We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
We reserve the right to refuse to provide services or permit you to attend the Holiday Road Event for any reason in our sole discretion. In addition, we reserve the right to remove you from the Event for any reason in our sole discretion. We also have the right to cancel or postpone the Event in our sole discretion. Except as set forth below, if the Event is cancelled, you will receive a refund for the price of your ticket that you purchased. Except for a cancellation, no refunds will be provided. If the Event is postponed you will be provided a credit towards attendance at the rescheduled Event, which time and place shall be in our sole discretion. Notwithstanding the foregoing, if the Event is cancelled due to governmental restrictions related to COVID-19, we shall have the option to either provide you a refund or provide you a credit to next year’s Event.
As a condition of your right to use our Digital Services or attend the Event, you represent and affirm that you are of legal age to enter into a binding contract, attend the Event, and that you are not a person barred from accessing the Digital Services or attending the Event under the laws of the United States of America, California or any other applicable law. As for any driving tour provided by us, you represent and warrant that the driver and vehicle are licensed, insured and registered and otherwise in compliance with California law and understand that we may require you to present proof of the same in our sole discretion and that failure to present such proof may cause you not to be allowed to attend the Event. You understand and agree that no refunds will be issued and that we may, in our sole discretion, issue a credit for attending the Event on a future date with proof of required insurance.
Portions of the Event, including as part of the creation of the VR, may be photographed or videotaped. It is possible that images of you or the sounds of your voice may be captured during the Event or could become part of the VR experience, and you agree that we may use such images of you or sounds made by you in any manner that we want, and you hereby grant us such rights.
Any use of Content, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized agent of Holiday Road is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or our Content without prior written permission of an authorized agent of Holiday Road. You may not copy any portion of the Content. You may not make any commercial use of Content owned by any third parties which is available on the Digital Services or at the Event, without the express consent of those third parties.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOLIDAY ROAD, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR DIGITAL SERVICES OR YOUR ATTENDANCE AT THE EVENT. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND EVENT SERVICES OFFERED THROUGH THE DIGITAL SERVICES OR AT THE EVENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOLIDAY ROAD IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, DISRUPTION OF THE EVENT, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY DIGITAL SERVICES OR YOUR ATTENDANCE AT THE EVENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES AND YOUR ATTENDANCE AT THE EVENT IS AT YOUR SOLE RISK AND YOU AGREE TO ASSUME ALL RISK ASSOCIATED THEREWITH. UNDER NO CIRCUMSTANCES, WILL HOLIDAY ROAD BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES, WHETHER TO YOUR PERSON OR TO YOUR PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU, INCLUDING YOUR ATTENDANCE AT THE EVENT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF HOLIDAY ROAD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HOLIDAY ROAD UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS OR THE AMOUNT THAT YOU PAID TO HOLIDAY ROAD DURING THE PRECEDING SIX MONTHS, WHICHVER IS GREATER.
YOU SPECIFICALLY AGREE THAT HOLIDAY ROAD SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR DIGITAL SERVICES. YOU SPECIFICALLY AGREE THAT HOLIDAY ROAD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY USING THE SITE, VR OR IN ATTENDANCE AT OUR EVENT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, BUT YOU UNDERSTAND THAT ANY COURT OF COMPETENT JURISDICTION WILL ENFORCE THESE RIGHTS TO THE GREATEST EXTENT POSSIBLE.
The novel Coronavirus, commonly known as COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
We have put in place preventative measures to reduce the spread of COVID-19; however, we cannot guaranty that you will not become infected with COVID-19 if you attend the Event. Further, your attendance at the Event could increase your risk of contracting COVID-19.
By purchasing a ticket and attending the Event, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, Holiday Road or our employees, crew members, agency personnel and client personnel and any of the Events participants or attendees. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance of, engaging in, and/or participation in the Event.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Digital Services or take any action at an Event in any way that violates applicable state, federal, or international laws, including regulations or other government requirements.