TERMS OF SERVICE
EdenSuriname.com Terms & Conditions Agreement
This Terms of Services agreement (“Agreement”) governs your use of EdenSuriname.com and any purchases made via this website, which has been made available to you by Eden Suriname LLC (“Eden Suriname”), a New York limited liability company and the owner of EdenSuriname.com.
By using EdenSuriname.com and/or making a purchase at EdenSuriname.com, you (“User” or “You”) expressly agree to be bound, without modification, to this Agreement, so please read it carefully to decide if you will continue using EdenSuriname.com. If you do not or cannot agree to be bound to this Agreement, you cannot use EdenSuriname.com. If you are using EdenSuriname.com on behalf of a business, you warrant that you are authorized to bind that business to legal agreements, and as such, that business accepts this Agreement, and all of the terms of this Agreement apply to that business.
We reserve the right to change this Agreement at any time, at our sole discretion. If we make any changes, we will notify you by posting the changes here and by emailing you at the email address provided by you. You are responsible for reviewing any changes to the Agreement. Your continued use of EdenSuriname.com after posting of changes to the Agreement is your acceptance to the modified Agreement. The Agreement was last modified on March 3, 2017.
Subject to this agreement, you have access to use EdenSuriname.com for educational and informational use.
Eden Suriname may modify, change, or upgrade the functionality or appearance of EdenSuriname.com, including removal of functionality or content, at any time.
This site is not providing financial, legal, business, technical, medical, mental health, or other professional advice. This site is not a travel agency.
The site contains information regarding tours provided by third party contractors and agents.
This site may link to other websites. Links are not an endorsement of the products or services available at the other websites. Eden Suriname has no responsibility or control of content on the linked websites.
Tours Purchased via EdenSuriname.com
To make a reservation for a tour, you must pay a deposit and fill out a booking at EdenSuriname.com. If it fewer than 30 days before the first day of the tour, you must pay in full for the booking at the time of the reservation. All tours are closed to new reservations 14 days before the first day of the tour.
Eden Suriname may provide you a promotional code that you can enter during checkout, to give you a discount on certain eligible purchases. Promotional codes cannot be combined, may expire at any time without notice, may only apply to certain eligible tours, and may have a minimum purchase requirement. Promotional codes have no monetary or cash value and are not subject to refund.
If more than 20 people are traveling in your group, please contact Eden Suriname via firstname.lastname@example.org to make your group booking.
You agree that you have fully reviewed the information regarding the tour that you are booking, including logistical requirements and risks involved, such as vaccination requirements, visa requirements, local political conditions, available medical care, and the potential dangers from inclement weather, natural disasters, and the negligence of others. You take full responsibility for any risks, injuries or damages, known or unknown, that you may incur from participating in the tour. You represent and warrant that you are sufficiently physically fit and have no medical conditions that would prevent your full participation in the tour.
By making a booking, you represent and certify that you are age 18 or over, and that all individuals traveling are either age 18 or over, or are age 12 to 18 and will be accompanied by a parent, legal guardian, or teacher.
You understand that any abusive, harassing, threatening, or inappropriate conduct towards your fellow participants or towards Eden Suriname staff is a material breach of this Agreement. You understand that if you are any traveler engages in any such conduct, refuses to follow directions, causes unsafe conditions, or otherwise harms the experience for other participants, it is grounds for your party to be removed from the tour, with no refund.
You understand that Eden Suriname does not control and does not assume liability for the actions of any vendors, contractors, agents, or transportation providers who are providing services in and around the tour. You are responsible for arranging for transportation to and from the location of the tour.
Payments may be paid by PayPal or credit card via Stripe. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. Eden Suriname will have the right to recover expenses including collection costs and reasonable attorney's fees incurred in collecting overdue amounts.
Refunds and Cancellations
If you cancel your booking before the 30-day full payment deadline, your deposit is refundable. Promotional codes have no monetary or cash value and are not subject to refund. To receive your refund, you must cancel in writing in advance, by the 30-day deadline, by email at email@example.com. After the 30-day full payment deadline, the deposit and all fees paid become non-refundable.
Upon the 30-day full payment deadline, your reservation holds your place in the event in lieu of Eden Suriname accepting other attendees, and Eden Suriname prepares for your participation in advance by contracting with vendors and agents in Suriname. By making this purchase and/or paying a deposit for a reservation in the tour, you agree and certify that you have reviewed all information carefully and fully understand the terms of this Agreement, what is and is not included, and that there are no refunds.
If a booking is cancelled by Eden Suriname for any reason (such as low enrollment or an Act of God), Eden Suriname will offer a full refund for the entire fee paid by you to Eden Suriname. However, Eden Suriname will not reimburse you for any of your out-of-pocket costs.
Eden Suriname strongly recommends that travelers obtain travel insurance, in case of an unforeseen event. However, at this time, Eden Suriname does not provide travel insurance or recommend any specific insurance providers.
EdenSuriname.com is the property of Eden Suriname, and contains information, graphical elements, and data that are protected by copyright, trademark, trade secret, and other intellectual property laws. You agree to abide by all copyright notices and trademark restrictions.
Subject to the terms of this Agreement, Eden Suriname grants you a non-transferable, non-assignable, limited, non-exclusive, revocable license to use EdenSuriname.com only as permitted in this Agreement.
You retain all intellectual property rights, including copyrights and trademark rights, over your written and other content uploaded or posted to EdenSuriname.com, to any forum owned by Eden Suriname, or to the Eden Suriname social media sites (“User Content”).
You grant Eden Suriname a non-exclusive, world-wide, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, index, and create derivative works from your User Content in any media now existing or hereinafter devised.
You consent to be photographed, videotaped, or recorded, in or around your participation in the tour that you have booked, by the Eden Suriname third party contractors and agents, upon your actual knowledge at or around the time of recording. You acknowledge and agree that Eden Suriname may use such photography, videography, or audio recordings (“Media”), including your name, likeness, or image, in or around the promotion, marketing, or sale of any product or service of Eden Suriname, or in or around any other media regarding Eden Suriname, now existing or hereinafter devised, without any additional compensation or payment to you. You also consent that the third party contractors and agents may also use such Media, for promotional purposes, with Eden Suriname’s approval.
You hereby release and discharge Eden Suriname and any of its employees, contractors, staff, officers, directors, representatives, companies, agents, associates, successors, and assigns, including photographers and videographers, from any and all legal liability, damage, or loss, including physical injury or death, and any and all claims and demands that may arise out of or in connection with the use of such Media, including without limitation any and all claims for defamation, infringement, moral rights, or violation of any right of publicity or right to privacy, arising from your participation in or around the tour, or arising from their negligence or other acts of omission, including but not limited to your participation in the tour.
You agree to indemnify Eden Suriname against all claims and damages arising out of your own negligence, or your breach or alleged breach of any of the agreements made by you under this Agreement. You agree that in the event of your death, this indemnification provision is binding upon your estate.
WARRANTIES AND DISCLAIMERS
TO THE EXTENT ALLOWED BY LAW, EDEN SURINAME DOES NOT MAKE ANY WARRANTY REGARDING EDENSURINAME.COM, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, THE INFORMATION, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH EDENSURINAME.COM.
EDENSURINAME.COM IS LICENSED TO USER “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, AND EDEN SURINAME EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE CONTENT, INFORMATION, PRODUCTS, OR SERVICES WHICH ARE PART OF OR DISCLOSED ON EDENSURINAME.COM; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, OR (C) ANY WARRANTY THAT EDENSURINAME.COM WILL ALWAYS BE AVAILABLE, ERROR-FREE, ACCESSIBLE, TIMELY, OR SECURE.
IN NO EVENT WILL EDEN SURINAME, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY EDENSURINAME.COM, THE CONTENT, THE INFORMATION, OR ANY ERRORS OR OMISSIONS IN EDENSURINAME.COM, OR FOR ANY PRODUCTS OR SERVICES SOLD VIA EDENSURINAME.COM, EVEN IF EDEN SURINAME IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY OF EDEN SURINAME, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, HACKING, TAMPERING, UNAUTHORIZED USE, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF FINDBROADBAND.COM, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE EDENSURINAME.COM, WILL BE STRICTLY LIMITED TO THE AMOUNT PAID TO EDEN SURINAME BY OR ON BEHALF OF USER IN CONNECTION WITH EDENSURINAME.COM IN THE THREE (3) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS MORE. YOU AGREE THAT QUANTIFYING DAMAGES WOULD BE INHERENTLY DIFFICULT, AND STIPULATE THAT THE AGREED UPON SUM IS NOT A PENALTY, BUT IS A REASONABLE MEASURE OF DAMAGES. IF YOU ARE A RESIDENT OF OR LOCATED IN CALIFORNIA, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES THAT GENERAL RELEASES DO NOT EXTEND TO CLAIMS THAT YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY YOU, MUST HAVE MATERIALLY AFFECTED YOUR SETTLEMENT WITH THE DEBTOR.
SOME JURISDICTIONS DO NOT ALLOW FOR SOME OF THE LIMITATIONS OR EXCLUSIONS AS SET FORTH HEREIN. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Reporting Copyright Infringement (DMCA)
This website complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at firstname.lastname@example.org, or 420 East 55th Street, New York, NY, 10022, 212-813-9026, containing the following information:
- Your contact information (name, mailing address, phone number).
- A description of the copyrighted work that you believe was infringed.
- A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
- A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
- Your digital or physical signature.
No Assignment without Consent. The tour purchased by you pursuant to this Agreement may not be assigned, sub-licensed, or transferred by you without Eden Suriname’s prior written consent. Any attempted assignment, sub-license, or transfer will be null and void. Eden Suriname may assign any rights or obligations under these Agreement to any other party, without notice to you.
Choice of Law and Forum. This Agreement will be governed by, and construed in accordance with, the laws of the State of New York. All claims arising out or relating to this Agreement or your use of EdenSuriname.com will be litigated exclusively in New York County, New York, and you and Eden Suriname consent to personal jurisdiction in New York County, New York.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Waiver. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any right hereunder.
Section Headings. The section headings of these Terms are for convenience of reference only and will not be deemed to alter or affect any provision hereof.
Notices. You agree that Eden Suriname may provide notice to you under this Agreement by placing a banner across the web pages of this website. You may provide legal notice to Eden Suriname via: email@example.com
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of Eden Suriname.
Any questions about the agreement or this website can be directed to: firstname.lastname@example.org.