Please read these Terms of Use carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Trip Outside Platform, you agree to comply with and be bound by these Terms of Use.

These Terms of Use (“Terms”) constitute a legally binding agreement (“Agreement”) between you (“you” or “User”) and Tripoutside.com LLC (“Trip Outside,” “we,” “us,” or “our”) governing your access to and use of the Trip Outside website, including any subdomains thereof, and any other websites through which Trip Outside makes the Trip Outside services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interface (collectively, “Application”) and all associated services (collectively, “Trip Outside Services”).

The Site, Application, and Trip Outside Services together are hereinafter collectively, the “Trip Outside Platform.” Trip Outside provides the Trip Outside Platform subject to your compliance with all the terms, conditions, and notices contained or referenced herein, as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. This Agreement includes and hereby incorporates by reference the following: Privacy Policy and Supplier Service Provider Agreement. Except as otherwise provided, a conflict or inconsistency between this Agreement and the Privacy Policy and Supplier Service Provider Agreement, the provision contained in this Agreement shall govern and control.

1. Description of Services

1.1. We at Trip Outside strive to connect Users with outfitters and guides for outdoor activities. We make various services available on this site including, but not limited to, providing a platform which enables users to create a profile, rate, review and book rentals and trips with Suppliers on our site. Trip Outside does not introduce Suppliers to Users or otherwise help Suppliers make bookings. Trip Outside merely makes the Trip Outside Platform available to enable Suppliers and Users to identify and determine the suitability of services for the individual needs of Suppliers and Users alike. You understand and agree that Trip Outside only connects Users with Suppliers and that all services purchased through the Site are provided by Suppliers. You are responsible for any agreement you enter into with any Supplier on this Site. You acknowledge and agree that Trip Outside is not a party to any agreement(s) between you and Supplier. You understand and agree that by providing this platform, Trip Outside in no way creates a contractual agreement with you. Lastly, you understand that any services booked through the Site may require the use of specific gear, safety education, licenses and/or stamps that may not be included in the cost of the overall purchase price.

1.2. The Trip Outside Platform may contain links to third-party websites, resources and services (“Third-Party Services”). Such Third-Party Services are not owned, operated or controlled by Trip Outside and may be subject to different terms and conditions and privacy policies. You acknowledge that Trip Outside is not responsible or liable for the accuracy or availability of such Third-Party Services, or any content, products, or services available from the Third-Party Services. Furthermore, links to such Third-Parties do not constitute an endorsement by Trip Outside of such Third-Party Services. You are responsible for deciding if you want to access third-party websites and use said links and Third-Party Services at your own risk. You agree that your use of any Third-Party Services via the Trip Outside Platform is on an “as is” and “as available” basis without any warranty for any purpose.

1.3. Due to the nature of the Internet, Trip Outside cannot guarantee the continuous and uninterrupted availability or accessibility of the Trip Outside Platform. Additionally, from time to time, Trip Outside may restrict the availability of the Trip Outside Platform to carry out maintenance measures that ensure the proper or improved functioning of the Trip Outside Platform or for any other purpose for which Trip Outside deems it necessary to restrict availability.

2. Eligibility, User Acknowledgement

2.1. You must be at least eighteen (18) years old and able to enter into legally binding contracts to access and use this site or register for an account. By using this Site, you warrant and represent that you are at least eighteen (18) years of age and have the legal authority to enter into a contract.

2.2. By using this Website, you acknowledge and understand that there are inherent risks associated with outdoor activities, including but not limited to hiking, backpacking, rock climbing, kayaking, biking, camping, skiing, snowboarding, rafting or tubing, including serious bodily injury or even death. You agree that Trip Outside, and any of its affiliate outfitters/service providers, will not be held responsible for any injuries, damages, or losses suffered by you while using items purchased or rented on the Trip Outside Platform and agree to indemnify Trip Outside as well as any and all of its employees, affiliate outfitters and service providers.

3. Modification of These Terms

3.1. Subject to conditions set forth herein, Trip Outside may, in its sole discretion, amend this Agreement and the other Terms at any time by posting a revised version on the Site and will provide reasonable advance notice of any amendment that includes a substantial change. Any revision to the Terms will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).

3.2. Your continued use of the Site or the Site Services after the Effective Date of a revised version of this Agreement or of any other Terms of Service constitutes your acceptance of and agreement to be bound by the Terms. In the event of a conflict between this Agreement and the other Terms, this Agreement will control unless the other Agreement explicitly states that it controls. Capitalized terms are defined throughout this Agreement.

4. Registration Data and Privacy

4.1. Access to some of the services on this site may require a separate account (“Trip Outside Account”) and password that can be obtained by completing our online registration form. The online registration form requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You are responsible for maintaining the confidentiality and security of your Trip Outside Account and may not disclose your credentials to any third party. Furthermore, you are liable for any and all activities conducted through your Trip Outside Account, unless such activities are not authorized by you and you are not otherwise negligent. Should you know or have any reason to suspect that your Trip Outside Account credentials have been lost, stolen, misappropriated or otherwise compromised, you must immediately notify Trip Outside.

4.2. You also grant us the right to disclose to our affiliates, outfitters and service providers certain Registration Data about you. You may cancel your Trip Outside Account at any time by e-mailing [email protected]. You understand and agree that canceling your account may not result in the deletion of all previously gathered personal information. For more information on how information will be stored and used, please see our Privacy Policy located elsewhere on this site.

5. Payment of Fees

5.1. Trip Outside has engaged third party service providers to perform many of the services related to payment processing, including card processing, identity verification, fraud analysis, and regulatory compliance. Trip Outside partners with PayPal, Stripe, and other licensed payment processors to facilitate card payments and other payments and the disbursement of funds to Suppliers. If there are insufficient funds in your bank account when the provider processes the payment for your purchase, Trip Outside or its representatives or affiliates reserve the right to contact you directly to seek payment. By using a third-party service to process your payment, you may also be subject to an agreement with the third party.

5.2. Trip Outside may decline to reserve any booking until one day after our payment processor confirms your payment. You understand and agree that such payment methods and services available on this site are provided “AS IS” and that we assume no responsibility for breaches in security, deletion of stored information, or disruptions in network transmissions.

5.3. Trip Outside is not responsible for any failure of our payment processor to remit payment to us or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter with us or directly with our payment processor before we will acknowledge any payment by you.

6. Booking

6.1. You should carefully review the description of any experience you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Supplier has specified in their listing.

6.2. You acknowledge that Trip Outside is acting as a booking agent for Suppliers identified in the transaction and that Supplier is the sole issuer of the services (“Supplier Services”). Some Suppliers may require you to sign liability waivers prior to participating in the service that you have purchased from that Supplier through our site. Any waivers executed between you and Supplier are strictly between you and Supplier and in no way creates a contractual agreement between you and Trip Outside.

6.3. Any cancellation of reservation(s), denial in access to services or products or forfeiture of money paid as a result of violations of Supplier terms is in Supplier’s sole discretion and outside the scope of Trip Outside’s responsibility and authority.

6.4. Trip Outside cannot process any cancellations or refunds; all cancellations and refunds must be handled directly with the outfitter/supplier providing the service.  No discounts or refunds will be issued by Trip Outside or its affiliates for missed or unused services purchased through our site and were missed or unused by User through no fault of Trip Outside or its representatives.

6.5. Suppliers have the ultimate responsibility for the safety of you and your party. In the event that the trip or activity is no longer safe due to any reason, the Supplier has the right to cancel the whole or part of the trip or activty (before or after departure). The Supplier will contact you directly in case of cancellation.

7. Ratings and Reviews

7.1. Users with a Trip Outside Account may, within a certain timeframe, leave a public review and submit a star rating about the Supplier. Any ratings or reviews reflect the opinion of the individual Users and do not reflect the opinion of Trip Outside. Trip Outside provides this review system as a means through which Users can share their opinions publicly and Trip Outside does not monitor or censor these opinions.

7.2. You may be held legally responsible for damages suffered by Suppliers or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Trip Outside is not legally responsible for any ratings or reviews posted or made available on the Site by any Users or third-parties, even if that information is defamatory or otherwise legally actionable.

8. Term and Termination

8.1. This Agreement shall be effective for a 30-day term (“Term”), at the end of which it will automatically and continuously renew for a subsequent Term until you or Trip Outside terminate the Agreement in accordance with this provision.

8.2. You may terminate this Agreement at any time by sending us an email at [email protected] with “Terminate” in the subject line.

8.3. Trip Outside may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. Trip Outside may terminate this Agreement without notice in the event (i) you materially breach your obligations under these Terms of Use; (ii) you violate applicable laws, regulations or third party rights; or (iii) Trip Outside believes in good faith that termination is reasonably necessary to protect the personal safety or property of Trip Outside, its registered users, or third-parties.

8.4. The clauses of these Terms of Use that should reasonably survive termination of the Agreement will remain in effect.

9. Disclaimer

9.1. Should you choose to use the Trip Outside Platform, you do so voluntarily and at your sole risk. You agree that some experiences or events or Supplier Services may carry inherent risk, and by participating in those Supplier Services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Supplier Service.

9.2. You agree not to rely on the Trip Outside Platform, the Trip Outside Platform Services, any information on the Site or the continuation of the Site. The Trip Outside Platform and Trip Outside Platform Services are provided “AS IS” and on an “AS AVAILABLE” basis. Trip Outside makes no express representations or warranties with regard to the Trip Outside Platform, the Trip Outside Platform Services, or any activities or items related to this Agreement or the other terms of service. To the maximum extent permitted by applicable law, Trip Outside disclaims all express and implied conditions, representations, and warranties, including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement.

10. Limited Liability

10.1. To the maximum extent provided by law, you acknowledge and agree that the entire risk arising out of your access to and use of the Trip Outside Platform, your participation in any experience or event or use of any Supplier Service or any other interaction you have with other account users whether in person or online remains with you. Neither Trip Outside nor any party affiliated with it will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Use, the use or inability to use the Trip Outside Platform or any affiliated services.

11. Indemnification

11.1. You agree to release, defend, indemnify, and hold Trip Outside and its affiliates, officers, directors, employees, agents and assigns, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of the Terms of Use or policies, (ii) your improper use of the Trip Outside Platform or Services, (iii) your interaction with any Supplier, participation in an experience, event or other Supplier Service, including, without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third-party rights.

12. Arbitration Agreement

12.1. Trip Outside is committed to engaging in a consumer-friendly dispute resolution process. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Georgia before one arbitrator with ten (10) years of active practice in business law. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

12.2. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the provision shall be given full force and effect. Additionally, this provision will survive any termination of these Terms of Use and will continue to apply even if you stop using the Trip Outside Platform or terminate your Trip Outside account.

13. Governing Law

13.1. This Agreement, the Supplier Service Provider Agreement, and Privacy Policy will be governed by and construed in accordance with the laws of the State of Georgia, without regard to the conflict of law provisions.

14. General Contract Provisions

14.1. These Terms of Use constitute the entire Agreement between Trip Outside and you pertaining the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Trip Outside and you in relation to the access to and use of the Trip Outside Platform.

14.2. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Trip Outside’s prior written consent. With 30 days prior notice, Trip Outside may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.