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XPERIENCE DAYS® INC. TERMS & CONDITIONS

XPERIENCE DAYS® INC. TERMS & CONDITIONS

EQUALITY

We recognize that persons with disabilities may have difficulty participating in certain experiences. Xperience Days® Inc. encourages the involvement of all persons in the experiences offered. To help us meet your needs, we ask that you inform us of any related disability when the Xperience Certificate® is ordered or redeemed for service. For any further questions or comments, please call an Xperience Days® Customer Service Representative at 866 – 973 – 7436 or email us at LookAfterMe@XperienceDays.com

EXPERIENCE PROVIDERS
Xperience Days® Inc. has Service Providers nationwide and we are continuously adding locations and services offered. If we need to change or withdraw venues or experiences due to circumstances beyond our control, comparable alternatives will be offered. In such cases recipients will be able to exchange their Xperience Certificate® for a different experience of the same monetary value. Xperience Days® Inc. Service Providers have their own terms and conditions. In order to participate in the experience, participants will be required to accept their Terms and Conditions. Participants may also be required to sign an acceptance form or a waiver by the Service Provider and will be informed of this when they redeem their Xperience Certificate® or by the Service Provider at the time of the experience.

EXPERIENCE DESCRIPTIONS
Xperience Days Inc. strives to keep all information regarding the experiences as accurate and up to date as possible. However, precise details of each experience may change from time to time and from Provider to Provider. The experience description as provided within the Xperience Days® Gift Box is only accurate at the time of going to print and may not fully or precisely describe the actual experience received. The most up to date experience descriptions are available on www.ExperienceDays.com or from Xperience Days® Customer Service at 866 – 973 – 7436. The pictures used in all Xperience Days® Inc. promotional materials are for illustration purposes only and may not accurately reflect the details of an individual experience.

The duration of each experience is an approximation of the time the participant will spend at the venue. Details regarding the number of participants, or any wait time that may be involved are listed in the experience description whenever possible.

EXPERIENCE REQUIREMENTS
It is the responsibility of the Participant to comply with all necessary requirements of the experience as set out on the Xperience Days® website and/or in the Experience Reservation Confirmation. Some experiences may be restricted by factors which include but are not limited to age, height, weight or health.

Experience descriptions will as accurately as possible explain the limitations or requirements relating to each experience. Participants may lose the full value of the Xperience Certificate® if they are unable to participate on the day reserved for the experience or if they have to cancel their experience reservation after it is scheduled because these requirements are not met. Full details of all restrictions for each experience can be found on www.ExperienceDays.com and are available from Xperience Days® Customer Service at 866 – 973 – 7436 or LookAfterMe@XperienceDays.com

DRESS CODE
Some Service Providers recommend or require certain items of clothing and/or footwear to be brought to the experience or worn for the experience. Alternatively, some Service Providers restrict certain items of clothing and/or footwear from being worn for an experience. Please make sure to comply with these requirements before setting off for the experience. Xperience Days® Inc. will not be held liable for the non-provision of an experience due to a failure by the Participant to bring or wear the required clothing and/or footwear. In such cases the reservation cannot be rescheduled and the value of the original Xperience Certificate® will be forfeited.

EXPERIENCE AVAILABILITY, RESERVATION REQUESTS AND CONFIRMATIONS
Reservation requests for Xperience Certificates® must be made with Xperience Days® Inc. and must be received a minimum of fourteen (14) days in advance and twenty (20) days notice is recommended for weekends or holiday periods and/or experiences with limited availability. Xperience Days® Inc. is not responsible in any way for any appointments made directly with any Service Provider.

While we will make every effort to meet the needs of all Xperience Certificate® Redeemers, Xperience Days® Inc. cannot guarantee a reservation for an experience on a chosen day or time. Once a request for a reservation for an experience has been made with Xperience Days® Inc., it is the responsibility of the Redeemer of the Certificate to monitor the request via the contact information provided by the Redeemer at the time of the request.

The Redeemer of the Xperience Certificate® will receive a written confirmation by email (or any other method deemed necessary by Xperience Days® Inc.) once a reservation has been confirmed. The Redeemer will be provided with an Experience Reservation Confirmation which must be taken with the participant on the day of the experience and given to the Service Provider.

The Service Provider is not required to provide the services reserved if the Participant fails to provide the Experience Reservation Confirmation. In such cases, the experience(s) cannot be rescheduled and the value of the original Xperience Certificate® will be forfeited.

The Experience Reservation Confirmation can be accessed on the Xperience Days® Inc website www.ExperienceDays.com within the online personal account of the Redeemer of the Xperience Certificate®.

If for any reason the Experience Reservation Confirmation is not received via email (or any other method deemed necessary by Xperience Days® Inc.) and is not accessible within the online personal account of the Redeemer of the Xperience Certificate®, it is the responsibility of the Redeemer to contact Xperience Days® Inc at 866 – 973 – 7436 a minimum of two business days prior to the earliest requested date of participation.

On occasion, Redeemers of an Xperience Certificate® may be asked to return the Xperience Certificate® to Xperience Days® Inc. prior to receiving a reservation confirmation. Please do not make any travel or other related arrangements until the experience reservation request has been confirmed by Xperience Days® Inc.

EXPERIENCE RESERVATIONS AND CANCELLATIONS
The confirmation of the experience reservation will list the number of days prior to a scheduled reservation until which changes can be made to the date and time of the reserved experience. No changes including cancellations can be made to a reservation after that time period. Changes to reserved experiences prior to the deadline posted are subject to a fee by Xperience Days® Inc. and/or its Service Providers. The amount of these fees will be made available prior to the reservation request whenever possible.

Reservations canceled by the Participant or the Service Provider may only be rescheduled within 12 months from the date of the initial reservation. Rescheduled reservations are subject to changes in price for the reserved experience if the Xperience Certificate used to request the reservation was issued over 12 months prior the date of the rescheduled reservation.

Once the period during which changes can be made to a reservation has ended, the official Experience Reservation Confirmation is made available to the Redeemer of the Xperience Certificate®. Unattended reservations for experiences cannot be rescheduled and the value of the original Xperience Certificate® will be forfeited.

Xperience Certificates® cannot be exchanged once a reservation for the experience has been made.

In limited cases, an experience that has been confirmed by an Xperience Days® Inc. Service Provider and/or Xperience Days® Inc. may need to be cancelled by the Service Provider. In such cases, Xperience Days® Inc. is not liable for any costs incurred by the Participant(s) including any travel or other related arrangements. Participants will be able to re-schedule any experiences cancelled by Xperience Days® Inc or its Service Providers.

Xperience Days® Inc. and its Service Providers reserve the right to substitute certain elements of the experience, should those elements change or become unavailable due to circumstances beyond our control.

Due to the nature of many experiences, participation may be dependent upon the weather. The experience description and reservation confirmation will include advice about weather related cancellations by the Service Provider. It is the responsibility of the Participant(s) to confirm their reservation with the Service Provider if there are any weather related issues or questions on the day of the reservation. Provision of the experience is at the sole discretion of the Service Provider. Participants will be able to re-schedule any experience(s) cancelled by the Service Provider due to weather related issues.

Unattended reservations for experiences held cannot be rescheduled and the value of the original Xperience Certificate(s)® will be forfeited. Xperience Certificates® cannot be exchanged or refunded once a reservation for the experience has been made.

XPERIENCE CERTIFICATE® CONDITIONS
The Xperience Certificate® is proof of payment. The Certificate Number and Redemption Reference found on the Xperience Certificate will be used to identify Xperience Certificate® holders in all communications with Xperience Days® Inc. Xperience Certificates® are non-replaceable and must be presented intact on the day of the scheduled experience.

If the Xperience Certificate is not received within thirty (30) calendar days from the date of purchase via the shipping method chosen at the time the order is placed, then it is the responsibility of the Purchaser to contact Xperience Days. Xperience Certificates cannot be re-issued.

Xperience Certificates® Issued Before November 1, 2007
Xperience Certificates® can be redeemed for service from the Issue Date. Xperience Certificates® are valid until the Expiration Date printed on the front of the Xperience Certificate®. The Expiration Date does not apply in California, Connecticut, Maine, Massachusetts, Washington or any other states where prohibited by law; it applies in New Hampshire only for gift certificates over $100 in value. Xperience Certificates® not redeemed by the Redemption Date listed on the front of the certificate in any state where gift certificates do not expire will only be valid for services equal to or less than the original purchase price of the Xperience Certificate®. If you have any questions regarding the Issue Date, Expiration Date or Redemption Date, please contact Xperience Days® Customer Service at 866 – 973 – 7436 or email us at LookAfterMe@XperienceDays.com

Xperience Certificates® Issued After November 1, 2007
Xperience Certificates® can be redeemed for service from the Issue Date. Xperience Certificates® are valid for the experience purchased for twelve (12) months from the date of purchase, i.e. the Issue Date. Xperience Certificates® not redeemed and used with in the twelve (12) month period are valid for services equal to or less than the original purchase price of the Xperience Certificate®. If you have any questions regarding the use of an Xperience Certificate® please contact Xperience Days® Customer Service at 866 – 973 – 7436 or email us at LookAfterMe@XperienceDays.com

XPERIENCE CERTIFICATES
Xperience Certificates® valid for a specific experience may be exchanged prior to requesting a reservation for the experience for which the Certificate is valid. Xperience Days® Inc. reserves the right to impose an administration fee in such cases. If applicable, the new experience will have the same expiry and redemption dates as the original Xperience Certificate®.

The Redeemer of the certificate will be required to pay the difference in price if the chosen experience is higher in price than the value associated with the original Certificate. However, a balance will be held in credit to be used against any future purchase if the price of the selected experience is less than the value associated with the original Certificate. Remaining credit can only be redeemed directly with Xperience Days® Inc. and not refunded by or used directly with Xperience Days® Inc. Service Providers.

XPERIENCE CHOICE CERTIFICATES
Xperience Choice Certificates® enable the recipient to select any experience offered within the same Choice Level as the Xperience Choice Certificate®. A new Xperience Certificate® will only be issued upon redemption if deemed necessary by Xperience Days® Inc.

If an experience that is not in the Choice Level of the Certificate is selected, the redeemer will be required to pay the difference in price if the chosen experience is higher in price than the value associated with the original Certificate. However, a balance will be held in credit to be used against any future purchase if the price of the selected experience is less than the value associated with the original Certificate. Remaining credit can only be redeemed directly with Xperience Days® Inc. and not refunded by or used directly with Xperience Days® Inc. Service Providers.

DISCOUNTS AND SPECIAL OFFERS
Xperience Days® Inc. may from time to time issue discounts or special offers on the purchase of select Xperience Certificates, Xperience Choice Certificates or Xperience Days Dollar Certificates. Only one (1) discount or special offer may be applied to an order. Discounts and special offers may not be applied to account balance transactions or third party certificates or gift cards sold on www.ExperienceDays.com.

There is no guarantee of the validity of discounts or special offers advertised on third party websites. All current special offers or discounts maybe viewed via the following link:

All discounts or special offers must be applied at the time of purchase and may not be applied to orders previously placed. Discounts and special offers are only valid during the period advertised by Xperience Days® Inc.

REFUNDS
Xperience Days® Inc. does not process any returns or reimburse any payment transactions on any purchases of Xperience Certificates® or Xperience Choice Certificates®. If the Xperience Days Gift Box was damaged during shipping, please contact an Xperience Days Customer Service Representative at 866 – 973 – 7436 or email us at LookAfterMe@XperienceDays.com

COMPLAINTS
Problems with the experience are best rectified on the day. Therefore, if there are any problems or complaints, please notify the Service Provider immediately so they have the opportunity to address the issue(s). Xperience Days® Inc. also expects the participant to inform us of the details of the complaint at the earliest reasonable time following the experience.

OTHER TERMS AND CONDITIONS
Xperience Days® Inc. is independently owned and operated. Xperience Days® Inc. Service Providers are individually responsible for their health and safety standards and operating practices. Xperience Days® Inc. therefore makes no guarantees of the consistency or efficacy of individual Service Providers.

Xperience Days® Inc. accepts no responsibility and shall not be liable for any loss, injury, claim, cost, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise which arises out of or is in anyway connected with (a) the use and redemption of this certificate or (b) the performance or nonperformance by any Service Providers even if all parties have been advised of the possibility of damages. Xperience Days® Inc. shall under no circumstances be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control.

By exchanging the Xperience Certificate® or Xperience Choice Certificate® for service(s), Purchaser, Recipient, Redeemer and/or Participant accepts all Terms and Conditions stated at the time of service and release Xperience Days® Inc. from any and all liability for any loss, injury, claim, cost or damage directly or indirectly connected with the chosen experience.

If any provision of this Agreement is found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. All clerical errors are subject to correction. The failure of Xperience Days® Inc. to enforce at any time any of the provisions of the Agreement shall not be construed to be a waiver of such provisions or the right of Xperience Days Inc. to enforce such provisions in the future. The Purchaser, Recipient, Redeemer and/or Participant may not assign any rights under this Agreement without the written consent of Xperience Days® Inc. The Purchaser, Recipient, Redeemer and/or Participant shall have no right to set off amounts due with respect to one transaction for claims under any other transaction with Xperience Days Inc.

Any disputes arising under this Agreement shall be resolved, if not sooner settled, by a state or federal court of competent jurisdiction located in Virginia, U.S.A., and the Purchaser, Recipient, Redeemer and/or Participant hereby irrevocably submits to the exclusive jurisdiction of such courts. These Terms and Conditions are subject to change.

DEFINITIONS

Purchaser
The person who completes the financial transaction with Xperience Days® Inc. An electronic receipt will be provided to the purchaser at the time of the transaction.

Service Provider
Any corporation, individual or group of individuals designated by Xperience Days® Inc. engaged in the provision of experiences or related materials.

Recipient
The person or persons designated to participate in the experience by the purchaser.

Redeemer
The person or persons who request a reservation for a date(s) of service with the Xperience Days® Inc. Service Provider for an experience.

Participant
The person or persons who participate in the experience.

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