Limitless Horizons, Inc., which is operating as Indi Horizons (“Indi Horizons”, “we,” “us,” or “our”) provides certain curated travel experiences, which may be booked through our website located at https://www.indihorizons.com/ (the “Site”).  These Terms of Service apply to your use of the Site and to any trips or travel experiences that you book with IndiHorizons (each a “Trip”).  By booking or participating in a Trip, you agree to these terms of service (as amended from time to time, these “Terms of Service”).

 

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site.  Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Site.

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PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST INDIHORIZONS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

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Your Privacy: At Indi Horizons, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://indihorizons.com/privacy/ (the “Privacy Policy”). By using the Site, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

 

Trip Booking

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Eligibility:  In order to use our Site and book a Trip, you agree that: (i) you will only use our Site for personal and non-commercial purposes; (ii) you must be at least 18 years of age and have the legal authority to enter into contracts; (iii) you will use our Site lawfully and in compliance with these Terms of Service; and (iv) all information supplied by you is true, accurate, current and complete.  In addition, you also agree not to: (a) make any false or fraudulent booking; (b) access, monitor or copy any content on our Site using any robot, spider, scraper or other automated means or any manual process; (c) violate the restrictions in any robot exclusion headers on our Site or bypass or circumvent other measures employed to prevent or limit access to our Site; (d) take any action that imposes, or may impose, an unreasonable or large load on our infrastructure deep link to any part of our Site; or (e) “frame”, “mirror” or otherwise incorporate any part of our Site into any other website.

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Deposit:  In order to book a Trip, you will be required to place a deposit on the Indi Horizons Site. Availability and price quotes are applicable to the date and time at which they are requested and cannot be guaranteed until deposit is made. By paying a deposit, you and any travel companions acknowledge that they have voluntarily applied to participate on this Trip and that they have read the description of the Trip as it appears on the website or materials provided to the participant.

Quotes in a foreign currency fluctuate with exchange rates and international payments may carry a foreign transaction fee. Indi Horizons will make every effort to honor the price as originally quoted, however, under certain circumstances additional costs by a supplier or government may be imposed due to an increase in the cost for one or more of the travel components or a significant change in foreign exchange rates. Flight confirmation is subject to availability and prices are subject to change after the date of deposit, including price increases in the fee for a seat assignment, fee for baggage, applicable fuel surcharges, or an increase in a government imposed fee or tax.

Deposits and all remaining payments must be made by major credit card (Visa, MasterCard, or American Express), check or wire payment.  All payments are to be made in U.S. dollars. Payments quoted in foreign currencies will be converted to U.S. dollars at time of deposit and final payment. Prices are subject to change based on foreign exchange rates at time of payment.

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Accuracy of Information:  As booking condition, you must provide the information requested by Indi Horizons. If you fail to supply information required by Indi Horizons, you will also be liable for any applicable costs, fees or losses. In the event that you fail to supply information required by Indi Horizons, Indi Horizons also reserves the right to treat your booking as canceled and levy any cancellation fees deemed reasonable by Indi Horizons in its sole discretion. Indi Horizons may also realize random assignations of roommates at its sole discretion if you fail to timely provide rooming information. The information required by Indi Horizons will vary by Trip and will be communicated to you during the booking process. Indi Horizons will not be held responsible for any fees or additional costs you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.

 

Booking Confirmation:  Your booking is confirmed when you provide full payment and all requested information is provided to Indi Horizons. Please check your confirmation carefully and report any incorrect or incomplete information to Indi Horizons. Please ensure that names are exactly as stated in the relevant passport. Indi Horizons reserves the right in its sole discretion, to accept or deny any booking.

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Publicity Waiver:  You agree that, while participating in any Trip, images, photos, or videos may be taken by other participants, or by Indi Horizons or its representatives that may contain or feature you (“Your Content”). You consent to any such pictures being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to Indi Horizons, its contractors, sub-contractors and assigns, to use, copy, modify, reproduce and otherwise exploit for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sublicensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you. You agree and acknowledge that Indi Horizons is not liable and will not assume responsibility for any claims regarding the use of such images.  You waive any right to inspect or approve any finished product(s) incorporating all or any portion of Your Content.  You hereby waive all rights and release and discharge Indi Horizons from, and shall neither sue nor bring any proceeding against Indi Horizons for, any claim, demand or cause of action based upon, arising from or related to Indi Horizons’s use or exploitation of Your Content, including, without limitation, claims for libel or invasion of right to privacy, publicity or personality. 

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Refunds and Modification

 

Refund Policy: You may cancel your booking of the Trip or any booked activity or tour included in the Trip by notifying Indi Horizons. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Indi Horizons.  Cancellation fees can vary by Trip, so please visit our Site and refer to the trip details section for your Trip to see the applicable cancellation fees.

Refunds shall be provided to your original payment method.  In addition to the above, Indi Horizons will deduct a 6% transaction fee cost from any applicable refund amount.  Any cancellation request or notification must be emailed to: hello@indihorizons.com.  

 

Changes by Indi Horizons:  Indi Horizons reserves the right to cancel or modify a Trip if not enough participants are confirmed for the Trip; the minimum number of participants per Trip may vary and will be established solely by Indi Horizons and published in each Trip’s website. Indi Horizons reserves the right but not the obligation to accept Trips of less than the minimum number of participants per Trip in which case Indi Horizons may at its own discretion modify the Trip (including itinerary, costs, tours and activities) in whichever way it deems reasonable to better fit the number of participants. In the case that a Trip is cancelled by Indi Horizons for not reaching the minimum number of participants you will be refunded the total amount paid to Indi Horizons minus any applicable refund and administrative fees.  Indi Horizons reserves the right to cancel a specific tour or activity if not enough participants are confirmed for such tour. The minimum number of participants per tour or activity will be established by Indi Horizons at its sole discretion. In the case that a tour or activity is cancelled for not reaching the minimum number of participants you may opt to use payment of activity or tour to book another available activity or tour (subject to availability) or request the refund of the total amount paid to Indi Horizons minus any applicable refund and administrative fees. 

Indi Horizons reserves the right to modify your itinerary where reasonably required in its sole discretion. Once a Trip has started, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at Indi Horizons’s discretion.

 

Change by You:  You are responsible for ensuring that your information provided to Indi Horizons is accurate and up-to date. Any modification to a booking depends on availability and is subject to Indi Horizons’s approval, any applicable cost or rate update, and these Terms of Service. Any additional costs or incurred fees for making the change will be charged to you along with an administrative fee, amounts subject to each case.  All modification requests must be emailed to the following email address: hello@indihorizons.com.

 

Your Responsibilities

Travel documents, including passports, visas, and health/vaccination certificates required are your responsibility.

 

Incidental Expenses:  You acknowledge that you must have reasonable financial resources to cover incidental expenses during all Trips with Indi Horizons, whether or not such expenses arise from a change of the itinerary, and Indi Horizons is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise before or during the Trip. Indi Horizons will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary. In addition, you acknowledge that if you don’t show up at the pickup time and location established by Indi Horizons for any booked tour or activity, you will lose such activity and no refund or compensation will apply.

 

Risk of Injury:  By registering for a Trip, you acknowledge that you are aware that travel such as the Trip you are undertaking involves potentially dangerous activities, some in remote areas of the world, with a risk of illness, injury or death which may be caused by forces of nature, illness, or by willful or criminal conduct of third parties or by terrorism. You further acknowledge that weather conditions may be severe, adverse and/or unpleasant and that medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during which you are participating on the Trip and that when available may not be of the quality which exists in the United States.

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Compliance with Laws:  You must at all times strictly comply with all applicable laws and regulations of your destination.  Should you fail to comply with the above or commit any illegal act when on Trip or, if in the opinion of Indi Horizons (acting reasonably), your behavior (including substance and drug abuse), is causing or is likely to cause danger, distress or material annoyance to others, Indi Horizons may terminate your travel arrangements on any Trip immediately at your expense and without any liability on Indi Horizons. Indi Horizons also reserves the right to report any illegal or potentially illegal activity to law enforcement authorities. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, transportation, meals, activities and incidentals. The use, possession, solicitation for, or sale of narcotics or other illegal drugs during the Trip is strictly prohibited. You acknowledge that while Indi Horizons may organize parties and events during the Trip that include alcoholic beverages, Indi Horizons does not in any way encourage alcohol abuse and will not be held liable or responsible for any risk that may arise from alcohol ingestion. You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Indi Horizons for property damage, destruction or theft caused by you while on a Trip. You agree to immediately report any pre-existing damage to a representative of Indi Horizons and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

 

Required Documentation:  Valid passports are absolutely required for all international destinations and the expiration date should be at least 6 months following the return date of your trip. Some countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. When travelling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records.  For the most current information visit the TSA website.

Additionally, a visa and/or vaccinations may be required for travel. Please note that even when a visa is issued, a traveler may be denied entry since each country’s local immigration officials make the final entry decision. Several factors including past criminal record may contribute to the decision of the local immigration official(s). Should a visa not be issued, Indi Horizons is not responsible for lost payments made toward the contemplated trip.

 

Medical Intervention:  In the event you become sufficiently incapacitated as to be unable to direct your own care, you authorize any medical treatment deemed necessary in the event of any injury or illness while participating on the Trip whether or not administered by medical or non-medical personnel. In addition, you certify that you have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.

 

Travel Protection:  Indi Horizons strongly encourages the purchase of travel protection. Trip-cancellation protection is strongly recommended to cover all non-refundable trip expenses. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with the travel arrangements, and you could lose the travel investment and/or have to pay more money to correct the situation.  For example, you may suffer a loss if:  (i) the flight has been cancelled and the hotel and tours are nonrefundable; (ii) you need to cancel the Trip due to illness; (iii) a hurricane, volcano, earthquake or other natural disaster occurs while traveling and you are stranded; (iv) the cruise line, airline, or tour operator files for bankruptcy; (v) a terrorist incident occurs at the destination; (vi) you have a medical emergency in a foreign country and needs medical attention or evacuation; (vii) bags are lost and medication is in them, and you need to have an emergency prescription filled; or (viii) your passport and wallet are stolen, and they need emergency cash and a replacement passport.

 

Third Party Suppliers and Websites

Indi Horizons makes arrangements with accommodation providers, activity providers, airlines, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your Trip. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although Indi Horizons takes all reasonable care in selecting Third Party Suppliers, Indi Horizons is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge Indi Horizons does not warrant that any Third Party Supplier is in compliance with the laws of residence or any other jurisdiction. 

Indi Horizons is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Indi Horizons and its employees.

In addition, The Site may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Indi Horizons has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services.

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Waiver and Assumption of Risk

 

Assumption of Risk:  You acknowledge that the Trip and the products and services offered by Indi Horizons may involve a significant amount of risk to your health and safety. By traveling with Indi Horizons you acknowledge that you have considered any potential risks to your health and safety. You hereby assume responsibility for all such risks and release Indi Horizons and its employees, directors, officers, partners, affiliates and Third Party Suppliers from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in the Trip, visiting foreign destinations and participating in all type of activities.

Standards of quality, hygiene, accommodation, and transport in certain countries where Trips take place are often lower than the standards you may reasonably expect in your home country or region; you agree that Indi Horizons is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Trip, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with the Trip under such conditions.

You agree to take all prudent measures in relation to your own safety while on the Trip. Neither Indi Horizons, its employees, nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused during the Trip. You agree to bring any complaints to Indi Horizons as soon as possible in order to provide Indi Horizons with the opportunity to properly address such complaint, Indi Horizons will try to assess the complaint, in whichever manner it deems reasonable. You acknowledge that complaints brought to Indi Horizons after the Trip will not be addressed in any way and will only be considered as suggestions for future Trips.

You acknowledge and agree that Indi Horizons will not have any liability and will not compensate in any way, for any loss of or damage to any personal property and Indi Horizons will not compensate for any loss or damage to personal property.

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Force Majeure:  Indi Horizons will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property that is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather, significant risks to human health such as the outbreak of serious disease including any mutation or variation of, and the ongoing effects of, COVID-19, or any other cause whatsoever beyond the reasonable control of Indi Horizons or the Third Party Supplier of services, whether or not foreseeable, which would make it dangerous or not viable for a Trip to commence or continue, any and all of which, individually and collectively, constitute “Force Majeure”. Indi Horizons may terminate your travel arrangements on any product or service immediately without any liability on Indi Horizons given any cause considered as “Force Majeure”.

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COVID-19:  The Coronavirus disease 2019 (“COVID-19”) is a known and rapidly evolving pandemic that is affecting travel worldwide, with continued spread and impacts expected.  You are fully aware of the current global COVID-19 virus outbreak, the current travel restrictions, and inherent risks involved if choosing to travel. You are aware that it is your personal decision to travel and is doing so with full knowledge of current travel recommendations and travel restrictions with regards to COVID-19 and take full responsibility for your actions with regards to this. You understand that it is your responsibility to check the latest travel information regarding this virus outbreak with the CDC and with the Department of State, or other governmental website, as applicable.

You are aware and understand that concerns or fear of travel relating to COVID-19 pandemic are not covered reasons for cancellation and will be denied.  The purchase of travel insurance is the responsibility of the traveler. Travel insurance generally covers only unforeseen events. Most insurers classified COVID-19 as a 'known event' as of late January 2020. Please note that most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. You agree to hold Indi Horizons harmless for your election to purchase travel insurance or any denial of claim by travel insurer as it relates to COVID-19 or any other claim under the policy.  You are aware that additional screening procedures and restrictions may take place at airports and in public areas. You are aware that these restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains or other means of transport.  You are aware that immigration restrictions may be put in place before or during your travels that may impede your ability to enter or exit your destination as planned and that you may incur additional costs as a result.

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Intellectual Property Rights

Site Content: You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Indi Horizons, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Site Content, in whole or in part. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited.

           

Trademarks: The Indi Horizons name and logos are trademarks and service marks of Indi Horizons (collectively the “Indi Horizons Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Indi Horizons. Nothing in these Terms of Service or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Indi Horizons Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Indi Horizons Trademarks will inure to our exclusive benefit.

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Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Indi Horizons, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Indi Horizons Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Site, your participation in a Trip, your violation of these Terms of Service, or your violation of any rights of another. Indi Horizons will provide notice to you of any such claim, suit, or proceeding. Indi Horizons reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Indi Horizons’s defense of such matter. You may not settle or compromise any claim against the Indi Horizons Parties without Indi Horizons’s written consent.

 

Disclaimer of Warranties

THE SITE AND YOUR TRIP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INDI HORIZONS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE INDI HORIZONS PARTIES MAKE NO WARRANTY THAT (A) THE SITE OR YOUR TRIP WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

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Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INDI HORIZONS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDI HORIZONS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN NO EVENT WILL THE INDI HORIZONS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID INDI HORIZONS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).  

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.  

 

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

Dispute Resolution By Binding Arbitration

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PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

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a.     Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Indi Horizons, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Site, your Trip, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Indi Horizons are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

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b.     Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND INDI HORIZONS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND INDI HORIZONS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.  

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c.     Pre-Arbitration Dispute Resolution

Indi Horizons is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at hello@indihorizons.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Indi Horizons should be sent to 584 Castro St #2216, San Francisco, CA 94114-2512 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Indi Horizons and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Indi Horizons may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Indi Horizons or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Indi Horizons is entitled.

 

d.     Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. 

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Unless Indi Horizons and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Indi Horizons agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

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e.     Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  To the extent any Arbitration Fees are not specifically allocated to either Indi Horizons or you under the AAA Rules, Indi Horizons and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Indi Horizons will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Indi Horizons will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

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f.      Confidentiality

 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

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g.     Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply. 

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h.     Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Indi Horizons agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending Indi Horizons written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

 

Termination

You agree that Indi Horizons, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site, for any reason, including for lack of use or if Indi Horizons believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities. Indi Horizons may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Indi Horizons may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site.  Further, you agree that Indi Horizons will not be liable to you or any third party for any termination of your access to the Site.

 

General

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Indi Horizons governing your access and use of the Site and your Trip, and supersede any prior agreements between you and Indi Horizons. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Indi Horizons submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, CA.  The failure of Indi Horizons to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Indi Horizons, but Indi Horizons may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site. Indi Horizons will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Indi Horizons’s reasonable control.

 

Notice for California Users

Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Indi Horizons, Inc., 584 Castro St #2216, San Francisco, CA 94114-2512, hello@indihorizons.com.

Questions? Concerns? Suggestions?
Please contact us at hello@indihorizons.com pose any questions regarding these Terms of Service.