TERMS AND CONDITIONS AGREEMENT
By using Jornee Unlimited, Inc. services, you agree to be bound by the following terms and conditions (the “Terms and Conditions Agreement”).
Disclaimer of Warranties; Waiver. Jornee Unlimited, Inc. and any third party in conjunction with or through Jornee Unlimited, Inc. disclaim any responsibility for any harm resulting from your use of any third party services, products, or materials used in conjunction with or through Jornee Unlimited, Inc.
Limitation of Liability. In no event, including without limitation, negligence, will Jornee Unlimited, Inc., its subsidiaries, affiliates, agents, officers, directors, employees, partners or suppliers be liable to you or any third party for any damages whatsoever, including, without limitation, special, punitive, incidental, indirect, or consequential damages of any kind resulting from any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity which may be caused or contributed to (a) by any wrongful or negligent act or omission to act on the part of any independent contractors, (b) by any persons or entities not under the direct control and supervision of Jornee, and (c) by any other cause, condition or event which arises out of or in connection with personnel, equipment, or operations of any air, water or land carrier, hotel, restaurant, or other person or entity supplying services, products, or materials, or any other travel related services or travel accommodations, who are not under the direct control and supervision of Jornee.
You understand and acknowledge that (a) Jornee Unlimited, Inc. does not control, endorse or accept responsibility for any services, products, or materials offered by third parties, (b) Jornee Unlimited, Inc. makes no representation or warranties whatsoever about any such third parties, their services, products, or materials, (c) any dealings you may have with such third parties are at your own risk, and (d) Jornee Unlimited, Inc. will not be liable or responsible for any services, products, or materials offered by third parties (e.g. athletic activities, contests, excursions, water sports, spa services, motorized vehicles, recreational vehicles, motorized water sports, etc.).
Venue/Jurisdiction. Any action brought in connection with or arising out of this Agreement or between the parties hereto shall be brought exclusively in the courts of Broward County, Florida or in the United States District Court for the Southern District of Florida. The parties hereby submit themselves to the jurisdiction of said courts and waive any and all objections to such forum, including without limitation, forum non conveniens.
Miscellaneous Provisions. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the conflict of laws provisions of Florida or your actual state or country of residence or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Jornee. The section titles used herein are purely for convenience and carry with them no legal or contractual effect.