Terms of Service

GENERAL INFORMATION

1.1 TRIP REPORTS PRODUCTS

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.TripReports.VoyageurTripper.com and www.TripReports.ca (the “Website”), or via other delivery methods to you (the Website and such content, products, services and apps are collectively referred to herein as the “Product” or “Products”, which may be updated at the sole discretion of Trip Reports). Please read these terms and conditions, carefully before ordering any Products from the Website. The terms “Trip Reports,”, “Voyageur Tripper”, “us” or “we” refers to the sole proprietorship of Mikaela Anne Ferguson. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

Trip Reports makes no warranties, expressed or implied, concerning the accuracy, completeness or suitability of the information and data provided through the Products, and such information and data should not be construed or used as a legal description. Activities associated with the Products can at times involve risk of injury, death, property damage, and other dangers associated with such activities. You understand that Trip Reports cannot and does not assume responsibility for any such personal injury, death, or property damage resulting from your use of the Products. Trip Reports is not responsible for the misuse or misrepresentation of the information and/or data provided through the Products, and any reliance you place on such information and/or data is therefore strictly at your own risk.

Our contact email address is [email protected]. All correspondence to Trip Reports including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.

1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND TRIP REPORTS AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TRIP REPORTS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.3 BASIS OF LICENSE

1. These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
2. Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Trip Reports.

1.4 CHANGES TO TERMS

Trip Reports reserves the right, in its sole discretion, to change or update these Terms, or any other of our policies or practices, at any time. If we do this, we will notify users. Any changes or updates will be effective no earlier than fourteen (14) days after they are posted.

MEMBERSHIPS AND SUBSCRIPTIONS

2.1 USER INFORMATION

It is your responsibility to ensure your account information stays confidential.

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information. Trip Reports will not be liable for any loss or damage arising from your failure to comply with this Section.

2.2 USE OF TRIP REPORTS BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered Member. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

2.3 MEMBERSHIP

As a Trip Reports Member you will receive access to certain features and functions of the Products that are not available to non-members. By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can unsubscribe from Trip Reports marketing emails at anytime. Trip Reports memberships are not transferable and cannot be sold, exchanged or transferred in any way.

2.4 MEMBERSHIP OPTIONS

1. Trip Reports members may access the Products in two ways:
   1. Browsing the Website without creating an account: Non-members can view the title, feature image and excepts of Trip Report content. Non-members can view Trip Reports on the map.
   2. Paid Trip Reports Members: Members can access all Trip Reports content. You can become a Trip Reports member by purchasing an annual or monthly subscription to the Products from the Website.
2. “Annual” and “monthly” subscriptions are paid for by an upfront one-off payment with automatic annual or monthly renewal, respectively. You acknowledge and agree that Trip Reports is authorized to charge the applicable payment instrument (the “Payment Method”) used for:
   1. The initial annual subscription fee at the rate secured at the time of purchase. Trip Reports does not have a money-back guarantee and there are no refunds offered on subscriptions.
   2. The renewal subscription fee(s) at the effective rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. If your original purchase of an Annual or Monthly plan was through the Website, and you mistakenly renewed your subscription, email [email protected] within 30 days of your renewal payment and we will refund your renewal payment.
3. “Lifetime” subscriptions are paid for by an upfront one-off payment, with the subscription term ending when either 100 years elapsed from the date of purchase of the “Lifetime” subscription or Trip Reports ceasing to commercially offer the Products.
4. You may cancel automatic renewals of your Annual or Monthly subscription at any time in your account at TripReports.VoyageurTripper.com, or by emailing [email protected].

2.5 CHANGING FEES AND CHARGES

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. Your continued use of the Products after the price change becomes effective constitutes your agreement to pay the changed amount. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing [email protected].

CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

1. You may cancel the auto-renewal of your Trip Reports subscription that you purchased on the Website in your account settings or by emailing [email protected].

3.2 CANCELLATION BY US

You agree that Trip Reports, in its sole discretion, may suspend or terminate your use of the Products, for any reason, including, without limitation, as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. Trip Reports may also in its sole discretion and at any time discontinue providing the Products, or any part thereof, with or without notice. You agree that any termination of your access to the Products under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Trip Reports may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Products. Further, you agree that Trip Reports will not be liable to you or any third party for any termination of your access to the Products. A breach of these Terms, includes without limitation, the unauthorized copying or download of our trail content from the Products.

3.3 PROMOTION CODES

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.

MATERIALS OFFERED THROUGH THE PRODUCTS

4.1 COPYRIGHT

1. All materials (including software and content whether downloaded or not) contained in the Products are owned by Mikaela Ferguson and Voyageur Tripper, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
2. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
3. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products.

4.2 USER SUBMITTED CONTENT

This website allows you and others to submit content to this website. You must not:

1. mislead us or anyone else as to your identity or the origin of the submitted content, or falsely claim to represent a person, organization or entity
2. post or transmit any message, content or link to content that:
   1. you either do not own or do not have the necessary rights to post or transmit
   2. is in violation of any law, rule or regulation or any third party right, or promotes illegal activity or conduct that would contravene any law, rule or regulation or third party right
   3. is abusive, hateful, homophobic, discriminatory, malicious, aggressive, threatening, violent, sexist, harassing, inflammatory, indecent, tortious, defamatory, knowingly false, misleading, deceptive, vulgar, obscene, offensive, scandalous, sexually explicit, profane, offensive or otherwise objectionable
   4. incites hatred, racism, bigotry or physical harm of any kind
   5. is unsolicited or unauthorized, such as unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or any other form of solicitation (commercial or otherwise)
   6. is in breach of any confidence
   7. includes personal data or information about others
   8. can result in us being liable to anyone else under any intellectual property rights law

By submitting your content, you agree to give us a right to do what we want with the content that you submit and to permit others to do the same; in both cases, without the need to give you notice, acknowledgement or payment (except in the case of personal information, in which case our right to do what we want with it is subject to terms of our Privacy Policy, other privacy policies and applicable consents). You also agree to waive your moral rights as an author under copyright law in the submitted content.

Specifically, for user-submitted trip reports:

• The user agrees to have all aspects of their Trip Report (written content and photographs) posted on the website (including the main domain and other subdomains) and used for promotional materials (including social media posts and advertisements) indefinitely
• The user agrees not to re-publish the Trip Report in its exact format in any other print or electronic publications, or websites
• We reserve the right to make edits to the Trip Report (including but not limited to, grammar mistakes, formatting inconsistencies and unclear wording)
• We reserve the right to monetize the website (including but not limited to, display ads, affiliate links and subscriptions) now or in the future

While we may moderate certain interactive portions of this website, we are not required to, nor should you expect that we will, take action in response to any content posted on this website. The views expressed by others represent their own views and are not endorsed or approved by us, nor do we endorse or approve any events or other activities posted by a user.

We reserve the right not to post any content that you submit, and to remove, edit or move, at any time, any content submitted and posted on this website which does not comply with these Terms of Service or for any other reason that we determine appropriate.

We will cooperate with law enforcement officials and comply with any court order with respect to any claim or investigation due to any content posted or activity that you undertake on our website and will provide such content and provide information regarding your identity as well as other relevant information.

PRODUCTS DISCLAIMER

5.1 DISCLAIMER

The information contained in the Products is for general information purposes only. While we strive to keep the information up-to-date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, accessibility (including rights of entry and/or use), security or availability with respect to the Products or the information contained on the Products for any purpose. In some cases, the Products are designed to reduce, but not eliminate, certain risks, but you hereby acknowledge and agree that the Products are not sufficient to warrant or guarantee that either no loss, no damage, or no physical harm will occur.

You understand that Trip Reports and Mikaela Ferguson cannot and do not assume responsibility for any such personal injury, death, or property damage resulting from your use of the Products. Trip Reports is not responsible for the misuse or misrepresentation of the information and/or data provided through the Products. Any reliance you place on such information is therefore strictly at your own risk.