Last updated: November 27, 2018
Thank you for using GuideGuru! Welcome to the GuideGuru.com website (and together with any and all subpages, the "Website").
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the GuideGuru.com or any of its related sub sites or affiliates, you agree to comply with and be bound by these Terms of Service.
Please note: these Terms of Service contain an arbitration clause and class action waiver that applies to all GuideGuru Members. This provision applies to all disputes with GuideGuru. It affects how disputes with GuideGuru are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Vendors alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Vendor Services, including but not limited to any license, permits, and any other local, state, or federal requirements for the adventure reserved or intended. If you have questions about how local laws apply to your Listing(s) and Vendor Service(s) on GuideGuru, you should always seek legal guidance.
- By "GuideGuru Website" or "Website" we mean the features and services we make available, including through our website at GuideGuru.com and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.
- By "GuideGuru," "we," "us," or "our," it refers to GuideGuru, LLC.
- By "Vendor" we mean the person, agency or company responsible for delivering and managing the fishing or other outdoor adventure trip service rendered through GuideGuru.com.
- By "Customer/you" we mean the person, agency or company paying for services delivered by the vendor through GuideGuru.com.
- By "Service(s)" we mean the reservation of outdoor adventure trips through GuideGuru.com through which Vendors can make their trip services available online for reservation, and through which Customers can make such trip reservations with Vendors.
- By "information" or "content" we mean facts and other information about a Vendor or Customer, including anything you or other users post on GuideGuru.
- "Listing" means the Vendor's advertisement of various different travel products and services that can be purchased, reserved, or consummated by you from the Vendor on the GuideGuru Website.
Scope of Services
GuideGuru acts only in the capacity of a booking agent on behalf of the Vendor that is providing your Services. The Website is an online marketplace that enables you and Vendors to connect easily and safely for the planning and participation in outdoor adventure trips and activities, including access to unique events and locations, and a variety of other travel and non-travel related services. As the provider of The Website, GuideGuru does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any of the activities or events, nor is GuideGuru an organizer or retailer of travel packages under Directive (EU) 2015/2302. Vendors alone are responsible for their Listings and Vendor Services. When you make or accept a booking, you are entering into a contract directly with each other. GuideGuru is not and does not become a party to or other participant in any contractual relationship between Members, nor is GuideGuru a real estate broker or insurer. GuideGuru is not acting as an agent in any capacity for you, except as specified herein.
Our Agreement with you sets out what you are legally entitled to expect from us when you book or reserve outdoor adventure trips through us.
From the point at which you make your reservation, we act solely as an intermediary between you and the Vendor, transmitting the details of your reservation to the relevant Vendor and sending you a confirmation email for and on behalf of the vendor.
GUIDEGURU MAKES NO REPRESENTATIONS AND WARRANTIES EXCEPT FOR THOSE PROVIDED HEREIN. ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED, INCLUDING ANY REPRESENTATION AND WARRANTY RELATING TO ANY DATA BREACH OR THAT THE SOFTWARE WILL OPERATE AS INTENDED. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT GUIDEGURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED (A) $1,000.00 OR (B) THE AGGREGATE AMOUNTS PAID OR PAYABLE TO GUIDEGURU IN THE SIX MONTHSIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This Website is offered and available to users who are eighteen (18) years of age or older. By using this Website or any of the GuideGuru Products or Services, you represent and warrant that you are eighteen (18) years of age or older and have legal capacity to form a binding contract. If you do not meet all of these requirements, access or use the Website or any of the GuideGuru Products or Services is strictly prohibited. If you are using the Website or any of the GuideGuru Products or Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Website and the GuideGuru services only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
GuideGuru makes available an online platform with related technology for Customers and Vendors to meet online and arrange for bookings of outdoor adventure trips with each other. GuideGuru is not an owner or operator of the properties, including, but not limited to, accommodations, boats, equipment, etc., nor is it a provider of properties, including, but not limited to, accommodations, boats, equipment, etc. PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE AND GUIDEGURU PRODUCTS AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CUSTOMERS AND VENDORS CONNECTING AND BOOKING OUTDOOR AND ADVENTURE TRIPS WITH EACH OTHER. WE ARE NOT RESPONSIBLE FOR AND HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL OUTDOOR AND ADVENTURE TRIPS, CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OR ANY OUTDOOR AND ADVENTURE TRIPS.
Due to the nature of the Internet, GuideGuru cannot guarantee the continuous and uninterrupted availability and accessibility of the Website. GuideGuru may restrict the availability of the Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Website. GuideGuru may improve, enhance and modify the Website and introduce new GuideGuru Services from time to time.
Accessing the Website and GuideGuru Services
By registering with GuideGuru or providing information for its use, you represent and warrant that you are of legal age to enter into a binding contract, or, if you are a legal entity, you are authorized to enter into and bind the entity to this Agreement and perform the terms and conditions of this Agreement. We reserve the right to refuse service, terminate accounts, remove or edit content in its sole discretion and timing.
You are solely responsible for maintaining the confidentiality, security, and correctness of your registration information. You may not register more than one (1) GuideGuru Account unless GuideGuru authorizes you to do so. You may not assign or otherwise transfer your GuideGuru Account to another party. You are responsible for maintaining the confidentiality and security of your GuideGuru Account credentials and may not disclose your credentials to any third party. You must immediately notify GuideGuru if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your GuideGuru Account. You are liable for any and all activities conducted through your GuideGuru Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
We reserve the right to withdraw or amend the Website or any of the GuideGuru Products or Services, and any product, service, or material we provide on the Website or the GuideGuru Products or Services, in our sole discretion, without notice. If we make changes to these Terms, we will post the revised Terms on the Website and update the "Last Updated" date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Website will constitute acceptance of the revised Terms.
The Content and the trademarks, service marks, and logos contained in the Website ("Marks") are owned by or licensed only to us. Content is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Site is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. Provided that you are eligible to use the Website, you are granted a limited license to access the Website and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website and Content and Marks.
Pricing and Payment
You acknowledge that GuideGuru pre-negotiates certain rates with Vendors to facilitate the safe and simple booking of outdoor adventure trip and activity reservations on your behalf. The rate displayed on the Website combines the pre-negotiated rate and our Service Fee for such pre-negotiation and use of the Website. Upon submitting your reservation request, You authorize GuideGuru to book reservations on your behalf for the total reservation price, which includes the rate displayed on the Website.
The price of the travel services will be as quoted on the Website, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted by our Vendors. Despite our best efforts, some of the Services listed on the website may be incorrectly priced. A final price will be given prior to your trip being confirmed. Errors are rare but can occur in the pricing system and these cannot be honored.
WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
All of the Services require a deposit of no less than Ten percent (10%) of the Listing price at the time of booking for you to secure your Outdoor Adventure Trip. Any outstanding balance is due to be paid to the Vendor prior to consuming Services according to the Vendors rules and requirements. If you do not pay your balance prior to consuming the Vendor's Services, the Vendor may cancel the booking and charge any cancellation fees as set out in the Vendor's cancellation policy which can be found under their listing. Individual Vendors may permit or require full payment up front before booking.
GuideGuru may decline to commence any booking process until one (1) business day after our payment processor confirms your payment. You agree that we are not responsible for any failure of our payment processor to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with our payment processor before we will acknowledge any payment by you.
Payments of the deposit can be accepted by PayPal, credit or debit cards___________. You may contact our customer service department for any questions or concerns related to making such payments. Payment by credit or debit card is possible but can be made only by the card holder or with the card holder's approval. When making your payment by card, a handling fee may apply; please check this at time of booking. In the event the credit card holder is not also one of the passengers traveling, a Third Party Credit Card verification process will be completed up to and including completion of a Third Party Credit Card Form along with presentation of passport and driver's license.
All payments must be processed successfully. If, however, you do not complete your payment program, all monies processed will be forfeited, and your booking will be cancelled.
If You Cancel or Change Your Booking
Any cancellation or amendment request must be sent to us in writing through the GuideGuru Website or mobile application by the lead passenger and will not take effect until received by us.
By making a reservation with a Vendor, you accept and agree to the relevant cancellation and no-show policy of that Vendor, and to any additional terms and conditions of the Vendor that may apply to your reservation, including for services rendered and/or products offered by the Vendor (the delivery terms and conditions of a Vendor can be obtained with the relevant Vendor). The cancellation and no-show policy of each Vendor is made available both on our website on the Vendor information pages, during the reservation procedure and in the confirmation email. Please note that certain rates are not eligible for cancellation or change. Please check the Vendor's details thoroughly for any such conditions prior to making your reservation.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. You may cancel or change your prepaid reservation in accordance with the individual Vendor's selected cancellation policy, usually 24 to 72 hours prior to your start date. Please note that you may be charged for your cancellation in accordance with the Vendor's cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the Vendor carefully prior to making a reservation.
Neither GuideGuru nor its authorized representatives shall offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Customer due to no fault of GuideGuru or its representatives, which shall include any termination of the Customer's participation in the Service due to the Customer's own fault, negligence or breach of these Terms.
Cancellation by Vendors
As your contract is with the Vendor, the Vendor's cancellation policy shall apply. If a Vendor cancels a confirmed booking, you will receive a full refund of the fees paid to us for such booking within a commercially reasonable time of the cancellation. In some instances, we may allow you to apply the refund to a new booking, in which case fees paid will credit the amount against your subsequent booking at your direction. Further, we may publish an automated review on the Listing cancelled by the Vendor indicating that a booking was cancelled. In addition, GuideGuru may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Vendor has a valid reason for cancelling the booking pursuant to a reasonable extenuating circumstance or has legitimate concerns about your behavior.
Please note that Vendors have the ultimate responsibility for the safety of all involved in the outdoor adventure trip or activity. If the trip is no longer safe for any reason, the Vendor has the right to cancel the whole or part of the trip (before or after departure).
If your booking has to be cancelled prior to departure due to unsafe weather conditions, you shall have the choice of:
- accept from GuideGuru a full refund of deposit paid for the cancelled service(s).
- accept from GuideGuru a substitute service(s) of equivalent value, where such substitute is reasonably available; or
- accept from GuideGuru a substitute service(s) of lower value if no service(s) of equivalent value is reasonably available, and to recover from GuideGuru the difference in deposit between the deposit of the tour originally purchased and that of the substitute one;
We do not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those Vendors in connection with your travel pursuant to a contract between them and yourselves and over whom we have no direct control. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.
GUIDEGURU IS NOT RESPONSIBLE FOR ANY INCIDENTAL EXPENSES OR CONSEQUENTIAL LOSSES THAT YOU MAY HAVE INCURRED AS A RESULT OF THE CANCELLED BOOKING SUCH AS VISAS, VACCINATIONS, NON-REFUNDABLE FLIGHTS OR RAIL, NON-REFUNDABLE CAR PARKING OR OTHER FEES, LOSS OF EARNINGS, OR LOSS OF ENJOYMENT, ETC. GUIDEGURU RESERVES THE RIGHT TO ISSUE A FULL REFUND IN LIEU OF THE CHOICES ABOVE, IN ITS SOLE DISCRETION.
While we may help facilitate the resolution of disputes, we have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Vendor content, or (iii) the performance or conduct of any Member or third party. We do not endorse any Member, Listing or Vendor Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by us about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Vendor Services, accept a booking request from a third party, or communicate and interact with other Members, whether online or in person. Website images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by us of any Vendor or Listing.
You may not access or use the Site for any purpose other than that for which GuideGuru makes it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by GuideGuru. Prohibited activity includes, but is not limited to:
- attempting to bypass any measures contained on the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- attempting to impersonate another user or person or using the username of another user;
- making fraudulent, false, or speculative trip requests or reservations in anticipation of demand;
- criminal or tortious activity;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- deleting the copyright or other proprietary rights notice from any Website Content;
- creating a deep-link to any portion of the Website without expressed written consent by GuideGuru;
- engaging in any automated use of the system, such as any right of collection, copying, duplication, display or any derivative use of data mining, robots, spiders or similar data gathering and extraction tools without prior written permission. Note: a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent.;
- harassing, annoying, intimidating or threatening or using any information obtained from the Website in order to harass, abuse, or harm any Customer, Operator, Company employee, agent, or affiliate engaged in providing any portion of GuideGuru Services to you;
- interfering with, disrupting, or creating an undue burden on the Website, networks, links, or affiliates connected to the Website;
- making any unauthorized use of GuideGuru Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- tricking, defrauding, or misleading GuideGuru or other users, especially in any attempt to learn sensitive account information such as passwords;
- using GuideGuru Services as part of any effort to compete with GuideGuru;
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
Requirement to Review Vendor Rules and Restrictions
Separate terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Vendor with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Vendor's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party Vendors offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Vendor's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, and in your forfeiting any monies paid for such a reservation.
All complaints must be addressed to Vendors, but we will do our best to assist you with any queries or concerns you may have relating to your outdoor adventure trip or activity. If you have a problem while on a trip or activity booked through us, you must report the same to the Vendor, their local supplier, or representative immediately. Failing to follow this procedure will result in a smaller likelihood that your complaint will be properly investigated and rectified.
Insurance and Safety
Although most travel, including international travel, can be done without incident, travel to certain destinations may involve greater risk. We strongly recommend you review announcements, warnings, prohibitions, and advisories issued by the United States Government prior to scheduling your trip. Information on various countries' conditions and levels of risk associated with travel can be found at: www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.treas.gov/ofac, and www.customs.gov.
It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured. Some hazardous activities may require additional coverage — please check with your insurance vendor. It may be a term of your contract with the Vendor that you take out suitable insurance cover and inform the Vendor of whom you are insured with so that they can take down your insurer's details. We cannot accept responsibility for any costs you incur as a result of not being adequately insured.
BY OFFERING PARTICULAR DESTINATIONS WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH PLACES IS ADVISABLE OR WITHOUT RISK AND ARE NOT LIABLE FOR YOUR DAMAGES OR LOSSES THAT MAY BE INCURED BY TRAVELING TO SUCH PLACES.
Once you receive your confirmation e-mail, please check it carefully to make sure that all details are correct and also ensure that the names given are the same as in the relevant ID documents you will present to the Vendor. If you believe one or more details are not correct, please contact us. Please ensure you check the information provided so that you are fully aware of timings, durations, departures and other details. If you are unsure about any aspect of your trip please contact our Customer Service department.
Although every effort has been made to ensure that the information displayed is entirely complete and accurate, GuideGuru accepts no liability for any injury to persons, or any loss or damage to property caused by errors or omissions in the data displayed, whether they result from negligence, accident or any other cause.
We do not accept responsibility for any activity or procedure that may be necessary in order to enjoy the use of our services, including, but not limited to, procuring or having in possession any passport or valid identification for travel. That is the sole responsibility of the Customer.
Use of Our Website
We have made available various services, tools and functionality on this Website for your use. The information set out by us on these pages tells you how you can use these services, tools and functionality to find out about and book our Services (as well as those provided by Vendors), view content provided by us, interact with us and submit and share views with other Customers.
Your use of this Website is subject to these Website Terms and Conditions that incorporate our Customer Review Rules which set out the terms upon which you are able to submit reviews and content to us related to our products and services.
Limitation of Liability
AT NO TIME WILL GUIDEGURU OR ITS AFFILIATES, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES OR THIRD-PARTY PROVIDER ON THE SITE BE LIABLE FOR ANY LOST PROFIT OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR PUNTIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THE SITE; THIS AGREEMENT; USE OF THE SITE OR SERVICES WE OR A THIRD-PARTY PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD-PARTY; ANY CONTRIBUTED CONTENT; INTERACTION BETWEEN THE SITE AND A THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION SOCIAL MEDIA SITES; AND ANY POTENTIAL OR ACTUAL COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION ANY PAYMENT TRANSACTION (EVEN IF WE OR A THIRD-PARTY RECEIVES A FEE IN CONNECTION WITH THE TRANSACTION). THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE CLAIM RESULTS FROM BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION (EVEN IF FORESEEABLE).
IF YOU DO NOT CONCUR WITH ANY PART OF THIS AGREEMENT, ARE DISSATISFIED OR HAVE DISPUTE OR CLAIMS WITH OR AGAINST GUIDEGURU, THIRD PARTY OR USER OF THE SITE WITH RESPECT TO THIS AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, LIABILITY FOR GUIDEGURU AND AFFILIATES TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE INCURRED THROUGH USE OF THE SITE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAY TO US FOR GUIDEGURU SERVICES (ONLY) IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $1,000 IN THE AGGREGATE FOR ALL CLAIMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to release, defend (at GuideGuru's option), indemnify, and hold GuideGuru and its affiliates and subsidiaries, including but not limited to, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the GuideGuru Platform or any GuideGuru Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Vendor service, or (iv) your breach of any laws, regulations or third party rights.
Maintenance of Website
Due to maintenance work, we reserve the right to alter, update, or cancel our Service at any time. We may conduct such maintenance for security reasons, intellectual property or other reasons at our discretion, and we are not required to explain such modifications.
Any notice or other communication given hereunder shall be deemed sufficient if in writing and sent by registered or certified mail, return receipt requested, overnight mail or courier addressed to GuideGuru at the address indicated on top of this Agreement. Notices hereunder shall be deemed to have been given on the date of mailing, except notices of change of address, which shall be deemed to have been given when received.
Binding; Entire Agreement
This Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, legal representatives, successors, and assigns. This Agreement and its exhibits and incorporated references stated herein sets forth the entire agreement and understanding between the parties as to the subject matter thereof and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them.
Governing Law; Venue
This Agreement and its validity, construction, and performance shall be governed in all respects by the laws of the State of Utah, notwithstanding its or any other jurisdiction's choice of law principles without regard to its conflict of law provisions. Any dispute or controversy arising out of, relating to, or in connection with this Agreement will be exclusively resolved in the state of Utah, through binding arbitration (see Arbitration).
The waiver by us of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
No Third Party Beneficiaries
Nothing contained herein is intended, nor shall it be construed, to confer any rights or benefits upon any person (including, but not limited to, any employee, agent, contractor, officer, shareholder, member, manager or former agent of you) other than you, and no other person shall have any rights or remedies under this Agreement.
Any dispute or claim relating in any way to your use of any of GuideGuru's services will be resolved by first attending a required mediation, after which, if issues remain between the parties, binding arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Utah Uniform Arbitration Act. The decision of the arbitrator shall be final and binding upon all Parties.
Class Action Waiver
Both you and GuideGuru agree that each may bring claims against the other in an individual capacity only. Neither you nor GuideGuru may bring a claim as a plaintiff or class member in any class action, consolidated action or representative action. We both waive the right to a jury trial.
We shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.