Welcome to www.prolificadventures.com.  A web site with related services (collectively the “Services”) maintained by Prolific Adventures, LLC (“Prolific Adventures” or “we”).  These Terms and Conditions (the “Terms and Conditions”) constitute a binding agreement between Prolific Adventures and the users viewing or using the Services (“you”, “user” or “participant”). 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  ALL USERS AND PARTICIPANTS MUST AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICES. 

Relationship:  Prolific Adventures offers Fundraising Adventure Trips (each an “Adventure”) as an opportunity for individuals to engage in outdoor and adventure activities at various locations around the world, while raising funds for worthy charitable causes.  Prolific Adventures contracts with individuals or organizations that are independent contractors (not employees or agents of Prolific Adventures) to conduct these Fundraising Adventure Trips (the “Adventure Organizers”).  

Specific Adventure Terms and Conditions:  Each Adventure may be subject to additional terms and conditions, notices and other requirements from Prolific Adventures or from the Adventure Organizers or other third parties. You agree to read, accept and comply with all such additional terms and such additional terms are incorporated into these Terms and Conditions. Prolific Adventures encourages you to read all such additional terms and not to participate in an Adventure if you do not agree with those terms. 

Adventure Organizer Liability:  Although Prolific Adventures makes reasonable efforts to locate responsible Adventure Organizers, Prolific Adventures does not and cannot oversee, supervise or control the Adventure Organizers. Therefore, by using the Services, you expressly adknowledge and agree that Prolific Adventures shall not be liable for, and you release Prolific Adventures from all claims relating to, any acts or omissions of any Adventure Organizers. Any tips and suggestions regarding an Adventure or local conditions, customs or services, are merely provided for your convenience and should not be relied upon exclusively by users.  

Payments:  Prolific Adventures works with Paypal for payment of the Adventures. After a participant's application for an Adventure is submitted and accepted by Prolific Adventures, Paypal will send an email to the participant, requesting the participant to pay in full by setting up a free Paypal account and submitting payment.  Prolific Adventures does not guarantee that any application for an Adventure will be accepted by Prolific Adventures.  All applications are on a first come first serve basis, and are subject to availability, Adventure Organizers and other matters beyond Prolific Adventure’s reasonable control.  Adventures do not include airfare or other costs associated with getting to the Adventure location.  See the specific terms and conditions for the Adventure chosen for other restrictions. 

Cancellation:  Cancellations can only be made in writing by sending a notice to Prolific Adventures at the following email address: info@prolificadventures.com. Each Adventure has a specific cancellation and refund policy. See the specific terms and conditions for the Adventure chosen for other restrictions.

Acknowledgment and Assumption of Risks:  Adventures may take place in a variety of locations around the world both inside and outside of the United States. Adventure activities, which may be scheduled or unscheduled, mandatory or optional and supervised or unsupervised are conducted by Adventure Organizers and other third parties, and may include, but are not limited to, hiking, camping, rafting, kayaking, technical rock climbing, cycling, running, swimming, skiing, snowboarding, wildlife and nature observation, horseback or other animal riding or packing and transportation or travel to and from activities.  Many activities will be in the wilderness in uncontrolled environments and far from traditional emergency services.  Hazards can be caused any number of conditions, things or events, including but not limited to, by weather, terrain, animals, equipment, food, water, other participants or other third parties.  You acknowledge that participating in these activities involves inherent physical and other risks, hazards and dangers that can cause or lead to injury, damage, death or other loss to participants or others. You should not engage in any of these activities unless you are physically and mentally able to do so and otherwise possess the necessary skills for the activity. Consult your doctor before engagin in any activity if you are unsure that you physically able to do so.

BY PARTICIPATING IN ANY ADVENTURE, YOU WARRANT AND REPRESENT THAT YOU ARE OR WILL BECOME, PRIOR TO YOUR PARTICIPATION, FULLY FAMILIAR WITH EACH OF THE ACTIVITIES THAT YOU MAY PARTICIPATE IN AND ACKNOWLEDGE COMPLETE UNDERSTANDING OF THE RISKS INVOLVED IN PERFORMING SUCH ACTIVITIES, INCLUDING THE RISK OF SERIOUS PHYSICAL INJURY AND/OR PROPERTY DAMAGE.  IN VIEW OF THE FOREGOING, YOU HEREBY ACCEPT ALL RISKS ATTENDANT TO YOUR PARTICIPATION IN ANY OF SUCH ACTIVITIES AND AGREE TO RELEASE AND HOLD PROLIFIC ADVENTURES HARMLESS FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND IN CONNECTION WITH YOUR PARTICIPATION IN ANY OF SUCH ACTIVITIES. 

Unauthorized Use:  You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on this web site.  You may not take any action to interfere with, or disrupt, the web site or any other user's use of the web site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the web site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions.  You may not frame portions of the web site within another web site or establish links from any other web site to any page of the web site other than the home page.  You may not resell use of, or access to, the web site  or the Services to any third party without our prior written consent.   

Proprietary Rights: Prolific Adventures is the exclusive owner of, or is authorized to use or provide access to, all parts of the Service, including all photographs, text, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein.  You may use such materials solely for your own personal use in considering to participate in an Adventure.  Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service.  All rights not granted under these Terms and Conditions are reserved by Prolific Adventures.  

Privacy: Prolific Adventures takes the privacy of you and your information very seriously. Please read our Privacy Policy to further understand how we collect and use information.   

Links:  This web site may contain links to other web sites not maintained by Prolific Adventures. Other web sites may also reference or link to our site. We encourage you to be aware when you leave our web site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.   

No Warranties:  While Prolific Adventures uses reasonable efforts to include up-to-date information on the Service, Prolific Adventures makes no warranties or representations as to its accuracy or completeness. Prolific Adventures assumes no liability or responsibility for any errors or omissions in the content on the Service. Your use of the Service is at your own risk. THE SERVICE IS PROVIDED "AS IS" AND PROLIFIC ADVENTURES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROLIFIC ADVENTURES DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PROLIFIC ADVENTURES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   IN NO EVENT SHALL PROLIFIC ADVENTURES’ LIABILITY FOR DIRECT DAMAGES CAUSED BY PROLIFIC ADVENTURES EXCEED THE AMOUNT OF MONEY PAID BY YOU TO PROLIFIC ADVENTURES FOR THE SPECIFIC ADVENTURE UNDER WHICH SUCH CLAIM AROSE.  

Changes:  All information posted on the Service is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the web site.  You should check the Service for such changes frequently.  Your continued access of the Service after such changes conclusively demonstrates your acceptance of those changes.  Notwithstanding the foregoing, Prolific Adventures will not change the terms of your confirmed Adventure without a good faith need to do so and prior notice to you of any material changes.  

Indemnification:  You agree to indemnify, defend and hold harmless Prolific Adventures, its employees, directors, officers, agents, business partners, affiliates, contractors, and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law or any claims in connection with your participation or planned participation in an Adventure.  

Severability.  If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.  

Waiver:  The failure of Prolific Adventures to partially or fully exercise any rights or the waiver of Prolific Adventures of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by Prolific Adventures or be deemed a waiver by Prolific Adventures of any subsequent breach by you of the same or any other term of these Terms and Conditions.   

International Access:  Our Service is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Service.  We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.   

Force Majeure.  Prolific Adventures shall not be responsible for damages due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of Prolific Adventures.   

Governing Law.  The laws of the State of New York shall govern these Terms and Conditions and all Services.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SERVICES OR ADVENTURES.

Questions:  Should you have any questions regarding these Terms and Conditions you may contact us at info@prolificadventures.com.

Park City    India

Copyright 2005-2008 Prolific Adventures, LLC. All rights reserved. Journeys For A Cause is a registered trademark of Prolific Adventures, LLC.

This page last updated December 5, 2008.