BACKGROUND
Lynda Pianosi, operating as Three Mountain Family Hikes Inc.™ (or a corporate nominee thereof, including its subsidiaries and corporate affiliates) (collectively, “THREE MOUNTAIN FAMILY HIKES INC.”), provides an online service that enables individuals to research, locate, and book guided activities in Western Canada, made available by THREE MOUNTAIN FAMILY HIKES’s third party suppliers through www.ThreeMountainFamilyHikes.ca and THREE MOUNTAIN FAMILY HIKES’s websites, mobile properties and related applications (collectively, the “Website”).
Below are our terms and conditions (the “Standard Terms and Conditions”) which incorporate our goals to keep the Website users, creators, employees, contractors, and affiliates of THREE MOUNTAIN FAMILY HIKES INC. protected and covered.
- INTRODUCTION
The information and services that THREE MOUNTAIN FAMILY HIKES INC. provides to any person who uses the Website (a “User”) are subject to the within Standard Terms and Conditions. By using the Website, you hereby agree to accept all terms and conditions herein. You must not use the Website or any of THREE MOUNTAIN FAMILY HIKES INC. services if you disagree with any of these Standard Terms and Conditions.
Though all ages are welcome to use our services, it is up to the User to determine what activities they can or cannot participate in based on their own personal capabilities. THREE MOUNTAIN FAMILY HIKES INC. hereby waives any responsibility for any damage, theft, accident, injury, death, loss or emergency (collectively, a “Loss) that may occur is the course of an User’s use of or reliance upon the Website and its content. THREE MOUNTAIN FAMILY HIKES INC. has created several articles and posts to help prevent a Loss from occurring. If a Loss still occurs while utilizing these safety features, THREE MOUNTAIN FAMILY HIKES INC. bears no responsibility to the User as the specific circumstances in which any User may rely on the information provided on the Website are not foreseeable, and the actual conditions of the trails and regions described therein are subject to change as a result of weather, environmental and other conditions. THREE MOUNTAIN FAMILY HIKES INC. advises all Users to rely upon information contained on the Website only in conjunction with a reasonable evaluation of actual weather, environmental and other conditions.
THREE MOUNTAIN FAMILY HIKES INC. makes every effort to ensure that the information available on the Website remains up to date, but makes no representation or warranty regarding the currency or accuracy of the information contained therein.
THREE MOUNTAIN FAMILY HIKES INC. specifically waives responsibility for any of the following, without limitation:
(i) sudden changes to trail conditions;
(ii) an allergic or similar negative reaction to species of flora that THREE MOUNTAIN FAMILY HIKES INC. has identified as edible or medicinal;
(iii) trail closures due to wildlife, inclement weather, maintenance requirements;
(iv) errors or omissions in any content available on the Website, including without limitation any errors or omissions in the EMERGENCY NUMBERS article in the NEED TO KNOW section of the Website or the contact information;
(v) closure of a business or service provider that is referred to on the Website; and
(vi) changes to any rules posted by Alberta Parks and Campgrounds or its regulators which have not been updated on the Website.
In respect of the foregoing, THREE MOUNTAIN FAMILY HIKES INC. will endeavor to maintain accurate and fulsome information on the Website. If you, as a User, encounter any of the foregoing issues or problems, you are encouraged to contact THREE MOUNTAIN FAMILY HIKES INC. directly.
2. INTELLECTUAL PROPERTY RIGHTS
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, images, graphics, audio, music and sound (the “Website Content”). User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Website Content, in whole or in part. User may download Website Content for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation Website Content will be permitted without the express permission of THREE MOUNTAIN FAMILY HIKES INC. and the copyright owner (if applicable). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading Website Content, including any copyrighted material.
For clarity, other than any Website Content already owned by a User downloading Website Content, under these terms, THREE MOUNTAIN FAMILY HIKES INC. and/or its licensors own all the intellectual property rights and materials associated with all Website Content.
By displaying Website Content, THREE MOUNTAIN FAMILY HIKES INC. grants Users a non-exclusive worldwide irrevocable, sub-license to view and translate any and all media after download and purchase.
Unless otherwise stated*, all Website Content is original, and does not infringe upon third-party rights. THREE MOUNTAIN FAMILY HIKES INC. reserves the right to remove any Website Content from the Website at any time without notice.
*References are provided for citations and fact checking in the NEED TO KNOW section of the Website as well as under each parent article, as required. Photo references, if photo used is not the original content of THREE MOUNTAIN FAMILY HIKES INC., are written into the pertaining articles by reference to photographers name and/or social media accounts.
3. RESTRICTIONS
Users are specifically restricted from all of the following;
- Publishing any Website Content in any other media;
- Selling, sub-licensing, and/or otherwise commercializing any Website Content;
- Using the Website in any way that is or may be damaging to the Website or to the THREE MOUNTAIN FAMILY HIKES INC. brand;
- Using the Website in any way that impacts user access to the Website;
- Using the Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website or to THREE MOUNTAIN FAMILY HIKES INC..
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Website.
- Using the Websites to engage in any advertising or marketing unless specifically agreed to in writing by THREE MOUNTAIN FAMILY HIKES INC..
Certain areas of the Website are restricted from being accessed by Users, and THREE MOUNTAIN FAMILY HIKES INC. may further restrict access any User to any area of the Website at any time, in the absolute discretion of THREE MOUNTAIN FAMILY HIKES INC.. Any User ID and password used in association with the Website are to be kept confidential by the User.
5. NO WARRANTIES
The Website provided “as is” with all errors, omission, and faults, and THREE MOUNTAIN FAMILY HIKES INC. makes no representations or warranties, of any kind related to the Website, the Website Content, or any other materials or products provided under the trademark Three Mountain Family Hikes Inc.™.
All of the Website Content is based on personal experience. THREE MOUNTAIN FAMILY HIKES INC. makes no representations or warranties regarding the actual personal experience of any User seeking to re-create an experience or activity described on the Website. Although in certain cases THREE MOUNTAIN FAMILY HIKES INC. provides suggestions and advice in the Website Content, this advice is general in nature and does not replace the in-person advice of a certified guide.
6. LIMITATION OF LIABILITY
In no event shall THREE MOUNTAIN FAMILY HIKES INC., nor any of its officers, directors employees, agents, or assigns be held liable for any Loss arising out of or in any way connected with a User’s use of the Website or reliance on the Website Content, whether such liability (whether direct, indirect, consequential or special liability) arises under contract or otherwise.
- INDEMNIFICATION
User agrees to indemnify and hold harmless THREE MOUNTAIN FAMILY HIKES INC., its officers, directors employees, agents, and from and against any and all claims, suits, causes of action, demands, proceedings, investigations, losses, fines, penalties, fees, liabilities, costs, damages and expenses of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
a. Use of the Website by User;
b. User’s reliance on the Website Content;
c. User’s breach of any of the provisions of these Standard Terms and Conditions;
d. User’s breach of or violation of any applicable law, rule, regulation or guideline;
e. User’s violation, infringement, or misappropriation of the intellectual property rights associated with the Website Content; or
f. Negligence or willful misconduct on the part of the User.
8. SEVERABILITY
If any provisions of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
9. VARIATION OF TERMS
THREE MOUNTAIN FAMILY HIKES INC. shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding or amending fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
10. ASSIGNMENT
THREE MOUNTAIN FAMILY HIKES INC. shall have the right to assign, transfer, or subcontract its rights and/or obligations under these Standard Terms and Conditions without notice. User shall have no right to assign, transfer, or subcontract any of User’s rights and/or obligations under these Standard Terms and Conditions.
11. ENTIRE AGREEMENT
These Standard Terms and Conditions, the Three Mountain Family Hikes Inc. Privacy Policy, the Booking, Payment, Cancellation and Refund Policy and any operating rules for the Website established by THREE MOUNTAIN FAMILY HIKES INC. from time to time constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
12. GOVERNING LAW & JURISDICTION
These Standard Terms and Conditions will be governed by and interpreted in accordance with the laws of the Provinces of Alberta, and you submit to the exclusive jurisdiction of the provincial and federal courts located in Alberta for the resolution of any dispute arising in connection with these Standard Terms and Conditions or the User’s use of the Website or reliance on the Website Content.
- REFUND AND SUBSCRIPTION POLICIES
If you are unhappy with any of Three Mountain Family Hikes Inc.™ products you may be entitled to a refund pursuant to the terms of the Booking, Payment, Cancellation and Refund Policy. Please send an email titled “UNHAPPY” to info@threemountainfamilyhikes.ca. Refunds are taken on a case by case basis so please be thorough in your reasoning for why you are unhappy.
If you have a promo code that isn’t working please send an email titled “PROMO CODE” to info@threemountainfamilyhikes.ca within 30 days of purchase or activation for a new promo code.
For all questions relating to r refunds please send an email titled “QUESTIONS” to info@threemountainfamilyhikes.ca and we will get back to you in a timely manner. We take all inquiries and questions very seriously.
