Terms and Conditions

Terms and Conditions for The XtraORdinary LLC

Last Updated:

January 10, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

1. INTRODUCTION

These terms and conditions (together with the documents referred to herein) set forth the terms governing your use of our website www.thextraordinary.co (our "Website"), whether as a guest or registered user. Use of our Website includes accessing, browsing, or submitting information through this Website.

By using our Website, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use our Website.

2. INFORMATION ABOUT US

www.thextraordinary.co is operated by The XtraORdinary LLC ("we," "us," or "our"). We are a booking and creative agency specializing in advanced robotic experiences and performances.

3. CHANGES TO THESE TERMS

We reserve the right to amend these terms and conditions at any time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date stated at the top of this document.

4. CHANGES TO OUR WEBSITE

We may update and change our Website from time to time to reflect changes to our services, our users' needs, and our business priorities. We will make reasonable efforts to provide notice of any major changes.

5. ACCESS TO AND USE OF OUR WEBSITE

5.1 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We reserve the right to suspend, withdraw, discontinue or change all or any part of our Website without notice. We shall not be liable to you if for any reason our Website is unavailable at any time or for any period.

5.2 You are responsible for:

(a) Making all arrangements necessary for you to have access to our Website.

(b) Ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

6. INTELLECTUAL PROPERTY RIGHTS

We collect the following personal data:

  1. First Name

  2. Last Name

  3. Email Address

  4. Phone Number

For details on how your data is handled, please refer to our Privacy Policy. By opting in or requesting information, you agree to the terms of our Privacy Policy.

7. Liability and Disclaimers

7.1 The content on our Website is provided for general information only. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date.

7.2 Pricing, availability, and technical specifications regarding robotic experiences displayed on our Website are subject to confirmation during the formal booking process. No information presented on the Website constitutes a binding offer or guarantee of services.

8. SUBMISSION OF INFORMATION AND INQUIRIES

8.1 Any information submitted through our Website, including but not limited to booking inquiries, contact forms, and information requests:

(a) Must be accurate and complete

(b) Must not contain any fraudulent or misleading information

(c) Must not violate any applicable laws or regulations

(d) Must not infringe upon any third-party rights

8.2 By submitting information through our Website, you grant us the right to:

(a) Store and process your information in accordance with our Privacy Policy

(b) Contact you regarding your submission

(c) Use your information for internal business purposes

(d) Share your information with necessary third parties for the purpose of providing our services

9. PRIVACY AND DATA PROTECTION

9.1 All personal information that we collect from you will be processed in accordance with our Privacy Policy, which is incorporated by reference into these terms and conditions. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

9.2 For users in the European Economic Area (EEA), we adhere to applicable data protection laws, including the General Data Protection Regulation (GDPR). Specific rights under GDPR include:

(a) The right to access your personal data

(b) The right to rectification of inaccurate personal data

(c) The right to erasure of personal data

(d) The right to restrict processing of personal data

(e) The right to data portability

(f) The right to object to processing of personal data

10. COOKIES AND TRACKING TECHNOLOGIES

10.1 Our Website uses cookies and similar tracking technologies to distinguish you from other users. This helps us provide you with a better experience when you browse our Website and allows us to improve our Website. By continuing to browse the Website, you consent to our use of cookies.

10.2 We use the following types of cookies:

(a) Strictly necessary cookies required for the operation of our Website

(b) Analytical/performance cookies to analyze how visitors use our Website

(c) Functionality cookies to recognize you when you return to our Website

(d) Targeting cookies to record your visit to our Website and the pages you have visited

11. THIRD-PARTY LINKS AND RESOURCES

11.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11.2 Any third-party websites linked to or from our Website may have their own terms and conditions. We are not responsible for the terms, content, or practices of any third-party website.

12. LIMITATION OF LIABILITY

12.1 Nothing in these terms and conditions excludes or limits our liability for:

(a) Death or personal injury caused by our negligence

(b) Fraud or fraudulent misrepresentation

(c) Any liability that cannot be excluded or limited by law

12.2 To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

13. INDEMNIFICATION AND USER CONDUCT

13.1 You hereby agree to indemnify, defend, and hold harmless The XtraORdinary LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

(a) Any violation of these terms and conditions

(b) Any activity related to your use of the Website

(c) Any claims brought by third parties arising from your use of the Website

13.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

(a) Using the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website

(b) Attempting to circumvent any content-filtering techniques we employ

(c) Developing, supporting, or using software, devices, scripts, robots, or any other means or processes to scrape or crawl the Website

(d) Attempting to access areas/features of the Website without authorization

(e) Uploading or transmitting viruses, malware, or other malicious code

(f) Using the Website for any illegal or unauthorized purpose

14. TERMINATION AND SUSPENSION

14.1 We may terminate or suspend your access to all or any part of the Website:

(a) Immediately upon notice to you

(b) Without prior notice where we reasonably believe you have breached these terms

(c) For any conduct that we believe is harmful to other users or our business interests

14.2 Upon termination:

(a) All rights granted to you under these terms will immediately cease

(b) You must cease all activities authorized by these terms

(c) You must immediately destroy any downloaded or printed materials obtained from the Website

15. GOVERNING LAW AND JURISDICTION

15.1 These terms and conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by Florida law.

15.2 The courts of Florida will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

16. GENERAL PROVISIONS

16.1 Severability

If any provision of these terms and conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms and conditions will otherwise remain in full force and effect and enforceable.

16.2 Waiver

No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

16.3 Assignment

These terms and conditions are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

17. CONTACT INFORMATION

17.1 To contact us regarding these terms and conditions, please use the following details:

The XtraORdinary LLC

Address: 25 Southeast 2nd Avenue, Miami, FL 33131

Email: [email protected]

17.2 For urgent matters requiring immediate attention, please contact us by telephone. For all other matters, please contact us by email.

18. ACKNOWLEDGMENT

These terms and conditions, together with our Privacy Policy and any additional terms specifically referenced herein, constitute the entire agreement between you and The XtraORdinary LLC regarding your use of the Website.