TERMS & CONDITIONS

Maobtourismcenter.com currently makes certain services available through its Site, applications, which may include mobile applications and applications available on social networking sites and other platforms, and our downloadable products (the Sites, the applications, the downloadable products and all services provided by Moabtourismcenter.com in connection therewith shall be referred to collectively as, the “Services”). Moabtourismcenter.com may offer additional services, free trials, promotions, contents, or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. You agree that Maobtourismcenter.com shall not be bound to notify you or any other party prior or liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services. Maobtourismcenter.com reserves the right to discontinue offering any of the Services with or without notification.

Miscellaneous Terms.Your use of certain Services may be subject to any Miscellaneous Terms and Conditions pertaining to those Services, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Maobtourismcenter.com when you sign up to use, or use, such Services (“Miscellaneous Terms”). All such Miscellaneous Terms will be provided to you in person before you avail them. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Maobtourismcenter.com for products, services or otherwise.

You understand that Maobtourismcenter.com shall reserve all rights to modify this Agreement and any policy or guideline of the Services in its sole discretion at any time, from time to time, with or without prior notice to you or any third party. Unless specified otherwise, any changes or amendments to this agreement or any agreement or policy or guideline shall be effective immediately upon posting the revisions to the Site, and you hereby waive any right you may have to receive specific notice of such changes or modifications.

By continued use of the Services provided herein after such changes or modifications, you constitute your acceptance of such changes or modifications. Therefore, it is imperative that you frequently check this page for any changes and review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop accessing the Site and using the Services.

All the Services provided through this Site are provided electronically and you understand that you must consent to receive all and every important information electronically if you wish to use the Services. Your consent shall also include, but not limited to, this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form or any other form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Maobtourismcenter.com may be required to provide to you.

You hereby represent and warrant that:

• You are at least 13 years old.
• You understand that certain services such as helicopter tours, canyoneering, etc. offered by us involve risks including but not limited to bodily injuries and even death. You may be required to sign appropriate forms before you sign up for certain services. While we ensure that adequate safety measures and precautions are in place, MTC shall not be in any form, manner or fashion responsible for any untoward events including but not limited to accident, injury, and by engaging us for any such services, you are solely liable for any risks, incidences or consequences incurred during such adventurous or sporting events.
• Before engaging us for any services such as making reservations, it is your sole responsibility to read the fine print associated with your desired services including, but not limited to, the following sections: Rental Plans, Package Includes, Package Excludes, Cancellation and Refund Policy, Terms and Conditions, Special Note, etc.. And you herein state that you have read and fully understand the content of all fine print and will waive the right to dispute any part of it after your purchase. Once you have completed your reservation, it is the customer’s responsibility to keep all contact information up-to-date.
• If you have a medical condition, or if you are pregnant and considering travel, you must consult with your doctor before you travel, especially if medical condition requires daily routine care, urgent care, or your pregnancy is high-risk. You are responsible for disclosing any related information to us during the check-out process by adding special comments. You understand that Moab Tourism Center is not in a position to provide any medical services or urgent care in the event such an action may be required. You are liable for any risks, incidences or consequences incurred during travel. We highly recommend that you purchase medical insurance and travel insurance before you travel.
• You have not previously been suspended or removed from the Services provided by us.
• You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
• You are not located in, under the control of, or a national or resident of any country which the United States has embargoed, identified as a Specially Designated National or placed on the Commerce Department’s Table of Deny Orders.

Please refer to our Privacy Policy for information about how Maobtourismcenter.com collects, uses and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature on any public areas of Maobtourismcenter.com or post or provide to Maobtourismcenter.com any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You hereby consent to the processing of any personal data in the United States of America or any other country in which we process your data.

• Copyrighted Material. Our Services may contain copyrighted material and other proprietary information of MTC and its licensors or users including without limitation, the Maobtourismcenter.com logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collective, “Proprietary Materials”).
• Limited Access.You are hereby granted a limited, non-sublicensable license to access and use the Services and Proprietary Materials, subject to the terms and conditions of this Agreement.
• Restrictions and Limitations.You hereby provide your consent that you will not:
  • copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so;
  • “frame” or “mirror” any part of the Services, without our prior written authorization;
  • use meta tags or code or other devices containing any reference to Maobtourismcenter.com or the Services in order to direct any person to any other website for any purpose;
  • resell or make any commercial use of the Services;
  • use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
  • use any automated methods or processes to create user accounts or
  • use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as specifically authorized herein, without the prior written consent of Moabtourismcenter.com, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license is revocable at any time.
• Recurring Infringements. Maobtourismcenter.com reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. Maobtourismcenter.com may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
• Reporting Copyright Infringement.Please refer to our DMCA and Copyright Policy to report infringements.

“maobtourismcenter.com,” its domain name, logos and any other trade name or slogan contained in the Services are trademarks or service marks of Moab Tourism Center and may not be copied, imitated or used, in whole or in part, without the prior written permission of Moab Tourism Center or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Maobtourismcenter.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

• Limitations and Restrictions. You may not use Maobtourismcenter.com’s logo or proprietary graphics to link to any Moabtourismcenter.com website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Maobtourismcenter.com trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without Maobtourismcenter.com’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Maobtourismcenter.com or any third party.
• No Claim or Representation. Moabtourismcenter.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of Maobtourismcenter.com and Maobtourismcenter.com is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Maobtourismcenter.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Maobtourismcenter.com of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

Contents of Third Parties.Maobtourismcenter.com may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Maobtourismcenter.com does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Maobtourismcenter.com is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Advertisers and Others. The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Moabtourismcenter.com is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that Maobtourismcenter.com shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

MAOBTOURISMCENTER.COM PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

MAOBTOURISMCENTER.COM DOES NOT REPRESENT AND WARRANT THAT (A)YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B)ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C)THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAOBTOURISMCENTER.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

MAOBTOURISMCENTER.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONSEQUENTIAL LOSS SUSTAINED BY YOU DURING THE AVAILING OF THE SERVICES OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MAOBTOURISMCENTER.COM. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAOBTOURISMCENTER.COM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MAOBTOURISMCENTER.COM, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MAOBTOURISMCENTER.COM’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL MAOBTOURISMCENTER.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) $50. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAOBTOURISMCENTER.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS AND/OR ANY OTHER DAMAGES RESULTING FROM THE SERVICES.

Disputes.

Our primary goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint prior to initiating any legal action.

• i) You agree that any dispute arising from this Agreement shall be first referred to a mediator appointed by Maobtourismcenter.com within ten (10) business working days of e-mail notice to [email protected]. The mediator shall try to solve the dispute between You and Maobtourismcenter.com amicably before resorting to a legal recourse.
• ii) You agree that any dispute arising from this Agreement or about or involving the Services will by governed by the laws of the State of Utah (USA), without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Maobtourismcenter.com agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in, the state and federal courts located in Utah (USA) in such legal action or proceeding.

Indemnity.

You agree to defend, indemnify and hold Maobtourismcenter.com, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any User Content or Submission you provide or transmit through the Services, (iii)your conduct in connection with the Services or our users, (iv)your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.

Maobtourismcenter.com services may suspend or withdraw any or whole of its services temporarily with or without any prior notice due to bad weather or under the advisement of local authority. Under such circumstances, any fee or payment made to MTC towards its services that are cancelled beyond our control can be adjusted towards future services with us. However, MTC may in its own discretion choose to provide refund after deduction of cancellation and administrative service charges on a case to case basis.