Splash Wave Tours – Terms & Condition
The Splash Wave Tours web site is provided on an “as is” basis. In no event shall Splash Wave Tours or any of its owners, agents, officers or employees be liable (whether in an action arising from contract or tort) for (i) indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Splash Wave Tours has been advised of the possibility of such damages), resulting from any other matter relating to this web site, or (ii) any disclosure of information provided to Splash Wave Tours (even if such disclosure is caused by the negligence of Splash Wave Tours), except to the extent that such improper disclosure is directly caused by the intentional misconduct or gross negligence of Splash Wave Tours.
Disclaimer of Liability
Although Splash Wave Tours places a high priority on working with reputable tour operators, many of the tours and activities offered on this web site involve inherent risks, dangers and hazards. In rare cases, your participation in such activities may result in injury or illness including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. By participating in these activities, you hereby assume all risks and dangers and all responsibility for any losses and/or damages whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Splash Wave Tours, or by any other person. Moreover, your participation affirms your agreement to release, waive, discharge, hold harmless, defend and indemnify Splash Wave Tours and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise. Specifically, your participation affirms that you are releasing, discharging and waiving any claims or actions that you may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Splash Wave Tours.
These terms shall be governed by and construed in accordance with the laws of the State of Rhode Island, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Providence County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.