Terms of Use

Please read these Terms of Use carefully, as the provisions set forth below govern your use of upventur.com, and contain important information about limitations on our liability and the resolution of any disputes between you and us through arbitration.

Outdoor Reservation Management Group, Inc. (“ORMG”) may update or revise these Terms of Use (including any ORMG Policies) from time to time. You agree that you will review the Terms of Use periodically. You are free to decide whether or not to accept a modified version of the Terms of Use, but accepting the Terms of Use, as modified, is required for you to continue using the Services. You may have to click "accept" or "agree" to show your acceptance of any modified version of the Terms of Use.

If you do not agree to the terms of the Terms of Use, your sole recourse is to terminate your use of this website, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by ORMG, any use of the Services (e.g., the use of the Reservation Services) is subject to the version of the Terms of Use in effect at the time of use.

Your continued use of this website, including following any amendments to the Terms of Use, will be considered conclusive proof of your acceptance of the Terms of Use.

The Terms of Use include: (1) Use of Our Website; (2) Reservation and Services; (3) Privacy Policy; and (4) General Terms

 

Definitions

By "ORMG" we mean the features and services we make available, including but not limited to our website at upventur.com and any other ORMG branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.

By "Guide" we mean the person, agency or company responsible for delivering and managing the Service made available through Upventur.com.

By "Customer" we mean the person, agency or company paying for services delivered by the Guide through Upventur.com.

By "Service" we mean the trips, adventures, or other services provided by Guides, available for reservation through upventur.com.

By "information" or "content" we mean facts and other information about a Guide, including anything you or other users post on upventur.com.

By “User” or “you” we mean Guides, customers, and other individuals who visit and use upventur.com.

 

Part 1 – Use of Our Website

As a condition of your use of upventur.com, you agree: (1) you are legally able to enter into a binding contract; (2) you will abide by the Terms of Use while using this website; (3) all information you provide on Upventur.com or to ORMG is true, accurate, and complete; and (4) you will safeguard your account information and be solely responsible for any use of your account.

 

Account
  • You agree to maintain your account solely for your own use.  You may delete your account at any time.  ORMG is not liable to you or others for any unauthorized transactions made using your account, and you may be liable to ORMG for charges incurred during the unauthorized use of your account.
  • Users may not take any action which would violate ORMG’s rights or the rights of another User, including the following:
  • Collect, harvest, mine, or engage in any other activity to obtain personal information about others;
  • Engage in or promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
  • Use Upventur.com for any commercial purpose without prior written approval from ORMG;
  • Provide any false personal information, or create an account for anyone other than yourself;
  • Share your user name or password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
  • Use, or attempt to gain access to or use another’s account, user name, or password;
  • Select or use as a user name (a) the name of another person with the intent of impersonating that person, (b) any name, the rights to which are held by another person without appropriate authorization, or (c) any name that is offensive, vulgar or obscene;
  • Access or attempt to access any content that you are not authorized to access;
  • Use the Services in any manner that infringes any Intellectual Property Rights or other rights of any party;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the website or any services, or systems resources;
  • Use any automated script to submit information or enter data on Upventur.com;
  • Transmit unsolicited, spam, or bulk communications to any User or ORMG-affiliated e-mail address;
  • Disrupt, interfere with or inhibit any other user from using and enjoying the Services or other affiliated or linked sites, content or services;
  • Access or use the Services in any manner that could damage, disable, overburden or impair any ORMG server or the network(s) connected to any ORMG server; or
  • Use any ORMG domain name as a pseudonymous return e-mail address.
  • Without limiting other remedies available to it, ORMG may, at its sole discretion and without advance notice, suspend, restrict, or terminate your access to Upventur.com.

 

Listing Rules for Guides

By registering with Upventur.com and listing, or requesting that Upventur.com list, a Guide and Services, a Guide agrees the Guide is responsible for the accuracy and content of the listing.  Guides acknowledge that listings may not be searchable for up to 24 hours after a listing is created, and that the appearance and placement of listings in search results may depend on a Customer’s search filters and is outside of the control of Upventur.com.

 

Review Rules

Users may submit reviews and contributions, subject to the Terms of Use and the Privacy Policy.  By submitting reviews and contributions, you grant Upventur.com a nonexclusive, royalty-free, and irrevocable license to use, reproduce, publish, and distribute the review or contribution, and to use the name you submit in connection with your submission.

By submitting your review, you represent and warrant that:

  • You own or control the content of your review and it is your own original work.
  • Your review is truthful and the content is not defamatory and does not violate any applicable laws or contain abusive, offensive, or obscene material;
  • Your submission does not contain any viruses, worms, Trojan horses or other computer program that may damage or affect any system or data; and
  • Your submission does not violate any of the prohibitions listed above in the “Account” section.

We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from this website without notice after publication at our sole discretion.  ORMG is not liable for the content of any review, contribution, or comment posted or uploaded to Upventur.com by any User.

 

Links to Third-Party Sites

This Website may contain links to external websites operated by our selected vendors, or other third party websites.  These links are provided for your reference only, and our inclusion of these links does not constitute an endorsement of the material accessible through the links.  ORMG is not responsible for the content or security of these websites, and your access and use of these websites will be subject to the terms and conditions of those websites.

 

Part 2 – Reservation and Services

Upventur.com does not own or provide the Services listed on this website, or employ the Guides who provide the Services.  Guides are independent contractors, and not employees or agents of ORMG.  By making a reservation through Upventur.com, a Customer enters into a contract directly with a Guide, and the reservation will be subject to the Guide’s terms and conditions and privacy policy, if applicable.  Your reservation may be cancelled if you do not agree to a Guide’s terms and conditions.  Upventur.com is not responsible for the accuracy or completeness of a listing or content.

Upventur.com does not make any representation or warranty as to the identity, quality, or reliability of a Guide, or any aspect of the Services, and you agree not to seek to hold Upventur.com or ORMG liable for a Guide’s performance of, or failure to provide, Services.  If any issues arise regarding services, you agree to address and resolve those issues solely with the Guide.

Upventur.com and ORMG are not liable for the acts, errors, omissions, representations, warranties, or negligence of any Guides, or for personal injuries, property damage, or related expenses resulting from your use of the Services.


Your Content and Community

Share your own stuff You own the content you post within your user profile. Please post authentic experiences and don’t copy content from the Internet that you don’t have the right to post. You can share content, but you need to source. 

Be appropriate with your posts
Users like to share photos or videos of their children. For safety reasons, there are times when we may remove images that are deemed inappropriate, show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways. 

Be authentic
Help us stay spam-free by not artificially collecting likes, followers, or shares, posting repetitive comments or content, or repeatedly contacting people for commercial purposes without their consent.Obey the law

Do not share inappropriate experiences and content, specifically related to, but limited to sexual content, politics, terrorism, hate crimes, offering to buy or sell inappropriate materials, threatening other users or anything illegal.  

Upventur has no tolerance for violence or attacking anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. If any hate speech is being shared we reserve the right to remove your post.

Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.

 

Show Some Respect

Our community is unique in the aspect everyone is there to share, learn and engage with each other in their outdoor experiences. Please help to encourage this positive, diverse community. We reserve the right to remove content that contains credible threats or hate speech, content that targets anyone or any location or event to degrade or shame them, personal information meant to blackmail or harass someone or an organization, and repeated unwanted messages.

 

Pricing and Payment

The price for Services includes the Guide’s stated rate and applicable, non-refundable service fees and charges.  Upventur.com does not guarantee the prices listed by Guides.  A final price will be given prior to your reservation being confirmed.  Prices stated at the time of confirmation will not be subject to adjustment.  Errors in the pricing system are rare but can occur, and these errors will not be honored.

WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE OR ON PENDING RESERVATIONS. IN SUCH AN EVENT, IF APPLICABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

 

Taxes

You acknowledge Upventur.com is not responsible for collecting or remitting any applicable sales or use taxes.  Guides are responsible for determining whether sales or use taxes apply in their locality to the provision of Services.

 

Payment

To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that Upventur.com may use third-party vendors and service providers to process payments, manage payment account information and detect and prevent fraud.

By providing payment account information for your reservation, you represent and warrant that: (1) you are legally authorized to provide such information; (2) you are legally permitted to authorize payments from the payment account; and (3) such action does not violate the terms and conditions applicable to your use of the payment account or applicable law.  The customer is solely responsible for ensuring payment is made according to the terms upon which Customer and Guide agreed.

 

International Purchases

Many Services are accessible to international Guides and Customers.  Guides and Customers are responsible for complying with all laws and regulations applicable to the international sale and purchase of Services.  Some payment service providers impose fees for international transaction, including currency conversion fees.  If you have any questions about these fees or the applicable currency exchange rate, please contact your payment service provider.

 

Changes and Cancellations

Customers’ changes and cancellations are subject to the relevant cancellation and no-show policy of the Guide, and to any additional terms and conditions of the Guide that may apply to your reservation.  If you wish to review, adjust, or cancel your reservation, please refer to the confirmation email and follow the instructions stated in that email.  Please note you may be charged for your change or cancellation in accordance with the Guide’s cancellation and no-show policy, and that certain rates are not eligible for cancellation or change.

In certain circumstances, including unsafe weather conditions, Guides may cancel reservations or terminate Services.  Upventur.com does not guarantee Services will occur as described in listings.

Please review the Guide’s cancellation and refund policies carefully prior to making your reservation.

Upventur.com is not liable for, and will not issue any refunds in the event of, any delay, cancellation, overbooking, strike, force majeure, or other cause beyond the direct control of Upventur.com, including any expenses or delays incurred as the result of the acts or omissions of any governmental agency.

 

Part 3 – Privacy Policy

ORMG is committed to helping you safeguard your privacy online. Please review our Privacy Policy for details about how we collect, use, and disclose information in connection with the Services.

 

Part 4 – General Terms

Intellectual Property Rights and Grant of Rights to Users

The features, information, and materials provided and depicted through Upventur.com are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through Upventur.com (collectively, the "ORMG Content") is provided to Users by ORMG or its partners or licensors solely to support User’s permitted use of Upventur.com. The ORMG content may be modified from time to time by ORMG in its sole discretion. Except as expressly set forth herein, no license is granted to Users for any other purpose, and any other use of Upventur.com or the ORMG Content by Users shall constitute a material breach of the Terms of Use. ORMG and its partners and licensors retain all rights in the ORMG content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of ORMG or any third party is granted under the Terms of Use.

 

Your Representations and Indemnity

You represent and warrant that you own or otherwise control all of the rights to any User content you submit; that all User content you submit is accurate; and that use of such content by ORMG and its other Users, partners, and licensees will not violate the Terms of Use, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at ORMG’s request) defend ORMG, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the "ORMG Parties") from and against all claims resulting from (1) any User content you submit, (2) your use of Upventur.com, or (3) any breach or alleged breach by you of the Terms of Use.

 

Release

Guides are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by you as a result of your interaction with or visit to any Guide or from any Service. You hereby release the ORMG Parties from any and all such Claims.

 

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ORMG PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THE TERMS OF USE, (2) ANY USE OF THE SERVICES, THE ORMG CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES), OR (4) YOUR USE OF ANY GUIDE OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY GUIDE IN CONNECTION WITH THE SERVICES.

You and ORMG understand and agree that the disclaimers, exclusions, and limitations in this Section are essential elements of the Terms of Use and that they represent a reasonable allocation of risk. In particular, you understand that ORMG would be unable to make the Services available to you except on these terms and agree that the Terms of Use will survive and apply even if any limited remedy specified in the Terms of Use is found to have failed of its essential purpose.

 

Disclaimer of Warranties

THE SERVICES, ALL ORMG CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH UPVENTUR.COM, ARE PROVIDED TO USERS ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND.  ORMG EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.  ORMG DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ORMG WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH UPVENTUR.COM FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS.  ORMG SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ORMG.


THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Waiver

Any waiver of any provision of the Terms of Use, or a delay by any party in the enforcement of any right hereunder, will neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

 

Severability

If any of the provisions, or portions thereof, of the Terms of Use are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, the Terms of Use shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

Government End Users

The Services constitute a "commercial item" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all United States Government end users acquire Upventur.com mobile applications with only those rights set forth therein.

 

Export Control

You may not use, export, or re-export any Upventur.com mobile application or other aspects of ORMG (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not included on any U.S. Government list of prohibited or restricted parties.

 

Termination

ORMG may suspend your ability to use all or any element of Upventur.com effective immediately, without notice or explanation. Without limiting the foregoing, ORMG may suspend your access to the Upventur.com if we believe you to be in violation of any part of the Terms of Use. After any suspension or termination, ORMG, in its sole discretion, will determine whether you may use Upventur.com or re-establish an Account.  ORMG will not be liable to you for any termination of your account or access to Upventur.com, or for any effects of that termination. You may discontinue your use of Upventur.com at any time. You understand that any termination of your Account may involve the deletion of content stored in your account for which ORMG will have no liability whatsoever.

 

Notify Us of Infringers

If you believe any of the ORMG content violates your copyright, notify us in writing.

In order for us to take action, you must provide the following information in your notice:

(a) your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so it may be located;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Again, ORMG cannot take action without all of the required information.

 

Choice of Law

The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

 

ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

Any and all controversies, disputes, demands, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, claim, or cause of action) between you and the ORMG Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.  If you intend to seek arbitration, you must first send to ORMG, by certified mail, a written Notice of Dispute ("Notice").  The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought.  If you and ORMG cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or ORMG may commence arbitration

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by the Terms of Use, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").


You are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and ORMG must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR ORMG MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, ORMG will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) ORMG also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side will pay its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.


Notwithstanding the foregoing, either you or ORMG may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dallas or Tarrant County, Texas.  Additionally, either party may seek emergency equitable relief before the state or federal courts located in Dallas or Tarrant County, Texas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dallas or Tarrant County, Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

ORMG reserves the right to revise any or all of the content on Upventur.com, and to modify any features, specifications, or materials without notice.