or Event through the EXPLORINGNOTBORING Platform (an “Instance”). By making an Instance of your Partner Offering available on the EXPLORINGNOTBORING Platform, you agree that the amount of tickets, seats or spots listed will be reserved for Seekers to attend that Instance of your Partner Offering. You further agree to follow our guidelines for quality Experiences.
6.5 Social Impact Experiences. If you wish to provide an Experience that benefits a social impact organization (a “Social Impact Experience”), you and the benefitting organization must comply with the Social Impact Experience eligibility requirements. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of the benefitting organization and (ii) acknowledge and agree that all payouts will be directed to an account owned by the benefitting organization unless the benefitting organization has obtained authorization from EXPLORINGNOTBORING as outlined in the Social Impact Experience eligibility requirements. You and the benefitting organization acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with EXPLORINGNOTBORING, and EXPLORINGNOTBORING is not a professional fundraiser or commercial participator. If the benefitting organization is a nonprofit, the nonprofit, and not EXPLORINGNOTBORING, is responsible for determining what, if any, portion of its Total Price is a charitable contribution and for providing Seekers charitable tax receipts for any applicable charitable contributions. You and the benefitting organization are solely responsible for complying with all laws that apply to the organization and your Social Impact Experience.
6.6 Equipment. You are responsible for providing all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to provide your Partner Offering. You are solely responsible for ensuring that the Equipment used in your Partner Offering is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
6.7 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Partner Offerings. For example: Some jurisdictions require Partners to register, get a permit, or obtain a license before providing certain Partner Offerings (such as preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Partner Offerings you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Partner Offerings you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Seekers and others in compliance with applicable privacy laws and these Terms, including our Partner Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.8 Search Ranking. The ranking of Listings in search results on the EXPLORINGNOTBORING Platform depends on a variety of factors, including these main parameters:
- Seeker search parameters (e.g. number of Seekers, time and duration, price range),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Partner Offering, Partner status, age of the Listing, average Seeker popularity),
- Seeker booking experience (e.g. customer service and cancellation history of the Partner, ease of booking),
- Partner requirements (e.g. minimum or maximum Seekers, booking cut-off time), and
- Seeker preferences (e.g. previous bookings, saved Listings, location from where the Seeker is searching).
Search results may appear different on mobile devices than they appear on desktop. EXPLORINGNOTBORING may allow Partners to promote their Listings in search or elsewhere on the EXPLORINGNOTBORING Platform by paying an additional fee.
7. Co-Marketing
7.1 EXPLORINGNOTBORING Marks. EXPLORINGNOTBORING grants to Partner a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license during the Term in accordance with Section 11.1 of these Terms to use (a) the EXPLORINGNOTBORING Marks to identify itself as a EXPLORINGNOTBORING Partner; and (b) EXPLORINGNOTBORING Collateral as part of Partner’s marketing activities under this Agreement. When using the EXPLORINGNOTBORING Marks and EXPLORINGNOTBORING Collateral, Partner must comply with the EXPLORINGNOTBORING Marks Usage Agreement and all other usage guidelines that EXPLORINGNOTBORING provides to Partner in writing (if any).
7.2 Partner Marks. Partner grants to EXPLORINGNOTBORING a non-exclusive, non-transferable (other than is allowed in Section 31.4), non-sublicensable, worldwide, royalty-free license during the Term in accordance with Section 11.1 of these Terms to use (a) Partner’s name and trademarks to identify Partner as a EXPLORINGNOTBORING partner; and (b) Partner’s Collateral as part of any marketing activities under this Agreement. This includes use (1) on the EXPLORINGNOTBORING Platform that identify Partners; and (2) in EXPLORINGNOTBORING’s sales and marketing materials and communications. When using Partner’s name and trademarks and Partner Collateral, EXPLORINGNOTBORING will comply with trademark usage guidelines that Partner provides to EXPLORINGNOTBORING in writing.
7.3 General. Nothing in this Agreement assigns or transfers ownership of any intellectual property rights to the other party. All rights not expressly granted in this Agreement are reserved. All goodwill generated from the use of the grantor party’s name and trademark will inure to the benefit of the trademark owner.
8. Additional Partner Responsibilities
8.1 Additional Partner Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Partner Offering, (ii) obtaining any required licenses, permits, or registrations prior to providing your Partner Offering; and (iii) ensuring that your Listing and Partner Offering will not breach any agreement you may have with any third party.
8.2 Partnering as a Team or Organization. If you work with a co-partner or work as part of a team, business, or other organization, the entity and each individual who participates in providing Partner Offerings is responsible and liable as a Partner under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. You may not allow any third party to provide the Partner Offering on your behalf, unless authorized by EXPLORINGNOTBORING. Any member of a team, business, or organization that interacts with Seekers must be disclosed in the Listing description and/or your Partner Profile.
8.3 Insurance. You agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Partner Offering with the coverage and in the amounts required by your local laws.
8.4 Your Assumption of Risk. You acknowledge that providing Partner Offerings carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the EXPLORINGNOTBORING Platform, offering Partner Offerings, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the EXPLORINGNOTBORING Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Partner Offerings and that you are not relying upon any statement of law made by EXPLORINGNOTBORING.
9. Cancellations, Travel Issues, and Booking Modifications.
9.1 Cancellations and Travel Issues. In general, if a Seeker cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a Partner, you should not cancel on a Seeker without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Seeker without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Seeker experiences a Travel Issue (as defined by the Seeker Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Seeker, and by any other reasonable costs we incur as a result of the cancellation. If a Seeker receives a refund after you have already been paid, or the amount of the refund and other costs incurred by EXPLORINGNOTBORING exceeds your payout, EXPLORINGNOTBORING may recover that amount from you, including by offsetting the refund against your future payouts. You agree that EXPLORINGNOTBORING’s Seeker Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where you allow for the cancellation of a reservation and/or the issuance of refunds to Seekers. If we reasonably expect to provide a refund to a Seeker under one of these policies, we may delay release of any payout for that reservation until a refund decision is made. As a Partner, please note that our Cancellation Policy, Seeker Refund Policy and different cancellation fees and consequences apply to your reservations. See each Policy for details about what is covered, and what your payout will be in each situation.
9.2 Booking Modifications. Partners and Seekers are responsible for any Booking Modifications they agree to make via the EXPLORINGNOTBORING Platform or direct EXPLORINGNOTBORING customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
10. Taxes
As a Partner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, tourist, income, or other taxes (“Taxes”).
11. Term & Termination
11.1 Term. This agreement between you and EXPLORINGNOTBORING reflected by these Partner Terms is effective when you submit to become a Partner on the EXPLORINGNOTBORING Platform and remains in effect until either you or we terminate this agreement in accordance with Section 21.2 of these Terms.
11.2 Termination. As a Partner, you may terminate these Partner Terms at any time by deleting your Partner account, subsequently removing all of your Listings from the EXPLORINGNOTBORING Platform. EXPLORINGNOTBORING may terminate this agreement immediately and without notice and stop providing access to the EXPLORINGNOTBORING Platform if you materially breach these Partner Terms and/or our other Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect EXPLORINGNOTBORING, its Members or third parties. If your Listing has been inactive for 120 or more days, we may remove it from the EXPLORINGNOTBORING Platform. If you reside in the United States, or the organization you are acting for is established in the United States, the language in this Section 11 supersedes Section 21.2 of the Terms with respect to all activities related to providing your Partner Offering.
PARTNER TERMS IN A NUTSHELL
Taxes, insurance, and legal compliance are your responsibility as an independent individual or entity.
PAYMENT TERMS
12. Payment Terms Definitions.
12.1 Payment Services. EXPLORINGNOTBORING is not a payments provider. Payments are made directly from Seekers to Partners externally to EXPLORINGNOTBORING using a third party payment provider (e.g. Stripe, Inc.) (“Third-Party Services“).
By using exploringnotboring.com you are agreeing to be bound by the terms of any third party payment providers associated with the EXPLORINGNOTBORING Platform and the Third-Party Service will be responsible for all matters relating to payment and use of your card details. EXPLORINGNOTBORING is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by EXPLORINGNOTBORING of those Third-Party Services.
EXPLORINGNOTBORING facilitates transaction between Members in connection with the EXPLORINGNOTBORING Platform using a third party payment provider to provide the payment services outlined below (collectively, “Payment Services“):
- Collecting payments from Seekers (“Payin”), by charging the payment method associated with their EXPLORINGNOTBORING account, such as a credit card or debit card (“Payment Method”);
- Effecting payments to Partners (“Payout”) to a financial instrument associated with their EXPLORINGNOTBORING account, such as a Stripe account, bank account, a prepaid card, or a debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Partner;
- Collection and payment of charitable donations;
- Payment collection services; and
- Other payment related services in connection with Partner Offerings.
By using the Payments Services, you agree to comply with these Payments Terms. EXPLORINGNOTBORING may improve, enhance and modify the Payment Services and introduce new Payment Services or Third-Party Service from time to time. EXPLORINGNOTBORING will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
In order to use the Payment Services, you must have an EXPLORINGNOTBORING account in good standing in accordance with the rest of these Terms of Service, and must keep your payment and personal information accurate and complete.
13. Seeker Payment Terms
The following paragraphs apply to Seekers, including those who are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
13.1 Payment Collection. You authorize EXPLORINGNOTBORING to collect from you amounts due pursuant to these Payment Terms. Each Seeker acknowledges and agrees that, notwithstanding the fact that EXPLORINGNOTBORING is not a party to the agreement between you and the Partner(s), EXPLORINGNOTBORING facilitates transactions between Partners and Seekers by accepting payments from you on behalf of the Partner(s). Upon a Seeker’s payment of the funds to EXPLORINGNOTBORING, the Seeker’s payment obligation to the Partner(s) for the agreed upon amount is extinguished, and EXPLORINGNOTBORING is responsible for remitting the funds successfully received by EXPLORINGNOTBORING to the Partner(s) in the manner described in these Payments Terms. In the event that EXPLORINGNOTBORING does not remit any such amounts, the Partner(s) will have recourse only against EXPLORINGNOTBORING and not the Seeker directly.
13.2 Adding a Payment Method. When you add a Payment Method to your EXPLORINGNOTBORING account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to EXPLORINGNOTBORING or its third-party payment processor(s). You authorize EXPLORINGNOTBORING and its payment service providers to collect and store your Payment Method information.
13.3 Payment Method Verification. When you add or use a new Payment Method, EXPLORINGNOTBORING may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your EXPLORINGNOTBORING account so it can be used for a future transaction. You can remove the Payment Method from your EXPLORINGNOTBORING account as long as it is not associated with an active or future reservation.
13.4 Payment Authorization. You allow EXPLORINGNOTBORING to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your EXPLORINGNOTBORING account.
13.5 Timing of Payment. EXPLORINGNOTBORING generally charges the Total Price due after the Partner accepts your booking or order request, automatically or manually. Once the payment for your request is successfully completed, you will receive a confirmation email.
13.6 Currency. Each transaction is processed in the United States Dollar (USD) or when applicable, in the currency you select via the ExploringNotBoring Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method and/or your country of residence. Any such limitations will be communicated via the ExploringNotBoring Platform, and you will be prompted to select a different currency or Payment Method. Note that ExploringNotBoring is located in the United States and if our location is different than the country of your Payment Method, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. EXPLORINGNOTBORING is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
13.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Partner or you cancel the booking request before it is accepted by the Partner, any amounts collected by EXPLORINGNOTBORING will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
13.8 Payment Restrictions. EXPLORINGNOTBORING reserves the right to decline or limit payments that we believe (i) may violate EXPLORINGNOTBORING’ risk management policies or procedures, (ii) may violate these Payments Terms or our Terms of Service, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, EXPLORINGNOTBORING, or others to risks unacceptable to EXPLORINGNOTBORING.
13.9 Payment Service Providers. Payment Methods involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and EXPLORINGNOTBORING is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
13.10 Your Payment Method. EXPLORINGNOTBORING is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
13.11 Term & Termination. This agreement between you and EXPLORINGNOTBORING reflected by these Payment Terms is effective when you create an EXPLORINGNOTBORING account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 21.2 of these Terms.
SEEKER PAYMENT TERMS IN A NUTSHELL
EXPLORINGNOTBORING facilitates transactions but is not a payments provider. In addition to these Payment Terms, you will be bound by third party provider terms, too.
14. Partner Payment Terms
14.1 Payment Collection. EXPLORINGNOTBORING uses Third-Party Services (e.g Stripe, Inc.) to collect the Total Price of a sale at the time the Seeker’s request is accepted by the Partner, automatically or manually, unless noted otherwise. Each Partner agrees that payment made by a Seeker through EXPLORINGNOTBORING, shall be considered the same as a payment made directly to the Partner, and the Partner will provide the Partner Offering sold to the Seeker in the agreed-upon manner as if the Partner has collected and received the payment directly from the Seeker. Each Partner agrees that EXPLORINGNOTBORING may refund the Seeker in accordance with the Terms of Service. Each Partner understands that EXPLORINGNOTBORING’s obligation to pay the Partner is subject to and conditional upon successful receipt of the associated payment(s) from Seeker(s). EXPLORINGNOTBORING guarantees payments to Partner(s) only for such amounts that have been successfully received by EXPLORINGNOTBORING from Seekers in accordance with these Payments Terms. In facilitating the transaction between the Partner and Seeker, EXPLORINGNOTBORING assumes no liability for any acts or omissions of the Partner.
14.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your EXPLORINGNOTBORING account. When you add a Payout Method to your EXPLORINGNOTBORING account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to EXPLORINGNOTBORING’s third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize EXPLORINGNOTBORING to collect and store your billing information and financial instrument information. EXPLORINGNOTBORING may also share your information with governmental authorities as required by applicable law.
14.3 Timing of Payout. Subject to and conditional upon successful receipt of the payment(s) from the Seeker, EXPLORINGNOTBORING will generally initiate Payouts to your selected Payout Method: (i) for Activities or Events, 24 hours after the start of the Experience; and (ii) for Products, once the item is marked as Shipped.
14.4 Payout. Your Payout for a sale will be the Total Price less applicable EXPLORINGNOTBORING service fees and applicable taxes. In the event of cancellation of a confirmed booking or order, EXPLORINGNOTBORING will remit the amount you are due (if any) as provided in these Terms of Service and applicable cancellation policy.
14.5 Payout Communication. EXPLORINGNOTBORING will provide the Partner notice via email when we initiate each Payout. We will also provide notice to a Partner’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Partner to ensure that you provide us with a current, accurate, and valid email address.
14.6 Payout Restrictions. EXPLORINGNOTBORING may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, EXPLORINGNOTBORING may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under these Terms of Service as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined in Section 30.9 below).
14.7 Resolution Procedures. If you as a Partner claim not to have received a Payout properly due to you via your chosen Payout Method, EXPLORINGNOTBORING will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.
14.7 Currency Conversion. EXPLORINGNOTBORING will remit your Payouts in the United States Dollar or where applicable, in the currency you select via the EXPLORINGNOTBORING Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method and/or your country of residence. Any such limitations will be communicated via the EXPLORINGNOTBORING Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and EXPLORINGNOTBORING is not responsible for any such fees and disclaims all liability in this regard.
14.8 Payment Service Providers. Payout Methods involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and EXPLORINGNOTBORING is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
14.9 Your Payout Method. EXPLORINGNOTBORING is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
14.10 Fees. You authorize EXPLORINGNOTBORING to collect from you amounts due pursuant to these Payment Terms, including:
- Any service fees:
- Experience Listings: 15% Service Fee
- Event Listings: 15% Service Fee
- Product Listings: 10% Service Fee
- Any cancellation fees imposed pursuant to the Terms (e.g., if, as a Partner, you cancel a confirmed booking).
- Any amounts already paid to you as a Partner despite a Seeker cancelling a confirmed booking or EXPLORINGNOTBORING deciding that it is necessary to cancel a booking in accordance with the Terms, Seeker Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, EXPLORINGNOTBORING will be entitled to recover the amount of any such Seeker refund from you, including by subtracting such refund amount out from any future Payouts due to you.
- Any collection fees if there are delinquent amounts with your Payment Method or chargebacks associated with your Partner Offerings, you may be charged fees that are incidental to EXPLORINGNOTBORING’s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
Except as otherwise provided on the EXPLORINGNOTBORING Platform, service fees are non-refundable. EXPLORINGNOTBORING reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 21.2. More information about when service fees apply and how they are calculated can be found on our Service Fees page.
14.11 Term & Termination. This agreement between you and EXPLORINGNOTBORING reflected by these Payment Terms is effective when you create an EXPLORINGNOTBORING Partner account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 21.2 of these Terms.
PARTNER PAYMENT TERMS IN A NUTSHELL
EXPLORINGNOTBORING facilitates transactions but is not a payments provider. In addition to these Payment Terms, you will be bound by third party provider terms, too.
15. Refunds
15.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, and Experience Seeker Refund Policy will be initiated and remitted by EXPLORINGNOTBORING in accordance with these Payments Terms.
15.2 EXPLORINGNOTBORING will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, EXPLORINGNOTBORING will initiate and process the refund as soon as is practicable.
16. Prohibited Activities
16.1 Prohibited Activities. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or the Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your EXPLORINGNOTBORING account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EXPLORINGNOTBORING or any of EXPLORINGNOTBORING’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Partner Offerings are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
17. Liability
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your EXPLORINGNOTBORING account in any way, you are responsible for the actions taken by that person. Neither EXPLORINGNOTBORING nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not EXPLORINGNOTBORING has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Partners pursuant to these Payments Terms or an approved payment request under the EXPLORINGNOTBORING Partner Guarantee, in no event will EXPLORINGNOTBORING’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for purchases via the EXPLORINGNOTBORING Platform as a Seeker in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Partner, the amounts paid by EXPLORINGNOTBORING to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between EXPLORINGNOTBORING and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect EXPLORINGNOTBORING’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
PAYMENT TERMS IN A NUTSHELL
EXPLORINGNOTBORING facilitates transactions but is not a payment service provider. In addition to these Payment Terms, you will be bound by third party provider terms, too.
GENERAL TERMS
18. Reviews.
After each Partner Offering, Seekers will have an opportunity to leave a review. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by EXPLORINGNOTBORING for accuracy and may be incorrect or misleading.
19. Content.
Parts of the EXPLORINGNOTBORING Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant EXPLORINGNOTBORING a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where EXPLORINGNOTBORING pays for the creation of Content or facilitates its creation, EXPLORINGNOTBORING may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant EXPLORINGNOTBORING the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that EXPLORINGNOTBORING may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. EXPLORINGNOTBORING does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
20. EXPLORINGNOTBORING Platform Rules.
20.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the EXPLORINGNOTBORING Platform
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the EXPLORINGNOTBORING Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the EXPLORINGNOTBORING Platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the EXPLORINGNOTBORING Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the EXPLORINGNOTBORING Platform.
- Only use the EXPLORINGNOTBORING Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the EXPLORINGNOTBORING Platform as authorized by these Terms.
- Do not use the EXPLORINGNOTBORING Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- You may use Content made available through the EXPLORINGNOTBORING Platform solely as necessary to enable your use of the EXPLORINGNOTBORING Platform as a Seeker or Partner.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make, or accept a booking or any payment outside of the EXPLORINGNOTBORING Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
- Do not require or encourage Seekers to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by EXPLORINGNOTBORING.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Partner Offerings unless you are actually using the Partner Offerings
- Do not use, copy, display, mirror or frame the EXPLORINGNOTBORING Platform, any Content, any EXPLORINGNOTBORING branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
- Read and follow our Terms, Policies and Standards.
- Do not use the name, logo, branding, or trademarks of EXPLORINGNOTBORING or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with EXPLORINGNOTBORING branding.
- Do not offer Partner Offerings that violate the laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
20.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting EXPLORINGNOTBORING. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to EXPLORINGNOTBORING. If you reported an issue to local authorities, EXPLORINGNOTBORING may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
20.3 Copyright Notifications. If you believe that Content on the EXPLORINGNOTBORING Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
21. Termination, Suspension and other Measures.
21.1 Term. The agreement between you and EXPLORINGNOTBORING reflected by these Terms is effective when you access the EXPLORINGNOTBORING Platform (for example to create an account) or use the Payment Services and remains in effect until either you or we terminate the agreement in accordance with these Terms.
21.2 Termination. You may terminate this agreement at any time by deleting your account. EXPLORINGNOTBORING may terminate this agreement and your account for any reason by giving you 30 days’ notice (or two (2) months’ prior notice for Members in the United Kingdom) via email to your registered email address or using any other contact information you have provided for your account. EXPLORINGNOTBORING may also terminate this agreement immediately and without notice and stop providing access to the EXPLORINGNOTBORING Platform and Payment Services if (i) you breach these Terms; (ii) you provide inaccurate, fraudulent, outdated, or incomplete information; (iii) you violate our Policies or applicable laws, regulations or third-party right; or (iv) EXPLORINGNOTBORING reasonably believes in good faith that termination is necessary to protect EXPLORINGNOTBORING, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
21.3 Member Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) EXPLORINGNOTBORING believes it is reasonably necessary to protect EXPLORINGNOTBORING, its Members, or third parties; EXPLORINGNOTBORING may, with or without prior notice:
- suspend or limit your access to or use of the EXPLORINGNOTBORING Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as EXPLORINGNOTBORING determines in its sole discretion, you will be given notice of any intended measure by EXPLORINGNOTBORING and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Partner will be reduced by the amount we refund or otherwise provide to the Seeker, and by any other costs we incur as a result of the cancellation.
21.4 Legal Mandates. EXPLORINGNOTBORING may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 21.3.
21.5 Effect of Termination. If you are a Partner and terminate your ExploringNotBoring account or ExploringNotBoring takes any of the measures described above, any confirmed booking(s) will be automatically cancelled and those Seekers will receive a full refund, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you terminate your account as a Seeker, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the EXPLORINGNOTBORING Platform or the Payment Services has been limited or suspended, or this Agreement has been terminated by us, you may not register a new EXPLORINGNOTBORING account or attempt to access or use the EXPLORINGNOTBORING Platform or Payment Services through an account of another Member.
21.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this Agreement, including Sections 2 through 29.
22. Modification.
Except as otherwise required by applicable law, EXPLORINGNOTBORING may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the EXPLORINGNOTBORING Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective and up to two (2) months advance notice in some areas, such as the United Kingdom or Australia. If you disagree with the revised Terms, you may terminate this Agreement immediately as provided in these Terms. If you do not terminate this Agreement before the date the revised Terms become effective, your continued access to or use of the EXPLORINGNOTBORING Platform will constitute acceptance of the revised Terms.
23. EXPLORINGNOTBORING’s Role.
We offer a platform that enables Members to publish, offer, search for, book and purchase unique Partner Offerings. While we work hard to ensure our Members have great experiences using EXPLORINGNOTBORING, we do not and cannot control the conduct of Seekers and Partners. You acknowledge that EXPLORINGNOTBORING has the right, but does not have any obligation, to monitor the use of the EXPLORINGNOTBORING Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the EXPLORINGNOTBORING Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that EXPLORINGNOTBORING administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for partners), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist EXPLORINGNOTBORING in good faith, and to provide EXPLORINGNOTBORING with such information and take such actions as may be reasonably requested by EXPLORINGNOTBORING with respect to any investigation undertaken by EXPLORINGNOTBORING regarding the use or abuse of the EXPLORINGNOTBORING Platform. EXPLORINGNOTBORING is not acting as an agent for any Member except for where EXPLORINGNOTBORING acts as a third-party settlement organization (TPSO) as provided in the Payments Terms.
24. Member Accounts.
You must register an account to access and use many features of the EXPLORINGNOTBORING Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the EXPLORINGNOTBORING Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify EXPLORINGNOTBORING if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
25. Disclaimer of Warranties.
We provide the EXPLORINGNOTBORING Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Seeker, Partner, Partner Offering, Listing or third party; (ii) we do not warrant the performance or non-interruption of the EXPLORINGNOTBORING Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or EXPLORINGNOTBORING has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
26. Limitations on Liability.
Neither EXPLORINGNOTBORING (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the EXPLORINGNOTBORING Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the EXPLORINGNOTBORING Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the EXPLORINGNOTBORING Platform, or (iv) publishing, purchasing or booking of a Listing, including the provision or use of Partner Offerings, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not EXPLORINGNOTBORING has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Partners under these Terms, in no event will EXPLORINGNOTBORING’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the EXPLORINGNOTBORING Platform, any Content, or any Partner Offering, exceed: (A) to Seekers, the amount you paid as a Seeker during the 12-month period prior to the event giving rise to the liability, (B) to Partners, the amount paid to you as a Partner in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US $100).
These limitations of liability and damages are fundamental elements of the agreement between you and EXPLORINGNOTBORING. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
27. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at EXPLORINGNOTBORING’s option), indemnify, and hold EXPLORINGNOTBORING (including EXPLORINGNOTBORING affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including the Payment Terms and any supplemental or additional terms that apply to a product or feature) or our Policies or Standards; (ii) your improper use of the EXPLORINGNOTBORING Platform, including improper use of the Payment Services; (iii) your interaction with any Member, participation in an Experience or other Partner Offering, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes; or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
28. Governing Law and Venue.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Utah and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 29 are subject to the exclusive jurisdiction of the federal and state courts located in Salt Lake County, Utah, USA. You and we both consent to venue and personal jurisdiction in Salt Lake County, Utah, USA.
29. Dispute Resolution and Arbitration Agreement.
29.1 Opt-Out of Arbitration Agreement. You can opt out of this agreement to arbitrate. If you do so, neither you nor EXPLORINGNOTBORING can require the other to participate in an arbitration proceeding. To opt out, you must notify EXPLORINGNOTBORING in writing within 30 days of the date that you first became subject to this arbitration provision.
You must use this address to opt out:
EXPLORINGNOTBORING, BLLC ATTN: Arbitration Opt-Out 1953 S 1100 E, Unit#521897, SLC, UT 84106
You must include your name and residence address, the email address you use for your EXPLORINGNOTBORING account, and a clear statement that you want to opt out of this arbitration agreement.
29.2 Overview of Dispute Resolution Process. EXPLORINGNOTBORING is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (1) an informal negotiation directly with EXPLORINGNOTBORING’s customer service team (described in paragraph 29.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and EXPLORINGNOTBORING each retain the right to seek relief in small claims court as an alternative to arbitration.
29.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and EXPLORINGNOTBORING each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to EXPLORINGNOTBORING by mailing it to EXPLORINGNOTBORING’s: 1953 S 1100 E, Unit#521897, SLC, UT 84106. EXPLORINGNOTBORING will send its notice of dispute to the email address associated with your EXPLORINGNOTBORING account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the Parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
29.4 Agreement to Arbitrate. You and EXPLORINGNOTBORING mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the EXPLORINGNOTBORING Platform, Partner Offerings, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and EXPLORINGNOTBORING agree that the arbitrator will decide that issue.
29.5 Exceptions to Arbitration Agreement. You and EXPLORINGNOTBORING each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 28): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and EXPLORINGNOTBORING agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
29.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
29.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, EXPLORINGNOTBORING agrees that any required arbitration hearing may be conducted, at your option: (a) in Salt Lake County; (b) via phone or video conference; or (c) if all Parties agree, by solely the submission of documents to the arbitrator.
29.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
29.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
29.10 Jury Trial Waiver. You and EXPLORINGNOTBORING acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
29.11 No Class Actions or Representative Proceedings. You and EXPLORINGNOTBORING acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
29.12 Severability. Except as provided in Section 29.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
29.13 Changes to Agreement to Arbitrate. If EXPLORINGNOTBORING changes this Section 29 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice per the instructions in Section 29.1 within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and EXPLORINGNOTBORING (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and EXPLORINGNOTBORING.
29.14 Survival. Except as provided in Section 29.12 and subject to Section 21.6, this Section 29 will survive any termination of these Terms and will continue to apply even if you stop using the EXPLORINGNOTBORING Platform or terminate your EXPLORINGNOTBORING account.
30. Miscellaneous.
30.1 Other Terms Incorporated by Reference. Our Experience Seeker Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the EXPLORINGNOTBORING Platform, are incorporated by reference, and form part of your agreement with EXPLORINGNOTBORING.
30.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between EXPLORINGNOTBORING and you pertaining to your access to or use of the EXPLORINGNOTBORING Platform and supersede any and all prior oral or written understandings or agreements between EXPLORINGNOTBORING and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and EXPLORINGNOTBORING. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 29.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
30.3 No Waiver. EXPLORINGNOTBORING’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
30.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without EXPLORINGNOTBORING’s prior written consent. EXPLORINGNOTBORING may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
30.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by EXPLORINGNOTBORING via email, EXPLORINGNOTBORING Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
30.6 Third-Party Services. The EXPLORINGNOTBORING Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. EXPLORINGNOTBORING is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
30.7 Google Terms. Some translations on the EXPLORINGNOTBORING Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the EXPLORINGNOTBORING Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
30.8 EXPLORINGNOTBORING Platform Content. Content made available through the EXPLORINGNOTBORING Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of EXPLORINGNOTBORING and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the EXPLORINGNOTBORING Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, EXPLORINGNOTBORING grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Web Application on your personal device(s); and (ii) access and view the Content made available on or through the EXPLORINGNOTBORING Platform and accessible to you, solely for your personal and non-commercial use.
30.9 Force Majeure. EXPLORINGNOTBORING shall not be liable for any delay or failure to perform or fulfill any obligation under these Terms resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
30.10 Emails and SMS. You will receive administrative communications from us using the email address, phone number, or other contact information you provide for your EXPLORINGNOTBORING account, including communication to authenticate your account. Enrollment in additional email subscription programs or SMS campaigns will not affect the frequency of these administrative communications, though you should expect to receive additional emails or SMS messages specific to the program(s) or campaign(s) to which you have subscribed. You may also receive promotional communication from us. No fee is charged for promotional communication, but third-party data rates could apply for email or SMS. You can control whether you receive promotional emails using the notification preferences in your Account Settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an EXPLORINGNOTBORING account. By providing your phone number, you are opting in to receive SMS (text messages) from EXPLORINGNOTBORING and you agree to our supplemental SMS Terms.
GENERAL TERMS IN A NUTSHELL
The EXPLORINGNOTBORING Platform is provided “as is,” you can’t claim damages from us for any use of our website. Any disputes will be settled with arbitration. All rules must be followed to use the site.
31. Contact Us.
If you have any questions about these Terms please email us.
EXPLORINGNOTBORING, BLLC
1953 S 1100 E, Unit #521897
Salt Lake City, Utah 84106
