1. INTRODUCTION

Please read these Terms of Service (the “Contract”) carefully before using “www.guideauthority.com” and the affiliated mobile site (collectively, the “Owned Websites”). Within the Contract, “Guide Authority North”, “Guide Authority”, “we,” “us,” and “our” mean Guide Authority North Inc., a corporation established under the laws of Ontario and “you” and “user” (including the plural “users”) refer to you, the individual accessing the Owned Websites.

The Owned Websites are owned and operated by Guide Authority North. The Contract constitutes a binding agreement between you the user and us, the website operator. By accessing and/or using the Owned Websites, you, the user, hereby agree to all of the terms and conditions contained in the Contract and set out below.

DO NOT USE THE OWNED SITES if you do not agree to all of the terms and conditions contained in the Contract. Your access to, and use of, the Owned Websites is conditioned on your acceptance of, and compliance with, the Contract. The Contract applies to all visitors, users and others who access or use the Owned Websites.

By accessing or using the Owned Websites you agree to be bound by the Contract and you agree to be solely responsible for any fees, including Internet connection or mobile connection fees that you the user incur when accessing the Owned Websites.

2. GUIDE AUTHORITY CONTENT

The Owned Websites and the text, photos, videos, graphics, post and blog layouts and guide booking software (the “Content”) displayed and presented on the Owned Websites, are protected by trademark, copyright, domain name registration, trade dress, patent, international treaties and/or other proprietary rights and laws of the Provinces and Territories of Canada. Except as otherwise indicated on the Owned Sites, and except for the trademarks, logos and trade names of other companies that are or may be displayed on the Owned Websites, all trademarks, logos, and trade names are proprietary to Guide Authority North, including without limitation, the GuideAuthority.com logo and website style. Please be advised that Guide Authority North actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

As a user of the Owned Websites who has agreed to the terms and conditions of the Contract,  you are granted a limited, non-exclusive, non-transferable and revocable license to access and use the Owned Websites for your personal use, solely as expressly permitted by the Contract. No other use of the Owned Sites is permitted by the Contract.

As part of the Contract, you agree not to copy, republish, transmit, upload or modify in anyway, the Content, without Guide Authority’s express written permission.

The privileges and rights granted to the user under the Contract and detailed above are subject to the following restrictions:

  1. the user shall not sell, rent, lease, license, assign, transfer, reproduce, distribute, host or otherwise commercially exploit the Owned Website or any of the Content presented on the Owned Websites;
  2. the user shall not use the Guide Authority name or trademarks without express written permission from Guide Authority (including using the Guide Authority logo, trademark or name in meta descriptions or other hidden text);
  3. the user shall not copy or replicate any of the graphic design techniques used to display any image, logo, or other Content presented on the Owned Websites (including images, text, or page layout);
  4. the user shall not access the Owned Websites or the Content on the Owned Websites with the intention of constructing,  forming, incorporating or building a similar or competitor website, application, company or booking service; and
  5. the user shall not use any software, devices or other processes such as “bots”, “spiders”, “robots, “robo crawlers”, “data mining tools” or similar applications to download data from any pages presented on the Owned Websites.

All updates, additions, modifications and changes to the Owned Websites and the Content on the Owned Websites are subject to the restrictions detailed above and the Contract. Any unauthorized use of the Owned Websites immediately terminates the license granted by Guide Authority to the user pursuant to the Contract.

3. USER ACCOUNTS AND USER CONTENT

When the user creates an account using the Owned Websites, they must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Contract, which may result in immediate termination of the user’s account on the Owned Websites.

Users are responsible for safeguarding the password that they use to access the Content (including the guide booking service) on the Owned Websites and for any actions performed on the Owned Websites while logged into the Content under the user’s password, whether the user’s password is with the Owned Websites or a third-party service.

Users agree not to disclose their password to any third party. They must notify us immediately upon becoming aware of any breach of security or unauthorized use of their account.

The Content provided on the Owned websites includes interactive opportunities, including, without limitation, user interaction features such as ratings, saved favorites and reviews (collectively, “Interactive Zones”). Users represent and warrant that they are the proper owner of their respective profile and otherwise have the right to provide all information, ratings, comments, reviews, and other content that they submit, post and/or otherwise transmit to the Owned Websites (the “Submitted Content”).

Users grant Guide Authority North an irrevocable, transferable, royalty-free, perpetual, non-exclusive worldwide license to display, copy, publish, modify, remove, translate into another language, use in advertising, distribute and otherwise use for the benefit of Guide Authority. Users further grant Guide Authority North a license to use their username and/or other user profile information, including without limitation, ratings history and how long users have been a member of Guide Authority, solely for the purposes of attributing Submitted Content to users in connection with the Content, without notification to and/or approval by the user.

USERS AGGREE TO RELEASE GUIDE AUTHORITY NORTH AND ALL ITS SUCCECESSORS, ASSIGNS, DESIGNEES, BUSINESS PARTNERS, EMPLOYEES, DIRECTORS, AND OFFICERS (COLLECTIVELY THE “RELEASED PERSONS”, FROM ANY AND ALL LIABILITY WITH RESPECT TO A THIRD PARTY ACTION MADE IN RELATION TO THE USER’S SUBMITTED CONTENT.

Submitted Content transmitted to certain parts of the Owned Websites, including, the Interactive Zones, may be posted as Content on other areas of the Owned Websites. By transmitting User Content, users agree to follow the rules of conduct below, and any additional rules stated on the Owned Websites.

Guide Authority actively encourages truthful and accurate communications but we encourage users to act with civility when posting the Submitted Content.

Guide Authority actively discourages unruly communication on the Owned Websites. We also discourage communications that incite others to violate the rules stated within the Contract.

Users are responsible for all Submitted Content. Users agree not to provide any Submitted Content that:

  1. is incorrect, false, misleading, disprovable and/or not written in good faith;
  2. is illegal, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, and/or otherwise disrespectable or objectionable;
  3. has a religious, commercial, or political ambition;
  4. infringes any copyright, patent, trademark, or other proprietary rights of any person and/or entity;
  5. includes an unauthorized solicitation and/or advertisement to a business other than those on the listed in the Content on the Owned Sites; and/or
  6. is intended to disable the functionality or integrity of any computer software, hardware or other Content presented and published on the Owned Websites.

Guide Authority North reserves the right to modify, delete and/or remove, any Submitted Content that we believe is in violation of the rules or conditions stated within the Contract.

4. TERM

The Contract starts on the date in which the user agrees to the conditions (as described in the Contract) and remain in force and effect while users access the Owned Websites, unless terminated earlier in accordance with the termination privileges detailed in the Contract.

The Contract will be immediately terminated if you, the user,  materially breaches any provision of this Contract, or if Guide Authority North is required to do so by law (e.g., where the provision of the Website becomes unlawful). Users agree that all terminations for cause shall be made in Guide Authority North’s sole discretion and that Guide Authority North shall not be liable to you, the user, or any third party for any termination of Owned Websites.

Termination of the Contract includes the denial of access to the Content containted on the Owned Websites. Upon termination, a user’s right to access such Content will automatically terminate immediately.

If Guide Authority North becomes aware of a possible violations by a user of the Contract, Guide Authority North reserves the right to investigate such violations and assist the applicable legal authorities.

In the event that Guide Authority North determines, in its sole discretion, that a user has breached any portion of the Contract, Guide Authority North reserves the right to:

  1. Warn the user via e-mail (to any e-mail address the user has provided to Guide Authority) that that the user has violated the Contract;
  2. Delete any of Submitted Content provided by the user to the Owned Websites;
  3. Discontinue a user’s registration(s) with the Owned Websites and/or the Guide Authority North community;
  4. Notify and/or send Content to and/or fully cooperate with applicable law enforcement authorities

If a your registration and/or account with Guide Authority is terminated for cause as described above, you agree that you shall not attempt to re-register with or access the Owned Sites or any other Guide Authority North community through use of a alias or fake member name or otherwise.

5. INTERACTION WITH OTHER USERS AND GUIDES

Users are solely responsible for their interactions with other users of the Owned Websites, the guides who offer services on the Owned Websites and any other parties with whom users interact with by accessing the Owned Websites. USERS INTERACT WITH OTHER USERS AND GUIDES AT THEIR OWN RISK. As a user, you agree that Guide Authority North will not be responsible for any liability incurred as the result of interactions between you and other users of the Owned Websites, and between you and the guides who list their services on the Owned Websites. Users also hereby release the Released Persons from claims, demands and damages arising out of or in any way connected with a dispute or interaction between users or between the user and a guide.

6. DISCLAIMERS

THE CONTENT, INCLUDING THE BOOKING SERVICES OFFERED BY GUIDE AUTHORITY NORTH, AND THE OWNED WEBSITES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR OTHERWISE IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PERSONS DISCLAIM WITH RESPECT TO THE OWNED WEBSITES, THE CONTENT AND ALL SERVICES OFFERED THROUGH THE OWNED WEBSITE, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GUIDE AUTHORITY NORTH DOES NOT REPRESENT OR WARRANT THAT THE OWNED WEBSITES, THE CONTENT WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE. GUIDE AUTHORITY NORTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE OWNED WEBSITES OR THE CONTENT CONTAINED ON THE OWNED WEBSITES WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A GUIDE OR TOUR OPERATOR BOOKING ORDERED THROUGH THE OWNED WEBSITES. YOU, THE USER, (AND NOT GUIDE AUTHORITY NORTH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO THE USE OF THE OWNED WEBSITES, AND THE CONTENT CONTAINED ON THE OWNED WEBSITES. NONE OF THE PRODUCTS LISTED IN THE CONTENT CONTAINED ON THE OWNED WEBSITES, INCLUDING BUT NOT LIMITED TO THE GOODS DESCRIBED IN BLOG POSTS UNDER “GUIDE TALES” OR THE GOODS, SERVICES, LOCATIONS, LODGES, EXPERIENCES AND OTHER CONTENT PUBLISHED AS “QUALITY GOODS” UNDER THE QUALITY GOODS PORTION OF THE OWNED WEBSITES, ARE ENDORSED OR GUARANTEED BY GUIDE AUTHORITY NORTH. THE RELEASED PARTIES  WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR A TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE WHEN MAKING PURCHASES.

7. LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall the Released Parties be liable to you and/or any third party (whether in contract, tort (including, but not limited to, negligence) and/or otherwise) for any special, consequential, incidental, direct, indirect, and/or punitive damages, lost profits, lost data, lost opportunities, costs of cover, and/or any other loss and/or injury that results from the use of, and/or the inability to use, the Sites, the Materials, User Content and/or any other content on the Sites (including without limitation relating to any services, products and/or Sites accessed through or otherwise in connection with the Sites), even if the Released Parties have been advised of the possibility of such damages, other loss and/or injury.

8. INDEMNIFICATION

USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PERSONS FROM ALL ACTIONS, LIABILITIES, DAMAGES, COSTS, EXPENSES, JUDGEMENTS OR LOSSES RESULTING FROM A BREACH OF ANY PROVISION OF THE CONTRACT BY THE RESPECTIVE USER, THE VIOLATION OF ANY APPLICABLE LAW BY THE RESPECTIVE USER AND THE USE OF THE BOOKING SERVICES OFFERED BY THE GUIDES AND TOUR OPERATORS WHO’S SERVICES ARE LISTED ON THE OWNED WEBSITES.

9. PRIVACY POLICY

The conditions of the Guide Authority North Privacy Policy located at https://wwwguideauthority.com/privacy-policy are incorporated into this Contract by reference.

10. GUIDE ACKNOWLEDGEMENT

Guides, tour operators, and outfitters who have trips listed on the Owned Websites acknowledge and agree that Guide Authority North strives to provide timely communication to users regarding the users booking of trips. Guides, tour operators, and outfitters shall use commercially reasonable efforts to confirm each trip booking within three to six hours of receipt (unless Guide Authority North agrees to a longer time period). The repeated failure to confirm trip bookings within the specified time frame may result in permanent removal of the trip listed.

11. LINKS TO OTHER WEBSITES

The Owned Websites contain links to third party web sites or services that are not owned or controlled by Guide Authority North.

Guide Authority North has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. As a user, you further acknowledge and agree that Guide Authority North shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. USERS USE ALL LINKS CONTAINED ON THE OWNED WEBSITES AT THEIR OWN RISK.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. Such third party sites are not under the control of Guide Authority North and Guide Authority North is not responsible for the content contained on any third party sites.

13. UNLAWFUL ACCESS

Users agree that they will not access the Owned Websites for any unlawful purpose or engage in any other use prohibited by this Contract. Users further agree that they will not use the Owned Websites in any manner that could damage, disable, overburden and/or impair any Guide Authority North server, or the network(s) connected to any Guide Authority North server, and/or interfere with any other user’s

Users are forbidden from accessing the Owned Websites through a third party’s account/registration.

14. INTERNATIONAL USERS

This Owned Websites can be accessed from countries around the world and may contain references to Content that is not available in your country. These references do not imply that Guide Authority North intends to announce such Sites or Content in your country. The Sites and Sites are controlled and offered by Guide Authority North from its facilities in Canada. Guide Authority North makes no representations that the Sites or the Sites are appropriate or available for use in other locations.

15. PERIOD OF LIMITATION

USERS AND GUIDE AUTHORITY NORTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS CONTRACT, THE OWNED WEBSITES, OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. GOVERNING LAW

The Contract shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

The failure of Guide Authority North to enforce any right or provision of the Contract will not be considered a waiver of those rights. If any provision of the Contract is held to be invalid or unenforceable by a court, the remaining provisions of the Contract will remain in effect. The Contract constitutes the entire agreement between Guide Authority North regarding the Content contained on the Owned Websites, and supersedes and replaces any prior agreements made between Guide Authority North regarding the Content.

17. CHANGES

Guide Authority North reserves the right, at its sole discretion, to modify or replace the terms and conditions contained in the Contract at any time. If a revision is material Guide Authority North will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of Guide Authority North.

By continuing to access or use the Content contained on the Owned Websites after those revisions become effective, you agree to be bound by the revised terms. IF YOU DO NOT AGREE TO THE NEW TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING THE CONTENT CONTAINED ON THE OWNED WEBSITES.

18. CONTACT US

If you have any questions about these terms and conditions explained in the Contract, please contact us at info@guideauthority.com.

Current as of April 20, 2016