Terms of Use

Last Updated: April 23, 2017

These Terms of Use set forth the terms and conditions that apply to your access and use of the internet website owned and operated by 10Adventures.com Inc (“10Adventures”, “we”, “our” or “us”) and located at 10adventures.com (the “Site”) and the services available thereon, including without limitation the services that enable you to receive information and route maps about hiking routes in various regions (the “Services”), whether or not you create an account with 10Adventures.

THESE TERMS OF USE CONSTITUTE YOUR AGREEMENT WITH 10ADVENTURES WITH RESPECT TO YOUR USE OF THE SERVICES.  YOU MUST COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THE TERMS OF USE IN ORDER TO USE THE SITE AND/OR SERVICES.

WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME.  SUCH MODIFIED TERMS OF USE WILL BECOME EFFECTIVE UPON OUR POSTING SUCH TERMS OF USE TO THE SITE.  YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES AFTER SUCH A MODIFICATION HAS BEEN POSTED SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF ANY SUCH MODIFIED TERMS OF USE.  IT IS YOUR OBLIGATION TO REVIEW THE TERMS OF USE AND TO BECOME AWARE OF ANY MODIFICATIONS.

IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE SERVICES.

You should also read the 10adventures Privacy Policy located at 10adventures.com/privacy-policy/ , as it may be amended from time to time in the future (the “Privacy Policy”), which is incorporated by reference into these Terms of Use.  If you do not accept and agree to be bound by all of the terms of these Terms of Use, including the 10Adventures Privacy Policy, do not use the Services.

10Adventures may update these Terms of Use or the Privacy Policy at any time, without notification to you, and you should review these Terms of Use and the Privacy Policy from time to time by accessing the Site.  Your continued use of the Site and/or the Services shall be deemed irrevocable acceptance of any such revisions. Before you continue, you should print or save a local copy of these Terms of Use and the Privacy Policy for your records.

Eligibility

You must be 18 years of age or older to visit or use this Site or the Services in any manner. By visiting the Site and accepting these Terms of Use, you represent and warrant to us that you: (i) are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use; and (ii) will use the Site in a manner consistent with any and all applicable laws and regulations.

Term of Agreement

These Terms of Use will remain in full force and effect while you use the Site and/or Services or have a 10Adventures Account (as defined below).

Termination of Access to Services

We may, in our sole discretion, terminate or suspend your access to all or part of the Site or Services at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Services or the internet by others may be grounds for termination of your access to all or part of the Services at our sole discretion, and you may be referred to appropriate law enforcement agencies. After your access to the Service is terminated for any reason, all terms of these Terms of Use survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

Intellectual Property Rights

All material available on the Site and all material and services provided by or through 10Adventures, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with these Terms of Use, 10Adventures grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you through the Site or otherwise.

If 10Adventures, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services, or any of its, yours or a third party’s system, then 10Adventures may immediately suspend access to or use of the Services.  The suspension of use and access is not a breach of these Terms of Use. You acknowledge that the preservation of security, confidentiality and data is paramount. 10Adventures has no liability to you for suspending the Services under this provision.

You agree that any ideas, suggestions, concepts, processes or techniques which you provide to 10Adventures related to the Services, the Site or 10Adventures or its business (“Feedback”) are and shall be 10Adventures’ exclusive property without any compensation or other consideration payable to you by 10Adventures, and you do so of your own free will and volition. 10Adventures may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative 10Adventures may decide into the Site, its software, Services, documentation, business or other products, or any future versions or derivatives of the foregoing.  You hereby assign all rights on a worldwide basis in perpetuity to 10Adventures in any Feedback and, as applicable, waive any moral rights.

For the purposes of these Terms of Use and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.

10Adventures retains the right to use or share any Aggregated Data generated by anyone using our Site, including our users, for the purpose of enhancing and providing the Services.  “Aggregated Data” means data which does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information.

10Adventures does not sell information about your customer leads to third parties.

Your Profile Information and Account

You agree that 10Adventures is providing you with one user identification reference that you shall use to create a username and password (together, the “User ID”) to the extent, and only to the extent, necessary to access and use the Site and Services in accordance with these Terms of Use. You agree and understand that you are responsible for maintaining the confidentiality of your User ID.  That User ID, together with any or other user information you provide, will form your “Profile Information” and allow you to access your account (“Account”).  You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information.  You represent and warrant to 10Adventures that you have not misrepresented any Profile Information. You are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Services.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your User ID to any third party.  You are solely responsible for all activities that occur under your Account or under your Profile Information.  If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying 10Adventures immediately.  It is your responsibility to update or change any Account or Profile Information, as appropriate.

In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any 10Adventures subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting apply@10hikes.com. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so.

Acceptable Use and Conduct:

You agree that you will not use the Site or Services in a manner that:

(a)contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b)is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;

(c)is harmful to minors in any way;

(d)is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by 10Adventures;

(e)interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or that otherwise negatively affects other persons’ ability to use the Site or Services;

(f)uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;

(g)stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;

(h)collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;

(i)requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;

(j)attempts to gain unauthorized access to the computer systems of 10Adventures or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;

(k)posts adult or pornographic content;

(l)decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other 10Adventures technology;

(m)copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;

(n)accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services; or

(o)accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.  THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  10ADVENTURES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

10ADVENTURES DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU AGREE THAT FROM TIME TO TIME 10ADVENTURES MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU.  YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT 10ADVENTURES, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.  10ADVENTURES MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY ADVERTISING ON THE SITE OR SERVICES; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.

10ADVENTURES IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY 10ADVENTURES, TELECOMMUNICATIONS PROVIDERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY 10ADVENTURES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 10ADVENTURES OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY 10ADVENTURES FROM ITS FACILITIES IN CANADA. 10ADVENTURES MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Third Party Sites and Content

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site.  These other websites are not under 10Adventures’ control, and you acknowledge that 10Adventures is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by 10Adventures or any association with its operators.  You further acknowledge and agree that 10Adventures 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 the use of or reliance on any such third party content, goods or services available on or through any such website or resource.  Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL 10ADVENTURES OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY, ARISING OUT OF OR RELATING TO YOU (OR ANYONE ELSE’S) USE OR NON-USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE SERVICE, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF 10ADVENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE.  10ADVENTURES’ TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THESE TERMS OF USE IS LIMITED TO A MAXIMUM OF $100.  TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, 10ADVENTURES’ LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW.  NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, 10ADVENTURES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO 10ADVENTURES OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS SHALL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN 10ADVENTURES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.  YOU ALSO AGREE THAT 10ADVENTURES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

10Adventures shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.

Waiver of Jury Trial and Class Action Rights

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, AND/OR THESE TERMS OF USE: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Limitation of Time

You agree that you will not bring a claim under or related to these Terms of Use more than 12 months from when your claim first arose.

Indemnity

You agree to indemnify, defend, and hold harmless 10Adventures, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to these Terms of Use, the Site or the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site and/or the Services, including without limitation your Profile Information and any third party content forming part of the Site;  (b) your violation or alleged violation of these Terms of Use; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. 10Adventures reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 10Adventures and you agree to cooperate with 10Adventures’ defense of these Claims. You agree not to settle any matter without the prior written consent of 10Adventures. 10Adventures will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

Miscellaneous

If there is any dispute between you and 10Adventures about or involving these Terms of Use, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions.

Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with these Terms of Use will be referred to and finally resolved by arbitration under the rules of the Arbitration Act (Alberta).  The case will be adjudicated by a single arbitrator as selected by 10Adventures, and the place of arbitration will be Calgary, Alberta, Canada.  The language of the arbitration will be English.

Any claim, proceeding or action that arises under these Terms of Use shall submit to the exclusive jurisdiction of the courts in Calgary, Alberta with respect to any claim, proceeding or action relating to or otherwise involving the ownership of intellectual property, howsoever arising, provided always that 10Adventures may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that is unlawful, void or unenforceable shall be stricken from these Terms of Use.

You agree that these Terms of Use are specifically enforceable by 10Adventures through injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if 10Adventures does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which 10Adventures has the benefit of under any applicable law), this will not be taken to be a formal waiver of 10Adventures’ rights and that those rights or remedies will still be available to 10Adventures.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

These Terms of Use, the Privacy Policy, and any other agreement or document referenced herein is the entire agreement between you and 10Adventures related to the subject matter in these Terms of Use.  These Terms of Use replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, except the Privacy Policy and any other agreement or document referenced herein, and may not be changed except in writing signed by you and 10Adventures, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.

Contacting 10Adventures

You may contact 10Adventures by email at apply@10hikes.com.