Welcome to Tyke Hike (and its affiliates and agents). (“Tyke Hike”) provides an online platform for parents/guardians to register for outdoor activities in their local communities for the purpose of helping children socialize, enjoy the outdoors, learn, and develop new skills, using curriculum and materials provided by Tyke Hike (collectively, “Services”). Information, resources and registration regarding the Services are available through the website at www.tykehike.com (or any affiliate or successor website, the “Website”). “Users” and “you” (and its derivatives) as used in this Terms of Service apply to Parents, Leaders and any other users of the Website, as the context requires.
Tyke Hike has separate programs for schools that are also covered under this Terms of Service agreement (“Schools”). The school programs are considered to be “Services,” and users of the Tyke Hike school programs are the Schools (also referred to as “Users” and “you” (and its derivatives)) in this Terms of Service agreement. Without limitation of the next paragraph, all Users of school programs will be deemed to be acting on behalf of the School. For more details, see “School Programs” below.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS”) CAREFULLY. BY (1) ACCESSING OR USING THIS WEBSITE AND ANY OTHER WEBSITES THROUGH WHICH TYKE HIKE MAKES ITS SERVICES AVAILABLE (COLLECTIVELY, THE “WEBSITE”), INCLUDING USING THE SERVICES(2) CLICKING ON THE “I ACCEPT” BUTTON, (3) COMPLETING THE REGISTRATION PROCESS, AND/OR (4) MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TYKE HIKE, AND (C) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE PERSON OR ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT PERSON OR ENTITY TO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. THE WEBSITE AND THE SERVICES TOGETHER ARE REFERRED TO IN THESE TERMS AS THE “TYKE HIKE PLATFORM.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY TYKE HIKE IN ITS SOLE DISCRETION AT ANY TIME.
Tyke Hike Registration.
(1) Registering Your Account. In order to access certain features of the Tyke Hike Platform or as a Parent to register for a Hike or Event, you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered a Tyke Hike account on the Website (“Account”).
(2) Registration Data. In registering for an Account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Tyke Hike Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Tyke Hike Materials or the Tyke Hike Platform by minors. You may not share your Account or password with anyone, and you agree to (1) notify Tyke Hike immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tyke Hike has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tyke Hike has the right to suspend or terminate your Account and refuse any and all current or future use of the Tyke Hike Platform (or any portion thereof).
Parent Terms. The following terms apply to Parents who want to register their children for Tyke Hikes or Events:
(1) Terms Binding Upon Minors. As a Parent, when you enroll one or more of your children in a Hike or Event, you represent that you are the parent or legal guardian of all such individuals under the age of 18 who are participating in the Hike or Event, or accompanying you to such Hike or Event (“Children”) and you agree that these Terms are also binding upon your Children.
(2) Birthday Parties. If you have enrolled any of your Children in one of our birthday party Events (each, a “Birthday Party”), you will be responsible for the acts and omissions of all of the guests attending the Birthday Party (“Birthday Party Guests”) as if they were your own, including in connection with any property damage or bodily harm. You agree to indemnify Tyke Hike for any claims arising out of or related to Birthday Party Guests (“Claims”). You represent and warrant that you will hold and keep in effect a homeowner’s or apartment insurance policy sufficient to cover any and all Claims.
(3) No Hike or Event Guarantee. You acknowledge and agree that Tyke Hike does not and cannot guarantee that any particular Tyke Hikes, Events, Activities, Course Materials, or Leaders will be available. In some cases, Tyke Hikes and Events displayed as available on the Website may not be available at some locations. Tyke Hike reserves the right to reschedule or cancel any Hike or Event for any reason without notice. Tyke Hike and any Leaders may disqualify anyone at any time during a Hike or Event from participating in any and all activities, including if Tyke Hike or a Leader feels your or your Children’s continued participation will jeopardize any individuals involved or others. In the event a Hike or Event is listed at an incorrect location, or a Hike is listed at an incorrect price, due to typographical error or other error, Tyke Hike will have the right to refuse or cancel any registrations for enrollment placed for such Hike or Event. Tyke Hike will have the right to refuse or cancel any such registrations for enrollment whether or not the registration has been confirmed or your credit card charged. If your credit card has already been charged for the registration and your registration is cancelled, Tyke Hike will issue a credit to your credit card account in the amount charged to you for such Event or Hike.
(4) Event Participation. Events are hosted by Leaders for you, your child and your child’s guardian to participate. Event descriptions, terms and conditions, and any fees that may be applicable for an Event are set forth on the page for that Event.
(5) Hike Participation. Hike descriptions, terms and conditions, and any fees that may be applicable for a Hike are set forth on the page for that Hike. Tyke Hike, at its sole discretion, may make promotional offers with different features and different rates to any Enrollee. These promotional offers, unless made to you, will have no bearing whatsoever on the amount you owe to Tyke Hike.
(6) Hike Enrollment Plans. If you register your Children for one or more Tyke Hikes, Tyke Hike will charge you upon registration for the Hike. If you decide not to attend any prepaid Tyke Hikes, you will not be eligible for a prorated refund of any portion of the prepaid fees.
(7) Food and Drinks. You understand that if food and beverages are provided at a Hike or Event for you and your Children to consume, you and your child’s guardian are free to choose which foods and beverages, if any, you, your child, and your child’s guardian consume, and you accept sole responsibility for all risks associated with such consumption, including food sickness, allergic reaction, and death. You are solely responsible for any food or beverages that you bring to any Tyke Hikes or Events.
(8) Medical Emergency. In case of a medical emergency, you authorize the Leader and Tyke Hike to secure emergency medical treatment for you, your child, or your child’s guardian. You hereby agree to pay for any charges for emergency medical treatment that are not covered by your or your Children’ personal health insurance.
2. School Programs
The options and total costs and fees for Tyke Hike programs provided to schools (“School Programs”) may be obtained by emailing us at firstname.lastname@example.org
(1) Registering Your School. In order to have Tyke Hike provide services to your school, you may need to sign an agreement (“register”) your school with Tyke Hike. If you register for a School Program, including by submitting information about your School and any payment to us, you acknowledge and agree that Tyke Hike may reject your application for any reason at Tyke Hike’s sole discretion, subject to applicable law.
(2) No Tyke Hike or Event Guarantee. You acknowledge and agree that Tyke Hike does not and cannot guarantee that any particular portion of the School Programs will be made available, and Tyke Hike reserves the right to change the selection and fees of School Programs at any time.
(3) Profile. Any content that you upload, post, e-mail, transmit or otherwise make available through Tyke Hike Materials (including your profile on the Website) may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
(4) Age-Appropriate. You represent that any Tyke Hikes or other Tyke Hike-related events or materials you provide to students will be age appropriate for the participating students and compliant with all applicable laws.
(5) Independent Contractors. The relationship between Tyke Hike and each School is that of independent contractors.Nothing in these Terms is intended to create or will be deemed to create or constitute a joint venture or partnership between Tyke Hike and any School.
(6) Confidential Information. To the extent that you are provided access to confidential information of Tyke Hike, including personally identifiable information of the Enrollees and their Children, you agree that you will not use or disclose it in any manner other than as necessary to provide School Programs, which includes, but is not limited to, your agreement that you will not share such information with competitors of Tyke Hike. You understand that any information provided to you by Tyke Hike will be confidential information for purposes of the Terms, unless Tyke Hike states otherwise in writing, or you otherwise know such information to be publicly available. You also understand that, upon Tyke Hike’s request, you will return to Tyke Hike all information provided to you by Tyke Hike, including all copies thereof. You understand that information includes tangible materials, as well as electronically stored information and all copies thereof.
3. Payment Terms.
(1) Payment for Tyke Hikes or Events, and School Programs. All prices are quoted in U.S. dollars and are valid and effective only in the United States. Schools and other Enrollees must provide Tyke Hike with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) when registering for a School Program or registering Children for a Class or Event. If you are an Enrollee and Tyke Hike does not receive payment from you or your Payment Provider for any Tyke Hikes or Events, (i) you agree to pay all amounts owed by you upon demand, and (ii) you agree that Tyke Hike may either terminate or suspend your participation in any School Program, Tyke Hikes or Events. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Tyke Hike with your credit card number and associated payment information, you hereby authorize Tyke Hike to immediately charge your credit card for all fees and charges due and payable to Tyke Hike hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Tyke Hike of any change in your billing address or credit card used for payment hereunder. Tyke Hike reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Tyke Hike Materials or by e-mail delivery to you.For School Programs only, upon request Tyke Hike can invoice the School and receive payment by check.
(2) Refunds. Payments made to Tyke Hike are subject to refund in accordance with Tyke Hike’s policies & procedures available at www.tykehike.com/policies
(3) Taxes. Tyke Hike’s fees are net of any applicable Sales Tax. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Tyke Hike, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Tyke Hike for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that Tyke Hike is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
(4) Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: Tyke Hike LLC, 855 Peachtree St. NE #3612, Atlanta GA 30308.
(1) Tyke Hike Materials. Except with respect to Your Content and User Content, you agree that Tyke Hike and its suppliers own all rights, title and interest in Tyke Hike Materials. You hereby agree and acknowledge that any modifications or updates to the Tyke Hike Materials shall be the sole and exclusive property of Tyke Hike. You hereby assign to Tyke Hike all rights, title, and interest to any modification or updates to the Tyke Hike Materials.
(2) Trademarks. Tyke Hike’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with Tyke Hike Materials are the trademarks of Tyke Hike and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Tyke Hike Materials are the property of their respective owners.
(3) Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Tyke Hike Materials, except as otherwise provided in these Terms.
(4) Your Content. Tyke Hike does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Tyke Hike Platform or as part of the Tyke Hike Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
(5) License to Your Content. Subject to any applicable account settings that you select, you grant Tyke Hike a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Tyke Hike Platform or as part of the Tyke Hike Materials. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Tyke Hike Platform or as part of the Tyke Hike Materials. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Tyke Hike, are responsible for all of Your Content that you make available on or in the Tyke Hike Platform or as part of the Tyke Hike Materials.
(6) Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any comments or any other area on or in the Tyke Hike Platform or as part of the Tyke Hike Materials, you hereby expressly permit Tyke Hike to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
(7) Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Tyke Hike.
(8) Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Tyke Hike (“Feedback”) is at your own risk and that Tyke Hike has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Tyke Hike a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Tyke Hike Materials or the Tyke Hike Platform.
5. Use of the Tyke Hike Platform and Tyke Hike Materials.
The Tyke Hike Platform, all Tyke Hike marketing materials (“Marketing Materials”), and all learning materials, gear, kits, and other products which may be provided by or purchased from Tyke Hike relating to class structures, curriculum offerings, and including as provided in connection with Activities, Events and Classes (“Course Materials”), and the information and content available on the Website and used in connection with the Services, (collectively, with the Marketing Materials and the Course Materials, the “Tyke Hike Materials”) are protected by copyright laws throughout the world. Subject to the Terms, (i) as a User, Tyke Hike grants you a limited license to reproduce portions of Tyke Hike Materials for the sole purpose of using the Tyke Hike Platform for your personal, non-commercial, purposes, and (ii) if you are a Leader, Tyke Hike also grants you a further limited license to (i) use the leader tools available through the Website and (ii) use, reproduce, and distribute the Marketing Materials and Course Materials, for the purposes of marketing and leading Classes and hosting Events. Unless otherwise specified by Tyke Hike in a separate license, your right to use any Tyke Hike Materials is subject to the Terms.
6. Certain Restrictions.
The rights granted to you in the Terms are subject to the following restrictions: (a) except as expressly stated herein, you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Tyke Hike Materials or any portion of Tyke Hike Materials; (b) you will not frame or utilize framing techniques to enclose any trademark, logo, or other Tyke Hike Materials (including images, text, page layout or form) of Tyke Hike; (c) you will not use any metatags or other “hidden text” using Tyke Hike’s name or trademarks; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Tyke Hike Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access Tyke Hike Materials in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of Tyke Hike Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you will not remove, alter, obscure, or destroy any copyright notices or other proprietary markings contained on or in Tyke Hike Materials. Any future release, update or other addition to Tyke Hike Materials will be subject to the Terms. Tyke Hike, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Tyke Hike Materials terminates the licenses granted by Tyke Hike pursuant to the Terms.
You hereby grant to Tyke Hike and its licensees, designees and assignees the absolute and irrevocable right and permission, without any requirement to obtain further consent from you and/or your Children, to audio tape, film, videotape, photograph or otherwise record the name, likeness and voice of you and your Children in connection with your and your Children’s participation in any Classes or Events, and to edit, use, broadcast, telecast, stream, download, display, distribute, post, and/or publish any of the results and proceeds thereof (the “Publicity Materials”) for any purpose and in any manner whatsoever in any and all media or technology, whether now known or hereafter devised (including, without limitation, on the internet, via social media, and via any other digital, analog or other distribution media or mechanism), worldwide in perpetuity. You hereby irrevocably authorize Tyke Hike to use and license others to use the Publicity Materials for any promotion, merchandising, publicity, advertising or any other lawful purpose without limitation and without any compensation to you or your Children. You and your Children hereby release, hold harmless, and forever discharge the Tyke Hike Parties from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses arising out of, related to, or in any way connected with the exercise by Tyke Hike of the rights granted herein, including any and all claims for invasion of privacy, infringement of your rights of privacy and/or publicity, infringement of you and/or your Children’s intellectual property rights, defamation, or portrayal in a false light.
8. User Conduct.
As a condition of use, you agree not to use Tyke Hike Materials for any purpose that is prohibited by the Terms or by applicable law. You will not (and will not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through Tyke Hike Materials that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Tyke Hike’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Tyke Hike; (vi) interferes with or attempts to interfere with the proper functioning of Tyke Hike Materials or uses Tyke Hike Materials in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are directed against Tyke Hike Materials, including but not limited to violating or attempting to violate any security features of Tyke Hike Materials, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Tyke Hike Materials, introducing viruses, worms, or similar harmful code into Tyke Hike Materials, or interfering or attempting to interfere with use of Tyke Hike Materials by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” Tyke Hike Materials.
Tyke Hike may, but is not obligated to, monitor or review the Tyke Hike Materials, Content, the Tyke Hike Platform, at any time, including with regard to any Classes or Events. Without limiting the foregoing, Tyke Hike will have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Tyke Hike does not generally monitor user activity occurring in connection with the Tyke Hike Materials and the Tyke Hike Platform, if Tyke Hike becomes aware of any possible violations by you of any provision of the Terms, Tyke Hike reserves the right to investigate such violations, and Tyke Hike may, at its sole discretion, immediately terminate your license to use the Tyke Hike Materials and the Tyke Hike Platform, lead Classes, host Events, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
You agree to indemnify and hold Tyke Hike, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “Tyke Hike Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Tyke Hike Materials or the Tyke Hike Platform; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; (e) any act or failure to act by you and/or for Parents, your Children, as applicable, (e) any matter arising out of or related to your or for Parents, your Children’s attendance or participation at a Class, Event, or Activity, including any claims by any venues against Tyke Hike Parties, or (f) your or for Parents, your Children’s violation of any applicable laws, rules or regulations, as applicable. Tyke Hike reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tyke Hike in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to Tyke Hike Materials.
11. Disclaimer of Warranties.
(1) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW (I) YOUR USE OF TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM, (II) FOR SCHOOLS, TEACHERS, PARENTS AND LEADERS, THE MATERIALS USED IN CONNECTION WITH SCHOOL PROGRAMS, CLASSES OR EVENTS, AND (III) FOR PARENTS, YOUR AND YOUR CHILDREN’S (AND IF APPLICABLE, YOUR BIRTHDAY PARTY GUESTS') ATTENDANCE OR PARTICIPATION IN ANY CLASSES, EVENTS, OR ACTIVITIES, ARE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TYKE HIKE MATERIALS, TYKE HIKE PLATFORM AND ALL TYKE HIKE MATERIALS, FOOD, AND BEVERAGES PROVIDED, IF ANY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TYKE HIKE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(2) YOU ACKNOWLEDGE AND AGREE THAT THE TYKE HIKE PARTIES ARE NOT RESPONSIBLE FOR AND WILL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF (I) ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE TYKE HIKE PLATFORM OR TYKE HIKE MATERIALS; (II) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM; (III) THE TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS; (IV) THE CONDUCT OF ANY ENROLEE OR BIRTHDAY PARTY GUEST; OR (V) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. TYKE HIKE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY USER OR THEIR CHILDREN BY ANY LEADER OR OTHER USER ARISING OUT OF THE TYKE HIKE PLATFORM.
(3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TYKE HIKE OR THROUGH THE TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(4) No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT TYKE HIKE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TYKE HIKE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES (INCLUDING ENROLEES AND BIRTHDAY PARTY GUESTS), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
(5) No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE COMPANY PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES.
Limitation of Liability.
(1) Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL TYKE HIKE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TYKE HIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM OR ANY CONTENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM OR ANY CONTENT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM OR ANY CONTENT; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY; OR (5) ANY OTHER MATTER RELATED TO THE TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM OR ANY CONTENT, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
(2) Cap on Liability. UNDER NO CIRCUMSTANCES WILL TYKE HIKE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY TYKE HIKE AS A RESULT OF YOUR USE OF THE TYKE HIKE MATERIALS OR THE TYKE HIKE PLATFORM OR ANY CONTENT. IF YOU HAVE NOT PAID TYKE HIKE ANY AMOUNTS, TYKE HIKE’S SOLE AND EXCLUSIVE LIABILITY WILL BE LIMITED FIFTY DOLLARS ($50).
(3) Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TYKE HIKE AND YOU.
12. Procedure for Making Claims of Copyright Infringement.
It is Tyke Hike’s policy to terminate the Account and associated privileges of any User who repeatedly infringes copyright upon prompt notification to Tyke Hike by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted in Tyke Hike Materials or on the Tyke Hike Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Tyke Hike Materials or the Tyke Hike Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Tyke Hike’s Copyright Agent for notice of claims of copyright infringement is as follows: Tyke Hike LLC, 855 Peachtree St. NE #3612, Atlanta GA 30308.
13. Term and Termination.
(1) Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Tyke Hike Materials, unless terminated earlier in accordance with the Terms. Notwithstanding the foregoing, if you used Tyke Hike Materials or the Tyke Hike Platform prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Tyke Hike Materials or the Tyke Hike Platform (whichever is earlier) and will remain in full force and effect while you use Tyke Hike Materials or the Tyke Hike Platform, unless earlier terminated in accordance with the Terms.
(2) Termination of Services by Tyke Hike. If you have materially breached any provision of the Terms, if Tyke Hike is required to do so by law (e.g., where the provision of the Website or the Services or Tyke Hike Materials is, or becomes, unlawful), or if Tyke Hike decides, in its sole discretion, to discontinue the Services or all or part of the Tyke Hike Materials or Tyke Hike Platform, Tyke Hike has the right to, immediately and without notice, suspend or terminate any Services provided to you.
(3) Tyke Hike Rights. If Tyke Hike becomes aware of any possible violations by you of the Terms, Tyke Hike reserves the right to investigate such violations. In the event that Tyke Hike determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Tyke Hike Materials or Tyke Hike Platform, Tyke Hike reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Tyke Hike) that you have violated the Terms; (ii) delete any of Your Content provided by you or your agent(s) to Tyke Hike Materials or Tyke Hike Platform; (iii) discontinue your registration(s) with any of Tyke Hike Materials or Tyke Hike Platform, including the Services, School Programs, Classes, and Events; (iv) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) pursue any other action which Tyke Hike deems to be appropriate. If, as a result of the investigation, Tyke Hike believes that criminal activity has occurred, Tyke Hike reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Tyke Hike is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Tyke Hike Materials or Tyke Hike Platform, including Your Content, in Tyke Hike’s possession in connection with your use of Tyke Hike Materials or Tyke Hike Platform, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tyke Hike, its Users or the public, and all enforcement or other government officials, as Tyke Hike in its sole discretion believes to be necessary or appropriate.
(4) If your Account is terminated by Tyke Hike due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access Tyke Hike Materials or Tyke Hike Platform through the use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Tyke Hike reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
(5) You agree that all terminations for cause will be made in Tyke Hike’s sole discretion and that Tyke Hike will not be liable to you or any third-party for any termination of your Account.
(6) Termination of Services by You. If you want to terminate the Services provided by Tyke Hike, you may do so by (a) notifying Tyke Hike at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Tyke Hike's address set forth above.
(7) Effect of Termination. Termination of any Service may include removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Tyke Hike will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
22. Modifications to these Terms. When changes are made, Tyke Hike will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website and/or Services and will be effective thirty (30) days after the posting of notice of such changes on the Website for existing Users, provided that any material changes will be effective for Users who have an Account with us upon the earlier of thirty (30) days after the posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Tyke Hike may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
14. General Provisions
(1) Electronic Communications. The communications between you and Tyke Hike use electronic means, whether you visit the Tyke Hike Platform or send Tyke Hike e-mails, or whether Tyke Hike posts notices on the Tyke Hike Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Tyke Hike in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tyke Hike provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
(2) Release. You agree to bear all risk and hereby release the Tyke Hike Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage or loss, that is either directly or indirectly related to or arises from any Tyke Hikes, Events, Activities, or interactions with or conduct of other Users or other third-parties. You agree that the safety and wellbeing of you and/or your Children and the loss, theft, or destruction of you and/or your Children’s belongings are your sole responsibility. You agree that you understand that there may be inherent dangers in the Activities, Tyke Hikes, and Events provided through the Tyke Hike Platform. YOU HEREBY ACKNOWLEDGE THAT YOU AND/OR, YOUR CHILD, OR YOUR CHILD’S GUARDIAN MAY BE SUBJECT TO CERTAIN RISKS BY PARTICIPATING IN ACTIVITIES, EVENTS, OR TYKE HIKES AND YOU AGREE (ON BEHALF OF YOURSELF AS WELL AS ON BEHALF OF YOUR CHILDREN, IF APPLICABLE) TO ASSUME ALL SUCH RISKS AND LIABILITIES ARISING THEREFROM. Tyke Hike reserves the right, but has no obligation, to intercede in any disputes between Users.
(3) Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Tyke HIke’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
(4) Force Majeure. Tyke Hike will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
(5) Limitations Period. YOU AND TYKE HIKE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE TYKE HIKE PLATFORM, OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(6) Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Georgia, without giving effect to any principles that provide for the application of the law of another jurisdiction.
(7) Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(8) Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.