Website Use Terms and Conditions
Fat Toe Adventure Co. Terms and Conditions
As of August 1, 2016
The following Terms and Conditions include but are not limited to the items listed below.
Fat Toe Adventure Company LLC is an online service that enables travelers to book tours and activities in Utah and other locations. Fat Toe Adventure Company offers a variety of tours, tickets and services (“Products”), and branded clothing and gear made available by Fat Toe Adventure Company and/or third party suppliers through Fat Toe Adventure Company and its partner’s websites and mobile properties and related applications (collectively, this “Website”). This website is provided to assist customers in gathering tour information, the selling and distribution of Fat Toe related merchandise, the posting of opinions of activities, the sharing of outdoor experiences by contributing authors, and booking travel reservations for products, and for no other purposes.
The terms “we”, “us”, “our”, “Fat Toe Adventure Co.”, “Fat Toe Co.” refer to Fat Toe Adventure Company LLC, a Utah Limited Liability corporation . The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website and the products made available on this website are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.
We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.
Use of the Website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Fat Toe Adventure Company Account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account and contribute to our Website. Fat Toe Adventure Company does not knowingly collect the information of anyone under the age of 18.
Your use of this Website is intended for personal, noncommercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Website to make any speculative, false or fraudulent requests.
You further represent and warrant that you (a) have not previously been suspended by Fat Toe Adventure Company or otherwise banned from using the Website; (b) are not a direct competitor of Fat Toe Adventure Company; (c) you will not have more than one Fat Toe Adventure Company account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While we will do our best to prevent this occurence, Fat Toe Adventure Company does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material),as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Website. Any other use of Fattoeadventure.co content requires the prior written permission of Fat Toe Adventure Company.
Additionally, you agree that you will not and will not assist or enable others to:
- use this Website or its contents for any commercial or unlawful purpose;
- access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Fat Toe Adventure Company in connection with the Website;
- use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Website;
- use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
- use the Website to promote bigotry or discrimination against protected classes;
- use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the Website to submit or transmit pornography or illegal content;
- use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;
- attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- use the Website to violate the security of any computer network, crack passwords or security encryption codes;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website; or
- remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
You need to create an account and provide information about yourself in order to use some of the features on the Website. You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity),create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. We reserve the right to close your account at any time for any or no reason.
We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you misuse the Website. Any such termination or suspension could prevent you from accessing your account, the Website, your Content, Website Content, or any other related information.
You may terminate your account at any time by closing your account and discontinuing your use of any and all parts of the Website. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.
AS A USER OF THIS WEBSITE, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER Fat Toe Adventure Company LLC NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH Fat Toe Adventure Company LLC AND OTHER USERS.
When you use the Fat Toe Adventure Company Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from e-mail communications at anytime by emailing firstname.lastname@example.org.
You and other users of our Website can contribute to the Website in a number of different ways, including submitting emails, writing reviews, making postings, uploading and posting photos or videos, making comments or suggestions, submitting ideas, filling out public profiles, rating other users’ contributions and making other similar contributions or submissions to the Website or to Fat Toe Adventure Company (collectively, “Content”). We may use your Content in a number of different ways, including, among other things, 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.
Accordingly, please be aware that by submitting Content, you grant Fat Toe Adventure Company and its affiliates a worldwide, nonexclusive, 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 Content 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 Content. You acknowledge that Fat Toe Adventure Company may choose to provide attribution of your comments or reviews at our discretion. You further grant Fat Toe Adventure Company the right to pursue at law any person or entity that violates your or Fat Toe Adventure Company’s rights in the Content by a breach of this Agreement. You acknowledge and agree that Content is non-confidential and non-proprietary. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, 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 Content by Fat Toe Adventure 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 Content; and (d) you forever release Fat Toe Adventure Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against Fat Toe Adventure Company by virtue of any such moral rights.
Fat Toe Adventure Company and its affiliates may display advertisements and other information adjacent to or included with your Content on the Website. You are not entitled to any compensation for such advertisements unless an agreement or contract is created and agreed to by both parties. The manner, mode and extent of such advertising are subject to change without specific notice to you.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website. If Fat Toe Adventure Company provides such resources, you are solely responsible for your use of such Resources and use them at your own risk. By using any Resources, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE),the American Stock Exchange or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Fat Toe Adventure Company;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of Fat Toe Adventure Company, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) may expose Fat Toe Adventure Company or its affiliates or its users to any harm or liability of any type.
You alone are responsible for your Content. You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Fat Toe Adventure Company.
Fat Toe Adventure Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Fat Toe Adventure Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Fat Toe Adventure Company is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other online resource.
Although Fat Toe Adventure Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through any online submission resource, Fat Toe Adventure Company reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense. Fat Toe Adventure Company has no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
Products and Booking Reservations
Fat Toe Adventure Company does not provide accommodations but there may be tours that require hotel stays or camping. AlthoughFat Toe Adventure Company displays information about travel experiences offered by third-party suppliers and facilitates reservations those suppliers, such actions do not in any way imply, suggest, or constituteFat Toe Adventure Company’s sponsorship or approval of third-party suppliers, or any affiliation between Fat Toe Adventure Company and third-party suppliers. AlthoughFat Toe Adventure Company members may rate and review particular travel experiences based on their own experiences,Fat Toe Adventure Company does not endorse or recommend the products or services of any third-party suppliers. You agree thatFat Toe Adventure Company is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its Website.
If you book a reservation for a travel experience through the Website, you agree to review and be bound by the supplier’s terms and conditions and any other rules or policies related to the supplier’s travel experience. Your interactions with third-party suppliers are at your own risk.Fat Toe Adventure Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.
This Website may link you to supplier sites or other websites that Fat Toe Adventure Company does not operate or control.
Modifying or Changing Your Booking
All requests for modifications and amendments to your booking must be directed to the Fat Toe Adventure Company Team, who will process the request. See the section “Payment & Cancellations” below for additional information with respect to canceling a booking.
- Fat Toe Adventure Company does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by our team more than 48 hours ahead of your confirmed tour date..
- All other date-change requests and amendments are subject to availability by our suppliers and/or service providers; Fat Toe Adventure Company cannot guarantee the success of any date-change request..
- If you request a date change within 7 days or less of your confirmed travel date,Fat Toe Adventure Company will attempt to honor your request; however changes made 7 days or less from your original travel date may be subject to an additional fee. For multi-day and overnight tours, date changes made within seven (7) days of your confirmed travel date may also be subject to additional fees..
- If you make a purchase using a Fat Toe Adventure Company promotion code, or if you accept a discount or special-offer price during the Fat Toe Adventure Company checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. Fat Toe Adventure Company may decide, at its sole discretion, to honor your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However, Fat Toe Adventure Company reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.
Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, and other Product features and/or requirements. As a result, Fat Toe Adventure reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at this Website, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price. Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.
Pricing & Inclusions/Exclusions
Prices listed on the Website are per person, unless otherwise specified.
Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by Fat Toe Adventure Company .
Price quotations are subject to change without notice, until a booking has been confirmed. Unless 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.
Prices do not include tips/gratuities to tour guides, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food not specifically listed under “Inclusions” on the product pages of the Website.
Payments & Cancellations
When you book a reservation for a Product through the Website, Fat Toe Adventure Company collects your payment information and processes your payment as described below under “Payment Processing”. Fat Toe Adventure Company accepts the following credit cards: Mastercard, Visa, American Express, Discover. There is no charge or service fee for processing credit or debit card payments. Full payment by credit or debit card is required to make a reservation. Payment will be listed as Fat Toe Adventure Company on the credit or debit card statement.
No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.
Canceling a booking with Fat Toe Adventure Company can result in cancellation fees being applied by Fat Toe Adventure Company, as outlined below. Additional fees may be levied by the individual supplier or tour operator (see your Fat Toe Adventure Company Voucher for specific details). When canceling any booking you will be notified via email or telephone of the total cancellation fees.
- Event, Attraction, Theater, Show or Coupon Ticket
- These are non-refundable in all circumstances.
- Gift Cards
- These are non-refundable in all circumstances.
- Other Tour Products & Services
- If you cancel at least 7 calendar days in advance, there is no cancellation fee.
- If you cancel between 3 and 6 calendar days in advance, you will be charged a 50% cancellation fee.
- If you cancel within 2 calendar days in advance, you will be charged a 100% cancellation fee.
The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on Fattoeadventure.com and Fat Toe Adventure Company-affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.
Under this agreement, the payment processing services for services purchased on this website are provided by Fat Toe Adventure Company through PayPal and are secured with a valid SSL certificate issued through Godaddy.com
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS Fat Toe Adventure Company’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. Fat Toe Adventure Company, ITS PARENT, SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “Fat Toe Adventure Company GROUP COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, Fat Toe Adventure Company EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
THE Fat Toe Adventure Company GROUP COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE Fat Toe Adventure Company GROUP COMPANIES. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE Fat Toe Adventure Company GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THEFat Toe Adventure Company GROUP COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Fat Toe Adventure Company HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
THE THIRD-PARTY SUPPLIERS AND PRIVATE TOUR GUIDES PROVIDING PRODUCTS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE Fat Toe Adventure Company Tour Company GROUP COMPANIES. THEFat Toe Adventure Company GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR PRIVATE TOUR GUIDES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING OF A PRODUCT OR SERVICE OR YOUR USE OF A PRODUCT OR SERVICE. THEFat Toe Adventure Company GROUP COMPANIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE(Force of Nature)OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE Fat Toe Adventure Company GROUP COMPANIES (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, PRODUCT OR SERVICE BOOKINGS MADE BY YOU THROUGH THIS WEBSITE OR YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IFFat Toe Adventure Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If theFat Toe Adventure Company Group Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of our Websites or your booking or use of Products or services made available through our Website, then the Fat Toe Adventure Company Group Companies’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Fat Toe Adventure Company for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Fat Toe Adventure Company Group Companies.
You agree to defend and indemnify Fat Toe Adventure Company and the Fat Toe Adventure Company Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law, rule, regulation or guideline;
- your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
- your use of this Website;
- your booking or use of any Products obtained through this Website; or
- your negligence or willful misconduct.
Links to Third Party Websites
This Website may contain hyperlinks to websites operated by parties other than Fat Toe Adventure Company. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Content Available on this Website
Unless otherwise specified, the Website is made available solely to provide information regarding and to promote Fat Toe Adventure Company’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by Fat Toe Adventure Company from its offices in the State of Utah in the United States. Fat Toe Adventure Company makes no representation that materials on the Website are appropriate or available for use outside of the United States. Those who choose to access the Website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by Fat Toe Adventure Company and/or its affiliates, and is protected by copyright laws. Any reproduction or redistribution of the content is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OF THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION, OR SALE IS EXPRESSLY PROHIBITED.
Copyright and Trademark Notices
All contents of this Website are: ©2016 Fat Toe Adventure Company LLC. All rights reserved. Fat Toe Adventure Company is not responsible for content on websites operated by parties other than Fat Toe Adventure Company. All other product or service names or slogans displayed on this Website are registered and/or common law trademarks ofFat Toe Adventure Company and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fat Toe Adventure Company or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Fat Toe Adventure Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fat Toe Adventure Company. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website 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 Fat Toe Adventure .
If you are aware of an infringement of either your brand or our brand, follow the Copyright Complaint Policy instructions. We only address messages concerning brand infringement at the email address email@example.com. This document has been prepared by Legal Counsel retained by Fat Toe Adventure Company LLC and has been created to meet the requirements of the city of Provo and Utah state laws.
Jurisdiction and Governing Law
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Utah, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Provo, Utah, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Fat Toe Adventure, arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in Provo, Utah. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Fat Toe Adventure Group Companies and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
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 remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Fat Toe Adventure with respect to this Website and it supersedes all prior communications and proposals, whether electronic, oral, or written, between the customer and Fat Toe Adventure with respect to this 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.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event..
Any rights not expressly granted herein are reserved by Fat Toe Adventure Company LLC and will be applied when necessary.