Terms of Service

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Last Updated: May 18, 2013

ventureFar, Inc. (hereafter referred to as "ventureFar", "we", "us", or "our") provides an online platform that connects local tour operators who provide tours in their local country with traveleres seeking to book such tours (collectively, the “Services”), which Services are accessible at http://www.venturefar.com and any other websites through which ventureFar makes the Services available (collectively, the “Site”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and ventureFar. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.venturefar.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LOCAL TOUR OPERATORS (DEFINED BELOW) MAY CREATE TOUR LISTINGS (DEFINED BELOW) FOR TOURS (DEFINED BELOW) AND CLIENTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK TOURS. YOU UNDERSTAND AND AGREE THAT VENTUREFAR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LOCAL TOUR OPERATORS AND CLIENTS, NOR IS VENTUREFAR A TRAVEL AGENCY, AGENT OR INSURER. VENTUREFAR HAS NO CONTROL OVER THE CONDUCT OF LOCAL TOUR OPERATORS, CLIENTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

“ventureFar Content” means all Content that ventureFar makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content” means Member Content and ventureFar Content.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Client” means a site visitor or member who requests a booking of an Tour via the Site, Application or Services.

“Local Tour Operator” means a Member who creates a Tour Listing via the Site, Application and Services.

“Tour Listing” means an Tour that is listed by a Local Tour Operator as available for booking via the Site, Application, and Services.

“Member” means a person who completes ventureFar account registration process, including, but not limited to Local Tour Operators and Clients, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

ventureFar reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the commissions, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and booking of tours (“Tours”). Such Tours are included in Listings on the Site, Application and Services by Local Tour Operators. You may view Listings as an unregistered visitor to the Site, Application and Services.

As stated above, ventureFar makes available a platform or marketplace with related technology for Clients and Local Tour Operators to meet online and arrange for bookings of Tours. ventureFar is not an Travel Agent or operator of tours, and ventureFar does not manage and/or control tour operations, including, but not limited to, tour guides, equipment, or transportation or travel services. ventureFar’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Local Tour Operator for the purpose of accepting payments from Clients on behalf of the Local Tour Operator.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF TOURS. VENTUREFAR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. VENTAR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CLIENT’S OWN RISK.

Tour Listings

As a Member, you may create Tour Listings. To this end, you will be asked a variety of questions about the Tour to be listed, including, but not limited to, the duration, service offered of the Tour and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Local Tour Operators must have a valid business license. Listings will be made publicly available via the Site, Application and Services. Clients will be able to book your Tour via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Client requests a booking of your Tour, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Client booking of a tour (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Tour included in a Listing you post, including, but not limited to, local laws governing tours (b) not conflict with the rights of third parties. Please note that ventureFar assumes no responsibility for a Local Tour Operator’s compliance with any applicable laws, rules and regulations. ventureFar reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that ventureFar, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

You understand and agree that ventureFar does not act as an insurer or as a contracting agent for you as a Local Tour Operator. If a Client requests a booking of your Tour and travels through your tour, any agreement you enter into with such Client is between you and the Client and ventureFar is not a party thereto. Notwithstanding the foregoing, ventureFar serves as the limited authorized agent of the Local Tour Operator for the purpose of accepting payments from Clients on behalf of the Local Tour Operator and is responsible for transmitting such payments to the Local Tour Operator.

ventureFar recommends that Local Tour Operators obtain appropriate insurance for their Tours. Please review any insurance policy that you may have for your company carefully, and in particular please 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 Clients while on your Tour.

No Endorsement

ventureFar does not endorse any Members or any Tours. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from ventureFar with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Local Tour Operator against ventureFar regarding the remittance of payments received from a Client by ventureFar on behalf of a Local Tour Operator, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Local Tour Operator  

If you are a Local Tour Operator and a booking is requested for your Tour via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by ventureFar in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Client who has requested the booking and their address.  If you are unable to confirm or decide to reject a booking of an Tour within such 24 hour period, any amounts collected by ventureFar for the requested booking will be refunded to the applicable Client’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Client, ventureFar will send you an email via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Appointment of ventureFar as Payment Agent for Local Tour Operator

Each Local Tour Operator hereby appoints ventureFar as the Local Tour Operator’s limited agent solely for the purpose of collecting payments made by Clients on behalf of the Local Tour Operator. Each Local Tour Operator agrees that payment made by a Client to Local Tour Operator shall be considered the same as a payment made directly to the Local Tour Operator and the Local Tour Operator will make the Tour available to Client and provide tour services in the agreed upon manner as if the Local Tour Operator has received the Fees. Each Local Tour Operator agrees that, ventureFar may, in accordance with the cancellation policy selected by the Local Tour Operator and reflected in the relevant Listing, (i) permit the Client to cancel the booking and (ii) refund to the Client that portion of the Booking Fees specified in the applicable cancellation policy. In accepting booking as the limited authorized agent of the Local Tour Operator, ventureFar assumes no liability for any acts or omissions of the Local Tour Operator.

Please note that ventureFar does not currently charge fees for the creation of Listings. However, you acknowledge and agree that ventureFar reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that ventureFar will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Clients

The Local Tour Operators, not ventureFar, are solely responsible for honoring any confirmed bookings and making available any Tours reserved through the Site, Application and Services. If you, as a Client, choose to enter into a transaction with a Local Tour Operator for the booking of a Tour, you agree and understand that you will be required to enter into an agreement with the Local Tour Operator and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Local Tour Operator. You acknowledge and agree that you, and not ventureFar, will be responsible for performing the obligations of any such agreements, that ventureFar is not a party to such agreements, and that, with the exception of its payment obligations hereunder, ventureFar disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that ventureFar is not a party to the agreement between you and the Local Tour Operator, ventureFar acts as the Local Tour Operator’s payment agent for the limited purpose of accepting payments from you on behalf of the Local Tour Operator. Upon your payment of amounts to ventureFar which are due to the Local Tour Operator, your payment obligation to the Local Tour Operator for such amounts is extinguished, and ventureFar is responsible for remitting such amounts, less ventureFar Commission Fees, to the Local Tour Operator. In the event that ventureFar does not remit any such amounts to a Local Tour Operator, such Local Tour Operator will have recourse only against ventureFar.

Listings for Tours will specify the Total Fees. As noted above, the Local Tour Operator is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by ventureFar in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Local Tour Operator), any amounts collected by ventureFar will be refunded to such Client, depending on the selections the Client makes via the Site and Application, and any pre-authorization of such Client’s credit card will be released, if applicable.

You agree to pay ventureFar for the Total Fees for any booking requested in connection with your ventureFar Account if such requested bookings are confirmed by the applicable Local Tour Operator. In order to establish a booking pending the applicable Local Tour Operator’s confirmation of your requested booking, you understand and agree that ventureFar, on behalf of the Local Tour Operator, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once ventureFar receives confirmation of your booking from the applicable Local Tour Operator, ventureFar will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that ventureFar cannot control any fees that may be charged to a Local Tour Operator by his or her bank related to ventureFar’s collection of the Total Fees, and ventureFar disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to ventureFar or its third party payment processor. You agree to pay ventureFar for any confirmed bookings made in connection with your ventureFar Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by ventureFar or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to ventureFar’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Commissions

In consideration for providing the Services, ventureFar collects Commissions from Local Tour Operators (“Commissions”). Commissions are made up of a fee that is charged to the Local Tour Operator based upon a percentage of the amount of the Tour Fees (“Tour Fees”). Where applicable, Taxes may also be charged in addition to the Tour Fees. Tour Fees are deducted from the Total Booking Fees before remitting the Booking Fees to the Local Tour Operator, within 24 hours of when the Client arrives at the applicable Tour Location.

Balances will be remitted by ventureFar to Local Tour Operator via wire transfer, check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Local Tour Operator’s currency of choice, depending upon the selections the Local Tour Operator makes via the Site, Application and Services. Please note that for any payments by ventureFar in currencies other than U.S. dollars, ventureFar may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. Except as otherwise provided herein, Commissions are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds

If, as a Client, you cancel your requested booking before the requested booking is confirmed by a Local Tour Operator, ventureFar will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Client, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Local Tour Operator contained in the applicable Listing will apply to such cancellation. Our ability to refund the Booking Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If a Local Tour Operator cancels a confirmed booking made via the Site, Services, and Application, (i) ventureFar will refund the Total Fees for such booking to the applicable Client within a commercially reasonable time of the cancellation and (ii) the Client will receive an email or other communication from ventureFar containing alternative Listings and other related information. If the Client requests a booking from one of the alternative Listings and the Local Tour Operator associated with such alternative Listing confirms the Client’s requested booking, then the Client agrees to pay ventureFar the Total Fees relating to the confirmed booking for the Tour in the alternative Listing, in accordance with these Terms. If a Loval Tour Operator cancelled a confirmed booking and you, as a Client, have not received an email or other communication from ventureFar, please contact ventureFar at support@venturefar.com

Cancellation of Tour by Client

Any cancellation by a Client must be made in writing and be acknowledged by the Local Tour Company in writing. The date on which the request to cancel is received by the Local Tour Company or its Agents will determine the cancellation fees applicable.

Cancellation for Tours and Independent Tours: The cancellation fees are expressed hereafter as a percentage of the total tour price, excluding insurance.

i)    Cancellation 60 days or more before departure: 20% of the cost of services booked.

ii)   Cancellation 59-30 days before departure: 50% of the cost of services booked.

iii) Cancellation less than 30 days before departure: 100% of the cost of services booked.

Cancellation of Tour by Local Tour Company

The Local Tour Company will not cancel a tour once a Client is confirmed (a booking must have at least a deposit paid to be considered ‘confirmed’) on it except for ‘Force Majeure’, unusual or unforeseen circumstances outside the Local Tour Company’s control (excluding Expedition Trips – refer to Expedition Conditions of Carriage). When a tour is cancelled by the Local Tour Company before the agreed date of departure for any reason other than the fault of the Client, the Client can either:

(i)            take a substitute tour of equivalent or superior quality if the Local Tour Company is able and willing to offer such a substitute; or

(ii)           take a substitute tour of lower quality if the Local Tour Company is able and willing to offer one and to recover from the Local Tour Company the difference in price between the price of the tour originally purchased and that of the substitute tour; or

(iii)          have a full refund of all monies paid under the contract as soon as possible.

The Local Tour Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the confirmed booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price.

Where after departure a significant element of the trip contracted for cannot be provided, the Local Tour Company will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Local Tour Company will provide the Client a refund of unused tour portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Local Tour Company’s control, the Local Tour Company will in some circumstances offer compensation as it sees fit. Significant alterations do not include the substitution of a vessel, modification of itineraries, change in cabin category or hotel accommodation provided it is of the same category as deemed by the Local Tour Company.

Acceptance of Risk

The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release ventureFar from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form, with the following wording:

“I understand traveling with <Local Tour Company> may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers.  I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday.  I have read and understood the <Local Tour Company> Details for this trip I am undertaking and have provided details of any pre-existing medical conditions I may have to <Local Tour Company> representatives. I accept these risks and obligations and I fully assume the risks of travel.

Client Responsibility

The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with the ventureFar, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.

Factors Outside ventureFar’s Control (Force Majure)

ventureFar shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the ventureFar’s failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, safety and security concerns as deemed by the Company, extreme weather or any other cause whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the ventureFar or the supplier of services, even with all due care, could not foresee.

Foreign Currency

As part of the Services, ventureFar provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Client) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Local Tour Operator. The currency in which you will be charged will be determined by ventureFar based on the payment method you select and the location of the Tour in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Local Tour Operator to receive payment, ventureFar will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although ventureFar updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, ventureFar will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date ventureFar makes payment to a Local Tour Operator.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

  • use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;

  • copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

  • "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an ventureFar Client or Local Tour Operator;

  • offer, as a Local Tour Operator, any Tours that your company does not conduct or have permission to conduct.

  • register for more than one ventureFar Account or register for an ventureFar Account on behalf of an individual other than yourself;

  • contact a Local Tour Operator for any purpose other than asking a question related to a booking, such Local Tour Operator’s Tours or Listings;

  • contact a Client for any purpose other than asking a question related to a booking or such Client’s use of the Site, Application and Services;

  • when acting as a Client or otherwise, recruit or otherwise solicit any Local Your Operator or other Member to join third party services or websites that are competitive to ventureFar, without ventureFar’s prior written approval;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • use automated scripts to collect information or otherwise interact with the Site, Application or Services;

  • use the Site, Application and Services to find a Local Tour Operator or Client and then complete a booking of an Tour transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Commissions related to ventureFar’s provision of the Services;

  • as a Local Tour Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

  • or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  • use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, ventureFar name, any ventureFar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ventureFar’s express written consent;

  • access, tamper with, or use non-public areas of the Site or Application, ventureFar’s computer systems, or the technical delivery systems of ventureFar’s providers;

  • attempt to probe, scan, or test the vulnerability of any ventureFar system or network or breach any security or authentication measures;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ventureFar or any of ventureFar’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or

  • advocate, encourage, or assist any third party in doing any of the foregoing.

ventureFar will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ventureFar may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ventureFar has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ventureFar reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that ventureFar, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of ventureFar and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content..

ventureFar Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, ventureFar grants you a limited, non-exclusive, non-transferable license, to (i) access and view any ventureFar Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except 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 ventureFar or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to ventureFar a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. ventureFar does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to ventureFar the rights in 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 ventureFar’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services 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.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that ventureFar is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ventureFar of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the ventureFar Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of ventureFar used herein are trademarks or registered trademarks of ventureFar. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at feedback@venturefar.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of ventureFar and you hereby irrevocably assign to ventureFar and agree to irrevocably assign to ventureFar all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At ventureFar’s request and expense, you will execute documents and take such further acts as ventureFar may reasonably request to assist ventureFar to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

ventureFar respects copyright law and expects its users to do the same. It is ventureFar’s policy to terminate in appropriate circumstances the ventureFar Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination and ventureFar Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your ventureFar Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event ventureFar terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your ventureFar Account you will remain liable for all amounts due hereunder. You may cancel your ventureFar Account at any time by sending an email to support@venturefar.com. Please note that if your ventureFar Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT VENTUREFAR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND LOCAL TOUR OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VENTUREFAR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VENTUREFAR MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VENTUREFAR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VENTUREFAR OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOCAL TOUR OPERATORS OR CLIENTS. YOU UNDERSTAND THAT VENTUREFAR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY TOURS. VENTUREFAR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CLIENTS AND LOCAL TOUR OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY VENTUREFAR. NOTWITHSTANDING VENTUREFAR’S APPOINTMENT AS THE LIMITED AGENT OF THE LOCAL TOUR OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE LOCAL TOUR OPERATORS, VENTUREFAR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY Client OR OTHER THIRD PARTY.

Limitation of Liability

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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TOURS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF VENTUREFAR WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER VENTUREFAR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY TOUR VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VENTUREFAR 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.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE LOCAL TOUR OPERATORS PURSUANT TO THESE TERMS, IN NO EVENT WILL VENTUREFAR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, AND IN CONNECTION WITH ANY TOUR OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CLIENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LOCAL TOUR OPERATOR, THE AMOUNTS PAID BY VENTUREFAR TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($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 VENTUREFAR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold ventureFar and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Tour, (iii) creation of a Listing or (iv) the traveling of a tour by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of booking and going on a tour.

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. ventureFar urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov,www.treas.gov/ofac and www.customs.gov.

BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, VENTUREFAR DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. ventureFar does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Reporting Misconduct

If you travel with a local tour operator who you feel 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 ventureFar by contacting us with your police station and report number at support@venturefar.com; 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.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between ventureFar and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Tours made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ventureFar and you regarding bookings or listings of Tours, the Site, Application, Services, Collective Content and Referral Program.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ventureFar’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ventureFar may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ventureFar (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and ventureFar agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and ventureFar are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and ventureFar otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents athttp://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and ventureFar otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ventureFar submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. ventureFar will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, ventureFar will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if ventureFar changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email terms@venturefar.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of ventureFar’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ventureFar in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of ventureFar to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ventureFar. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting ventureFar

If you have any questions about these Terms, please contact ventureFar at terms@venturefar.com.