Terms and Conditions
Last updated 3/27/18
Thank you for using Experico.com. Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Experico Platform, you agree to comply with and be bound by these Terms of Service. Please note, at this time the Experico Platform is available only to residents of the United States and supports transactions in US Dollars.
Table of Contents:
Scope of Services
Eligibility, Use and Member Verification
Account Creation / Registration
Host Merchant Agreement
Registration modifications, Cancellations and Refund Policy
Ratings and Reviews
Term and Termination, Suspension and other Measures
Limitation of liability
Dispute Resolution and Arbitration Agreement
Modification of terms
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Experico (as defined below) governing your access to and use of the Experico website, including any subdomains thereof, and any other sites through which Experico makes the Experico Services available Experico’s websites and domains, including www.Experico.com, and all of the webpages, subdomains, and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us via any connected media channel (including our mobile interfaces) (collectively, the “Applications”), and all associated services offered, maintained and provided by Experico (collectively, "Experico Services" or “Services”). The Site, Application and Experico Services together are hereinafter collectively referred to as the “Experico Platform”.
Within these terms all references to “Experico,” “we,” “us,” or “our,” refer to the Experico Platform and the Experico Services in their entirety.
You agree to these Terms of Service and you enter into a binding contract with Experico either when you sign up for an account by clicking “Sign Up,” “Create account,” “Register Now,” “Get Started” or similar buttons, or when you purchase a ticket to or register for an Experience (including free Experiences) by clicking “Pay Now,” “Register Now,” “Sign up,” “Buy Now” or similar buttons. By using, accessing or browsing any part of the Services, you agree to these Terms of Service and you enter into a binding contract with Experico. If you do not agree to any portion of these Terms of Service, do not use or access the Services.
Through the Services, Experico provides means for registered users who are instructors, teachers, group leaders, organizations (“Hosts”) to create a Host profile, create classes, events, lessons, tours, etc (“Experiences”), to promote their pages, posts and Experiences to visitors or browsers on the Services with ongoing communication, posts, forum discussions and lessons (collectively “Host Offerings”) through Experico’s tools, and to accept payment and registration (or issue free registrations) for those Experiences to users who wish to register for such Experiences (including free Experiences) (“Attendees”). We refer to Hosts, Attendees and other visitors and browsers of the Services collectively as “Members,” “Users” or “you.” If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.
All Users are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their use of the Experico Services. Hosts are responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Offerings they create. Certain types of Host Offerings may be prohibited altogether. Penalties may include fines or other enforcement. All users are responsible for identifying and complying with local, state and federal laws in all activities related to use of the Experico Services whether a Host, an Attendee or a general User.
2. Scope of Services
The Experico Platform is an online marketplace that enables registered Users to offer in-person and online teaching experiences as Hosts to and publish such Experiences on the Experico Platform in order to communicate and transact directly with Attendees that are seeking to register for such Experiences. Said communication may take place through Users’ profiles, the Site’s news feed, Hosts’ online forums, Experico’s teaching tools, and the registration / payment process as well as internal and external messaging generated by the Site. Experiences provided by Hosts may include single or multi-day activities in various categories and venues and /or online communication and teaching.
As the provider of the Experico Platform, Experico does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Experiences or Host Offerings. Hosts alone are responsible for their Experiences and Host Offerings. When Members offer or register for an Experience, they are entering into a contract directly with each other. Experico is not and does not become a party to or other participant in any contractual relationship between Members. Experico is not acting as an agent in any capacity for any Member.
Experico has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Experiences or Host Offerings, (ii) the truth or accuracy of any Experience descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Experico does not endorse any Member, Experience or Host Offerings. Any references to a Member being "verified" (or similar language) only indicates that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Experico about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether participate in an Experience or use other Host Offerings or communicate and interact with other Members, whether online or in person. Promotional materials, banners, headers, videos, slideshows, sponsored listing, paid listings and similar, including those that contain content from our Members, are likewise not an endorsement of any particular host, Experience or listing.
To promote the Experico Platform and to increase the exposure of Experiences, Member Content may be displayed throughout the Site, on other websites, in applications, within emails, and in online and offline advertisements. Depiction of Member profiles, Experiences, images and descriptions etc in this manner does not constitute an endorsement of that Member. Experiences and other Member Content may be translated, in whole or in part, into other languages. Experico cannot guarantee the accuracy or quality of such translations.
If you choose to use the Experico Platform as a Host your relationship with Experico is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Experico for any reason. In this relationship, you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Experico.
The Experico Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Experico is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Experico of such Third-Party Services.
As a provider of an online based service, Experico cannot guarantee the continuous and uninterrupted availability and accessibility of the Experico Platform. Experico may restrict the availability of the Experico Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Experico Platform. Experico may improve, enhance and modify the Experico Platform and introduce new Experico Services from time to time.
3. Eligibility, Use, and Member Verification
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Experico Platform, make purchases on Experico, list an Experience as a Host, or register for an Experico Account. You must be 13 years old or older to participate in online learning via an account belonging to a parent or guardian. Experiences may be listed as suitable for any age group and children may attend in-person experiences designated as such. Parents of minors engaged in in-person experiences and / or online learning are solely responsible for said minor’s conduct, interactions, and safety and for ensuring that activities in which they are engaged are appropriate and suitable. Experico makes no claim or warranty regarding the suitability of any particular Experience for a certain age group.
By accessing or using the Experico Platform you represent and warrant that you are 18 or older (or, for online learning, 13 with parental oversight) and have the legal capacity and authority to enter into a contract. Experico may make the access to and use of the Experico Platform, or certain areas or features of the Experico Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, and / or paid content.
Experico does not assume any responsibility for the confirmation of any Member’s identity or background history.
4. Account Creation / Registration
You must create an account ("Experico Account") to access and use certain features of the Experico Platform, such as publishing or registering an Experience and viewing invitation-only experiences. If you are registering an Experico Account on behalf of a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You must provide accurate, current and complete information during the registration process and keep your Experico Account and public Experico Account profile page information up-to-date at all times.
You may not register more than one (1) Experico Account unless Experico authorizes you to do so. You may not assign or otherwise transfer your Experico Account to another party.
You are responsible for maintaining the confidentiality and security of your Experico Account credentials and may not disclose your credentials to any third party. You must immediately notify Experico if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Experico Account. You are liable for any and all activities conducted through your Experico Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Experico, at its sole discretion, allows Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or proprietary course materials and other materials and information on or through the Experico Platform ("Member Content"); and (ii) access and view Member Content and any content that Experico itself makes available on or through the Experico Platform, including proprietary Experico content and any content licensed or authorized for use by or through Experico from a third party ("Experico Content" and together with Member Content, "Collective Content").
The Experico Platform, Experico Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States. You acknowledge and agree that the Experico Platform and Experico Content, including all associated intellectual property rights, are the exclusive property of Experico and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Experico Platform, Experico Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Experico used on or in connection with the Experico Platform and Experico Content are trademarks or registered trademarks of Experico in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Experico Platform, Experico Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Experico Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Experico or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Experico grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Experico Platform and accessible to you, solely for your personal and non-commercial use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Experico Platform, you grant to Experico a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Experico Platform, in any media or platform. Unless you provide specific consent, Experico does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content. You acknowledge and agree that Experico shall have the right to use said Member Content in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Experience or otherwise, without further notice or compensation to you.
You are solely responsible for all Member Content that you make available on or through the Experico Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Experico Platform or you have all rights, licenses, consents and releases that are necessary to grant to Experico the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Experico's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances. Experico may, without prior notice, remove or disable access to any Member Content that Experico finds to be in violation of these Terms or otherwise may be harmful or objectionable to Experico, its Members, third parties, or property.
Experico respects copyright law and expects its Members to do the same. If you believe that any content on the Experico Platform infringes copyrights you own, please notify us.
6. Service Fees
Experico may charge fees to Hosts ("Host Fees") and/or Attendees ("Attendee Fees") (collectively, "Service Fees") in consideration for the use of the Experico Platform.
Any applicable Service Fees will be displayed to a Host or Attendee prior to registering for an Experience. Experico reserves the right to change the Service Fees at any time, and we will provide Members with adequate notice of any fee changes before they become effective.
You are responsible for paying any Service Fees that you owe to Experico. The applicable Service Fees are due and payable and collected by Experico. Except as otherwise noted, Service Fees are non-refundable.
7. Host Terms
When creating a Experience through the Experico Platform you must (i) provide complete and accurate information about your Experience (such as description, location, and calendar availability), (ii) disclose any regulations, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and anything else they may need to know to safely and successfully participate in the Experience (including dress code, equipment, certifications or licenses). (iii) You must, where applicable, fully educate and inform Attendees about any risks inherent to the Experience (iv) provide any other pertinent information requested by Experico. You are responsible for keeping your Experience information up-to-date at all times.
Experico reserves the right to decide, in its sole discretion, if an Experience or other Host Offering meets the criteria of the Experico Platform.
You are solely responsible for setting a price (including covering any Taxes if applicable) for your Experience (“Experience Price”). Once an attendee books your Experience, you may not request that the Attendee pays a higher price or change the price in any way.
Upon registration of an Attendee to your posted Experience, you agree to unconditionally accept, honor and fulfill all commitments (ticketing, registration, merchandise and donation and otherwise) that are applicable to the experience
Any terms and conditions included in your Experience, in particular, but not solely, in relation to cancellations and refunds, must not conflict with these Terms and Conditions. You are responsible for outlining all terms and conditions applicable to your Experience in the section entitled “Additional Policies and Procedures.”
When an Attendee registers for your Experience, you are entering into a legally binding agreement with the Attendee and are required to provide your Host Offerings to the Attendee as described in your Experience when the registration is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
Hosts will earn the set ticket price of their posted Experience, less Experico’s Host fees. During the Beta period the host fees will by 2.90% to cover credit card charges at (below cost to us). After the Beta Period ending on or about July 1, 2018 the Host fee will be 7%. This includes credit card processing and Experico’s platform fees. Experico reserves the right to change these fees without notice.
Hosts will receive payment for successfully completed Experiences approximately four (4) days after the end date of the experience. At this time the funds will become available in your Experico account and you will be able to initiate transfer to your bank account. You are solely responsible for initiating transfer of funds from your Experico account to your bank account - this transfer will not happen automatically. Experico reserves the right to hold funds indefinitely if there is any indication - whether through other users’ testimony, customer service communications, ratings and reviews, or other sources - that the Experience did not take place as stated or was not successfully completed. There will be no payout for cancelled Experiences. Experico reserves the right to terminate your account if you have hosted, in our determination, an unreasonable number of cancelled or incomplete Experiences.
Pictures, animations or videos (collectively, "Images") used in your Experiences must accurately reflect the quality and condition of your Host Offerings. Experico reserves the right to require that Experiences have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Experiences in search results on the Experico Platform may vary and depend on a variety of factors at Experico’s sole discretion and cannot be guaranteed. Our goal is to match the best Experiences and Attendees best suited for each other. Experico reserves the right to change the criteria and order by which search results and Experiences are displayed without notice and without disclosure of methodology.
You are responsible for monitoring content in any forums, lessons and discussions associated with your Experiences. Experico reserves the right to remove any content that does not adhere to these terms.
Experico recommends that Hosts obtain appropriate insurance for their Host Offerings and Experiences. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Attendees while participating in your Experiences or other Host Offerings.
You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s).
Please review the Host Merchant Agreement below for additional Terms and Conditions applicable and binding to all Hosts and Users of the Experico Platform.
8. Host Merchant Agreement
The Host Merchant Agreement sets forth the terms upon which you may use the Services to collect sales proceeds from (a) the sale of tickets, registrations, or other items.
Prior to creating a paid Experience and accepting credit card payments through the Experico Platform, you will be required to provide additional information (beyond the information required to register for the Experico Platform) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Merchant Setup Data”). As an example, the Additional Registration Data may include a current address, doing business as (DBA) names, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or driver’s license number, country of origin. Copies of government identification documents and other personal information may be required. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. This information will be collected on a one-time basis before you may accept payment for an Experience through the platform or receive payout for that Experience. The information will be securely shared with and validated by our third-party payment processor and approved or disapproved based on their terms and additional information may be requested as needed.
You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times. Experico reserves the right to suspend your Experico account or to withhold any amounts due to you in the event that we reasonably believe that your Merchant Setup Data is inaccurate or if you fail to provide said data.
Experico does not provide, nor does our holding of funds on your behalf imply, deposit taking, stored value, insurance, interest or any other financial services. Your Transactions page on Experico shows you a balance of proceeds for your Experiences in your Experico account. This balance merely reflects the amount of Experience Registration Fees collected through the site via our Payment Processing Partner, less Host Fees, and represents a general unsecured claim against Experico and not a store of value or a deposit/current account. Disbursement of the amount in this account is subject to adjustment in accordance with the both Experico’s refund policy and the refund policy you set for your Host Offering, and to successful completion of the Experience for which the funds were collected in accordance with these Terms and Conditions.
Within five (5) business days after the successful completion of an event, barring any disputes or conflicts related to the successful completion of the Experience; Experico will cause, via our Payment Processing Partners, to become available in your account, subject to (i) deduction of all applicable Fees; (ii) our right of setoff against any debts or other amounts owed to us under this Merchant Agreement; The final payout must be initiated by you from the Site by clicking Initiate Payout or similar button in your account. Payouts are primarily made by ACH, in USD only.
You agree that we may rely solely on the bank account number you provide to us as the proper identification of your bank account, even if the bank account number identifies a different account from your account. You also agree to reimburse us for any losses or expenses we incur as a result of our reliance on any bank account number you provide to us.
You agree that we may, in our sole discretion, without notice to you, setoff against your account reserve, any Experience Registration Fees you receive, or both, if you have disputed refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in your credit profile or the underlying event(s)’ risk profile, fraudulent conduct by you or anyone acting on your behalf, or breaches of the Terms of Service, including this Merchant Agreement. We may exercise such setoff rights before we make any payout to you. We are not liable to you for any claims resulting from our decision to exercise our setoff rights. No payments shall be made to a Host with respect to any event that is cancelled or with respect to which Experico believes there is a risk of cancellation or nonperformance.
Any credit card chargebacks or other transaction reversals initiated against Experico or its affiliates for any reason (except to the extent they are caused solely by Experico’s negligence or willful misconduct) with respect to an Host’s Experience and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Experico or its affiliates in connection with such chargebacks shall ultimately be the responsibility of Host, and Host agrees to promptly and fully reimburse Experico for such amounts on demand. Experico will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Host and Host hereby authorizes Experico to do so and agrees to use reasonable efforts to cooperate with Experico in such re-presentment, with no obligation on our part or limitation on collection of funds from you upon failure to do so.
9. Attendee Terms
Subject to meeting any requirements (such as completing any verification processes) set by the Host, you may book a Experience on the Experico Platform by following the registration process. All applicable fees, including the Experience Price, Attendee Service Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to registering for a Experience. You agree to pay the Total Fees at the time of registration .
Attendee fees during the Beta period will be 0%. At the end of the Beta period, on or about July 1, 2018, the Attendee fees will be 2%. Experico reserves the right to change these fees without notice.
Upon receipt of a registration confirmation from Experico, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation and refund policy and any rules and restrictions specified in the Experience.
If you book an Experience on behalf of additional Attendees, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are registering for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience or other Host Offering if overseen by an adult who is fully responsible for them.
If registering more than one attendee you will be required to provide the name and email address of each attendee. This will provide access for these attendees to the Experience Hub where they will be able to participate in forums, lessons and discussions related to this Experience. Each registered Attendee is responsible the content that they add to said Forums and Lessons and for ensuring that said content is in compliance with these terms. If you are registering a minor (13 to 17) for an experience, that person may use the Platform through your account only. You are responsible for monitoring the content said of a minor using your account and for monitoring any Member Content said Attendee adds to said Forums and Lessons and ensuring that it is consistent with these terms.
You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional Attendees you are registering for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Experience. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
You may not bring any additional, unregistered, individuals to an Experience, Event or other Host Service. All attendees must be registered via the registration process on the Experico Platform.
Please view our Merchant, Payment and Refund terms for more information about these terms and conditions
10. Registration Modifications, Cancellations and Refund Policy
Host agrees to communicate a refund policy to Attendees with respect to each Experience posted on the Services and adhere to the Refund Policy. When creating an Experience on the Platform, the Host chooses whether the Experience will be refundable and, if so, until what date. This information automatically generated and published to the Experience page and cannot be changed once an Attendee has registered for an Experience. No-refund policies are permitted and will be displayed on the Experience page created by the Host. The host is obligated to add any other relevant information regarding their policies to the Additional Policies section of their experience description.
All Host-allowed refunds will be processed automatically through the Platform in accordance with the host’s selected refund policy upon Attendee request. Refunded amount will be the amount paid, less Attendee Service Fees. Approved refunds will typically take 3-5 days to process. No refunds will be processed for non-refundable events or after the refundable-by date.
In order to initiate a refund request, an Attendee should go to the Experience Hub for that Experience and initiate the Refund through the Admin tab. Attendees may only request a refund for an Experience they purchased themselves through their own account. If another User purchased and Experience for you, the refund will be made through their account. If the Experience is non-refundable or the refund-by date has passed, the Refund button will not be available in the Admin area.
In certain cases, at the sole discretion of Experico, refunds may be manually processed. Experico may determine, based on circumstances whether to process manual refunds on a case by case basis in accordance with this Refund Policy. Experico offers no guarantee of refund by this method and will review individual cases for extenuating circumstances or situations in violation of these Terms before making a decision or refund in this manner.
In the event of a full or partial manual refund taking place after payout has been made to the Host (in accordance with our determination of fraudulent behavior not in compliance with these Terms), the Host agrees to remit sufficient funds to cover said refunds back to Experico within five (5) business days so that refunds can be processed by Experico on the Host’s behalf
Hosts and Attendees agree that no refunds shall be made outside of the Experico platform (e.g. offline, in person or through other payment apps or sites)
All disputes regarding refunds are between Host and its Attendees. In the event of a dispute, Experico may try to mediate, but ultimately it is Host’s obligation to settle the dispute.
Experico shall have the right to make refunds on Host’s behalf without limitation, including to non-refundable Experiences, in cases where Experico believes, with its sole discretion that the Host has failed to comply with these Terms and Conditions.
Attendees who have cancelled a Registration (paid or free) and / or received a Refund will no longer have access to the sections of the Experience Hub which are intended for Registered Attendees. These sections include but are not limited to the Classroom, Forums, and Student list.
If a Host cancels an Experience after a confirmed registration is made, the Attendee will receive a full refund of the Total Fees for such registration and Experico may publish an automated review on the Experience cancelled by the Host indicating that an experience was cancelled.
If inclement weather creates an unsafe or uncomfortable scenario for Attendees, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Experico will work with the Host to provide Attendees an alternative date for the Host Service, or an appropriate refund.
In certain circumstances, Experico may decide, in its sole discretion, that it is necessary to cancel a confirmed registration and make appropriate refund and payout decisions.
This Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Attendee. These Refund Policy Requirements are not intended to be and do not constitute an offer to insure the performance of or to guarantee the performance of any Host and are not a guarantee that refunds will be issued in any given situation.
11. Cancellation Policy
Host agrees to notify Attendees of the event cancellation as soon as reasonably possible and prior to the event start time. Host agrees to provide clear instructions and contact information to Attendees. In the case of a Host cancelled Experience, refunded amount will equal the total amount paid.
Host acknowledges that Experico reserves the right to charge the Host for the cost of chargebacks related to the cancelled event in accordance with the Merchant Agreement.
If the Host cancels only part of a multi-day event, then Host agrees to refund a pro-rata monetary value portion of the purchase price of a multi-day ticket based on the corresponding monetary value of the portion of the multi-day event that was cancelled.
12. Ratings and Reviews
Within a certain time frame after completing an Experience, Attendees can leave a public review (“Review”) and submit a star rating (“Rating”) about their experience. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Experico. Ratings and Reviews are not verified by Experico for accuracy and may be incorrect or misleading.
Ratings and Reviews must be fair, truthful and factual and may not contain any offensive or defamatory language.
Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Experience Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") may require Taxes to be collected from Attendees or Hosts on Experience Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Experience Fees set by Hosts. Experico assumes no obligation in the remittance of taxes on Experience Fees collected by you.
14. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Experico Platform. In connection with your use of the Experico Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
use the Experico Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Experico endorsement, partnership or otherwise misleads others as to your affiliation with Experico;
copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Experico Platform in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Experico Platform in connection with the distribution of unsolicited commercial messages ("spam");
unless Experico explicitly permits otherwise, register for any Experience if you will not actually be using the Host Offerings yourself;
contact another Member for any purpose other than asking a question related to a your own registration, Experience, or the Member's use of the Experico Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Experico Platform to request, make or accept a registration independent of the Experico Platform, to circumvent any Service Fees or for any other reason;
request, accept or make any payment for Experience Fees outside of the Experico Platform or Experico Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Experico harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
use, display, mirror or frame the Experico Platform or Collective Content, or any individual element within the Experico Platform, Experico's name, any Experico trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Experico Platform, without Experico's express written consent;
dilute, tarnish or otherwise harm the Experico brand in any way, including through unauthorized use of Collective Content, registering and/or using Experico or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Experico domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Experico Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Experico or any of Experico's providers or any other third party to protect the Experico Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Experico Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Experico Platform;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Experico has no obligation to monitor the access to or use of the Experico Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Experico Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Experico in good faith, and to provide Experico with such information and take such actions as may be reasonably requested by Experico with respect to any investigation undertaken by Experico or a representative of Experico regarding the use or abuse of the Experico Platform.
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Experico by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. Reports can be made through the contact page on the site or by writing to us at the addresses at the end of this document.
When you interact with the Experico Platform we may collect data used to identify our users “Personal Data” as well as general information about activity on our Platform that cannot be used to identify a specific individual (“Non Personal Data”) We care about our users’ privacy, please see specific information on how we collect, store and use Personal Data below. In general, our use of Personal and Non Personal Data is intended to provide you and all of our Users with the best experience possible on our Platform.
Information we collect:
Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you register for access to the Services, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address and other information that enables Users to be personally identified.
Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Services (“Automatic Data”). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Services, information about how you came to the Services and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies.
Merchant account data: Payments, bank account, merchant account, and credit card information are collected but not stored by Experico. This information is tokenized and securely sent to our Payments Processor, Splash Payments. This information is securely stored by Splash Payments and recalled though our interface when needed (i.e. bank account information for payouts, saved credit cards for payments) You may request deletion of your information at any time by writing to us at the address in the contact section below.
Experico uses the data we collect for specific purposes within the web site including but not limited to the following:
Creation of your personal pages within the site
Granting you access to different areas of the Site based on your site usage and payments
Communications between Experico and you and between you and other Users
Understanding our users’ behavior on an individual or aggregate basis to help us to improve the content and functionality of the Platform
Helping us to identify behavior not in accordance with these Terms.
To provide customer service.
Marketing and advertising, i.e. showing you Experiences, posts and additional Services that might be of interest to you when in accordance with your communication preferences.
Emails from Experico, from Hosts and /or from other Users when in accordance with your communication preferences.
We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, for instance to our Service Providers such as our Payment Service Provider and any parent, partner, or subsidiary relationship that might arise in the future.
We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.
We may retain your Personal Data as long as you are registered to use the Services. You may close your account by contacting us. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
Where it is in accordance with your marketing preferences, Experico may send you electronic communications marketing or advertising the Services themselves or events on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services. You can also “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication. In addition, you may also manage your email preferences at any time by logging in (or signing up and then logging in), clicking on “Settings” and then “Notifications
Hosts may use our email tools to send electronic communications to those on their email subscription lists, including Attendees who have registered for their events on the Services in the past. Although these electronic communications are sent through our system, Experico does not determine the content or the recipients of these electronic communications. Hosts are required to use our email tools only in accordance with all applicable laws. Experico provides an “Unsubscribe” link on each of these emails, which allows recipients to “opt out” of electronic communications from the particular Host.
If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.
Certain electronic communications from Experico are responsive to your requests. For instance, if you are an Attendee, we must email you your ticket or registration when you purchase such ticket or registration. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these emails.
16. Term and Termination, Suspension and other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Experico terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email. If you cancel your Experico Account as a Host, any confirmed registration(s) will be automatically cancelled and your Attendees will receive a full refund. If you cancel your Experico Account as an Attendee, any confirmed registration(s) will be refunded in accordance with the Experience’s cancellation policy.
Experico may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms (ii) you have violated applicable laws, regulations or third party rights, or (iii) Experico believes in good faith that such action is reasonably necessary to protect the personal safety or property of Experico, its Members, or third parties (for example in the case of fraudulent behavior of a Member) (iv) your misuse or abuse of the Services; or (v) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Experico to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Experico shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.
In addition, Experico may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Experico Account registration, Experience process or thereafter, (iv) you and/or your Experiences or Host Offerings at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Experico otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed registrations or (vii) Experico believes in good faith that such action is reasonably necessary to protect the personal safety or property of Experico, its Members, or third parties, or to prevent fraud or other illegal activity:
refuse to surface, delete or delay any Experiences, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed registrations;
limit your access to or use of the Experico Platform;
temporarily or permanently revoke any special status associated with your Experico Account; or
temporarily or in case of severe or repeated offenses permanently suspend your Experico Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Experico and an opportunity to resolve the issue to Experico's reasonable satisfaction.
If we take any of the measures described above (i) we may refund your Attendees in full for any and all confirmed registrations that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed registrations that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your Experico Account or any of your Member Content. If your access to or use of the Experico Platform has been limited or your Experico Account has been suspended or this Agreement has been terminated by us, you may not register a new Experico Account or access and use the Experico Platform through an Experico Account of another Member.
All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
If you choose to use the Experico Platform or Collective Content, you do so voluntarily and at your sole risk. The Experico Platform and Collective Content is provided “as is” and “as available” basis, without warranty of any kind, either express or implied. Experico hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non infringement and fitness for a particular purpose. Further, Experico makes no warranty that (A) the services or any portion of the services will meet your requirements or expectations; (B) the services will be uninterrupted (C) the results that may be obtained from the use of the services will be accurate or reliable. You acknowledge that Experico has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users’ (including Attendees’ and other non-Hosts) content or listings or the ability of any user (including Attendees and Hosts) to perform or actually complete a transaction. Experico is not affiliated with, and has no agency or employment relationship with any third party service provider used in conjunction with the Services. Experico has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third parties. Nothing in these terms of service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
18. Limitation of Liability
You agree that you have had whatever opportunity you deem necessary to investigate the Experico Services, laws, rules, or regulations that may be applicable to your Experiences and/or Host Offerings you are receiving and that you are not relying upon any statement of law or fact made by Experico relating to a Experience.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events or other Host Offerings may carry inherent risk, and by participating in those Host Offerings, you choose to assume those risks voluntarily. For example, some Host Offerings may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Offerings. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Experico from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Experico Platform and Collective Content, your publishing or registering for any Experience via the Experico Platform, participation in any Experience or Event or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither Experico nor any other party involved in creating, producing, or delivering the Experico Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Experico Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Experico Platform, or (iv) from your publishing or registration of a Experience, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Experico has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Experico’s aggregate liability arising out of or in connection with these Terms and your use of the Experico Platform including, but not limited to, from your publishing or registering for any Experiences via the Experico Platform, or from the use of or inability to use the Experico Platform or Collective Content and in connection with any Accommodation, Experiences, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for Registrations via the Experico Platform as an attendee in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Experico to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Experico and you.
You agree to release, indemnify, and hold Experico and its affiliates and subsidiaries, and their officers, directors, employees and agents, co-branders, licensors, payment processing partners, other partners and employees harmless from and against any claims, liabilities, damages (whether direct, indirect, incidental, consequential or otherwise), losses, and expenses (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Experico Platform or any Experico Services, (iii) your interaction with any Member, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, participation or use, (iv) Experico’s Collection and remittance of taxes, or (v) your breach of any laws, regulations or third party rights.
Experico provides a marketplace in which Attendees and Hosts can transact. However, Experico could not function if it were held responsible for the actions or inactions of different Attendees, Hosts and/or third parties both on and off the Services. Therefore, as an inducement to Experico permitting you to access and use the Services, you hereby agree to release Experico, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services.
21. Dispute Resolution and Arbitration Agreement
Any dispute or claim under these Terms of Service or with respect to the services will be settled by binding arbitration or in small claims court (to the extent the claim qualifies) and will take place on an individual basis only; class, consolidated or representative arbitrations and civil actions are not permitted once this section is effective.
You agree that if you have a question or concern about the Services you will contact us directly before taking any other action and you agree to a 30 day informal review period during which time we will do our best to address your concern and settle the matter.
In the unlikely event that our team is unable to resolve your concerns, we each hereby agree to resolve any and all disputes or claims with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding.
This agreement to arbitrate includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms of Service and/or your use of the Services.
You and Experico agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims, may not preside over any form of class, consolidated or representative proceeding and may only provide relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”) which must be sent by certified mail. The Notice to you must be addressed to a mailing, home or payment address currently on record with Experico and must be sent by certified mail. If Experico has no records of such physical address, such notice may be delivered to your Experico account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Experico and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Experico may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), and will be administered by the AAA and settled by a single arbitrator.
Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Experico and the value of the relief sought is ten thousand dollars ($10,000) or less, then Experico will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then Experico will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Experico for all such cost and expenses that Experico paid and that you would have been obligated to pay under the AAA rules. You agree to make such payment within 30 days of decision.
Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator shall award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use). The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
These Terms will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in Hackensack, New Jersey.
This arbitration provision shall survive termination of these Terms of Service.
22. General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Experico and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Experico and you in relation to the access to and use of the Experico Platform.
No joint venture, partnership, employment, or agency relationship exists between you and Experico as a result of this Agreement or your use of the Experico Platform. No independent contractor, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Service.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Experico’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Experico's prior written consent. Experico may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Experico via email, Experico Platform notification, or messaging service the date of receipt will be deemed the date on which Experico transmits the notice.
23. Modification of these Terms
Experico reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the Experico website with a change to the "Updated” date at the top of these Terms of Service. In certain circumstances Experico may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective thirty (30) days following the "Updated” date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written Ticketing Services Agreement or written Addendum Agreement, signed by you and an authorized officer of Experico.
24. Contact information
If you have any questions about these Terms or need additional support, you may write to us through our Contact Us page, email us at email@example.com
or write to us at:
PO Box 1332
Ridgewood, NJ 07450
Attn: Customer Support