top of page

Terms of Use

​

Last Modified: June 6, 2023

​

1. Acceptance of the Terms of Use

​

These terms of use are entered into by and between You and Piolet, LLC, a Michigan LLC doing business as Adventurtle (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  “Terms of Use”), govern your access to and use of https://www.adventurtle.com/, including any content, functionality, and services offered on or through https://www.adventurtle.com/ (the “Website”) and the Adventurtle (the “App”), whether as a guest or a registered user. Together, the Website and the App are referred to below as the “Services.”

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.adventurtle.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. 

The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, 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 Services.

​

2. Changes to the Terms of Use

​

We may revise and update these Terms of Use 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 Services thereafter. 

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

​

3. Accessing the Services and Account Security

​

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Services to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services.

  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services, 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 Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services, or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy https://www.adventurtle.com/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 the Services, or portions of either 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 Use.

AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) WE WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED BOOKINGS MADE USING YOUR ACCOUNT AND/OR YOUR ACCOUNT CREDENTIALS; AND (2) THE UNAUTHORIZED USE OF YOUR ACCOUNT AND/OR YOUR ACCOUNT CREDENTIALS COULD CAUSE YOU TO INCUR LIABILITY TO BOTH US AND OTHER USERS.

You may delete your account at any time by accessing your profile page, clicking “Delete Account,” and following the provided instructions. All aspects of your account may not be immediately deleted. We reserve the right to cancel all bookings and requests in order to process your account deletion request. 

​

4. Intellectual Property Rights

​

The Services, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only (except to the extent that you are a third party permitted to offer goods or services though the Services). 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Services.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services (except to the extent that you are a third party permitted to offer goods or services though the Services). 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services, or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

​

5. Trademarks

​

The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

​

6. Prohibited Uses

​

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards below set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Services.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services. 

  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Services.

 

7. User Contributions

​

The Services may allow you to contribute to the Services’ content in a variety of ways (together, “Interactive Services”), that allow users to post, submit, publish, display, or transmit to other users or other persons (“post’) content or materials (collectively, “User Contributions”) on or through the Services. User Contributions may include sending messages, creating public or semi-public profiles, writing reviews, making postings, uploading and posting photos or other media, making comments or suggestions, submitting ideas, rating other users' contributions, and making other similar contributions or submissions to the Services. We may use User Contributions in a number of different ways, including but not limited to displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites, mobile properties, applications, and media platforms.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. 

By submitting any User Contribution, you grant the Company and its affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Contribution throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such User Contribution. You acknowledge that the Company may choose to provide attribution of your User Contribution at our discretion. You further grant the Company the right to pursue at law any person or entity that violates your or the Company's rights in the User Contribution by a breach of these Terms of Use. You acknowledge and agree that any User Contribution is non-confidential and non-proprietary. If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Contribution, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Contribution, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Contribution by the Company or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Contribution; and (d) you forever release the Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against the Company by virtue of any such moral rights.

The Company and its affiliates may display advertisements and other information adjacent to or included with your User Contribution on the Services. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. 

​

8. Monitoring and Enforcement; Termination

​

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Users understand that the Company is a service whereby individuals seeking certain guided experiences (each a “Traveler”) and individuals seeking to guide such experiences (“Guides”) may purchase and offer related goods and services. The Company assumes no liability for determining whether a Traveler has the mental or physical capacity or capability to undergo any of the trips that are advertised through the Services. It is the responsibility of Travelers and Guides to determine their skill level, fitness, and the appropriateness of a particular purchase or sale before entering into a transaction through the Services.

We assume no liability for any action or inaction that a user takes as a result of communications or services that are arranged through the Services.  We assume no liability for any injuries that occur to a Traveler or Guide while completing an adventure that was booked through the Services. We assume no liability for disputes that arise involving users who fail to strictly adhere to these Terms of Use. We assume no liability or responsibility for any adverse consequences that results in relation to the rating system used on the Services and by using the Services, users acknowledge that such rating system is subjective and ratings are submitted by other users to the Services.

​

9. Content Standards

​

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://www.adventurtle.com/privacy-policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

  • ​

10. Copyright Infringement

​

If you believe that any User Contributions violate your copyright, please contact us at: contact@adventurtle.com.

​

11. Reliance on Information Posted

​

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

​

12. Changes to the Services

​

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. 

​

13. Information About You and Your Visits to the Services

​

All information we collect on the Services is subject to our Privacy Policy https://www.adventurtle.com/privacy-policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

​

14. Online Purchases and Other Terms and Conditions

​

Company provides the Services through which you can enter into a contract with a third party supplier of a product or service ("Supplier"). Company is not a supplier of any product or service offered by a Supplier, and your contract with a Supplier will be directly between you and the applicable Supplier. In each transaction between a user and a Supplier, Company acts as a disclosed agent on behalf of the Supplier, meaning that a product or service listing represents an invitation to you to make an offer to a Supplier, and that we or Supplier are free to accept or reject such offer. The provision of the product or service that you book will be subject to the terms and conditions displayed on the Services, any information made available to you during the booking process (whether made available by us or the Supplier), and the terms and conditions of the Supplier with whom you have a legal contract.

If you make a booking, you agree to review and be bound by the applicable Supplier's terms and conditions and any other rules or policies related to the product (the "Supplier Terms"). Notwithstanding the foregoing, to the extent that the Supplier Terms conflict with these Terms of Use in connection with your legal relationship with Company, these Terms of Use shall prevail. Your interactions with Suppliers are at your own risk. Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Supplier.

Company is not a travel agency and does not provide or own any product or service offered by a Supplier. Although Company provides the Services with information about products and services, such actions do not in any way constitute Company's sponsorship or approval of such Suppliers, or any affiliation between Company and any Supplier. Although users may rate and review particular products or services based on their own experiences, Company does not endorse or recommend any products. You agree that Company is not responsible for the accuracy or completeness of information it obtains from Suppliers and/or that is displayed on the Services.

By making a booking, you warrant that you are at least 18 years of age, that you possess the legal authority to enter into both this binding agreement and a binding agreement with the Supplier, to use the Services, to purchase the product, and that all information you supply is true, accurate, and does not omit any material information. You further agree that you will use the Services to make only legitimate bookings for you and/or others for whom you are legally authorized to act.

authorized to act.

​

15. Pricing and Payments

​

The price of each product will be quoted on a per-person basis, unless otherwise specified. Price quotations are subject to change without notice, until a booking has been made. Unless the Supplier has otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

Inclusions are determined by the Supplier. Prices do not include tips/gratuities; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food that the Supplier has not specifically stated are included.

When you make a booking, Company collects your payment information and processes your payment as described in this section. In doing so, Company acts as the limited payment collection agent of the Supplier, collecting your payment for the applicable product(s) on behalf of such Supplier. Full payment by credit or debit card is required to make a booking, unless otherwise specified. 

The value of your booking may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed through the Services, and the final amount charged to you. Company recommends that you contact your bank or card company if you have any questions concerning any applicable currency conversion or fees.

Under these Terms of Use, the payment processing services for the Services are provided by Stripe, and such payment processing services are subject to all applicable terms and conditions available at Stripe.com, which may include Stripe’s End User License Agreement  (https://stripe.com/legal/end-users) and Privacy Policy (https://stripe.com/privacy). 

​

16. Modifications or Cancellations

​

Once a booking is completed, it cannot be changed by you or cancelled with a refund, unless otherwise stated in the terms and conditions applicable to such booking. The standard cancellation policy allows you to request a change to and/or cancel a booking up until 24 hours before the start time of the booking; or if the booking does not have an explicit start time, the deadline to request a change or to cancel will generally be 11:59pm, two days before the start date. Timings are calculated in accordance with the time zone of the booking.

If any booking is designated as 'All Sales Final' or with materially similar messaging, it is non-refundable, and it will not be possible to change or cancel it after making a booking. Some bookings may have other, different cancellation policies. In all circumstances, you must check the cancellation policy contained in the applicable booking listing at the time of your booking, which is the policy that will apply to and govern the terms of your cancellation and any refunds.

In all cases, (a) requests for modifications and amendments to a booking, including date change requests (collectively, a "Change Request") should be made through the Services; and (b) if it is possible to implement a Change Request, Company shall not charge a fee for doing so, as long as the Change Request is received by us by the deadline specified in the booking listing. Please note that a Supplier may charge a fee to accommodate a Change Request; in such circumstances, you will be required to pay such fee in order that Company may successfully process your Change Request.

All Change Requests shall be processed by Company subject to the availability and agreement of the applicable Supplier. Company does not guarantee the success of any Change Request. To the extent the Supplier is unwilling or unable to accept such Change Request, then your right to a refund (if any) shall be governed by the cancellation terms of your booking.

If you make a booking using a promotion code, or if you accept a discount or special-offer price during the check-out process, you may invalidate your discount or special-offer price by making a Change Request after booking.

No refunds are available once a booking has commenced, or in respect of any booking's package, accommodation, meals or any other services that have started to be utilized.

Occasionally a Supplier may make a change to a booking after your purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other booking features and/or requirements. As a result, Company (acting on the Supplier’s behalf), reserves the right to cancel, change or substitute any booking that you have purchased, at any time, for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change to the itinerary), and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original purchase price.

We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier's interests and/or your interests, to withdraw our Services resulting in an override of the booking's cancellation policy and the effective cancellation of a booking. We may also determine, in our sole discretion, to arrange refund to you part or all of the amounts charged to you. You agree that we and the applicable Supplier shall have no liability for such cancellations or refunds.

​

17. Linking to the Services and Social Media Features

​

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.

  • Send emails or other communications with certain content, or links to certain content, on the Services.

  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Services other than the homepage.

  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any

​

18. Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

​

19. Geographic Restrictions

​

The owner of the Services is based in the state of Michigan in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

​

20. Disclaimer of Warranties

​

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES  IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​

21. Limitation on Liability

​

COMPANY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK, AND COMPANY IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, 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 USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​

22. Indemnification

​

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of a Service’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

​

23. Governing Law and Jurisdiction

​

All matters relating to the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the state of Michigan, in each case located in the City of Lansing and County of Ingham. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

​

24. Arbitration

​

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.

​

25. Limitation on Time to File Claims

​

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

​

26. Waiver and Severability

​

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

​

27. Entire Agreement

​

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

​

28. Your Comments and Concerns

​

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: contact@adventurtle.com.

37255:00001:7130469-1

bottom of page