INTRODUCTION. Welcome to the Internet site of Southwest Florida EcoTours, Inc. (“Site"). The Site is operated by Southwest Florida EcoTours, Inc. ("we," "us," or "our"). We and our directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns are collectively referred to herein as the “Released Parties”. The term “touring activities” includes all our activities relating to the Everglades National Park and Corkscrew Swamp Sanctuary, including without limitation, watercraft touring, walking, water based expeditions, transportation, food and beverage, and all travel, and all other activities, services, use of facilities, and use of any watercraft either provided or arranged by the Released Parties.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using the Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Site or participate in touring activities. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time.

DISCLAIMER. THE MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

ASSUMPTION OF RISKS. YOUR ARE AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH TOURING ACTIVITIES AND YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM.

WAIVER OF CLAIMS. YOU AGREE TO WAIVE ANY AND ALL CLAIMS, DEMANDS, DEBTS, OBLIGATIONS, LIABILITIES, COSTS, EXPENSES, RIGHTS OF ACTION, CAUSES OF ACTION OR JUDGMENTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, CONTINGENT OR ABSOLUTE, DIRECT OR INDIRECT, AT LAW OR IN EQUITY (COLLECTIVELY, “CLAIMS”) THAT YOU NOW HAVE OR MAY IN THE FUTURE HAVE AGAINST THE RELEASED PARTIES AND TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS THAT YOU MAY SUFFER ARISING OUT OF A TOURING ACTIVITY, DUE TO ANY CAUSE WHATSOEVER.

INDEMNITY. You agree to hold harmless and indemnify the Released Parties from any and all Claims for any damage to property of or personal injury to any third party, resulting from your participation or presence on any touring activity.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE TOURING ACTIVITIES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR THE TOURING ACTIVITIES.

CHANGE OF ITINERARY OR CANCELLED TRIPS. We reserve the right to change the itinerary, without notice, due to hazardous weather, change in government regulations, and/or circumstances that render the trip unsafe or unsatisfactory to the welfare of the group.  We reserve the right to cancel any trip prior to departure for any reason whatsoever, including insufficient registration or logistical and safety complications that may impede trip operations.

RESERVED RIGHTS. We reserve the right to decline to accept or retain any person as a member of any tour should such person's health, mental or physical condition or general deportment impede the operation of the tour or the rights, welfare or enjoyment of other passengers without a refund. Meals, gratuities, entertainment and tax are not included in tours unless specifically stated. The fare quoted herein is based on those rates in effect at the time of the booking and while no changes are anticipated, fares are subject to change without notice.

GENERAL PROVISIONS. These terms of use shall be governed by and construed in accordance with the laws of the State of Florida and the laws of the United States, without giving effect to any principles or 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 Collier County, Florida, 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 of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. Your personal information including home address, email address, and/or credit card information is strictly protected and will NOT be revealed to anyone outside of us.

 

Southwest Florida EcoTours, Inc.
(239) 776-9050
Email: questions@southwestfloridaecotours.com