MTBguru –Terms of Service

Gurus, Travelers & Tour Companies

Last Updated: February 11, 2018

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the MTBguru App, you agree to comply with and be bound by these Terms of Service, and are effective as of the date you first submit a Profile, book a meeting/time with a Guru or Traveler (“GURUtime”), or book a trip/tour  with a tour company (“PROtrip”).

Guru Media LLC, (“Guru Media,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.mtbguru.co (the “Site”) and through its mobile application (“App”)  (collectively, such services, including any new features and applications, and the Site, the “Service(s)”) (the Site and App are collectively referred to as the “Platform”) subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).  Users of the Platform, whether Gurus, Travelers, Additional Travelers (as defined herein) or Tour Companies are referred to herein as “Users” or “You”).  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using the Services, you will be subject to any additional terms applicable to such Services that may be posted on the Platform from time to time, including, without limitation, the Privacy Policy located at http://www.mtbguru.co/privacy-policy/ and End User License agreement, located at http://www.mtbguru.co/EULA/.  All such terms are hereby incorporated by reference into these Terms of Service.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE.

  1. Access and Use of the Service
  2. Services Description:

The Service is an online Platform that connects local mountain bikers who have knowledge of and experience with a particular geographic area (users of the Services referred to as “Gurus”) with other mountain bikers that seek to meet such locals (users of the Services referred to as “Travelers”, and includes those “Additional Travelers” listed by the primary Traveler at the time of booking).  Travelers are able to book time with a Guru based on various criteria and availability.  It is up to the individual Traveler(s) and Guru to decide what they wish to do during the reserved and booked time (“GURUtime”).  Note that GURUtime is approximate only, and may run slightly over or slightly under whole hours.   Travelers are also able to book mountain bike tours or trips with mountain bike tour companies (“Tour Companies”).  A tour or trip with a Tour Company is referred to as a “PROtrip”.

Through the Services, Gurus may create and post profiles (“Profiles”) that provide information about the Guru’s knowledge, experience and interests, as well as their availability on particular dates and times to meet with Travelers.  Gurus set their own price for their time on an hourly basis, with a minimum of $10 per hour (“Minimum Rate”).  Through the Services, Tour Companies may also create and post Profiles that provide information about the Tour Company’s services, tour/trip offerings, as well as their availability on particular dates and times.  Tour Companies set their own price for their PROtrips.

  1. Relationship of the Parties

If you create a Profile (as a Guru or a Tour Company) and/or book GURUtime or a PROtrip (as a Traveler), you understand and agree that your relationship with Guru Media is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, commercial joint-venturer, or partner of Guru Media for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Guru Media.  Guru Media shall not control, and has no right to control, your Profile (other than to ensure that it complies with our Terms of Service), the price charged by a Guru for GURUtime (other than setting the Minimum Rate), any details in connection with what you as a Guru or Traveler decide to do during GURUtime, the price charged by a Tour Company for a PROtrip, or the services offered or provided by a Tour Company during  a PROtrip.

You acknowledge and agree that you alone are responsible for any Profile you submit or post, whether you (as a Traveler) decide to book GURUtime with any particular Guru or a PROtrip with any Tour Company, whether you (as a Guru) decide to accept a request to book GURUtime by any Traveler, whether you (as a Tour Company) decide to offer any particular service during a PROtrip or accept the booking of any Traveler, and for any offline activities engaged in during, or associated with, GURUtime or a PROtrip.

When Gurus and Travelers, or Tour Companies and Travelers, make, receive, or accept a booking through the Services, they are entering into a contract directly with each other.  Guru Media is not a party to any transactions between Gurus and Travelers or between Tour Companies and Travelers.

Guru Media merely provides the Services and is not itself an operator or provider of tours, guiding services, recreational services, activities, travel services, or any other activities a Guru and Traveler may decide to do during their GURUtime, or a Traveler and Tour Company may decide to do during a PROtrip.  Guru Media does not own, sell, resell, furnish, provide, manage and/or control any such GURUtime or PROtrip. Guru Media’s responsibilities are limited to making the Services available through its Site and Application.

  1. Account Registration

You must register an account (“Guru Account”) to access and use certain features of the Services, such as publishing a Profile or booking GURUtime with a Guru or a Protrip with a Tour Company.

You can register a Guru Account using an email address, mobile phone number and creating a password, or through your account with certain third-party social networking services, such as Facebook .

You must provide accurate, current and complete information during the registration process and keep your Guru Account and Profile page information up-to-date at all times.

You may not register more than one (1) Guru Account. You may not assign or otherwise transfer your Guru Account to another party.

You are responsible for maintaining the confidentiality and security of your Guru Account credentials and may not disclose your credentials to any third party. You must immediately notify Guru Media 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 Guru Account. You are liable for any and all activities conducted through your Guru 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).

  1. No Endorsements

While we hope Gurus and Travelers will enjoy their GURUtime and PROtrips, we do not endorse any Guru, Tour Company or Traveler. We can’t guarantee or control the accuracy, completeness, quality, safety, suitability, satisfaction or usefulness of any Guru, Tour Company or Traveler, nor the conduct of any Guru, Tour Company or Traveler or other users of the Services. The decision whether to list, book, or participate in a GURUtime or PROtrip is yours alone, and you do so at your sole risk.

  1. You Must Comply with Your Local Laws

WHETHER YOU ARE A GURU, TRAVELER OR TOUR COMPANY, YOU ALONE ARE RESPONSIBLE FOR IDENTIFYING, UNDERSTANDING AND COMPLYING WITH ALL LAWS THAT APPLY TO YOUR GURUTIME OR PROTRIP. IF YOU’RE A GURU OR TOUR COMPANY, PLEASE MAKE SURE YOU READ, UNDERSTAND AND COMPLY WITH ALL THE LAWS THAT APPLY TO YOUR GURUTIME OR PROTRIP, INCLUDING BUT NOT LIMITED TO ANY PERMITS OR INSURANCE REQUIREMENTS THAT YOU MAY HAVE TO SECURE BEFORE ACCESSING A PARTICULAR TRAIL OR AREA.  FOR EXAMPLE, ON FEDERAL LANDS, YOU MAY HAVE TO REGISTER, GET A PERMIT, OR OBTAIN A LICENSE AND SECURE INSURANCE BEFORE ACCESSING A PARTICULAR AREA.

BY CREATING A PROFILE AND/OR BOOKING OR RESERVING GURUTIME OR A PROTRIP, YOU REPRESENT AND WARRANT TO GURU MEDIA THAT YOU UNDERSTAND AND WILL COMPLY WITH ALL LAWS THAT APPLY TO YOUR GURUTIME OR PROTRIP. IF YOU ARE A TRAVELER AND BOOK GURUTIME YOU REPRESENT AND WARRANT THAT YOU WILL NOT BRING ADDITIONAL TRAVELERS TO THE GURUTIME OTHER THAN THOSE THAT ARE SPECIFICALLY LISTED AND PAID FOR AT THE TIME OF BOOKING.

  1. Financial Terms

When Gurus, Tour Companies and Travelers make, receive, or accept a booking through the Services, they are contracting only with each other, and Guru Media is not a party to that transaction. Notwithstanding, Gurus and Tour Companies agree to appoint Guru Media as their payment collection agent for the limited purpose of collecting payments from Travelers on their behalf.

Guru Media uses Braintree, a division of PayPal, Inc. (“Braintree”) for payment processing. In order for you to use Braintree’s payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.

Each Guru and Travel Company agrees that a payment made by a Traveler through Guru Media shall be considered the same as a payment made directly to the Guru or Travel Company, and that the Guru will make its GURUtime available to the Traveler, and the Travel Company will make its PROtrip available to the Traveler, in the agreed-upon manner as if the Guru or Travel Company has received the payment. Each Guru and Travel Company understands that Guru Media (through Braintree) accepts payments from Travelers as the Guru’s and Travel Company’s limited payment collection agent and that Guru Media’s obligation to pay the Guru and Travel Company is subject to and conditional upon successful receipt of the associated payments from the Traveler.  Guru Media does not guarantee payments to Gurus or Travel Companies for amounts that have not been successfully received by Guru Media from Travelers. In accepting appointment as the limited collection agent of the Guru, Guru Media assumes no liability for any acts or omissions of the Guru, Traveler or Tour Company.

Gurus and Tour Companies understand and agree that they are responsible for determining any applicable tax reporting requirements and agree to pay any taxes applicable to their “GURUtime Fees” or “PROtrip Fees”.  GURUtime Fees are the fees payable by a Traveler for GURUtime.  PROtrip Fees are the fees payable by a Traveler for a PROtrip.  The Guru, and not Guru Media, is solely responsible for setting his or her GURUtime Fees, other than complying with the Minimum Rate.  Travelers will see and have to agree to applicable GURUtime Fees before booking GURUtime.  The Tour Company, and not Guru Media, is solely responsible for setting its PROtrip Fees.  Travelers will see and have to agree to applicable PROtrip Fees before booking a PROtrip.

Guru Media charges service fees for use of the Services (“Service Fees”) related to GURUtime and PROtrips. Service Fees for GURUtime are calculated as a percentage of the applicable GURUtime Fee, before payment processing fees are deducted by Braintree (“Braintree Fee”).  Service Fees are twenty-seven percent (27%) of the total GURUtime Fee.  The Braintree Fee is taken entirely from the Service Fee.  Gurus authorize Guru Media to deduct Service Fees from the applicable GURUtime Fees before issuing payment to the Guru. Where applicable, taxes may also be charged in respect to GURUtime Fees and/or Service Fees.

Service Fees for PROtrips are calculated as a percentage of the applicable PROtrip Fee, after payment processing fees are deducted by Braintree (“Braintree Fee”).  Service Fees are twenty-two percent (22%) of the total PROtrip Fee.  The Braintree Fee is taken entirely from the Service Fee.  Tour Companies authorize Guru Media to deduct Service Fees from the applicable PROtrip Fees before issuing payment to the Tour Company. Where applicable, taxes may also be charged in respect to GURUtime Fees, PROtrip Fees and/or Service Fees.

Except as otherwise provided in the Guru Media Cancellation Policy (which can be found at http://www.mtbguru.co/cancellation-policy ), Service Fees are non-refundable. We reserve the right to modify or charge additional Service Fees at any time, and if we do so, we will give you prior notice via email and/or the Site, Application or Services.

Travelers agree to pay applicable GURUtime Fees, PROtrip Fees and any applicable taxes for any booking confirmed in connection with their Guru Account.

You as a Traveler acknowledge and agree that, notwithstanding the fact that Guru Media is not a party to the agreement between you and the Guru or you and the Tour Company, Guru Media acts as the Guru’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Guru or Tour Company. Upon Traveler’s payment of the GURUtime Fees or PROtrip Fees (and any applicable taxes) to Guru Media, Traveler’s payment obligation to the Guru for the GURUtime or the Tour Company for a PROtrip is extinguished, and Guru Media is responsible for remitting the payment (less the Service Fees, Braintree Fee and, where applicable, taxes), in the manner described herein.

Payouts to the Guru or Tour Company are initiated in most cases within 10 days of the end of the GURUtime or PROtrip (except to the extent that a refund is due to the Traveler). The time it takes for the Guru or Tour Company to receive payouts may depend upon the payout method chosen by the Guru or Tour Company, and Guru Media makes no guarantees in this regard.

  • Financial Terms for Gurus

Guru Media, through Braintree, will collect the GURUtime Fees from a Traveler at the time the Traveler’s booking request is accepted by the Guru, or at any other time mutually agreed between the Traveler and Guru Media.

4.1.1 Payouts

Gurus are entitled to a portion of the applicable GURUtime Fee (a “Payout”).  Payouts are calculated at seventy-three percent (73%) of the applicable GURUtime Fee.

The time it takes for a Guru to receive its Payout may depend upon the Payout Method you select, but are initiated in most cases within 10 days of the end of the GURUtime. Guru Media may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

In the event that a refund is due to a Traveler, Guru Media may automatically deduct the amount of the refund from the next Payout due to the Guru.

If you owe any amount to Guru Media (e.g., as a result of your bookings, cancellations or other actions as a Guru or Traveler), you authorize Guru Media to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your Guru Account. Any funds collected by Guru Media will offset the amount owed by you to Guru Media and extinguish your obligation to Guru Media. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

  • Financial Terms for Tour Companies

 

Guru Media, through Braintree, will collect the PROtrip Fees from a Traveler at the time the Traveler’s booking request is accepted by the Tour Company, or at any other time mutually agreed between the Traveler and Guru Media.

 

  • Payouts

Tour Companies are entitled to a portion of the applicable PROtrip Fee (a “Payout”).  Payouts are calculated at seventy-eight percent (78%) of the applicable PROtrip Fee.

The time it takes for a Tour Company to receive its Payout may depend upon the Payout Method you select, but are initiated in most cases within 10 days of the end of the GURUtime. Guru Media may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

In the event that a refund is due to a Traveler, Guru Media may automatically deduct the amount of the refund from the next Payout due to the Tour Company.

If you owe any amount to Guru Media (e.g., as a result of your bookings, cancellations or other actions as a Tour Company), you authorize Guru Media to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your Guru Account. Any funds collected by Guru Media will offset the amount owed by you to Guru Media and extinguish your obligation to Guru Media. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

  • Financial Terms for Travelers

You authorize Guru Media to charge your Payment Method the GURUtime Fees or PROtrip Fees for any booking requested in connection with your Guru Account.  Guru Media will collect the GURUtime Fees or PROtrip Fees in the manner agreed between you and Guru Media via the Platform. Guru Media will generally collect the GURUtime Fees or PROtrip Fees after the Guru or Tour Company accepts your booking request.  Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email and/or message through the App.

  1. User Conduct, Termination, Suspension and Other Measures

To help our users have good experience(s) with the Platform, Gurus, Travelers and Tour Companies agree to the following terms of conduct:

  • Travelers will not bring additional people to a GURUtime meeting unless those individuals are included and accounted for in the Traveler’s booking as an Additional Traveler. Traveler represents and warrants that for each Additional Traveler listed and paid for at the time of booking, Traveler has authority to list that Additional Traveler on the Platform and that the Additional Traveler agrees to be bound by these Terms of Service.
  • Travelers and Gurus must be at least eighteen (18) years of age.
  • Travelers, Tour Companies and Gurus will always provide accurate information to one another, as well as any other users of the Services.
  • Travelers and Gurus will mutually decide and agree on what to do during their GURUtime, and those activities shall be legal and shall comply with all applicable federal, state and local laws and regulations.
  • Tour Companies will accurately describe their tour, trip and/or services comprising a PROtrip, and those activities shall be legal and shall comply with all applicable federal, state and local laws and regulations.
  • Travelers, Tour Companies and Gurus will not violate or infringe anyone else’s rights or otherwise cause harm to anyone.
  • Travelers, Tour Companies and Gurus will not breach any agreement you may have with any third party.

If, in our sole discretion, we (Guru Media) think that (a) you’re using the Services in a way that is inappropriate, offensive, fraudulent, or unsafe; (b) you have provided inaccurate, fraudulent, outdated or incomplete information at any time and/or in any place on the Platform; (c) you have violated applicable laws, regulations, or third party rights; or (d) you have violated these Terms of Service or any additional terms applicable to the Services that may be posted on the Platform from time to time, including, without limitation, the Privacy Policy located at http://www.mtbguru.co/privacy-policy/ and End User License agreement, located at http://www.mtbguru.co/EULA/, we may suspend your use of the Services and may take appropriate legal action.

Without limiting our rights specified in these Terms of Service, Guru Media may do any of the following for convenience (for any reason or no reason at all) at any time by giving you 30 days’ notice via email to your registered email address:

  • Cancel your account
  • Terminate these Terms of Service
  • Not surface, pause or deactivate your Profile or other user content
  • Cancel your bookings

In addition, Guru Media may pause, deactivate or delay Profiles, reviews, or other User content, cancel any pending or confirmed bookings, limit your use of or access to your Guru Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Guru Account, or temporarily or permanently suspend your Guru Account if:

  • you have breached these Terms of Service or our policies, including material and non-material breaches, or
  • you receive poor ratings from Gurus, Tour Companies or Travelers, or
  • your Profile for GURUtime does not meet, or at any time fails to meet, the eligibility criteria,
  • there is insufficient demand for your Profile or GURUtime
  • Guru Media believes in good faith that such action is reasonably necessary to protect the safety or property of Gurus, Tour Companies or Travelers, Guru Media or third parties, for fraud prevention, risk assessment, security or investigation purposes.
  1. Disclaimers and Limitation of Liability

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GURU MEDIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SAFETY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TAX-EXEMPT STATUS OR TAX DEDUCTIBILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE GURUTIME, PROTRIP, LAWS, RULES OR REGULATIONS THAT MAY BE APPLICABLE TO THE GURUTIME OR PROTRIP YOU ARE OFFERING AND/OR RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY GURU MEDIA RELATING TO YOUR GURUTIME OR PROTRIP.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS THROUGH, AND INTERACTIONS ARRANGED THROUGH, THE SERVICES. YOU UNDERSTAND THAT GURU MEDIA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES AND HAS NO OBLIGATION TO REVIEW ANY PROFILES, LISTINGS, GURUTIME OFFERS, GURUS, PROTRIP OFFERS, TOUR COMPANIES, TRAVELERS, OR THIRD PARTIES WITH WHOM YOU MAY INTERACT DURING YOUR USE OF THE SERVICES OR DURING GURUTIME. GURU MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USER, GURU, TOUR COMPANY OR TRAVELER OR OF QUALITY AND SAFETY OF GURUTIME OR A PROTRIP. NOTWITHSTANDING GURU MEDIA’S APPOINTMENT AS THE COLLECTION AGENT OF THE THIRD PARTY GURU AND TOUR COMPANY FOR THE LIMITED PURPOSE OF COLLECTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE GURU OR TOUR COMPANY, GURU MEDIA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GURU, TOUR COMPANY OR TRAVELER, OR USER, OR RELATED TO ANY GURUTIME, PROTRIP OR BOOKING.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR PARTICIPATION IN ANY GURUTIME OR PROTRIP AND ANY CONTACT YOU HAVE WITH GURUS, TRAVELERS, TOUR COMPANIES OR THIRD PARTIES THAT ARISE FROM YOUR USE OF THE SERVICES WHETHER IN PERSON OR ONLINE.

YOU UNDERSTAND AND AGREE THAT SOME ACTIVITIES YOU MAY CHOOSE TO ENGAGE IN DURING GURUTIME OR A PROTRIP MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN THOSE ACTIVITIES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME ACTIVITIES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE ACTIVITIES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MADE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN THE ACTIVITIES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU RELEASE GURU MEDIA, ITS INSURERS, SUCCESSORS IN INTEREST, AGENTS, EMPLOYEES, OWNERS, REPRESENTATIVES, ASSIGNEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY “GURU MEDIA PARTIES”) FROM ANY AND ALL LIABILITY, DAMAGES, OR LOSS, WHETHER ECONOMIC OR NON-ECONOMIC, OF ANY TYPE OR CHARACTER.

YOU ACKNOWLEDGE AND AGREE AND UNDERSTAND THAT ENGAGING IN MOUNTAIN BIKING INVOLVES RISKS, INHERENT AND OTHER, INCLUDING BUT NOT LIMITED TO, STEEP AND NARROW TRAILS AND ROADS; IMPACTING MAN-MADE AND NATURAL OBSTACLES AND OBJECTS, OR BEING IMPACTED BY SUCH OBSTACLES OR OBJECTS; JUMPS AND OTHER FEATURES; TERRAIN VARIATIONS; VEHICLES, VARYING AND ADVERSE WEATHER CONDITIONS, DROWNING IN PONDS OR LAKES, EQUIPMENT FAILURE, MISUSE OR MALFUNCTION, FALLING, SLIPPING, JOLTING, OR JARRING, CARELESSNESS AND MISJUDGMENTS ON THE PART OF OTHERS, HIGH ELEVATION; ENCOUNTERS WITH PLANTS, INSECTS OR ANIMALS, CONTACT WITH OTHER RIDERS OR TRAIL USERS OR THEIR PERSONAL PROPERTY, DIZZINESS, FATIGUE, BREAKS, SPRAINS, STRAINS, BRUISES OR OTHER CONTUSIONS; AND PROPERTY DAMAGE.  YOU ACKNOWLEDGE THAT IT IS UP TO YOU TO HAVE THE PHYSICAL ABILITY, DEXTERITY AND KNOWLEDGE TO SAFELY OPERATE A MOUNTAIN BIKE.  YOU FURTHER AGREE THAT ALL OF THESE RISKS AND DANGERS ARE NECESSARY AND INHERENT IN THE SPORT OF MOUNTAIN BIKING.

DESPITE THE RISKS AND DANGERS INVOLVED, IF YOU ENGAGE IN MOUNTAIN BIKING DURING YOUR GURUTIME OR PROTRIP, YOU AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH WHICH MIGHT BE ASSOCIATED WITH THAT ACTIVITY.

YOU ACKNOWLEDGE THAT GURU MEDIA IS NOT RESPONSIBLE FOR THE ACTIVITIES ENGAGED BY THE GURU, TOUR COMPANY AND TRAVELER DURING GURUTIME OR A PROTRIP OR IN ANY WAY RELATED TO THE SERVICES, AND THAT GURU MEDIA HAS NO RIGHT TO AND DOES NOT CONTROL, DIRECT, OR SUPERVISE GURUS, TOUR COMPANIES, TRAVELERS, OR THIRD PARTIES WHO MAY BE PRESENT DURING GURUTIME OR A PROTRIP. GURU MEDIA DOES NOT CREATE OR DELIVER ACTIVITIES ENGAGED IN DURING GURUTIME OR PROTRIPS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW GURU MEDIA WILL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF OR IN CONNECTION WITH GURUTIME, PROTRIPS, LISTINGS OR YOUR PARTICIPATION IN ANY ACTIVITY DURING GURUTIME OR PROTRIPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

WHILE NOT PERMITTED, IF YOU BRING A MINOR TO GURUTIME OR A PROTRIP, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR GURUTIME OR PROTRIP AND TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU AGREE TO RELEASE AND HOLD HARMLESS GURU MEDIA PARTIES FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE GURUTIME OR PROTRIP OR IN ANY WAY RELATED TO YOUR GURUTIME OR PROTRIP.

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES OR PARTICIPATION IN GURUTIME OR A PROTRIP REMAINS WITH YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GURU MEDIA PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE 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 SERVICE, FROM THE USE OF OR INABILITY TO USE THE SERVICES, YOUR PARTICIPATION OR BOOKING OF ANY GURUTIME OR PROTRIP, POSTING OF A PROFILE, ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR PARTICIPATION IN GURUTIME OR A PROTRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GURU MEDIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL GURU MEDIA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY GURUTIME OR PROTRIP VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR IN CONNECTION WITH ANY GURUTIME OR PROTRIP OR INTERACTION WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR GURUTIME OR A PROTRIP VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GURU OR TOUR COMPANY, THE AMOUNTS RECEIVED BY YOU FROM GURU MEDIA IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GURU MEDIA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE NEVER TO SUE GURU MEDIA PARTIES FOR ANY PROPERTY DAMAGE, INJURY OR LOSS, INCLUDING DEATH, WHICH ARISES IN WHOLE OR IN PART OUT OF YOUR PARTICIPATION IN ANY ACTIVITY, INCLUDING BUT NOT LIMITED TO MOUNTAIN BIKING, OR ANY OTHER ACTIVITY, DURING GURUTIME OR A PROTRIP OR IN ANY WAY RELATED TO THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BASED ON GURU MEDIA PARTIES’ ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY.

YOU ACKNOWLEDGE THAT THIS AGREEMENT WILL PREVENT YOU FROM FILING SUIT OR MAKING ANY CLAIM FOR DAMAGES IN THE EVENT OF INJURY OR DEATH ARISING FROM YOUR USE OF THE SERVICES OR PARTICIPATION IN ANY PARTICULAR ACTIVITY DURING GURUTIME OR A PROTRIP.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RELEASING GURU MEDIA PARTIES FROM LIABILITY.

 

  1. Indemnification of Guru Media Parties

You agree to release, indemnify, and hold Guru Media Parties harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, attorneys’ fees and costs, arising out of or in any way connected with Your access to the Platform and/or use of the Services, your (or anyone else’s) violation of these Terms of Service, or your creation and/or listing of a Profile, booking and/or participation in GURUtime or a PROtrip.

  1. Mutual Indemnification of Guru, Tour Company and Traveler

Guru, Tour Company and Traveler agree to mutually release, indemnify, and hold each respective Guru, Tour Company and Traveler associated with one’s GURUtime or PROtrip booked on the Platform harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, attorneys’ fees and costs, arising out of or in any way connected with access to the Platform and/or use of the Services, a Traveler’s, Guru’s or Tour Company’s violation of these Terms of Service, creation and/or listing of a Profile, or booking and/or participation in GURUtime or a PROtrip.

  1. Severability

If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

  1. Updates to the Terms and Program

We reserve the right to update, modify or discontinue the Services, at any time. If we modify the Terms of Service, we will give you notice and post the modification on the Site or App. By continuing to access or use the Services after the modifications to the Terms of Service becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.

  1. Survival

If you or we terminate the Terms of Service, the clauses of these Terms of Service that reasonably should survive termination of the Terms of Service will remain in effect. When the Terms of Service are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the content contained thereon.

  1. Venue and Choice of Law

This Agreement is governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada in each case located in Las Vegas and Clark County.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

I have read the foregoing and agree to be bound by its terms.  I understand that I can review and print a copy of this Agreement here:  http://www.mtbguru.co/terms-service.