meventi usa, inc.
website usage terms and conditions

last updated: september 24th, 2009

acceptance of terms and conditions

this web site (“web site”) is operated by meventi usa, inc., a corporation organized under the laws of the state of florida, u.s.a., which is located at p.o. box 24525, fort lauderdale, florida, 33307, u.s.a. (“meventi usa”, “we” or “our”). the basis for the use of our web site, the products offered on this website as well as any purchases and reservations made through our web site is subject to the following terms and conditions (“terms and conditions”), which are explicitly by such reference made part of our agreement with you. by purchasing, booking, redeeming, or participating in a meventi usa experience or a meventi usa gift certificate or by accessing, browsing and using our web site you agree to be bound to the following terms and conditions.

description of meventi usa’s services

through our web site we are able to make available to you a large selection of offers of defined, unusual and special experiences (singularly, an “experience” or if more than one “experiences”) from various independent operators (singularly, an “operator” or if more than one “operators”) in not only the united states but in other countries as well. we explicitly restrict our offered services to finding and making available to you unusual and special experiences and events, offering them as single or package offers to individuals and/or groups. meventi usa acts solely as finder of these events. the events and experiences that we offer for sale on our web site are sold to you in the form of gift certificates. such experiences may be subject to change as determined by each individual operator.

a gift certificate that is purchased through the meventi usa web site enables the purchaser or any third person who holds the certificate to contact the operator of the experience directly in order to fulfill the experience. the relationship between an operator and a certificate holder is set forth by the prices and the terms and conditions published on our website. reservation and redemption of one of our experiences creates a contractual obligation exclusively between the purchaser of the certificate and the operator and not meventi usa. meventi usa serves exclusively as a finder for you of these unique, unusual and special experiences. we are not responsible for the fulfillment of the purchased experience.

a gift certificate for an experience offered by an operator on our web site is a voucher for the unique and specific experience. every gift certificate purchased from our web site is valid for one person only, except if explicitly stated otherwise on the gift certificate. generally, if the gift certificate is for more than one person, gift certificates for each person must be separately purchased and redeemed.

a gift certificate for an experience offered by an operator on our web site entitles the purchaser or any third person named by the purchaser the right to reserve and redeem or book the respective experience from an operator after payment in full. booking of a reservation must be made directly with the operator for the experience. the gift certificate or contract for the fulfillment of the experience is based solely on the terms and conditions of the respective operator. our release of the code on the gift certificate is conditional upon full payment. meventi usa gift certificates can be redeemed for experiences with an operator offered only through meventi usa and cannot be redeemed or exchanged for services with any other merchant, entity or event supplier. meventi usa gift certificates cannot be redeemed or exchanged for cash. meventi usa gift certificates do not store any value electronically and value cannot be electronically added or subtracted to one of our gift certificates.

in addition to gift certificates offered on our web site you may also choose to purchase a meventi usa value certificate. the purchase of a meventi usa value certificate entitles the purchaser or a third person to choose a unique and unuual experience from our web site based upon the value or amount purchased. the value certificates are available in various price brackets. if the price of an experience event is lower than the value on the certificate, the difference is retained as a credit against the value certificate. the remaining amount may be used towards the purchase of another one of our gift certificates or experiences. there is no payment or redemption for cash of any such excess amount. if the price of the selected experience is higher than the value certificate, the difference is due and payable to meventi usa by way of one of the acceptable payment methods on our web site.

meventi usa return and refund policy

if you wish to return a gift certificate that was purchased through our web site, you must do so within thirty (30) days of the date of purchase. refunds may only be requested by the original purchaser and any such refund will be remitted only to the original purchaser in accordance with the original payment method. no refunds shall be made once a meventi usa experience is booked in accordance with booking requirements found on our web site. you shall not be entitled to a refund or exchange in the event you fail to participate in a booked meventi usa experience unless you have cancelled and rebooked the experience under the rules set forth in these terms and conditions.

extended holiday return policy

nothwithstanding anything set forth herein to the contrary, gift certificates and value certificates purchased through our web site between november 1st of a respective year and december 31st of that same respective year may be returned for a refund by the original purchaser up to and until january 31st of the following year. all other return policies apply.

gift certificates and value certificates expiration dates

gift certificates and value certificates purchased through our web site expire through the lapse of time twelve (12) months from the date of purchase (“expiration date”). you must schedule your gift certificate and/or value certificate experience before the expiration date. the expiration date is printed on the gift certificate or value certificate. pleased be advised, that a gift certificate’s and/or value certificate’s expiration date can be extended before the expiration date occurs one time only for an additional three (3) months upon payment to meventi usa of an administrative fee equal to the greater of: (i) five percent (5%) of said certificate’s value or fifteen ($15.00) dollars. please note, if you schedule an experience for a date after the original expiration date you will first be obligated to extend the expiration date as set forth herein. an expiration date may be extended based upon the foregoing terms and conditions by calling our customer service team at (954) 514-7574 and must be requested prior to the original expiration date.

recipient exchange policy

recipients of meventi usa gift certificates may exchange un-booked experiences set forth on one of our gift certificates at any time prior to the expiration date free of charge. recipients of meventi usa gift certificates that have been booked must be exchanged outside of the posted cancellation policy found on the relevant experience on our web site. should a holder of one of our gift certificates choose to exchange the experience thereon at any time prior to the expiration date for a more expensive experience the gift certificate holder will simply need to pay the difference in cost to meventi usa. should the exchange of one of our gift certificates at any time prior to the expiration date be for a less expensive experience, the excess balance shall remain on such gift certificate. should a holder of one of our gift certificates choose to exchange the experience thereon for an experience in another country, in addition to the foregoing exchange rules, the current respective monetary exchange rate will be applied against the gift certificate’s value plus an administrative fee of $30.00 must be paid. all other meventi usa gift certificates and/or value certificates (given out at raffles or as promotions) may not be extended beyond their original expiration date. other terms and conditions for a raffle or promotion may apply. a combination of promotional and other price reductions is not permitted.

terms of payment and delivery conditions

prices for all offered gift certificates and value certificates are binding. all prices are final. gift certificates will be sent by e-mail as a pdf file. at the same time, you may download gift certificates via code from the our web site.

if you purchase our gift certificate type 3 (gift box) or type 4 (event box) the following fees will be charged: (i) gift box: $15.00 plus $8.00 for postage and handling; (ii) event box: $ 35.00 plus $10 for postage and handling. the contents of the gift box/event box may vary from the description and pictures on our web site, but the value will remain the same. depending on the selected type of mailing, the gift certificate will be sent out within 7 days. the gift certificate will be delivered to the recipient and address named by the purchaser. prior thereto, the purchaser will receive an e-mail containing the documents invoice, gift-certificate and, if necessary, additional information for the experience. delivery may be dependent on conditions beyond our control, including but limited to force majeure, war riot, insurrections or strikes. if one of our purchased gift certificates or value certificates is lost or stolen, please contact our customer service team immediately so that we can cancel the code on the certificate. meventi usa shall not be responsible for the loss of, theft of, or damage to any of our gift certificates or value certificates. meventi usa shall not be responsible for the loss of any meventi experience or meventi gift certificates or value certificates as a result of identity theft or fraud.

if you wish to purchase any of our experiences through this web site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. any such information will be treated as described in our privacy policy. all information that you provide to us or our third party payment processor must be accurate, current and complete. you represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. you agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. you will also be responsible for paying any applicable taxes relating to your purchases. verification of information applicable to a purchase may be required prior to our acceptance of any order.

commercial resale

the reselling of our gift certificates and/or value certificates is specifically prohibited. in the case of infringement, meventi usa reserves all rights and entitlements to damages.

accuracy of experiences

meventi usa reserves the right to delete, add to or otherwise change the description, terms, conditions and prices for any of our experiences without prior notice. meventi usa shall use commercially reasonable efforts to update this web site to reflect any deletions, additions or other changes to the description and/or price for any meventi usa experience; however, operators shall be ultimately responsible for the accuracy of the description of the relevant meventi usa experience(s), including without limitation, the exact location, estimated duration, waiting times, instruction requirements, minimum and maximum number of other participants and any other limitations, restrictions or requirements relating to the relevant meventi usa experience, such as age, height, physical condition, weather, among others. pictures and descriptions of meventi usa experiences are included in our web site strictly for illustrative purposes and might not accurately reflect the actual experience.

weather

certain meventi usa experiences are weather dependent. you should not assume that weather conditions will result in a cancellation of a booked meventi experience, as failure to appear for a booked experience will result in the loss of your experience and the value attributable thereto. you must always contact the experience operator with any questions regarding weather conditions. an experiences cancelled by the operator due to weather conditions must be re-booked directly with the operator, subject to availability, without penalty.

personal and physical condition

participation in a described experience may be subject to a certain personal and physical conditions and/or fitness. you will find these requirements in the description of the respective experience on our web site. after the purchase of an experience from meventi usa, the gift certificate or value certificate holder are responsible to satisfy the described personal and physical requirements. no refund will be made due to an inability of the proposed experience participant to satisfy personal and physical requirements.

withdrawal of an experience or location

in the event that meventi usa permanently cancels or otherwise terminates or withdraws a meventi experience or an experience location, you shall be entitled to exchange the gift certificate for same for another meventi usa experience or a meventi usa gift certificate of equal or similar value.

operator cancellations

operators may cancel booked meventi experiences without notice in the event of, including but not limited to, mechanical or equipment problems, malfunctions or unavailability, celebrity illness or other no-shows. in such event, you shall be entitled to re-book or exchange such a meventi experience in accordance with these terms and conditions. meventi usa shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a cancelled meventi experience.

availability

all meventi experiences are subject to availability and must be booked in advance in accordance with the requirements found on our web site. meventi usa makes no claim or guarantee as to the availability of any specific experience.

change of experiences

if changes and variations from the description on this web site of a given experience are necessary, they will be implemented only if the experience is not affected considerably. you acknowledge and agree that insignificant changes will be accepted by the certificate holder. meventi usa selects the operators carefully and reserves the right to change operators and locations in its discretion.

meventi reserves the right at any time to cancel a gift certificate for experiences in its sole and absolute discretion prior to redemption of same. in such an event the purchaser shall receive a refund of the amount paid, except if the purchaser desires instead to exchange the experience in accordance with these terms and conditions.

participant cancellation and rebooking

once an experience participant has received from an operator a booking confirmation, cancellations and rebooking are only allowed up to fourteen (14) days prior to the booked experience date, unless otherwise noted on our web site. failure to appear on your booked date or to cancel and rebook at least fourteen (14) days prior to your booked date (unless otherwise noted at on our web site) will result in the loss of the value of your experience.

assignability

you may assign any meventi usa experience or meventi usa gift certificate to any third party prior to the booked date of such experience. the new experience or gift certificate holder must provide relevant information to both meventi usa and the experience operator. additionally, any such assignee shall be subject to and legally bound by these terms and conditions as well as the terms and conditions and participant requirements of the relevant experience operator.

accuracy of web site

meventi usa makes reasonable efforts to ensure the accuracy and completeness of the material and information contained on our web site; however, our web site still may contain technical inaccuracies or typographical errors. meventi usa makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the material or content contained on our web site. meventi usa provides such content and material, including the text, graphics and links, to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from computer viruses.

restrictions on use of this web site

by accessing, using or browsing this web site, you agree not to use any device, software or other tool or process to interfere or attempt to interfere with the operation of the web site and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our web site. in addition, you agree not to use any robot, spider or other software, device, tool or process to monitor or copy the pages or the material or content of this web site without the prior written consent of meventi usa, which may be denied in our discretion. by accessing, using or browsing our web site, you agree that the information you provide to meventi usa via the web site will not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate data or information. by accessing, using or browsing our web site, you agree that meventi usa may unilaterally terminate your rights of access to this website without prior notice in the event that meventi usa determines, in its sole discretion, that (a) you have violated any of these terms and conditions or have otherwise abused, misused or otherwise sought to damage the web site, meventi usa or its other customers; (b) meventi usa receives a bona fide request from law enforcement officials or officials from other government agencies; or (c) meventi usa experiences unexpected technical or security issues or problems. such termination may entail the deletion of your password and account designation and all related information associated the same; and a permanent or indefinite suspension of your rights to access, use or browse this web site.

copyright terms and conditions

the copyright to all materials and content contained in www.meventi.com is owned or licensed by meventi usa unless otherwise set forth and may not be used by you except as set forth in these terms and conditions. you may only download material and content contained in the website for non-commercial, personal use provided you do not remove or alter the copyright notices set forth therein. you may not use, alter, modify, distribute, transmit or re-post the material and content contained in this website for public or commercial purposes without the prior written consent of meventi usa.

we are committed to protecting copyrights and expect users of this web site to do the same. the digital millennium copyright act of 1998 (the “dmca”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under u.s. copyright law. if you believe in good faith that any material used or displayed on or through this web site infringes your copyright, you (or your agent) must send us a notice requesting that the material be removed, or access to it blocked. the notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our web site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the dmca permits you to send us a counter-notice. notices and counter-notices must meet the then-current statutory requirements imposed by the dmca; see http://www.copyright.gov/ for details. dmca notices and counter-notices regarding our web site should be sent to:

meventi usa, inc.
p.o. box 24525
fort lauderdale, fl 33307
email: info@meventi.com

web addresses (urls)

as part of this web site we may provide you with access to or links to use certain web addresses (urls). however, we do not guarantee the availability of any particular web page or url, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or url. in such cases, we may, at our option, provide you with another web page and url.

term and termination

these meventi usa, inc., web site usage terms and conditions shall remain effective until terminated as set forth herein. we may, in our sole discretion, immediately terminate these meventi usa, inc., web site usage terms and conditions, and/or your access to and use of this web site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these meventi usa, inc., web site usage terms and conditions. upon termination of these meventi usa, inc., web site usage terms and conditions, your right to access and/or use our web site will immediately cease. you agree that any termination of your access to or use of our web site may be effected without prior notice, and that we may immediately deactivate or delete any password and/or user name, and all related information and files associated with it, and/or bar any further access to such information or files. you agree that we shall not be liable to you or any third party for any termination of your access to this web site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. the rights and obligations of the parties as set forth herein will survive termination.

we reserve the right at any time to change all or any part of these terms and conditions; change our web site, including by eliminating and from time to time to discontinuing any content on or feature of our web site; and change any fees or charges for our experiences. any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on our web site or by electronic mail. your continued use of our web site after such notice will be deemed acceptance of such changes. you can determine when these meventi usa, inc., web site usage terms and conditions were last revised by referring to the "last updated" legend at the top of these meventi usa, inc., web site usage terms and conditions. be sure to return to this page periodically to ensure familiarity with the most current version of these meventi usa, inc., web site usage terms and conditions. upon our request, you agree to sign a non-electronic version of these meventi usa, inc., web site usage terms and conditions. you agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of or on our web site; or any change in any fees or charges our experiences.

third-party websites, software and services

this web site may direct you to websites, software or services owned or operated by third parties (“third party properties”). we have not reviewed all of the third party properties to which you may be directed and we have no control over such third party properties. we have no control over and are not responsible for (a) the content and operation of such third party properties, or (b) the privacy or other practices of such third party properties. the fact that this web site directs you to such third party properties does not indicate any approval or endorsement of any third party properties. we direct you to such third party properties only as a convenience. you are responsible for the costs associated with such third party properties, including any applicable license fees and service charges, as applicable. accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such third party properties.

other websites may provide links to our web site with or without our authorization. we do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to our web site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

you agree that your use of third party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

we shall have the right, at any time and in our sole discretion, to block links to our web site through technological or other means without prior notice.

access by minors

we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. information identifying current providers of such protections is available at the websites of getnetwise (http://kids.getnetwise.org/) and onguard online (http://onguardonline.gov/). please note that meventi usa does not endorse any of the products or services listed at such sites.

notice for california users

this notice is for our california users: the complaint assistance unit of the division of consumer services of the california department of consumer affairs may be contacted by mail at 1625 north market blvd., sacramento, ca 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

u.s. government restricted rights

if you are an agency or instrumentality of the united states government, any software and documentation included in the service are "commercial computer software" and "commercial computer software documentation", and pursuant to far 12.212 or dfars 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these terms.

export

software and material included in this web site may be subject to united states export controls. you will comply fully with all applicable export laws and regulations of the united states, including, without limitation, the u.s. export administration regulations.

indemnification

you agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise, directly or indirectly, out of or from (a) your breach of these terms and conditions, including any violation of the rules set forth in section 2 above; and/or (b) your activities in connection with an operator’s experience.

intellectual property notices

all trademarks and service marks on this web site not owned by meventi usa are the property of their respective owners. the trade names, trademarks and service marks owned by meventi usa, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. nothing contained on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

jurisdictional issues

this web site and the experiences offered for purchase thereon are controlled and operated by meventi usa from the united states, and is not intended to subject meventi usa to the laws or jurisdiction of any state, country or territory other than that of the united states. meventi usa does not represent or warrant that this web site and the experiences offered for purchase thereon is appropriate or available for use in any particular jurisdiction. those who choose to access this web site and the experiences offered for purchase thereon do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. we may limit this web site and the experiences offered for purchase thereon availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

choice of law and forum selection

all meventi usa experiences or meventi usa gift certificates or value certificates are considered purchased in the state of florida, u.s.a., and are subject to florida law without regard to principles of conflict of laws. by visiting, accessing, using or browsing our web site you agree that the laws of the state of florida, u.s.a., without regard to principles of conflict of laws, shall govern the conditions of use and such use will be construed in accordance with the laws of florida, including all matters of construction, validity and performance. by visiting, accessing, using and/or browsing our web site, you agree that any action or proceeding commenced under or with respect to or arising out of your access, use or browsing of this website shall be brought within one (1) year thereafter and exclusively in the county or district courts of broward county, florida, u.s.a. and the purchaser, recipient, redeemer, and/or participant hereby irrevocably consents to the exclusive jurisdiction of such courts and waives any right to alter or change venue, including by removal. in the event you or meventi usa institute any legal action to enforce or construe any of these terms and conditions, the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses incurred by such prevailing party in connection therewith, including attorney’s fees.

no liability for operators

all operators of meventi usa experiences are independent and unaffiliated to meventi usa.

meventi usa is not responsible for any matters relating to the operators, including without limitation, the actions or omissions of any operators. meventi usa makes no warranties or representations of any kind, either express or implied, regarding any meventi usa experiences or the operators thereof, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. you acknowledge and agree that all meventi usa experiences are subject to the terms and conditions of the relevant operator and you shall look solely to the relevant operator for any matters or complaints related to the meventi usa experience.

meventi usa shall not be liable for punitive, special, consequential, incidental or indirect damages of any kind or nature, including without limitation, lost profits, regardless of whether such liability is asserted on the basis of contract, tort, strict liability or otherwise, which relate to or are otherwise connected to any meventi experience or the actions or omissions of any operators in connection with the same even if meventi has been advised of the possibility of such damages. by purchasing and/or redeeming a meventi usa experience or meventi usa gift certificate, you hereby release and forever discharge and promise not to sue or assert against meventi usa and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents, employees from any and all claims, causes of action, damages, losses, liabilities, expenses and costs whatsoever that you or your heirs, successors, executors, administrators or other personal or legal representatives may have, including without limitation, all claims at law or in equity of every nature and kind, known and unknown, suspected or unsuspected, presently existing or which may arise in the future caused by, arising from, related to or otherwise attributable to the actions or omissions on the part of any operator or otherwise arising in connection with your purchase, redemption, booking, cancellation, exchange and/or participation in a meventi usa experience.

some jurisdictions may not allow the disclaimer of certain warranties or the limitation of liability for incidental or consequential damages; thus, some of the disclaimers of warranties and limitations of liability set forth in these terms and conditions may not apply to you.

you may be required to execute a separate waiver and release of liability in form and substance satisfactory to the provider before being permitted to participate in the experience.

operators may or may not be covered by liability and/or property damage insurance and even when a provider may have obtained such insurance, your participation in the operator's experience may not be covered by such insurance.

disclaimer of warranties

our web site, including, but not limited to, all materials incorporated therein and all features and functionality of the service, is provided "as is," "as available" and without warranties of any kind, either express or implied. to the fullest extent permissible by applicable law, meventi usa and its affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. we, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives do not warrant that your use of the service will be uninterrupted, timely, error-free or secure, that defects will be corrected, or that the service, the server(s) on which the service is offered or any software incorporated into the service are free of viruses or other harmful components. you assume all responsibility and risk for your use of the service and your reliance thereon. no opinion, advice or statement of meventi usa and/or its affiliates, distributors, partners, licensors, advertisers and/or sponsors, and/or our and their directors, officers, employees, consultants, agents and other representatives, whether made on or through the service or otherwise, shall create any warranty.

your accessing, using or browsing our web site is solely at your own risk. meventi usa and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of your accessing, using or browsing this web site or downloading any materials or content contained in this website. in addition, meventi usa and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. neither meventi and its subsidiaries, parents and affiliates and their respective members, managers, officers, authorized representatives and agents and employees nor any third party involved in the creation, development, production or hosting of this web site will be liable to you for direct, punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if meventi usa has been advised of the possibility of such damages.

limitation of liability

meventi usa shall not be responsible or liable for any delay or failure to deliver any experience, gift certificate or value certificate if such delay or failure is caused by any act of god, fire, flood, explosion, war, insurrection, riot, embargo, action, statute, ordinance, regulation or order of any government or agent thereof, shortage of labor, material, fuel, supplies or transportation; strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature beyond our control, whether or not similar to those specified above. any such cause, contingency, occurrence or circumstance shall release meventi usa from performance of its obligations hereunder.

to the fullest extent permissible by applicable law, neither meventi usa nor any of our affiliates, distributors, partners, licensors, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the service (including, but not limited to, all materials incorporated therein and all features and functionality of the service). your sole and exclusive remedy for dissatisfaction with this web site is to stop using it.

some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

assumption of risk

although operators of meventi usa experiences take reasonable steps to provide a purchaser or their designees with appropriate accommodations, equipment and skilled personnel certain risks associated with meventi usa experiences cannot be eliminated which risks can result in loss of or damage to my equipment and possessions, accidental injury or illness, or in the extreme cases, permanent trauma or death. by visiting, accessing, using and/or browsing our web site, you and all of your designees agree to assume responsibility for the risks which can result in loss of or damage to equipment and possessions, accidental injury or illness, or in the extreme cases, permanent trauma or death and will not hold meventi usa liable in any way for same. participation in a meventi usa experience is purely voluntary; no one is forcing you or your designees to participate, and you or your designees elect to participate in spite of the risks.

miscellaneous

these terms and conditions are governed by and construed in accordance with the laws of the state of florida, united states of america, without regards to its principles of conflicts of law. you agree to submit to the exclusive jurisdiction of any state court located in the county of broward, florida, united states of america, and waive any jurisdictional, venue or inconvenient forum objections to such courts. if any provision of these terms and conditions, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these terms and conditions, and the remainder of these terms and conditions and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. this is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. these terms and conditions are not assignable, transferable or sublicenseable by you except with our prior written consent. these terms and conditions may not be modified or amended except as set forth herein. any heading, caption or section title contained in these terms and conditions is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

you represent and warrant that you have the legal right, power and authority to agree to these terms and conditions. you further agree that your access, use or browsing of this website constitutes an electronic signature as defined by the electronic signatures in global and national commerce act ("e-sign") and the uniform electronic transactions act ("ueta") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these terms and conditions and acknowledged and agreed that such agreement is an electronic record for purposes of e-sign, ueta and the uniform computer information transactions act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.

if you have any questions or comments regarding these terms, please contact: info@meventi.com.

meventi usa, inc. website usage terms and conditions