FOR CALIFORNIA RESIDENTS. In addition and/or in accordance with the rest of our Privacy Policy, you have a right to know and request information regarding the categories of personal information and actual personal information we collect or sell, as well as what categories of personal information and actual personal information we share with or sell to third parties and categories of third parties. You also have the right to request the categories of sources from which the personal information is collected, as well as the business or commercial purpose for collecting or selling personal information. You have the right to edit this information or request its deletion. To submit an information request, you can e-mail us at XXXxxxxxx@Xxxxxx.xxx or call us at 000.000.0000. You do not need to create an account to opt-out of the sale of your information. We have the right to verify the identity of a user before providing information related to that user’s request. Information requests may take up to 45 days to process; we reserve the right to extend this period by an additional 45 days when reasonably necessary. If we extend processing your request, we will notify you within 45 days from your initial request. You have the right not to be discriminated against for exercising your rights regarding your personal information. Pursuant to the Attorney General’s regulations, a consumer may authorize another person solely to opt-out of the sale of the consumer’s personal information on the consumer’s behalf. For purposes of this notification, “personal information” means, but is not limited to: “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household”.
FOR CALIFORNIA RESIDENTS. We are a registered Seller of Travel in the State of California (CST 2103869-40). Registration as a Seller of Travel does not constitute approval by the State of California. We are not a participant in the California Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account, and we have a trust account at Bank of America. Upon cancellation of the transportation or travel services, where the guest is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the guest, all sums paid to Tour Operator for services not provided will be promptly paid to the guest, unless the guest advises Tour Operator in writing, after cancellation. This provision does not apply where Recess 4 Grownups has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, Recess 4 Grownups will provide the guest with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
FOR CALIFORNIA RESIDENTS. In signing this Release, which is intended to have the effect of releasing forever claims that are presently unknown to Employee, Employee acknowledges that he has read and understands Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Employee hereby expressly waives and relinquishes all rights and benefits under that section and any law of any other jurisdiction of similar effect with respect to Employee’s release of any unknown or unsuspected claims herein.]
FOR CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST LUCKY ORANGE.
FOR CALIFORNIA RESIDENTS. THE STATE COMMISSIONER MAY IMPOSE THE FOLLOWING TRANSFER RESTRICTION: “IT IS UNLAWFUL TO CONSUMMATE A SALE OR TRANSFER OF THIS SECURITY, OR ANY INTEREST THEREIN, OR TO RECEIVE ANY CONSIDERATION THEREFOR, WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMMISSIONER OF CORPORATIONS OF THE STATE OF CALIFORNIA, EXCEPT AS PERMITTED IN THE COMMISSIONER’S RULES.”
FOR CALIFORNIA RESIDENTS. THE COMMISSIONER OF CORPORATIONS OF THE STATE OF CALIFORNIA DOES NOT RECOMMEND OR ENDORSE THE PURCHASE OF THESE SECURITIES. IT IS UNLAWFUL TO CONSUMMATE A SALE OR TRANSFER OF THE SECURITIES OR ANY INTEREST THEREIN OR TO RECEIVE ANY CONSIDERATION THEREFOR WITHOUT THE PRIOR CONSENT OF THE COMMISSIONER OF CORPORATIONS OF THE STATE OF CALIFORNIA EXCEPT AS PERMITTED IN THE COMMISSIONER’S RULES. PURSUANT TO SECTION 517.061(11)(a)(5) OF THE FLORIDA STATUTES, FLORIDA INVESTORS HAVE A THREE-DAY RIGHT OF RESCISSION. IF A FLORIDA INVESTOR HAS EXECUTED A SUBSCRIPTION AGREEMENT AND TENDERED THE CONSIDERATION FOR THE PURCHASE, HE MAY ELECT, WITHIN THREE BUSINESS DAYS AFTER SIGNING THE SUBSCRIPTION AGREEMENT OR BEING FIRST NOTIFIED OF THIS RIGHT, WHICHEVER IS LATER, TO WITHDRAW FROM THE SUBSCRIPTION AGREEMENT AND RECEIVE A FULL REFUND AND RETURN (WITHOUT INTEREST) OF ANY MONEY PAID BY HIM. A FLORIDA INVESTOR’S WITHDRAWAL WILL BE WITHOUT ANY FURTHER LIABILITY TO ANY PERSON. TO ACCOMPLISH SUCH WITHDRAWAL, A FLORIDA INVESTOR NEED ONLY SEND A LETTER OR TELEGRAM TO THE COMPANY AT THE ADDRESS SET FORTH IN THIS MEMORANDUM INDICATING HIS INTENTION TO WITHDRAW. SUCH LETTER OR TELEGRAM MUST BE SENT AND POSTMARKED PRIOR TO THE END OF THE AFOREMENTIONED THIRD BUSINESS DAY. IF A FLORIDA INVESTOR SENDS A LETTER, IT IS PRUDENT TO SEND IT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO AN OFFICER OF THE COMPANY TO ENSURE THAT IT IS RECEIVED AND ALSO TO EVIDENCE THE TIME AND DATE WHEN IT IS MAILED. SHOULD A FLORIDA INVESTOR MAKE THIS REQUEST ORALLY, HE SHOULD ASK FOR WRITTEN CONFIRMATION THAT HIS REQUEST HAS BEEN RECEIVED. THE FOREGOING IS INTENDED TO CONSTITUTE THE NOTICE REQUIRED UNDER THE FLORIDA STATUTES. ACCORDINGLY, EACH PURCHASER WILL HAVE THREE DAYS AFTER THE FIRST TENDER OF CONSIDERATION IS MADE BY SUCH PURCHASER TO VOID HIS PURCHASE OF THESE SECURITIES.
FOR CALIFORNIA RESIDENTS. We will not share information we collect about you with nonaffiliates, except as permitted by California law, such as to service your account. We will limit sharing among our affiliates to the extent required by California law, unless you authorize us to make those disclosures.
FOR CALIFORNIA RESIDENTS. Upon cancellation of the transportation or travel services, where the guest is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the guest, all sums paid to AdventureSmith for services not provided will be promptly paid to the guest, unless the guest advises AdventureSmith in writing, after cancellation. This provision does not apply where AdventureSmith has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, AdventureSmith will provide the guest with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler. This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if AdventureSmith was registered and participating in the TCRF at the time of sale and the guest is located in California at the time of payment. Eligible guests may file a claim with TCRF if the guest is owed a refund of more than $50 for transportation or travel services which AdventureSmith failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one guest is the total amount paid on behalf of the guest to AdventureSmith, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; X.X. Xxx 0000; Xxxxxxxx, XX 00000-0000; or by visiting TCRC’s website at: xxx.xxxxxxxx.xxx. The TCRF does not cover any guests purchasing an AdventureSmith Tour from outside of the State of California.
FOR CALIFORNIA RESIDENTS. This Agreement has been executed by Xxxxxx with the express intention of effecting the legal consequences provided by Section 1541 of the California Civil Code, and any other federal, state or local laws of similar effect. Holder intends to relinquish all claims against the Released Parties, whether or not known or suspected, and expressly waives any and all rights and benefits conferred upon Holder by the provisions of Section 1542 of the California Civil Code (or any federal, state or local laws of similar effect), which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason (the “Affected Provision”), the remainder of the Agreement shall not be affected thereby and shall remain valid and fully enforceable and the Affected Provision shall be enforced to the maximum extent permitted by law. BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, HOLDER, ON THEIR OWN BEHALF AND ON BEHALF OF ANY RELATED PARTIES, IS DEEMED TO HAVE ASSUMED ALL RISKS INHERENT TO THE GAME OF BASEBALL AND GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. IF MINOR(S) AND/OR OTHER ACCOMPANYING PARTIES ATTEND THE EVENT WITH HOLDER, XXXXXX IS DEEMED TO HAVE GIVEN ALL OF THE FOREGOING GRANTS OF RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (A) SUCH MINOR(S) AS THEIR PARENT OR GUARDIAN OR AS THE AUTHORIZED AGENT OF THEIR PARENT OR GUARDIAN; AND/OR (B) SUCH OTHER ACCOMPANYING PARTIES, AS THEIR AUTHORIZED AGENT. IF XXXXXX DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT SUCH RIGHTS, RELEASES AND WAIVERS ON BEHALF OF: (I) SUCH MINOR(S), HOLDER SHOULD IMMEDIATELY LEAVE THE BALLPARK WITH THOSE MINOR(S); AND/OR (II) ANY OTHER ACCOMPANYING PARTY, SUCH ACCOMPANYING PARTY SHOULD IMMEDIATELY LEAVE THE BALLPARK. Holder will ind...
FOR CALIFORNIA RESIDENTS. THE SALE OF THE UNITS AND THE UNDERLYING COMMON SHARES, WARRANTS AND SECURITIES OFFERED HEREBY HAVE NOT BEEN QUALIFIED WITH THE CALIFORNIA COMMISSIONER OF CORPORATIONS, AND THE ISSUANCE OF SUCH SECURITIES OR PAYMENT OR RECEIPT OF ANY CONSIDERATION THEREOF IS UNLAWFUL UNLESS AN EXEMPTION FROM QUALIFICATION IS PERFECTED. FOR COLORADO RESIDENTS: THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1983, AS AMENDED, OR THE COLORADO SECURITIES ACT OF 1981, BY REASON OF SPECIFIC EXEMPTIONS THEREUNDER RELATING TO THE LIMITED AVAILABILITY OF THE OFFERING. THESE SECURITIES CANNOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF TO ANY PERSON OR ENTITY UNLESS THEY ARE REGISTERED OR ANY EXEMPTION FROM REGISTRATION IS AVAILABLE. FOR CONNECTICUT RESIDENTS: THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER SECTION 36485 OF THE CONNECTICUT UNIFORM SECURITIES ACT AND THEREFORE CANNOT BE RESOLD UNLESS THEY ARE REGISTERED UNDER SUCH ACT OR UNLESS AN EXEMPTION FROM REGISTRATION IS AVAILABLE.
