Terms and Conditions

Agreement between User and guidedoutdoors.com

Welcome to guidedoutdoors.com. The guidedoutdoors.com website (the “Site”) is comprised of various web pages operated by Guided Outdoors LLC (“Guided Outdoors”). guidedoutdoors.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of guidedoutdoors.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

guidedoutdoors.com is a Outdoor Activities Marketplace Site.

Guided Outdoors offers a marketplace for outdoor guides to post their trips as listings for clients to book those trips. Guided Outdoors provides the platform to book the trip, we do not accept any liability for the trip itself or transportation to and from the trip.

Privacy

Your use of guidedoutdoors.com is subject to Guided Outdoors’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting guidedoutdoors.com or sending emails to Guided Outdoors constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Guided Outdoors is not responsible for third party access to your account that results from theft or misappropriation of your account. Guided Outdoors and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

Children Under Eighteen

Guided Outdoors does not knowingly collect, either online or offline, personal information from persons under the age of 18. Users must be over the age of 18 to use guidedoutdoors.com.

Cancellation/Refund Policy

Our refunds are handled on an individual basis by the guide/outfitter whom the trip is booked through. The 50% deposit paid to book the trip is non-refundable unless the exception is fulfilled that is described below. Guided Outdoors, LLC is not responsible for refunds. Some Guides may not allow a deposit, in this case the refund would be governed by that Guide’s refund policy. Each guide has their own refund policy that will be clearly stated in each listing. Any refunds and/or cancellations will be handled through the outfit/guide. If having issues connecting with the guide/outfitter, fill out a contact form and a Guided Outdoors representative will attempt to mediate the refund. ALL fees, commission, and initial deposits to the Guides are non-refundable.

EXCEPTION: Guides/Outfitters hold the right to cancel bookings, however if a booking is cancelled by the guide/outfitter the Guide will have two options.

1. The 50% initial deposit must be refunded to the client including the fees (less any Stripe fees incurred) collected by Guided Outdoors, in this case the deposit will be refunded by the guide/outfitter and the fees (less any Stripe fees incurred) will be refunded to the client by Guided Outdoors, LLC. As stated above, it is left to the Guide whether or not to abide by the industry standard of a 50% deposit rule. If a Guide does not abide by the 50% deposit preset by Guided Outdoors, LLC the Guide’s individual refund policy will govern the refund amount and nature of the return if any.
2. The Guide must offer a credit to reschedule a trip of equal value. If this occurs, please be sure to notify Guided Outdoors, LLC to avoid any double bookings on the rescheduled dates.

Cancellation Policy

Cancellations created by the client will not be refunded their deposit amount (50%) nor fees. All orders with a deposit must follow the guides full payment policy. Each guide will have their own policy. For any cancellations made by the guide/outfitter please review the policy above. All unpaid orders will be cancelled within 24 hours of the initial booking if no payment has been made.

Links to Third Party Sites/Third Party Services

guidedoutdoors.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Guided Outdoors and Guided Outdoors is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Guided Outdoors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Guided Outdoors of the site or any association with its operators.

Certain services made available via guidedoutdoors.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the guidedoutdoors.com domain, you hereby acknowledge and consent that Guided Outdoors may share such information and data with any third party with whom Guided Outdoors has a contractual relationship to provide the requested product, service or functionality on behalf of guidedoutdoors.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use guidedoutdoors.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Guided Outdoors that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Guided Outdoors or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Guided Outdoors content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Guided Outdoors and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Guided Outdoors or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Guided Outdoors has no obligation to monitor the Communication Services. However, Guided Outdoors reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Guided Outdoors reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Guided Outdoors reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Guided Outdoors’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Guided Outdoors does not control or endorse the content, messages or information found in any Communication Service and, therefore, Guided Outdoors specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Guided Outdoors spokespersons, and their views do not necessarily reflect those of Guided Outdoors.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to guidedoutdoors.com or Posted on Any Guided Outdoors Web Page

Guided Outdoors does not claim ownership of the materials you provide to guidedoutdoors.com (including feedback and suggestions) or post, upload, input or submit to any Guided Outdoors Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Guided Outdoors, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Guided Outdoors is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Guided Outdoors’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Guided Outdoors account to third party accounts. By connecting your Guided Outdoors account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Guided Outdoors from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Guided Outdoors Content accessed through guidedoutdoors.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Guided Outdoors, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Guided Outdoors reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Guided Outdoors in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Guided Outdoors agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GUIDED OUTDOORS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

GUIDED OUTDOORS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GUIDED OUTDOORS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUIDED OUTDOORS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GUIDED OUTDOORS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Guided Outdoors LLC is not responsible for any liability that incurs in transit to or from the booked location. Guided Outdoors LLC is not responsible for any liability that incurs at the place of booking. Guided Outdoors LLC is not responsible for any payments that are conducted outside of guidedoutdoors.com. Guided Outdoors LLC is not responsible for any guide/outfitter cancellations or “no-shows”. Guided Outdoors LLC is not responsible for any client cancellations or “no-shows”. The guide/outfitter may require a release of liability form signed at the time of arrival to the booked trip. Guided Outdoors LLC is not liable for the actions of guides, outfitters, and charters, this includes but is not limited to: operation a vessel unlawfully, illegally harvesting wildlife, operating as a guide without correct certifications & licensure, illegally taking clients on trips, unsafe operations, etc.

Termination/Access Restriction

Guided Outdoors reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Guided Outdoors as a result of this agreement or use of the Site. Guided Outdoors’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Guided Outdoors’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Guided Outdoors with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Guided Outdoors with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Guided Outdoors with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Guided Outdoors reserves the right, in its sole discretion, to change the Terms under which guidedoutdoors.com is offered. The most current version of the Terms will supersede all previous versions. Guided Outdoors encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Guided Outdoors welcomes your questions or comments regarding the Terms:

Guided Outdoors LLC

Email Address:

support@guidedoutdoors.com

Effective as of March 10, 2023