You represent and warrant that you are at least eighteen (18) years old or visiting the Site under the supervision of a parent or guardian.

ActivPro.com (“The Company", “ActivPro", "we," "us," and "our") provides this website (the “Website”) subject to the following Terms of Use and all modifications thereto ("Terms of Use"). "You", "you" and "your" refer to each visitor, vendor, company or person that uses this Website. All Personal Information collected through this Website is subject to our Privacy Policy which is incorporated herein by reference.



BY ENTERING AND USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THIS TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THIS TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS WEBSITE. WE MAY, AT OUR SOLE DISCRETION, UPDATE OR REVISE THIS TERMS OF USE AT ANY TIME. ANY UPDATES OR REVISIONS OF THIS TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE. PLEASE CHECK THIS TERMS OF USE PERIODICALLY FOR UPDATES OR REVISIONS. YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE FOLLOWING THE POSTING OF ANY UPDATES OR REVISIONS TO THIS TERMS OF USE CONSTITUTES CONFIRMATION OF YOUR ACCEPTANCE OF THIS TERMS OF USE AS UPDATED OR REVISED.


ActivPro grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Website. Further, ActivPro grants you a limited, nonexclusive and revocable right to create a hyperlink to the ActivPro Website, provided your link does not portray ActivPro, its affiliates, Vendors, or their respective services in a false, misleading, derogatory, or otherwise offensive manner.


You agree that we may communicate with you electronically by way of e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Users may visit and use the Website according to its intended use as outlined in this Agreement.  However, the use of services such as the booking of Activities requires prior registration and setting up an ActivPro account.

Your use of this Website is governed by this Terms of Use.  You agree to comply with all procedures, rules and policies established by us (and communicated electronically by us to you by way of e-mail or by posting notices on this Website), and all applicable federal, state, and local laws and regulations, including without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.).

You agree to use this Website only for lawful purposes.

You agree that you are responsible for obtaining access to the Website, including, but not limited to any third party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment necessary to access the Website.

You may not post on or transmit through the Website any data, text, music, sound, photographs, graphics, video, messages or other material ("User Content") that (i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive; (ii) constitutes a breach of any person's privacy or publicity rights; (iii) violates any statute, regulation or ordinance; (iv) promotes software or services that deliver unsolicited mail; or (v) promotes, encourages, or facilitates terrorism or other activities that risk United States national security.

You may not upload, post, e-mail or otherwise transmit any User Content on or through the Website that (i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Website or with other users of this Website, (ii) is knowingly untrue, inaccurate or misleading, or (iii) interferes with the operation of the Website in any manner.

You further agree that you will not:

(a) Impersonate any person or entity, including, but not limited to, an ActivPro officer, director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website;

(c) Infiltrate, hack into or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website;

(d) Harvest, collect or store information about the users of this Website or the User Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website;

(e) Use any automated procedure to gather information or data from the Website by means of what is commonly called a "bot" or otherwise;

(f) Interfere with or disrupt the Website or servers or networks connected to the Website, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Website (or that of any third party that is hosting or interfacing with any part of the Website);

(g) Create any frames at any other Websites pertaining to or using any of the information provided through the Website, or promote bonus items, giveaways, random drawings, contests or prizes on the Website; or

(h) Duplicate, copy or otherwise exploit the Website or its contents for commercial purposes.

ActivPro may, at its sole discretion, suspend or terminate your access to this Website, without prior notice, if ActivPro believes that your conduct fails to conform to this Terms of Use.



Visitors that wish to book Activities on the Website must first register and set up an account with ActivPro.  Please refer to our Privacy Policy for further information regarding the collection of your personal information at point of booking.


All payments for services booked on this Website will be processed by payment solution provider PayPal (www.PayPal.com).  ActivPro does not store credit card information for purchases made through PayPal.  Please refer to our Privacy Policy for further information regarding the collection of your credit card and personal information at point of booking.


All Cancellations, either by Customer or Vendor are subject to ActivPro’s Cancellation Policy as set forth below and as outlined on your e-ticket.

Customer Cancellation:

Customer may cancel a booked activity, for any reason, up to five (5) business days prior to the actual date that a booked activity is scheduled to take place (the “Cancellation Period”).  Upon validly cancelling a booking within the Cancellation Period, Customer will receive a 100% refund minus any applicable PayPal fees.  Upon expiration of the Cancellation Period, Customer will no longer have the opportunity to cancel a booked activity and will no longer be entitled to a refund.

Vendor Cancellation:

The unique nature and complex preparation involved in many Vendor Activities requires flexibility in scheduling and booking dates.  As such, A Vendor may cancel a booked Activity, for any reason, up to the actual date of the event.  Any cancellations by Vendor will result in a full refund to Customer.  We advise the Customer to carefully read the cancellation practices of each Vendor and the specific details of each Vendor Activity prior to booking.  Many of the exciting Activities available for purchase on ActivPro take place outdoors and can be subject to cancellation for a multitude of reasons.

In the event that there is no cancellation policy stated on your e-ticket, the standard cancellation policy as set forth in this Terms of Use will apply.

Any questions or disputes regarding the Cancellation Policy can be directed to info@ActivPro.com.
        
Refunds will only be issued to the original funding source.  For example, an order paid for via Credit Card will be issued a Refund to the account for the Card that was used to fund the order.  An order funded via PayPal will be issued a Refund to the original PayPal account.  If the PayPal account is closed, the Customer should contact us at info@ActivPro.com for assistance.
Any customer credit card payments not honored or revoked will be considered as a booking cancellation and cancellation fees will apply.



This Terms of Use shall be governed by the laws of the State of Florida, USA, without reference to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to this Website, the Terms of Use, or the Services of ActivPro shall be filed exclusively in the state or federal courts located in Duval County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts.

You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Website, this Terms of Use, or the Services of ActivPro must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.

IF YOU USE THIS WEBSITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU AGREE TO BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU USE THIS WEBSITE.



Nothing within the Terms of Use and this Website shall be construed as conferring any license under the Terms of Use of any of ActivPro’s intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this Website is protected by copyright, trademark, patent, or other proprietary rights by us and our vendors, affiliates, licensors, and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Website. You agree not to use any of the trademarks or service marks or other content accessible through this Website for any purpose other than the purpose for which such content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Website. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Website or any software or programs used in connection with this Website.

ActivPro will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of ActivPro's materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.


If you have any questions or disputes as a user of ActivPro.com, please contact us at info@ActivPro.com.

If you notify ActivPro of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, User Content and other material on the ActivPro Website (collectively "Content") that is allegedly infringing, defamatory, damaging, illegal, or offensive, ActivPro may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the ActivPro Website. ActivPro may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the ActivPro Website; or (iii) to protect the rights or property of ActivPro and its officers, directors, employees, agents, third-party content providers, vendors, sponsors, and licensors and any other user.


In order to avoid potential misunderstandings or disputes when ActivPro's services or marketing strategies might seem similar to ideas submitted to ActivPro, we adhere to a strict policy of not accepting unsolicited ideas. ActivPro or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved services or technologies, service enhancements, processes, techniques, methods, systems, designs, plans, charts, concepts, other materials, marketing plans or new service names. Please do not send any original creative artwork, suggestions, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials to ActivPro or anyone at ActivPro. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter or transmission says, such submissions will be considered non-confidential and non-proprietary, provided, however, that the foregoing shall not apply to personal (as opposed to technical or business) information that identifies an individual and that is subject to our Privacy Policy contained elsewhere on this site. In addition, such submissions will automatically become the property of ActivPro, without compensation to you, and ActivPro will have no obligations with respect to such submissions.



YOUR USE IS AT YOUR OWN RISK AND NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING OR OPERATING THIS WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR (2) THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

Notwithstanding the fact that ActivPro or other parties involved in creating, producing, or delivering this Website may monitor or review transmissions, postings, discussions, or chats, ActivPro and all parties involved in creating, producing, delivering or operating this Website, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.


Although this Website may be linked to other websites, ActivPro is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein.

ActivPro is not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. ActivPro does not assume any responsibility or liability for the actions, Products, and content of any other third parties. You should carefully review the privacy statements and other conditions of use or any website which you access through a link from this Website.

Your linking to any other off-site pages or other websites is at your own risk.



THIS WEBSITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, ACTIVPRO AND ITS AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THIS WEBSITE OR THE SITE CONTENT THEREON; (II) ANY WARRANTY THAT THIS WEBSITE AND ACTIVPRO’S OTHER WEBSITES WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (III) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE'S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE AND NONINFRINGEMENT.

ACTIVPRO MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE THIS WEBSITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.



You agree to defend and indemnify ActivPro and its employees and vendors from any claim or demand, including reasonable attorney’s fees, arising from your failure to comply with this Terms of Use, your violation of any law or the rights of a third party.


If any provision of this Terms of Use is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Terms of Use, and any part of such provision not held invalid or unenforceable shall remain in effect.

If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Use, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.

Notwithstanding anything herein to the contrary, the "Warranty Disclaimer" and the "Limitation of Liability" language shall survive the termination of this Terms of Use.

The provisions of this Terms of Use will inure to the benefit of and be binding upon ActivPro and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.

You and the persons you represent may not assign this Terms of Use or the rights and obligations under this Terms of Use without the express prior written consent of ActivPro, which may be withheld in ActivPro's sole discretion.

ActivPro may assign this Terms of Use and its rights and obligations under this Terms of Use without your consent or the consent of any persons you represent.

Nothing contained in this Terms of Use shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

ACTIVPRO'S FAILURE TO ENFORCE ANY PROVISION OF THE TERMS OF USE OR TO ACT WITH RESPECT TO A BREACH OF THE TERMS OF USE BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF ACTIVPRO'S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF ACTIVPRO'S RIGHT TO ENFORCE SUCH PROVISION.