Last Updated: January 3, 2023
PLEASE NOTE: SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
1. ACCEPTANCE OF TERMS
By using the Site, creating an account and checking the “I agree” (or similar) box, or otherwise accessing or using the Site or our Services (defined below), you
2. OUR SERVICES
Mountain Travel is the Adventure Company.
To assist our guest/participants/participants with selecting a trip, our Site offers information about our destinations, trips and activities. Our Site also allows guest/participants/participants to create an account and access the Mountain Travel account, the online Guest/participant Service and Communication portal (collectively, “Services” or “Our Services ”).
3. YOUR USE OF OUR SERVICES
You agree not to engage in any of the following prohibited activities:
Copying, distributing or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping.”
Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Mountain Travel servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Mountain Travel grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
Transmitting spam, chain letters or other unsolicited promotional email.
Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
Taking any action that imposes – or may impose, as we determine at our sole discretion – an unreasonable or disproportionately large load on our infrastructure.
Uploading invalid data, viruses, worms or other software agents through the Site, including through any of Your Content (defined below).
Collecting or harvesting any personally identifiable information, including account names and emails, from the Site.
Using the Site for any commercial solicitation purposes, except as explicitly provided for by these Terms.
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
Interfering with the proper working of the Site.
Accessing any content on the Site through any technology or means other than those provided or authorized by the Site.
Bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content.
4. YOUR ACCOUNT
In order to access certain features and functions of the Site – that we may establish, maintain, and modify, from time to time and in our sole discretion – you will need to create a Mountain Travel account. Upon completing the Mountain Travel account registration process, you will be prompted to select a permanent User Name and Password.
You are responsible for tracking all activity on your own account, and you agree to:
Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”). Creating an account with false information is a violation of our terms.
Maintain and promptly update the Registration Data, and any other information you provide to Mountain Travel, to keep it accurate, current and complete.
Maintain the security of your password and identification.
Notify Mountain Travel immediately of any unauthorized use of your account or other breach of security.
Accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees).
Accept all risks of unauthorized access to the Registration Data and any other information you provide to Mountain Travel.
Never transfer your account to another person.
These Terms and/or your use of the Site do not create any agency, partnership, joint venture, employment or franchise relationship between you and Mountain Travel.
5. YOUR CONTENT
Content that you upload, post or otherwise submit and make available using our Services – for example, photographs that you upload to our online galleries – is your content (“Your Content”). You retain any copyright that you have in Your Content.
5.1 Responsibility for Your Content. Mountain Travel is not in a position to offer legal advice or make legal determinations as to whether Your Content infringes someone else’s intellectual property. You understand that you are solely responsible for Your Content, and you represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it. Violating the intellectual property rights of brands or other rights owners may result in legal consequences. IMPORTANT: This section does not constitute legal advice. You should consult a lawyer if you have a specific question about the rights of others.
5.2 Permission to Use Your Content. By posting Your Content, you grant Mountain Travel a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Mountain Travel or the Services in general, in any formats and through any channels, including across any partners or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
5.3 Objectionable Content. You may not post content which includes, but is not limited to: (i) content which is obscene, misleading, libelous, violent, hateful and/or unlawful, or (ii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right. You also may not: (i) harass, threaten, impersonate or intimidate people or entities, or (ii) post private or confidential information including, without limitation, your or any other person’s credit card information, social security number, non-public phone numbers and non-public email addresses.
5.5 Feedback / Contributions. We appreciate any feedback or other suggestions about our Site or Services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them, and that we may disclose the idea(s) on a non-confidential basis or otherwise to anyone. Mountain Travel does not waive any rights to use similar or related ideas previously known to Mountain Travel, or developed by its employees, or obtained from sources other than you.
6. OUR CONTENT
Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, editorial content and the selection and arrangement thereof (“Our Content”), is owned by Mountain Travel, its licensors or its third-party image partners. All elements of the Site, including Our Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Mountain Travel grants you the right to view and use the Site subject to these Terms. You may download or print a copy of information provided in the Site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.
“Mountain Travel”, “The Adventure Company,” “Mountain Travel Sobek,” “Sobek,” and any other product or service name or slogan contained in the Site are trademarks of Mountain Travel, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mountain Travel. You may not use metatags or any other “hidden text” utilizing “Mountain Travel” or any other name, trademark or product or service name of Mountain Travel without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Mountain Travel and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
8.1 Notice. We take claims of alleged infringement seriously, and will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Please see our DMCA Notice.
8.2 IP Enforcement. It is Mountain Travel’ policy, in appropriate circumstances, to terminate the accounts of guest/participants/participants who are repeat infringers or who are repeatedly charged with infringement. Even if you are infringing IP without knowledge, we will still take action and your account might receive a warning or be suspended or terminated. You should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.
11. THIRD-PARTY LINKS
12. INTERNATIONAL USE
The Site is controlled and operated from the United States of America. If you access the Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Mountain Travel makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such content is illegal is prohibited. Those who choose to access the Site and/or utilize the Services from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use the Site or our Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
13. ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails, text messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices or notices and messages on this Site or through our Services, and you can retain copies of these communications for your records. 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.
14.1. Termination by You. You may terminate your Mountain Travel account at any time by emailing us at firstname.lastname@example.org. Terminating your Mountain Travel account will not affect the availability of some of Your Content that you posted to the Site prior to termination.
14.3 We May Discontinue the Site or Services. Mountain Travel reserves the right to change, suspend or discontinue any of the Services or the Site at any time, without advance notice, for any reason. We will not be liable to you for the effect that any change to the Site or Services may have on you.
15. DISCLAIMER OF WARRANTIES
MOUNTAIN TRAVEL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR OUR SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITE AND OUR SERVICES ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
MOUNTAIN TRAVEL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOUNTAIN TRAVEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOUNTAIN TRAVEL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES.
16. LIMITATION OF LIABILITY
16.1 Content You Access. Our Site and/or Services may allow the sharing of information in many ways, such as through guest/participant profiles, group posts, messaging and forums, comments and photography. You may come across material that you find offensive or inappropriate while using our Site and/or our Services. We make no representations concerning any content posted by users through the Site and/or Services. Mountain Travel is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Site and/or Services. You release us from all liability relating to that content.
16.2 People You Interact With. You can use the Site and/or Services to interact with other individuals online. However, you understand that we have no obligation to screen users of our Site and/or Services, or the content they post or share, and you release us from all liability relating to your interactions with other users.
16.3 LIABILITY LIMITS. IN NO EVENT WILL MOUNTAIN TRAVEL, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AFFILIATES OR SHAREHOLDERS BE LIABLE FOR (A) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF ECONOMIC ADVANTAGE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OR (B) ANY DAMAGES WHICH EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID MOUNTAIN TRAVEL IN THE PAST SIX MONTHS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT SHOULD BE CONSTRUED TO THE GREATEST EXTENT APPLICABLE IN SUCH JURISDICTIONS.
You agree to defend and indemnify Mountain Travel (and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates) and hold us harmless from any legal claim or demand (including attorneys’ fees) that arises out of or in connection with your actions, your use (or misuse) of our Site or Services, your breach of the Terms, or your infringement of someone else’s rights, including without any limitation any right of privacy or intellectual property rights.
If we request that you defend a legal claim or demand, you will not agree to any settlement without our prior written consent. In addition, Mountain Travel reserves the right to participate, at our own expense, in the defense of any legal claim or demand with counsel of our own choosing. Backroad also reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
18. GOVERNING LAW
19. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
Delegation. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. Any arbitration under the Terms will take place on an individual basis—class arbitration and class actions are not permitted. Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief before the state or federal courts located in or having jurisdiction over San Francisco County, California, pending a final decision by the arbitrator. A request for interim measures shall not be deemed a waiver of the right to arbitrate. If for any reason a dispute proceeds in court rather than arbitration, you consent to the exclusive jurisdiction and venue in the courts located in or having jurisdiction over San Francisco County, California and hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to said jurisdiction and venue.
20. GENERAL INFORMATION
– Guest/participants/participants traveling with Mountain Travel are required to agree to Mountain Travel Liability Release which governs disputes concerning, relating or referring to that Agreement, Mountain Travel’ brochures or other literature concerning a guest/participant’s trip or the trip itself.
– Guest/participants/participants traveling with Mountain Travel are required to agree to Mountain Travel Code of Conduct, which outlines guest/participant behavior.