Terms of Service for Providers
Effective for all Providers as of October 1, 2022.
These Terms of Service for Providers are between you, individually or on behalf of an entity you represent (“you” “your”), and Native American Tours (“Native American Tours”, “we”, “us”, or “our”) and govern your use of the Service (You and Native American Tours are also each individually referred to as “Party” and collectively referred to as “Parties” in these Terms of Service). Native American Tours provides a comprehensive solution for businesses that desire an online booking reservation system. Specifically, Native American Tours provides various products and services to businesses and individual businesses in the (tourist) activity industry (“Providers”) that may include—amongst other things—platform creation, on-platform reservation payment capability, online reservation systems and management solutions, marketing and promotions, performance reporting tools, pricing tools, website creation, website hosting, self-service knowledge bases, and distribution access tools, that allows you to list the availability of, accept and manage reservations for, and sell your products and services (“Service“).
These Terms of Service for Providers consist of the following General Terms and Conditions, (collectively “Terms of Service“).
GENERAL TERMS AND CONDITIONS
You act as an entrepreneur and as a business towards Native American Tours when making use of the Service.
1. Relationship between You, the Customer, and Native American Tours
1.1 Upon making a reservation and/or purchase through the online reservation system created for you by Native American Tours (the “ORS”), the customer enters into a direct contractual relationship with you (the “Activity Contract”). Native American Tours is not a party to the Activity Contract, and merely acts as the limited purpose agent of the customer for the purpose of selecting (and paying for) Providers’ products and services through the Service (“Booking”). In exchange for facilitating the online payment and Booking process, Native American Tours may charge the customer a fee for making a Booking via your ORS (i) on a website that Native American Tours created for you, or (ii) on your own website, where the Service is integrated (“Booking Fee”). When a customer makes a Booking via your ORS, the customer pays two fees: the fee for the product or service provided under the Activity Contract (“Activity Fee”), and the Booking Fee.
1.2 You agree to only use the Service (i) to allow customers to make Bookings for products and services offered by you, (ii) to facilitate listings with third-party distributors of your products or services, and (iii) for any other purposes approved in writing by Native American Tours.
1.3 You remain fully and solely responsible for fulfilling obligations vis-a-vis customers under Activity Contracts.
1.2 You agree to only use the Service (i) to allow customers to make Bookings for products and services offered by you, (ii) to facilitate listings with third-party distributors of your products or services, and (iii) for any other purposes approved in writing by Native American Tours.
1.3 You remain fully and solely responsible for fulfilling obligations vis-a-vis customers under Activity Contracts.
2. Facilitated Payment
2.1 Native American Tours utilizes Payment Service Providers (“PSPs”) and integrates facilitated payments solutions offered by the PSPs into the Service it offers to you. A customer that makes a Booking through the Service will not pay any fees to a PSP for making use of its facilitated payment solution.
2.2 Within your ORS, Native American Tours has integrated the IT-infrastructure that enables customers to make online payments for Bookings. In connection therewith, Native American Tours has entered into contracts with certain PSPs to enable online payments.
2.3 You may be required to enter into a separate (User) agreement with the respective PSP(s) to enjoy the benefits of the online payment services utilized by Native American Tours, and to receive payments for Bookings made through the Service. The terms of the (User) agreement shall apply to all facilitated payments through the Service.
2.4 Native American Tours disclaims all liability and bears no responsibility related to (i) any delay or unavailability of a facilitated payment in connection with the Service provided to you, or (ii) the fulfillment of the PSP’s obligations under the applicable User Agreement.
2.5 The facilitated payment typically includes (i) the collection of the Activity Fee paid by the customer, and (ii) the payment of the Activity Fee to you on behalf of the customer. You are required to provide all relevant information necessary to receive a payout in a timely and accurate manner.
2.6 Native American Tours and you agree that the PSP shall collect both the Booking Fee and the Activity Fee from the customer. Moreover, Native American Tours and you agree that Activity Fee will be paid to you on behalf of the customer, and that the Booking Fee will be retained by Native American Tours as compensation for the service provided to the customer, including acting as the customer’s limited purpose payment agent.
2.7 The costs related to the facilitated payments shall be charged by the PSP to Native American Tours. Native American Tours may charge you a fee as compensation for the use of the IT-infrastructure provided by Native American Tours allowing for facilitated payments. If Native American Tours decides to charge such a fee, payment shall be due in accordance with the terms of the invoice for the same. You agree and acknowledge that Native American Tours may utilize the facilitated payment for settlement and payment of the outstanding amounts by offsetting any due or outstanding fees charged for your use of the IT infrastructure as well as any other amounts that are due by you, if applicable.
2.2 Within your ORS, Native American Tours has integrated the IT-infrastructure that enables customers to make online payments for Bookings. In connection therewith, Native American Tours has entered into contracts with certain PSPs to enable online payments.
2.3 You may be required to enter into a separate (User) agreement with the respective PSP(s) to enjoy the benefits of the online payment services utilized by Native American Tours, and to receive payments for Bookings made through the Service. The terms of the (User) agreement shall apply to all facilitated payments through the Service.
2.4 Native American Tours disclaims all liability and bears no responsibility related to (i) any delay or unavailability of a facilitated payment in connection with the Service provided to you, or (ii) the fulfillment of the PSP’s obligations under the applicable User Agreement.
2.5 The facilitated payment typically includes (i) the collection of the Activity Fee paid by the customer, and (ii) the payment of the Activity Fee to you on behalf of the customer. You are required to provide all relevant information necessary to receive a payout in a timely and accurate manner.
2.6 Native American Tours and you agree that the PSP shall collect both the Booking Fee and the Activity Fee from the customer. Moreover, Native American Tours and you agree that Activity Fee will be paid to you on behalf of the customer, and that the Booking Fee will be retained by Native American Tours as compensation for the service provided to the customer, including acting as the customer’s limited purpose payment agent.
2.7 The costs related to the facilitated payments shall be charged by the PSP to Native American Tours. Native American Tours may charge you a fee as compensation for the use of the IT-infrastructure provided by Native American Tours allowing for facilitated payments. If Native American Tours decides to charge such a fee, payment shall be due in accordance with the terms of the invoice for the same. You agree and acknowledge that Native American Tours may utilize the facilitated payment for settlement and payment of the outstanding amounts by offsetting any due or outstanding fees charged for your use of the IT infrastructure as well as any other amounts that are due by you, if applicable.
3. Warranties
3.1 You hereby represent and warrant the following:
i. that you comply with applicable laws, including but not limited to all laws referenced in Section 16;
ii. that you possess the legal capacity, right, power and authority to enter into these Terms of Service and fulfill the obligations set forth herein;
iii. that you are under no obligation or restriction that does or would interfere or conflict with your ability to use the Service or adhere to these Terms of Service;
iv. that the information you provided in connection with these Terms of Service is true, correct, and complete;
v. that your use of the Service and your ORS will be in accordance with these Terms of Service; and
vi. that you will not use, copy, modify, transfer, assign, or create derivative works or distribute any rights in the Service or in Native American Tours’ intellectual property to any third-party, in whole or in part.
3.2 If you breach the representations or warranties made in this Section 3, you will be fully responsible and liable for any and all damages suffered and/or to be suffered, directly or indirectly, arising out of said breach. Native American Tours’ obligations and liabilities under these Terms of Service will be suspended until said breach is remedied. If said breach is not remedied within thirty (30) days or cannot be remedied, Native American Tours’ obligations and liabilities under these Terms of Service will terminate.
i. that you comply with applicable laws, including but not limited to all laws referenced in Section 16;
ii. that you possess the legal capacity, right, power and authority to enter into these Terms of Service and fulfill the obligations set forth herein;
iii. that you are under no obligation or restriction that does or would interfere or conflict with your ability to use the Service or adhere to these Terms of Service;
iv. that the information you provided in connection with these Terms of Service is true, correct, and complete;
v. that your use of the Service and your ORS will be in accordance with these Terms of Service; and
vi. that you will not use, copy, modify, transfer, assign, or create derivative works or distribute any rights in the Service or in Native American Tours’ intellectual property to any third-party, in whole or in part.
3.2 If you breach the representations or warranties made in this Section 3, you will be fully responsible and liable for any and all damages suffered and/or to be suffered, directly or indirectly, arising out of said breach. Native American Tours’ obligations and liabilities under these Terms of Service will be suspended until said breach is remedied. If said breach is not remedied within thirty (30) days or cannot be remedied, Native American Tours’ obligations and liabilities under these Terms of Service will terminate.
4. Terms of Use
4.1 Native American Tours authorizes you to make use of the Service and your ORS in accordance with these Terms of Service. Any support and/or assistance from Native American Tours with regard to your use of the Service and/or your ORS shall be provided on the basis of the conditions of these Terms of Service.
4.2 From time to time, Native American Tours may, on your behalf and either upon your instruction and/or with your knowledge, integrate or set-up, as part of the Service or your own website, third party products or services and cookies or similar (tracking) technologies. You remain fully responsible and liable for such integration or set-up that Native American Tours may execute on your behalf.
4.3 Native American Tours has the right to audit your use of the Service at any time to determine whether your use complies with these Terms of Service. If Native American Tours exercises its right to audit your use of the Service, you agree to cooperate fully with its completion of said audit at your sole cost and expense.
4.4 You agree to cooperate fully with Native American Tours and its counsel or accountants in connection with the filing of tax returns, and any other audit, litigation, or other proceeding with respect to all applicable tax matters, including the retention and (at Native American Tours’ request) the provision of records and information which are relevant to any such audit, litigation, or other proceeding, at your sole cost and expense.
4.5 You may not:
i. give or provide third parties access to the Service or use the Service for the benefit of third parties;
ii. remove any indication of copyrights, brands, trade names or other rights of (intellectual) property from the Service;
iii. use the Service for any purpose that would violate these Terms of Service, or in any manner that, as determined by Native American Tours in its reasonable discretion, could impair, harm, or damage Native American Tours, Native American Tours’ business reputation, or the Service;
iv. use the Service: (a) to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to or accessible via the Service; (b) to transmit or upload any material that contains viruses, malicious software, code or applications or any other harmful programs which may interfere with or disrupt the Service, or any network connected thereto; (c) to reverse engineer, decompile or disassemble the Service; (d) to scrape, build databases, or otherwise create copies of any data accessed or obtained using the Service; or, (e) to circumvent any limitations or restrictions on your use of the Service established by Native American Tours.
4.6 You must contact Native American Tours at Info@Native AmericanTours.com if you become aware of or suspect:
i. any breach of the technical or organizational security measures applicable to the Service, involving your systems or any data collected through your ORS or the Service;
ii. any technical or operational failure or error of any part of the Service, including affecting availability of the Service or any data accessible through the Service; or,
iii. any fraudulent activity, unauthorized access or fraudulent transactions in any part of the Service or in the event of any breach of these Terms of Service.
4.7 Native American Tours provides the Service, including the ORS, on an “as is” and “as available” basis. Native American Tours will make commercially reasonable efforts to make the Service available, but cannot warrant or guarantee that the Service will be available at all times.
4.8 Native American Tours will make new versions, releases, and updates to the Service to: (i) solve defects and/or errors, (ii) keep the Service up to date with market developments, or (iii) otherwise improve the Service. You may receive updates within your ORS or by other means regarding the aforementioned changes. Native American Tours will only support the most recent version of the Service.
4.9 You agree to and are obliged to provide Native American Tours with all information required to make use of the Service (e.g. the account registration information) in a timely and correct manner. You agree to ensure that all information is and remains true, accurate, current, and complete. You will be liable and solely responsible for any errors, mistakes or omissions in the information that you provide to Native American Tours. Native American Tours may suspend or terminate the Service if it has commercially reasonable grounds to suspect that the relevant information is untrue, inaccurate, not complete or current.
4.10 You are not allowed to upload materials to your ORS that are (i) prohibited, (ii) infringe upon the rights of others, or (iii) unlawful. You will fully indemnify and hold Native American Tours harmless (including all costs and reasonable legal fees incurred by Native American Tours that are spent on the defense against such a claim) against third-party claims arising out of alleged infringement on a third-party’s rights related to materials uploaded to your ORS.
4.11 Native American Tours may, in its sole discretion, remove information or direct you to remove information that Native American Tours deems to be inappropriate or unlawful, and notify you thereof within a commercially reasonable amount of time.
4.12 You agree that you are solely responsible for and Native American Tours is not liable for:
i. any technical inaccuracies, any print or typographical (spelling) errors or other errors on your ORS (including but not limited to rates, fees, or availability related to your products or services);
ii. any changes made by or on behalf of you;
iii. improper use of your ORS and/or the Service; or
iv. use of your ORS and/or the Service together with software or equipment not approved by Native American Tours.
4.13 You agree to regularly check the correctness of the information provided on your ORS and confirm that all information is up to date. You shall notify Native American Tours immediately if you determine that changes should be made.
4.14 You are entirely and exclusively responsible for the security and confidentiality of your username and password that jointly give access to your Native American Tours account. Moreover, you are solely responsible for all activity happening through your Native American Tours account. If you share your username or password with a third-party, permit them to log on or to otherwise use the Service through using your account information, or if you are negligent in maintaining security of your username or password such that a third-party gains access to your Native American Tours account, you assume all risks and losses and you are responsible for all account activities (including but not limited to changes to the username, password, listings bookings or account settings) of that third-party as if you performed these activities yourself. You shall immediately notify Native American Tours of any unauthorized use of your account or any other breach of security that you become aware of.
4.15 Any individual identified in the registration data provided by you (or that you later identify to Native American Tours) with ‘user permission’, including joint business owners or additional users, shall be deemed to be authorized to use your ORS. You grant permission and consent to Native American Tours providing permitted users with information about your Native American Tours account to discuss the account with them and to make changes to the account (depending on the authorization settings). Native American Tours disclaims all liability and bears no responsibility in relation to disputes between you and any permitted user (or other third-party to whom you provided access to your account).
4.16 Any running or displaying of the Service or any information or material displayed on the Service in frames on another website or through similar means on another website without the prior written permission of Native American Tours is prohibited. The Service may occasionally contain links to websites that are not owned, operated or controlled by Native American Tours or its affiliates. Neither Native American Tours nor any of its respective affiliates are responsible for the content, materials or other information located on or accessible by any website not owned, operated or controlled by Native American Tours or its affiliates.
4.17 You agree to not:
i. use any robot, spider, scraper or other automated means to access the Service for any purpose without Native American Tours’ express written permission;
ii. take any action that imposes, or may impose in Native American Tours’ sole discretion an unreasonable or disproportionately large load on Native American Tours infrastructure;
iii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; and/or
iv. bypass or attempt to bypass any restrictive measures Native American Tours may implement to prevent or restrict access to the Service.
4.18 Native American Tours retains the right, in its sole discretion, to deny access to anyone to the Service, at any time and for any reason, including, but not limited to, for violation of the Terms of Service.
4.2 From time to time, Native American Tours may, on your behalf and either upon your instruction and/or with your knowledge, integrate or set-up, as part of the Service or your own website, third party products or services and cookies or similar (tracking) technologies. You remain fully responsible and liable for such integration or set-up that Native American Tours may execute on your behalf.
4.3 Native American Tours has the right to audit your use of the Service at any time to determine whether your use complies with these Terms of Service. If Native American Tours exercises its right to audit your use of the Service, you agree to cooperate fully with its completion of said audit at your sole cost and expense.
4.4 You agree to cooperate fully with Native American Tours and its counsel or accountants in connection with the filing of tax returns, and any other audit, litigation, or other proceeding with respect to all applicable tax matters, including the retention and (at Native American Tours’ request) the provision of records and information which are relevant to any such audit, litigation, or other proceeding, at your sole cost and expense.
4.5 You may not:
i. give or provide third parties access to the Service or use the Service for the benefit of third parties;
ii. remove any indication of copyrights, brands, trade names or other rights of (intellectual) property from the Service;
iii. use the Service for any purpose that would violate these Terms of Service, or in any manner that, as determined by Native American Tours in its reasonable discretion, could impair, harm, or damage Native American Tours, Native American Tours’ business reputation, or the Service;
iv. use the Service: (a) to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to or accessible via the Service; (b) to transmit or upload any material that contains viruses, malicious software, code or applications or any other harmful programs which may interfere with or disrupt the Service, or any network connected thereto; (c) to reverse engineer, decompile or disassemble the Service; (d) to scrape, build databases, or otherwise create copies of any data accessed or obtained using the Service; or, (e) to circumvent any limitations or restrictions on your use of the Service established by Native American Tours.
4.6 You must contact Native American Tours at Info@Native AmericanTours.com if you become aware of or suspect:
i. any breach of the technical or organizational security measures applicable to the Service, involving your systems or any data collected through your ORS or the Service;
ii. any technical or operational failure or error of any part of the Service, including affecting availability of the Service or any data accessible through the Service; or,
iii. any fraudulent activity, unauthorized access or fraudulent transactions in any part of the Service or in the event of any breach of these Terms of Service.
4.7 Native American Tours provides the Service, including the ORS, on an “as is” and “as available” basis. Native American Tours will make commercially reasonable efforts to make the Service available, but cannot warrant or guarantee that the Service will be available at all times.
4.8 Native American Tours will make new versions, releases, and updates to the Service to: (i) solve defects and/or errors, (ii) keep the Service up to date with market developments, or (iii) otherwise improve the Service. You may receive updates within your ORS or by other means regarding the aforementioned changes. Native American Tours will only support the most recent version of the Service.
4.9 You agree to and are obliged to provide Native American Tours with all information required to make use of the Service (e.g. the account registration information) in a timely and correct manner. You agree to ensure that all information is and remains true, accurate, current, and complete. You will be liable and solely responsible for any errors, mistakes or omissions in the information that you provide to Native American Tours. Native American Tours may suspend or terminate the Service if it has commercially reasonable grounds to suspect that the relevant information is untrue, inaccurate, not complete or current.
4.10 You are not allowed to upload materials to your ORS that are (i) prohibited, (ii) infringe upon the rights of others, or (iii) unlawful. You will fully indemnify and hold Native American Tours harmless (including all costs and reasonable legal fees incurred by Native American Tours that are spent on the defense against such a claim) against third-party claims arising out of alleged infringement on a third-party’s rights related to materials uploaded to your ORS.
4.11 Native American Tours may, in its sole discretion, remove information or direct you to remove information that Native American Tours deems to be inappropriate or unlawful, and notify you thereof within a commercially reasonable amount of time.
4.12 You agree that you are solely responsible for and Native American Tours is not liable for:
i. any technical inaccuracies, any print or typographical (spelling) errors or other errors on your ORS (including but not limited to rates, fees, or availability related to your products or services);
ii. any changes made by or on behalf of you;
iii. improper use of your ORS and/or the Service; or
iv. use of your ORS and/or the Service together with software or equipment not approved by Native American Tours.
4.13 You agree to regularly check the correctness of the information provided on your ORS and confirm that all information is up to date. You shall notify Native American Tours immediately if you determine that changes should be made.
4.14 You are entirely and exclusively responsible for the security and confidentiality of your username and password that jointly give access to your Native American Tours account. Moreover, you are solely responsible for all activity happening through your Native American Tours account. If you share your username or password with a third-party, permit them to log on or to otherwise use the Service through using your account information, or if you are negligent in maintaining security of your username or password such that a third-party gains access to your Native American Tours account, you assume all risks and losses and you are responsible for all account activities (including but not limited to changes to the username, password, listings bookings or account settings) of that third-party as if you performed these activities yourself. You shall immediately notify Native American Tours of any unauthorized use of your account or any other breach of security that you become aware of.
4.15 Any individual identified in the registration data provided by you (or that you later identify to Native American Tours) with ‘user permission’, including joint business owners or additional users, shall be deemed to be authorized to use your ORS. You grant permission and consent to Native American Tours providing permitted users with information about your Native American Tours account to discuss the account with them and to make changes to the account (depending on the authorization settings). Native American Tours disclaims all liability and bears no responsibility in relation to disputes between you and any permitted user (or other third-party to whom you provided access to your account).
4.16 Any running or displaying of the Service or any information or material displayed on the Service in frames on another website or through similar means on another website without the prior written permission of Native American Tours is prohibited. The Service may occasionally contain links to websites that are not owned, operated or controlled by Native American Tours or its affiliates. Neither Native American Tours nor any of its respective affiliates are responsible for the content, materials or other information located on or accessible by any website not owned, operated or controlled by Native American Tours or its affiliates.
4.17 You agree to not:
i. use any robot, spider, scraper or other automated means to access the Service for any purpose without Native American Tours’ express written permission;
ii. take any action that imposes, or may impose in Native American Tours’ sole discretion an unreasonable or disproportionately large load on Native American Tours infrastructure;
iii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; and/or
iv. bypass or attempt to bypass any restrictive measures Native American Tours may implement to prevent or restrict access to the Service.
4.18 Native American Tours retains the right, in its sole discretion, to deny access to anyone to the Service, at any time and for any reason, including, but not limited to, for violation of the Terms of Service.
5. Intellectual Property Rights
5.1 All of the content featured or displayed on the Service, including without limitation text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Native American Tours, its licensors, vendors, agents or its Content providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available.
5.2 All trademarks, service marks and trade names of Native American Tours used in the Service (including but not limited to: Native American Tours’ name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Native American Tours or its affiliates, partners, vendors or licensors. You are not allowed to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Native American Tours’ prior written consent. Native American Tours prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use Native American Tours’ name or any language, pictures or symbols which could, in Native American Tours’ judgment, imply Native American Tours’ endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5.3 Native American Tours may create websites, customer relationship management tools and other online features for your use (the “Online Assets”), and reserves the right to make changes to the Online Assets at its sole discretion. You acknowledge and agree that the Online Assets are the sole property of Native American Tours and, except for any of your marks displayed thereon, are not a “work made for hire” under the Copyright Act or any other law. Native American Tours makes no warranties or guarantees that the Online Assets fully comply with the applicable rules and regulations. During your use of the Online Assets, you will be responsible for ensuring compliance with the applicable rules and regulations. Nothing contained in these Terms of Service shall be construed to reduce or limit Native American Tours’ right, title or interest in the Online Assets. Further, you agree to stop using and return to Native American Tours the Online Assets at Native American Tours’ request or upon the termination or expiration of these Terms of Service.
5.2 All trademarks, service marks and trade names of Native American Tours used in the Service (including but not limited to: Native American Tours’ name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Native American Tours or its affiliates, partners, vendors or licensors. You are not allowed to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Native American Tours’ prior written consent. Native American Tours prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use Native American Tours’ name or any language, pictures or symbols which could, in Native American Tours’ judgment, imply Native American Tours’ endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5.3 Native American Tours may create websites, customer relationship management tools and other online features for your use (the “Online Assets”), and reserves the right to make changes to the Online Assets at its sole discretion. You acknowledge and agree that the Online Assets are the sole property of Native American Tours and, except for any of your marks displayed thereon, are not a “work made for hire” under the Copyright Act or any other law. Native American Tours makes no warranties or guarantees that the Online Assets fully comply with the applicable rules and regulations. During your use of the Online Assets, you will be responsible for ensuring compliance with the applicable rules and regulations. Nothing contained in these Terms of Service shall be construed to reduce or limit Native American Tours’ right, title or interest in the Online Assets. Further, you agree to stop using and return to Native American Tours the Online Assets at Native American Tours’ request or upon the termination or expiration of these Terms of Service.
6. Privacy & Data Protection
6.1. Privacy for California Residents
California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and the California Privacy Rights Act (“CPRA”), which fully took effect January 1, 2022. We comply with the requirements of the CCPA and CPRA to the extent they apply to us.
If you are a California resident, you may request to exercise your rights for any Personal Information we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Personal Information. Further, you can exercise any of your rights free of discrimination, for example, we cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.
Due to the nature of our Services, we typically act as a “service provider”” as defined under the CCPA and CPRA. If you believe that this role should be defined differently or need more information, please contact us at info@nativeamericantours.com.
6.2. Privacy for Other Jurisdictions We strive to comply with all data protection and privacy laws in applicable jurisdictions, to the extent such laws apply to us and our Services. We strive to be transparent about our data processing activities and have disclosed our practices throughout this Privacy Policy. If you have any questions about your rights under any applicable data protection and privacy laws, please contact us at info@nativeamericantours.com.
6.2. Privacy for Other Jurisdictions We strive to comply with all data protection and privacy laws in applicable jurisdictions, to the extent such laws apply to us and our Services. We strive to be transparent about our data processing activities and have disclosed our practices throughout this Privacy Policy. If you have any questions about your rights under any applicable data protection and privacy laws, please contact us at info@nativeamericantours.com.
7. Listings
7.1 You may use the Service to create listings about your products or services. You will be prompted to answer a variety of questions in order to populate your listings, including, but not limited to, the location, capacity, size, features, availability of the product or service, cancellation and refund policy, pricing and related financial terms, applicable taxes and fees, and other information. All listings must also include a valid physical address and all material terms and conditions. The listing information provided by you will be made publicly available for Bookings via the Service. You acknowledge and agree that once a Booking for your product or service is completed through your ORS, the price and terms for such Booking may not be altered. You will not submit any listing with a false or misleading price or other information and will not submit any lists with a price and terms that it does not intend to honor.
7.2 When you create a listing, you may also choose to include certain requirements, which must be met by the customer who is eligible to request a Booking, including, but not limited to, requiring customers to have a verified phone number, certain qualifications or certifications, in order to book your product or services. You agree that no such requirements will be applied in a discriminatory or unlawful manner. In addition, you will not use the Service to request that a customer engages in any prohibited or unlawful activity or request any information from a customer that is prohibited by law or subject to any applicable data protection and security requirements.
7.3 Native American Tours may provide you with the ability to customize the appearance of the display of your listings, including fonts and colors, on the Service. You agree that any alteration you make to the appearance of your listings is at your own risk, and that you are solely responsible if such alterations fail to comply with applicable accessibility regulations and/or international web content accessibility standards and guidelines.
7.4 Subject to these Terms of Service, you grant to Native American Tours a worldwide, nonexclusive license in any and all media now or later known or developed during the term of these Terms of Service to use, reproduce, display, modify, create derivative works of (including translations), distribute, (sub)license and transmit Your Content (as defined below) solely for the purpose of providing the Service. “Your Content” means all information, data, and content made available by you to Native American Tours in connection with the Service, which may include:
i. your name, trademarks, and logos;
ii. images, photographs, and descriptions of your products or services; and,
iii. rates, pricing, schedules, capacities, and other information relating to reservation availability for your products or services.
You hereby represent and warrant that all information, data, and content made available by you to Native American Tours is owned exclusively by you, or that you have the legal right or permission to use it. To extend any liability arises from the use of your information, data, and content, you shall fully indemnify Native American Tours.
7.5 Subject to the licenses granted under these Terms of Service, you reserve all right, title, and interest that you may have in Your Content. Subject to your rights, Native American Tours or its affiliates, as applicable, will retain all right, title, and interest in all modifications, improvements on, and derivatives of Your Content, including any translations. You represent and warrant that:
i. you have all necessary rights to grant to Native American Tours the licenses granted under these Terms of Service;
ii. no consents from or payments to any third-party are required for Native American Tours to exercise the rights granted under these Terms of Service; and,
iii. Your Content and Native American Tours’ use will not infringe upon any trademark, trade name, service mark, copyright, trade secret, or other proprietary right of any other person or entity.
7.6 You shall not post, upload, publish, submit or transmit any of Your Content via the Service that:
i. infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
iii. is fraudulent, false, misleading or deceptive; iv. is defamatory, obscene, pornographic, vulgar or offensive as determined in Native American Tours’ sole judgment;
v. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
vi. is violent or threatening or promotes violence or actions that are threatening to any other person; or
vii. promotes illegal or harmful activities or substances.
In addition to any other remedies, Native American Tours may immediately suspend or terminate any of your listings that violate these restrictions.
7.7 You are solely responsible for Your Content included in your listings.
7.2 When you create a listing, you may also choose to include certain requirements, which must be met by the customer who is eligible to request a Booking, including, but not limited to, requiring customers to have a verified phone number, certain qualifications or certifications, in order to book your product or services. You agree that no such requirements will be applied in a discriminatory or unlawful manner. In addition, you will not use the Service to request that a customer engages in any prohibited or unlawful activity or request any information from a customer that is prohibited by law or subject to any applicable data protection and security requirements.
7.3 Native American Tours may provide you with the ability to customize the appearance of the display of your listings, including fonts and colors, on the Service. You agree that any alteration you make to the appearance of your listings is at your own risk, and that you are solely responsible if such alterations fail to comply with applicable accessibility regulations and/or international web content accessibility standards and guidelines.
7.4 Subject to these Terms of Service, you grant to Native American Tours a worldwide, nonexclusive license in any and all media now or later known or developed during the term of these Terms of Service to use, reproduce, display, modify, create derivative works of (including translations), distribute, (sub)license and transmit Your Content (as defined below) solely for the purpose of providing the Service. “Your Content” means all information, data, and content made available by you to Native American Tours in connection with the Service, which may include:
i. your name, trademarks, and logos;
ii. images, photographs, and descriptions of your products or services; and,
iii. rates, pricing, schedules, capacities, and other information relating to reservation availability for your products or services.
You hereby represent and warrant that all information, data, and content made available by you to Native American Tours is owned exclusively by you, or that you have the legal right or permission to use it. To extend any liability arises from the use of your information, data, and content, you shall fully indemnify Native American Tours.
7.5 Subject to the licenses granted under these Terms of Service, you reserve all right, title, and interest that you may have in Your Content. Subject to your rights, Native American Tours or its affiliates, as applicable, will retain all right, title, and interest in all modifications, improvements on, and derivatives of Your Content, including any translations. You represent and warrant that:
i. you have all necessary rights to grant to Native American Tours the licenses granted under these Terms of Service;
ii. no consents from or payments to any third-party are required for Native American Tours to exercise the rights granted under these Terms of Service; and,
iii. Your Content and Native American Tours’ use will not infringe upon any trademark, trade name, service mark, copyright, trade secret, or other proprietary right of any other person or entity.
7.6 You shall not post, upload, publish, submit or transmit any of Your Content via the Service that:
i. infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
iii. is fraudulent, false, misleading or deceptive; iv. is defamatory, obscene, pornographic, vulgar or offensive as determined in Native American Tours’ sole judgment;
v. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
vi. is violent or threatening or promotes violence or actions that are threatening to any other person; or
vii. promotes illegal or harmful activities or substances.
In addition to any other remedies, Native American Tours may immediately suspend or terminate any of your listings that violate these restrictions.
7.7 You are solely responsible for Your Content included in your listings.
8. Tax
8.1 “Tax” or “taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal or other withholding and personal or corporate income taxes.
8.2 All fees charged by Native American Tours to you are exclusive of any applicable taxes. Where applicable, or based upon request from you, Native American Tours may issue a valid tax invoice. You acknowledge that all invoices issued by Native American Tours will be made available by electronic means for self-service download through the Service.
8.3 IRS regulations regarding federal tax reporting requirements stipulate that Native American Tours or its payment processors must collect information for the IRS Form W-9, or its equivalent, from all providers of products or services in the United States. If applicable and if required by applicable IRS regulations, Native American Tours and the acquired PSP will issue any required 1099-Ks to you by sending them in a digital format via email.
8.4 You understand and agree that you are solely responsible for determining the tax reporting requirements that are applicable in consultation with your tax advisors. Native American Tours cannot and does not offer tax-related advice. Additionally, please note that you are responsible for determining all applicable federal, state and local taxes and governmental fees, and for including any applicable taxes and fees to be collected in the appropriate listings.
8.5 You agree to fully indemnify and hold harmless Native American Tours, its partners, agents, and employees from and against any claims, losses, damages, liabilities, judgments, penalties, fines, and expenses including, but not limited to, reasonable attorneys’ fees and costs, to the extent resulting from or arising out of (i) your failure to comply with the applicable tax reporting requirements in your jurisdiction, or (ii) your failure to determine, include, or remit all applicable federal, state and local taxes and governmental fees to the appropriate taxing authorities.
8.6 You also agree to fully indemnify and hold harmless Native American Tours, its partners, agents, and employees from and against (i) tax claims and liabilities of Native American Tours for Taxes for which you are responsible or liable, or (ii) where Native American Tours has the legal obligation to pay, collect, withhold and remit for, on behalf or instead of, you.
8.2 All fees charged by Native American Tours to you are exclusive of any applicable taxes. Where applicable, or based upon request from you, Native American Tours may issue a valid tax invoice. You acknowledge that all invoices issued by Native American Tours will be made available by electronic means for self-service download through the Service.
8.3 IRS regulations regarding federal tax reporting requirements stipulate that Native American Tours or its payment processors must collect information for the IRS Form W-9, or its equivalent, from all providers of products or services in the United States. If applicable and if required by applicable IRS regulations, Native American Tours and the acquired PSP will issue any required 1099-Ks to you by sending them in a digital format via email.
8.4 You understand and agree that you are solely responsible for determining the tax reporting requirements that are applicable in consultation with your tax advisors. Native American Tours cannot and does not offer tax-related advice. Additionally, please note that you are responsible for determining all applicable federal, state and local taxes and governmental fees, and for including any applicable taxes and fees to be collected in the appropriate listings.
8.5 You agree to fully indemnify and hold harmless Native American Tours, its partners, agents, and employees from and against any claims, losses, damages, liabilities, judgments, penalties, fines, and expenses including, but not limited to, reasonable attorneys’ fees and costs, to the extent resulting from or arising out of (i) your failure to comply with the applicable tax reporting requirements in your jurisdiction, or (ii) your failure to determine, include, or remit all applicable federal, state and local taxes and governmental fees to the appropriate taxing authorities.
8.6 You also agree to fully indemnify and hold harmless Native American Tours, its partners, agents, and employees from and against (i) tax claims and liabilities of Native American Tours for Taxes for which you are responsible or liable, or (ii) where Native American Tours has the legal obligation to pay, collect, withhold and remit for, on behalf or instead of, you.
9. Insurance
9.1 To meet your obligations under these Terms of Service and applicable law, you agree to maintain in full force and effect adequate liability insurance coverage in connection with the Service at all times during your use of the Service and for a period of two (2) years following the end of your use of the Service. At Native American Tours’ request, you agree to (i) name Native American Tours and its affiliates as additional insureds on such insurance policies, and (ii) provide Native American Tours with proof of insurance coverage required by this Section 9 and applicable law. If Native American Tours reasonably determines that your coverage is insufficient according to these Terms of Service and/or applicable law, you will promptly purchase additional coverage at Native American Tours’ request.
10. Limitation of Liability and Indemnification
10.1 You are solely and fully responsible for honoring all Bookings and fulfilling all obligations owed to customers pursuant to Activity Contracts entered into with customers. You agree that Native American Tours will not be responsible or held liable by you for matters related to the fulfillment of your obligations under the Activity Contract. You agree to indemnify, hold harmless and defend Native American Tours against any and all claims, liability, loss, damages, costs, and expenses Native American Tours might incur, including but not limited to attorneys’ fees and costs, which Native American Tours might be required to pay, directly or indirectly, in connection with any claims, causes of action, or suits brought by third parties related to the performance of your obligations under the Activity Contract.
10.2 You agree to defend Native American Tours from and against any and all third-party claims, actions, suits, proceedings, and demands arising out of or related to your breach of these Terms of Service. You further agree to indemnify and hold harmless Native American Tours for all reasonable attorney’s fees, damages, and other costs awarded against Native American Tours, including settlement amounts paid, related to any and all third-party claims, actions, suits, proceedings, and demands arising out of or related to your breach of these Terms of Service.
10.3 Native American Tours may utilize third-party products or service providers, including without limitation software, software-as-a-service, data sources and other products or services not provided by Native American Tours that are used to facilitate certain processes related to the Service. You acknowledge and agree that in no event shall Native American Tours be held liable for any losses or damages arising, indirectly or directly, from the use of third-party products or service providers to provide the Service, including, without limitation, lost profits, lost revenues, lost profits, lost business, or lost contracts.
10.4 In connection with any complaints, claims, or investigations undertaken by Native American Tours or a representative of Native American Tours regarding use or abuse of the Service or a breach under these Terms of Service, you agree and shall require customers making a Booking through your ORS to cooperate in good faith by providing information and taking such actions as may be reasonably requested by Native American Tours.
10.5 You agree that neither Native American Tours, nor any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, shall be liable to you or to any third parties for any damages, including, but not limited to, indirect, punitive, or consequential damages (such as damages resulting from lost profits, lost revenues, lost data, or business interruptions).
10.6 In the event of any problems with, or objections to, the Service, your sole remedy is to discontinue your use of the Service.
10.7 You shall inform Native American Tours in writing of any claim as soon as reasonably possible but in any case within forty five (45) days after you become or could reasonably have become aware of a breach of any these Terms of Service and/or damages setting forth any and all relevant details in respect of such breach and all available information in support of such claim. If you do not comply with the requirements of this Section 10.7, all rights to any claims and rights under the Terms of Service are immediately forfeited.
10.8 A claim notified in accordance with Section 10.7 above not satisfied, settled or withdrawn will be unenforceable and irrevocably waived against Native American Tours on the expiry of a period of twelve (12) months after rejection of such claim by Native American Tours in writing, unless you have commenced legal proceedings in respect of such breach within that period.
10.9 Unless otherwise stated, the maximum aggregate liability of Native American Tours for any claims arising out of this Agreement shall not exceed, and is limited to, the lesser of the following two amounts: (i) the accrued Booking Fees collected by Native American Tours during the 12 calendar months preceding the first incident giving rise to the claim(s); or (ii) fifty thousand dollars ($50,000).
10.2 You agree to defend Native American Tours from and against any and all third-party claims, actions, suits, proceedings, and demands arising out of or related to your breach of these Terms of Service. You further agree to indemnify and hold harmless Native American Tours for all reasonable attorney’s fees, damages, and other costs awarded against Native American Tours, including settlement amounts paid, related to any and all third-party claims, actions, suits, proceedings, and demands arising out of or related to your breach of these Terms of Service.
10.3 Native American Tours may utilize third-party products or service providers, including without limitation software, software-as-a-service, data sources and other products or services not provided by Native American Tours that are used to facilitate certain processes related to the Service. You acknowledge and agree that in no event shall Native American Tours be held liable for any losses or damages arising, indirectly or directly, from the use of third-party products or service providers to provide the Service, including, without limitation, lost profits, lost revenues, lost profits, lost business, or lost contracts.
10.4 In connection with any complaints, claims, or investigations undertaken by Native American Tours or a representative of Native American Tours regarding use or abuse of the Service or a breach under these Terms of Service, you agree and shall require customers making a Booking through your ORS to cooperate in good faith by providing information and taking such actions as may be reasonably requested by Native American Tours.
10.5 You agree that neither Native American Tours, nor any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, shall be liable to you or to any third parties for any damages, including, but not limited to, indirect, punitive, or consequential damages (such as damages resulting from lost profits, lost revenues, lost data, or business interruptions).
10.6 In the event of any problems with, or objections to, the Service, your sole remedy is to discontinue your use of the Service.
10.7 You shall inform Native American Tours in writing of any claim as soon as reasonably possible but in any case within forty five (45) days after you become or could reasonably have become aware of a breach of any these Terms of Service and/or damages setting forth any and all relevant details in respect of such breach and all available information in support of such claim. If you do not comply with the requirements of this Section 10.7, all rights to any claims and rights under the Terms of Service are immediately forfeited.
10.8 A claim notified in accordance with Section 10.7 above not satisfied, settled or withdrawn will be unenforceable and irrevocably waived against Native American Tours on the expiry of a period of twelve (12) months after rejection of such claim by Native American Tours in writing, unless you have commenced legal proceedings in respect of such breach within that period.
10.9 Unless otherwise stated, the maximum aggregate liability of Native American Tours for any claims arising out of this Agreement shall not exceed, and is limited to, the lesser of the following two amounts: (i) the accrued Booking Fees collected by Native American Tours during the 12 calendar months preceding the first incident giving rise to the claim(s); or (ii) fifty thousand dollars ($50,000).
11. Term and Termination
11.1 These Terms of Service shall be effective upon acceptance by you and shall be entered into for an indefinite period of time, unless terminated in accordance with this Section 11.
11.2 Native American Tours is entitled to suspend or terminate your rights under these Terms of Service (including, but not limited to: your access and use of the Service) in whole or in part with immediate effect, without a notice of default being required and without incurring any obligation to compensate for any damages, if any of the following circumstances occurs:
i. a material breach by you of any term of these Terms of Service;
ii. (filing of a request for) bankruptcy or suspension of payment (or similar action) in respect of the other Party;
iii. Native American Tours determines that you abuse the Service; or
iv. Your company is terminated or transferred in whole or in part to a third-party.
11.3 Native American Tours will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you may incur as a result of termination or suspension of your access to the Service.
11.4 In addition to the above, both you and Native American Tours can terminate these Terms of Service at any time by providing the other Party with thirty (30) days written notice of termination.
11.5 You remain fully and solely responsible for fulfilling obligations owed to customers under Activity Contracts that were executed prior to any suspension or termination of these Terms of Service.
11.2 Native American Tours is entitled to suspend or terminate your rights under these Terms of Service (including, but not limited to: your access and use of the Service) in whole or in part with immediate effect, without a notice of default being required and without incurring any obligation to compensate for any damages, if any of the following circumstances occurs:
i. a material breach by you of any term of these Terms of Service;
ii. (filing of a request for) bankruptcy or suspension of payment (or similar action) in respect of the other Party;
iii. Native American Tours determines that you abuse the Service; or
iv. Your company is terminated or transferred in whole or in part to a third-party.
11.3 Native American Tours will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you may incur as a result of termination or suspension of your access to the Service.
11.4 In addition to the above, both you and Native American Tours can terminate these Terms of Service at any time by providing the other Party with thirty (30) days written notice of termination.
11.5 You remain fully and solely responsible for fulfilling obligations owed to customers under Activity Contracts that were executed prior to any suspension or termination of these Terms of Service.
12. Confidentiality
12.1 Parties understand and agree that in the performance of this Agreement, each Party may have access to or may be exposed to, directly or indirectly, confidential non-public information of the other Party (the ‘Confidential Information’). Confidential Information includes transaction, traffic and usage volume, marketing, financial and business plans, technical, software and operational information. All Confidential Information shall be treated as private and confidential.
12.2 Each Party agrees that: (a) all Confidential Information shall remain the exclusive property and ownership of the disclosing Party, and the receiving Party shall not use it for any purpose, except in furtherance of these Terms of Service, (b) it shall use prudent methods to ensure its employees, officers, agents and service providers (the ‘Permitted Persons’) maintain the security of the Confidential Information, (c) it shall ensure that Permitted Persons do not (i) copy, publish, or divulge the Confidential Information to any third-party, or (ii) use or store it in an unprotected retrieval system or database (other than pursuant to the Terms of Service hereof), and (d) it shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other Party.
12.3 Notwithstanding the foregoing, (a) Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving Party, (ii) was possessed by the receiving Party prior to the date of this Agreement, (iii) is disclosed to the receiving Party by a third-party having no obligation of confidentiality with respect thereto, or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, and (b) nothing in this Agreement shall prevent, limit or restrict a Party from disclosing Confidential Information (including any general information, or technical, operational, performance and financial data unless otherwise agreed between the parties) in confidence to an affiliated (group) company. You explicitly agree and acknowledge that Confidential Information may be shared with and disclosed to any entity or website affiliated to Native American Tours.
12.4 The confidentiality obligation remains in force after the Terms of Service have ended.
12.2 Each Party agrees that: (a) all Confidential Information shall remain the exclusive property and ownership of the disclosing Party, and the receiving Party shall not use it for any purpose, except in furtherance of these Terms of Service, (b) it shall use prudent methods to ensure its employees, officers, agents and service providers (the ‘Permitted Persons’) maintain the security of the Confidential Information, (c) it shall ensure that Permitted Persons do not (i) copy, publish, or divulge the Confidential Information to any third-party, or (ii) use or store it in an unprotected retrieval system or database (other than pursuant to the Terms of Service hereof), and (d) it shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other Party.
12.3 Notwithstanding the foregoing, (a) Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving Party, (ii) was possessed by the receiving Party prior to the date of this Agreement, (iii) is disclosed to the receiving Party by a third-party having no obligation of confidentiality with respect thereto, or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, and (b) nothing in this Agreement shall prevent, limit or restrict a Party from disclosing Confidential Information (including any general information, or technical, operational, performance and financial data unless otherwise agreed between the parties) in confidence to an affiliated (group) company. You explicitly agree and acknowledge that Confidential Information may be shared with and disclosed to any entity or website affiliated to Native American Tours.
12.4 The confidentiality obligation remains in force after the Terms of Service have ended.
13. Force Majeure
13.1 Force majeure shall be deemed to exist on the part of Native American Tours if, after the conclusion of these Terms of Service, Native American Tours is prevented or impeded from fulfilling one or more of its obligations under the Terms of Service or the preparation thereof as a result of: war (whether declared or not), threat of war, civil war, terrorism, riots, acts of war, a pandemic, epidemic, natural disaster or extreme natural event, fire, water damage, flooding, strike, sit-down strikes, lockouts, import and export restrictions government measures, defects in machinery, disruptions in the supply of energy, all this both in Native American Tours’ business and in the businesses of third parties from which the vendor has to obtain all or part of the Service, whether or not under his own management, and furthermore due to all other causes that arise through no fault of Native American Tours.
13.2 If Native American Tours successfully invokes this Section, it is relieved from its duty to perform its obligations under the Terms of Service and from any liability in damages or from any other contractual remedy for breach of the Terms of Service, from the time at which the impediment causes inability to perform, provided that the notice thereof is given without delay. If notice thereof is not given without delay, the relief is effective from the time at which notice thereof reaches you.
13.2 If Native American Tours successfully invokes this Section, it is relieved from its duty to perform its obligations under the Terms of Service and from any liability in damages or from any other contractual remedy for breach of the Terms of Service, from the time at which the impediment causes inability to perform, provided that the notice thereof is given without delay. If notice thereof is not given without delay, the relief is effective from the time at which notice thereof reaches you.
14. Compliance Warranties
14.1 Each Party shall comply with applicable laws that may restrict Native American Tours’ ability to make the Service available to you and from making, processing, or facilitating payments to your bank account, if it has no connection to the jurisdiction where you are located.
15. Survival
15.1 The Sections entitled “Limitation of Liability and Indemnification”, “Survival”, “Miscellaneous”, “Privacy & Data Protection”, “Tax”, and “Applicable Law and Forum” will survive any termination or expiration of these Terms of Service. Any additional provisions herein that could be reasonably interpreted to survive the termination or expiration of these Terms of Service shall remain in effect until all applicable statutes of limitations have expired.
16. Applicable Law and Forum
16.1 These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the Arizona. Any disputes arising out of or in connection with these Terms of Service shall exclusively be submitted to and dealt with by the competent court in the State of Arizona.
17. Miscellaneous
17.1 Modification and Amendment. Native American Tours reserves the right to modify or amend these Terms of Service at any time. Upon such modification or amendment, Native American Tours will provide you with reasonable notice, at least one month in advance, prior to the change taking effect either by emailing the email address associated with your account, communicating such information via the Service, your ORS, or by other means. Any modifications to these Terms of Service will become effective on the date set forth in our notice. If you do not agree to any modification to the Terms of Service, you shall immediately stop all access to and use of the Service. Your continued use of the Service after any modification to the Terms of Service shall be deemed as your acceptance to the Terms of Service as modified.
17.2 Severability. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms of Service shall remain in full force and effect.
17.3 Assignment. You may not assign your rights under these Terms of Service, including, without limitation, by operation of law or merger, without Native American Tours’ prior written approval, and any attempt to assign these Terms of Service without such prior approval is void. You agree that Native American Tours may, at its sole discretion and without your consent, assign its rights under these Terms of Service to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
17.4 Waiver. Native American Tours’ failure or delay to enforce any rights or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
17.5 Governing Law and Venue. These Terms of Service and all questions relating to their validity, interpretation, performance, execution, and inducement, and all claims arising under, relating to, or involving the Terms of Service in any way shall be governed by, construed, interpreted, and enforced in accordance with the substantive laws of the State of Arizona, without regard to the principles of conflicts of law. Any disputes arising out of, relating to, or involving these Terms of Service shall be resolved in the Maricopa County Superior Court for the State of Arizona, which the Parties agree has exclusive personal jurisdiction over them and is the proper venue.
17.5 Attorneys’ Fees and Expenses. In the event of any breach of these Terms of Service and action taken to enforce them or address a breach thereof, or any claim arising out of, relating to, or involving these Terms of Service in any way, the prevailing party shall be entitled to an award of its attorneys’ fees, costs, and any other expenses incurred in connection with the breach, including non-taxable costs and other related expenses.
17.6 Binding Effect. These Terms of Service are binding on and inure to the benefit of the Parties and their respective heirs, successors, assigns, affiliates, members, officers, directors, agents, servants, employees, insurers and attorneys.
17.2 Severability. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms of Service shall remain in full force and effect.
17.3 Assignment. You may not assign your rights under these Terms of Service, including, without limitation, by operation of law or merger, without Native American Tours’ prior written approval, and any attempt to assign these Terms of Service without such prior approval is void. You agree that Native American Tours may, at its sole discretion and without your consent, assign its rights under these Terms of Service to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
17.4 Waiver. Native American Tours’ failure or delay to enforce any rights or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
17.5 Governing Law and Venue. These Terms of Service and all questions relating to their validity, interpretation, performance, execution, and inducement, and all claims arising under, relating to, or involving the Terms of Service in any way shall be governed by, construed, interpreted, and enforced in accordance with the substantive laws of the State of Arizona, without regard to the principles of conflicts of law. Any disputes arising out of, relating to, or involving these Terms of Service shall be resolved in the Maricopa County Superior Court for the State of Arizona, which the Parties agree has exclusive personal jurisdiction over them and is the proper venue.
17.5 Attorneys’ Fees and Expenses. In the event of any breach of these Terms of Service and action taken to enforce them or address a breach thereof, or any claim arising out of, relating to, or involving these Terms of Service in any way, the prevailing party shall be entitled to an award of its attorneys’ fees, costs, and any other expenses incurred in connection with the breach, including non-taxable costs and other related expenses.
17.6 Binding Effect. These Terms of Service are binding on and inure to the benefit of the Parties and their respective heirs, successors, assigns, affiliates, members, officers, directors, agents, servants, employees, insurers and attorneys.
