TERMS OF SERVICE
TERMS OF SERVICE
(Updated March 23, 2020)
The following Terms of Service are entered into by and between you (the “client,” the “user” or “you”) and Hiking the Ozarks LLC (“Hiking the Ozarks,” the “Company,” “we,” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of hikingtheozarks.com or hikingtheozarksevents.com, including any content, functionality or services offered on or through hikingtheozarks.com or hikingtheozarksevents.com (collectively, the “Website”), whether as a guest or a client.
Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy and Disclaimer, incorporated herein by reference. If you do not want to agree to these Terms of Service, including the agreements incorporated by reference herein, you must not access or use the Website or any of our services including any classes (in person, on line or via mobile applications), masterclasses, programs, excursions, itineraries, or expeditions (collectively, the “services”).
This Website is offered and available to users who are 17 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
PRIVACY POLICY & DISCLAIMER
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs clients of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Service.Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs clients of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Service.
SERVICE, PAYMENT, CANCELLATION AND RELATED MATTERS
1. CLASSES AND PAYMENTS
Payment for classes are non-refundable and cannot be exchanged, unless explicitly provided at the time of purchase. To complete an excursion you must send us a completed Application Form (which constitutes acceptance by you of these Terms of Service) with a deposit of $500 or 25% of the service cost, whichever is greater. The remaining payment will be due at least 90 days prior to your departure date for the service, depending on the excursion. All deposits are NON REFUNDABLE.The client agrees to inform Hiking the Ozarks at the time the Application Form is submitted about any pending or actual sponsorship, employment, contract or agency relationship related to the client’s participation in the client’s service.
2. CANCELLATION POLICY
A Notice of cancellation for excursions shall be sent by the client in writing and refunds will be made as follows:Cancellation before 120 days of the client’s service start date incur a 50% cancellation fee plus any additional costs paid for by Hiking the Ozarks on the client’s behalf. Cancellation within 120 days of the client’s service start date for the service are NON REFUNDABLE. The client is responsible for making payments according to the cancelation policy above and may not receive notice of payment due dates from Hiking the Ozarks. Late payments will result in cancellation of program reservations and forfeiture of all deposits and fees paid. Hiking the Ozarks reserves the right to cancel a service for any reason prior to the client’s service start date and will refund any deposits and fees paid by the client. Fees already paid by Hiking the Ozarks to service affiliates and service providers on the client’s behalf are not refundable. If Hiking the Ozarks cancels a service and refunds the client’s deposits and fees paid to it for any reason, Hiking the Ozarks shall be released from any further liability to client, including but not limited to liability for additional costs the client may have incurred.
3. LIABILITY
Hiking the Ozarks will not take any responsibility regarding changes and alterations in the service itinerary due to unavoidable circumstances such as landslides, road blockages, floods, snow, political-unrest, cancellation of flights, delay arrival, sickness, pandemics, natural disasters, acts of terrorism or accidents. Any extra cost incurred thereof shall be borne by the client. All clients are advised to obtain appropriate insurance to adequately cover against medical and personal accident risk.
4. ASSUMPTION OF RISK
The client understands that during the course of any service, certain risks and dangers may occur, including, but not limited to, the hazards of traveling to and in national or state parks and/or mountainous terrain, accident or illness in remote places without medical facilities, and forces of nature. The client agrees to assume all risks associated with the services, and agrees that no liability will be attached to the company or its outfitters, employees or agents, or to any member of the service group in respect to death, personal injury, illness or delay of traveler/trekker, or for any loss or damage to the property of the traveler/trekker during the course of the service, however caused.
5. TRAVEL INSURANCE
It is highly advisable that the client obtain appropriate travel and medical insurance that covers service cancellation, accidents, health, emergency evacuation, and loss of items, theft of or damage to baggage and personal effects.
6. CHILDREN
A legal guardian must accompany any child participating in the services who is under the age of seventeen. If you have a question regarding age and suitability, please contact us for more information and we will assist to our utmost ability. However, you acknowledge that it is the legal guardian that is responsible to assess suitability of any service for their child.
7. PUBLICITY AND SPECIAL EQUIPMENT
Clients authorize and release to Hiking the Ozarks the use of their image in any photograph or video recording taken during the course of any service for any legal purpose of Hiking the Ozarks.
8. COMMUNICATIONS
The client will inform the guide, service leader or Hiking the Ozarks directly about any concerns or complaints about the service at the earliest opportunity to allow them to correct the situation. The client agrees not to participate in the publishing of any service-related news, webcasts or other media content during the course of the service without Hiking the Ozarks’s prior written consent.
9. AMENDMENT OF SERVICE COST
Hiking the Ozarks reserves the right to change any of its pricing on its website or in marketing materials at any time and without notice.
10. UNFORESEEN CIRCUMSTANCES
Hiking the Ozarks reserves the right to cancel or change the itinerary for the client’s service if, in Hiking the Ozarks’s sole discretion, Hiking the Ozarks finds it necessary for the safe and proper execution of the service. The client acknowledges that service plans are subject to change based on any number of factors, including but not limited to, foreign government declarations or actions, unfavorable climate, natural disasters, pandemics, war, conflict, currency fluctuations, or changes in costs. Hiking the Ozarks reserves the right to change the client’s service to accommodate any of these changing circumstances, where possible, including but not limited to increase service costs or change services, without notice and without refund. If Hiking the Ozarks must cancel the client’s service as noted above, we will do our utmost to refer you to an alternative service of a similar standard and, to the extent no such alternate is suitable to client, all money paid by the client to Hiking the Ozarks will be refunded, minus costs incurred by Hiking the Ozarks on the client’s behalf. Any and all other costs incurred by the client are entirely the client’s responsibility.The client agrees that the cost of any search and rescue undertaken on their behalf will be their sole financial responsibility, including costs incurred by Hiking the Ozarks, other expeditions, relevant governments or other entities. Furthermore, the client understands that certain events may occur in the course of any service that may necessitate certain additional costs, including but not limited to search and rescue, evacuation, medical treatment, and other related matters. The client agrees that those additional costs are the responsibility of the client or the client’s successors, and not Hiking the Ozarks’s responsibilities.
11. CLIENT IS RESPONSIBLE
Hiking the Ozarks requires all clients to provide us true, complete and accurate information on the Application Form and all other personal or medical information provided by the client to us, whether in writing or otherwise.
The client is expected to be physically and mentally prepared for their service. We reserve the right to cancel a client’s service at any time based on any new factors that Hiking the Ozarks discovers and for which the client has not made us aware.We or any of our guides, or any of our affiliates or their employees, agents or guides representing Hiking the Ozarks, will have full authority during your service, and may send the client to a lower altitude at any time if it is deemed, in the sole discretion of Hiking the Ozarks or any of its representatives, in the best interest of the client or any other person.
If you commit any unlawful act, you may be compelled to leave the service immediately and no refund will be made in such a case and all costs associated with leaving the service will be borne by the client. For purposes of these Terms of Service, an unlawful act is defined as anything that would be deemed illegal in the United States of America or the State of Missouri.
The client understands that NO GUARANTEES have been made with respect to the service or any of its objectives.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
NO UNLAWFUL OR PROHIBITED USE & INTELLECTUAL PROPERTY RESTRICTIONS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Service.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Service.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as health, legal or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
USE OF PROGRAMS
The Company grants you a limited, personal, non-exclusive, non-transferable license to use our services for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the services in any manner.
By ordering or participating in the services, you agree that the services you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in services, you further agree that you shall not create any derivative work based upon the services and you shall not offer any competing products or services based upon any information contained in the services.
USE OF FREE CONTENT
The Company provides various resources on this Website, which users may access by providing an email address and/or phone number. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address and/or phone number (the “Free Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.
By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.
GUESTS
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
NO WARRANTIES
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD OR OTHERWISE ACCESS FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company from our offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Company services in any country or in any manner prohibited by any applicable laws, restrictions or regulations. INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the client and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the client and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CONTACT US
You may contact us if you have any questions about these Terms of Service at the information below:
Hiking the Ozarks LLC
PO Box 244
Chadwick, MO 65629
Email: dan@hikingtheozarks.com
(Updated March 23, 2020)
The following Terms of Service are entered into by and between you (the “client,” the “user” or “you”) and Hiking the Ozarks LLC (“Hiking the Ozarks,” the “Company,” “we,” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of hikingtheozarks.com or hikingtheozarksevents.com, including any content, functionality or services offered on or through hikingtheozarks.com or hikingtheozarksevents.com (collectively, the “Website”), whether as a guest or a client.
Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy and Disclaimer, incorporated herein by reference. If you do not want to agree to these Terms of Service, including the agreements incorporated by reference herein, you must not access or use the Website or any of our services including any classes (in person, on line or via mobile applications), masterclasses, programs, excursions, itineraries, or expeditions (collectively, the “services”).
This Website is offered and available to users who are 17 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
PRIVACY POLICY & DISCLAIMER
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs clients of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Service.Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs clients of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Service.
SERVICE, PAYMENT, CANCELLATION AND RELATED MATTERS
1. CLASSES AND PAYMENTS
Payment for classes are non-refundable and cannot be exchanged, unless explicitly provided at the time of purchase. To complete an excursion you must send us a completed Application Form (which constitutes acceptance by you of these Terms of Service) with a deposit of $500 or 25% of the service cost, whichever is greater. The remaining payment will be due at least 90 days prior to your departure date for the service, depending on the excursion. All deposits are NON REFUNDABLE.The client agrees to inform Hiking the Ozarks at the time the Application Form is submitted about any pending or actual sponsorship, employment, contract or agency relationship related to the client’s participation in the client’s service.
2. CANCELLATION POLICY
A Notice of cancellation for excursions shall be sent by the client in writing and refunds will be made as follows:Cancellation before 120 days of the client’s service start date incur a 50% cancellation fee plus any additional costs paid for by Hiking the Ozarks on the client’s behalf. Cancellation within 120 days of the client’s service start date for the service are NON REFUNDABLE. The client is responsible for making payments according to the cancelation policy above and may not receive notice of payment due dates from Hiking the Ozarks. Late payments will result in cancellation of program reservations and forfeiture of all deposits and fees paid. Hiking the Ozarks reserves the right to cancel a service for any reason prior to the client’s service start date and will refund any deposits and fees paid by the client. Fees already paid by Hiking the Ozarks to service affiliates and service providers on the client’s behalf are not refundable. If Hiking the Ozarks cancels a service and refunds the client’s deposits and fees paid to it for any reason, Hiking the Ozarks shall be released from any further liability to client, including but not limited to liability for additional costs the client may have incurred.
3. LIABILITY
Hiking the Ozarks will not take any responsibility regarding changes and alterations in the service itinerary due to unavoidable circumstances such as landslides, road blockages, floods, snow, political-unrest, cancellation of flights, delay arrival, sickness, pandemics, natural disasters, acts of terrorism or accidents. Any extra cost incurred thereof shall be borne by the client. All clients are advised to obtain appropriate insurance to adequately cover against medical and personal accident risk.
4. ASSUMPTION OF RISK
The client understands that during the course of any service, certain risks and dangers may occur, including, but not limited to, the hazards of traveling to and in national or state parks and/or mountainous terrain, accident or illness in remote places without medical facilities, and forces of nature. The client agrees to assume all risks associated with the services, and agrees that no liability will be attached to the company or its outfitters, employees or agents, or to any member of the service group in respect to death, personal injury, illness or delay of traveler/trekker, or for any loss or damage to the property of the traveler/trekker during the course of the service, however caused.
5. TRAVEL INSURANCE
It is highly advisable that the client obtain appropriate travel and medical insurance that covers service cancellation, accidents, health, emergency evacuation, and loss of items, theft of or damage to baggage and personal effects.
6. CHILDREN
A legal guardian must accompany any child participating in the services who is under the age of seventeen. If you have a question regarding age and suitability, please contact us for more information and we will assist to our utmost ability. However, you acknowledge that it is the legal guardian that is responsible to assess suitability of any service for their child.
7. PUBLICITY AND SPECIAL EQUIPMENT
Clients authorize and release to Hiking the Ozarks the use of their image in any photograph or video recording taken during the course of any service for any legal purpose of Hiking the Ozarks.
8. COMMUNICATIONS
The client will inform the guide, service leader or Hiking the Ozarks directly about any concerns or complaints about the service at the earliest opportunity to allow them to correct the situation. The client agrees not to participate in the publishing of any service-related news, webcasts or other media content during the course of the service without Hiking the Ozarks’s prior written consent.
9. AMENDMENT OF SERVICE COST
Hiking the Ozarks reserves the right to change any of its pricing on its website or in marketing materials at any time and without notice.
10. UNFORESEEN CIRCUMSTANCES
Hiking the Ozarks reserves the right to cancel or change the itinerary for the client’s service if, in Hiking the Ozarks’s sole discretion, Hiking the Ozarks finds it necessary for the safe and proper execution of the service. The client acknowledges that service plans are subject to change based on any number of factors, including but not limited to, foreign government declarations or actions, unfavorable climate, natural disasters, pandemics, war, conflict, currency fluctuations, or changes in costs. Hiking the Ozarks reserves the right to change the client’s service to accommodate any of these changing circumstances, where possible, including but not limited to increase service costs or change services, without notice and without refund. If Hiking the Ozarks must cancel the client’s service as noted above, we will do our utmost to refer you to an alternative service of a similar standard and, to the extent no such alternate is suitable to client, all money paid by the client to Hiking the Ozarks will be refunded, minus costs incurred by Hiking the Ozarks on the client’s behalf. Any and all other costs incurred by the client are entirely the client’s responsibility.The client agrees that the cost of any search and rescue undertaken on their behalf will be their sole financial responsibility, including costs incurred by Hiking the Ozarks, other expeditions, relevant governments or other entities. Furthermore, the client understands that certain events may occur in the course of any service that may necessitate certain additional costs, including but not limited to search and rescue, evacuation, medical treatment, and other related matters. The client agrees that those additional costs are the responsibility of the client or the client’s successors, and not Hiking the Ozarks’s responsibilities.
11. CLIENT IS RESPONSIBLE
Hiking the Ozarks requires all clients to provide us true, complete and accurate information on the Application Form and all other personal or medical information provided by the client to us, whether in writing or otherwise.
The client is expected to be physically and mentally prepared for their service. We reserve the right to cancel a client’s service at any time based on any new factors that Hiking the Ozarks discovers and for which the client has not made us aware.We or any of our guides, or any of our affiliates or their employees, agents or guides representing Hiking the Ozarks, will have full authority during your service, and may send the client to a lower altitude at any time if it is deemed, in the sole discretion of Hiking the Ozarks or any of its representatives, in the best interest of the client or any other person.
If you commit any unlawful act, you may be compelled to leave the service immediately and no refund will be made in such a case and all costs associated with leaving the service will be borne by the client. For purposes of these Terms of Service, an unlawful act is defined as anything that would be deemed illegal in the United States of America or the State of Missouri.
The client understands that NO GUARANTEES have been made with respect to the service or any of its objectives.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
NO UNLAWFUL OR PROHIBITED USE & INTELLECTUAL PROPERTY RESTRICTIONS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Service.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Service.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as health, legal or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
USE OF PROGRAMS
The Company grants you a limited, personal, non-exclusive, non-transferable license to use our services for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the services in any manner.
By ordering or participating in the services, you agree that the services you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in services, you further agree that you shall not create any derivative work based upon the services and you shall not offer any competing products or services based upon any information contained in the services.
USE OF FREE CONTENT
The Company provides various resources on this Website, which users may access by providing an email address and/or phone number. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address and/or phone number (the “Free Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.
By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.
GUESTS
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
NO WARRANTIES
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD OR OTHERWISE ACCESS FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company from our offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Company services in any country or in any manner prohibited by any applicable laws, restrictions or regulations. INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the client and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the client and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CONTACT US
You may contact us if you have any questions about these Terms of Service at the information below:
Hiking the Ozarks LLC
PO Box 244
Chadwick, MO 65629
Email: dan@hikingtheozarks.com
