Last Revised on December 29th, 2022
AGREEMENT BETWEEN YOU AND HIKE THE WAY LLC
In the text that follows, the terms “Hike The Way”, “we”, “us” and “our” refer to Hike The Way, LLC. The term "you" refers to any person visiting hiketheway.com (“Website”), booking travel on the Website either directly or through our customer service agents.
USE OF THE WEBSITE
As a condition of your use of the Website, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will only use the Website to make legitimate bookings for you or for people on whose behalf you are legally authorized to act;
- all the information supplied by you on this Website is true, accurate, current and complete; and
- if you sign up for an account, you will keep your account information safe and accept responsibility for any use of your account by you and anyone other than you.
Through our Website we may provide you with access to third-party software and tools (“Tools”) over which we neither monitor nor have any control nor input.
Certain content, products and services available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
MOBILE AND MOBILE APPS
Hike the Way may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges. You agree that for the functions or services which are part of your registration with Hike the Way, we may send communications to your mobile device regarding the functions or services you have registered to be able to use on Hike the Way. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All contents of the Website are ©2022 Hike The Way. All rights reserved. Other logos, product and company names available on or through the Website may be the trademarks of their respective owners. Hike The Way LLC is not responsible for content on Websites operated by third parties.
We are committed to excellence in dealing with our customers so we will try to address your concerns in the case any problems arise. You agree to give us the opportunity to resolve any dispute related to the Website, our customer service agents or our products and services (“Claims”) by contacting us at (832) 426-2656 or by mail to “Hike the Way – Claims Department” at Hike the Way LLC, 4747 Research Forest Dr. Ste #410, The Woodlands, TX 77381. Claims related to an already completed tour should be submitted within 30 days of the tour completion date so that we may investigate them promptly. If we are unable to resolve your Claims within 30 days of your submission you may seek relief through arbitration or in small claims court, as set forth below.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or at a location in Montgomery County, Texas.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Hike the Way - Claims Department” at Hike The Way LLC, 4747 Research Forest Dr. Ste 180 #410, The Woodlands, TX 77381. If we request arbitration against you, we will give you notice at the email address or street address you have provided through the site. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
CLASS ACTION WAIVER
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
Our tours can be booked through the Website and through our customer service agents and are subject to our Terms and Conditions. You can access our Terms and Conditions at the following url: https://hiketheway.com/legal/terms-and-conditions.
USE OF PERSONAL INFORMATION
Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk, and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site. OUR SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We may remove the Website for indefinite periods of time at any time, or permanently, without notice to you. We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuation of the Website.
The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. Hike The Way LLC disclaims all warranties and conditions that the Website, its servers and email sent by us is free of harmful components. The information, software, and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hike The Way LLC, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any of the service or products procured through the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website or our promotional documentation, even if advised of their possibility.
If despite the limitation above, Hike the Way LLC or our respective suppliers are found liable for any loss or damage arising from the above causes, then the liability of Hike The Way LLC and/or our suppliers will in no event exceed in the aggregate the greater of (a) the fees you paid to Hike The Way in connection with the products and services or (b) One Hundred Dollars (US$100.00).
ERRORS ON OUR WEBSITE
Prices and availability of tours and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any bookings of tours and/or services listed at an incorrect price, as well as rebates, refunds or other promotional offers that contain incorrect information or typographical errors. We have the right to refuse or cancel any such booking, whether or not the booking has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and right to enforce the other remaining provisions.
The Terms and Conditions of this agreement shall be governed and construed under the laws of the State of Texas. Any claims against Hike The Way shall be brought in Montgomery County, Texas or in the U.S. Southern District of Texas Court.