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TERMS OF USE & PRIVACY POLICY

TERMS OF USE

About Using This Website

By using this website you are accepting all the terms of this disclaimer notice. If you do not agree with anything in this notice you should not use this website and should consider any expressed or implied invitation to view the contents of this site as revoked in its entirety.

Disclaimer

This website has been created as a promotional tool for ArborTrek Canopy Adventures, LLC (ArborTrek), the design of which allows content, media, and photos to be added by ArborTrek staff, its assignees, registered site members, and anonymous guests to the site. While ArborTrek and designated administrators make an effort to ensure that the content of this website is accurate, the website is provided “as is” andArborTrek makes no representations or warranties in relation to the accuracy or completeness of the information found on it. We do not warrant that the information will be kept up to date, be true and not misleading, or that this site will always (or ever) be available for use.

The use of this website shall constitute user’s acceptance of the content of this website on an “as is,””where is,” and “with all faults and defects,” basis regardless of how such faults and defects were caused or created (by the negligence, actions, omissions or fault of the creators, contributors or any party which otherwise has made this website available to the public domain), and acknowledges that without this acceptance, the use and/or viewing of this site is not otherwise authorized and the maker shall not be under any obligation whatsoever to undertake any improvement, repair, modification, alteration, remediation, or other work of any kind with respect to any of the content therein except as required by state or federal authorities pursuant to state and federal statutes and regulations respectively.

As we do not maintain our own servers, we cannot not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning or backing up any files including but not limited to photos, video, PDFs, word-processing documents, or form-based content before uploading to the site.

In no event will ArborTrek be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from information leading to the participation in a listed activity and resulting in illness, bodily harm, psychological trauma, emotional distress, or embarrassment; loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.

In choosing to use this site, you agree not to:

  1. Upload, post, email, transmit or otherwise make available any Content that
    1. is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. you do not have a right to make available (such as information that is copyrighted, proprietary, trademarked, patented, or confidential);
    3. is fraudulent, untrue, or intended to mislead other users of the site;
    4. contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
    5. could be classified as “spam” or “junk mail” including but not limited to unsolicited or unauthorized advertising, promotional materials for unrelated topics other than those specified on the site, and “chain letters”
  2. Impersonate any person or entity, including, but not limited to, an AdventureSmith, Inc. employee, site moderator, other registered member, tour operator, builder, regulator, or official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. “Stalk” or otherwise harass another member of the site

ArborTrek reserves the right to remove any content posted to the site and to limit, suspend, or revoke the privileges of membership and/or participation in the site to any user or IP address at any time for any reason.

Exceptions

Nothing in this disclaimer notice excludes or limits any warranty implied by law for death, fraud, personal injury through negligence, or anything else which it would not be lawful for ArborTrek to exclude.

Licence to Use This Website

By using this website you agree to the exclusions and limitations of liability stated above and accept them as reasonable. Do not use this website if you do not agree that they are reasonable.

If any of the points in this disclaimer notice are found to be unenforceable under applicable law that will have no bearing on the enforceability of the rest of the disclaimer notice.

Logos and designs integrated in to the site template are protected by copyright law and are copyright to ArborTrek unless credited otherwise. Such materials may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. Prior written consent of the copyright holder must be obtained for any other use of material. Such license is granted to our Agents and Resellers through the Agent and Reseller contract.

Copyright of all images, video, content, and media on this site remains with the artist or copyright owner at all times. In uploading material to the site to share with the ArborTrek community, the copyright holder provides license to ArborTrek to use any and all materials, including but not limited to videos, photos, content, comments, or postings in print or electronic format for commercial purposes.

No part of this site may be distributed or copied for any commercial purpose or financial gain without prior written consent from ArborTrek.

All intellectual property rights in relation to this website are reserved and owned by ArborTrek.

Links to Other websites and Products

Links to other websites are provided for the convenience of users. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.

Comments, Postings, and Blogs

This site includes blogs, photo galleries, link directories, and forums that are designed for use bythe community. The views expressed by individuals or organizations on this site do not necessarily reflect the views points of ArborTrek, it’s agents or assignees. Should comments, postings, or media be found that are in poor taste, false, or slanderous, they should be reported to immediately. Links have been inserted throughout the site to assist in the flagging and removal of material that does not meet the license to use this site.

Commenting utilities have been inserted throughout the site to provide an opportunity for community members to present their opinions. Should an individual or user disagree with the facts presented by the commenter, they should report the comment to support@arbortrek.com.  Individuals and organizations will be provided the opportunity to add a reply to the comment. For replies to be accepted, they must meet the following guidelines:

  1. Specify the post through URL, date, time, and user with which they disagree.
  2. Provide rebuttal to the facts presented in the original comment. Replies challenging the opinions of other users will not be accepted.
  3. Comments should be kept to 250 words or less.

Participating in Adventure Programs

Activities at height, including but not limited to ropes courses, challenge courses, zip lines, canopy tours, aerial trekking courses, hebertism courses, rappelling, technical rescue, construction, and overhead work operations are dangerous and may lead to severe injury or even death.It is the responsibility of each user to educate themselves to the risks of participating in the activities presented on this site including, but not limited to, consulting with their physician to determine their readiness to participate.

Indemnification and Hold Harmless

To the fullest extent permitted by law, user agrees to indemnify, defend and hold harmless ArborTrek and its affiliated and related entities, and their officers, directors, and employees from and against any and all losses, liabilities, claims, strict liability claims, lawsuits, fines, penalties, judgments, expenses (including, but not limited to, reasonable attorneys’ fees), environmental abatement, investigation, remediation and cleanup costs, and damages in connection with personal injuries, death, or damage to property or the environment arising from, in any way, the use of this website regardless of whether such injuries/death/damage are caused by or arise from user’s own or third parties’ negligence, actions or omissions relating to the operation, condition or contents of this site.

Law and Jurisdiction

Any and all disputes, controversies, or claims arising out of or in connection with or relating to ArborTrek, Inc. and any claim that ArborTrek violated any state or federal statutes, common law doctrine, or committed any tort shall, on the request of either party, be submitted to and settled by arbitration in the State of Vermont, County of Lamolille, pursuant to the rules, then in effect, of the American Arbitration Association. The laws of the State of Vermont shall govern any such dispute. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed, in writing, with the other party to this Agreement within a reasonable time after the claim, dispute, or other matter in question arose where the party asserting the claim should reasonably have been aware of it, but in no event later than the applicable Vermont statute of limitations. Cost of arbitration shall be shared equally by the parties, provided that each party shall pay for and bear the cost of his or her own experts, evidence, and attorney fees. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Participant further agrees that any action against ArborTrek arising out of use of the services provided by ArborTrek, including its website, including, but not limited to, claims arising under State or Federal statutes, must be brought within 180 days of the event giving rise to the claims or be forever barred. Participant waives any limitation periods to the contrary. Participant further agrees that if it should bring any action or claim arising against ArborTrek in which ArborTrek prevails, Participant, or his/her Guardian if a minor, will pay to AdventureSmith, Inc. any and all such costs incurred by it in defense of said claims or actions, including attorneys fees.

Variations

We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.

About Us

This website is owned by ArborTrek Canopy Adventures, LLC, a Delaware limited liability company.

ArborTrek Canopy Adventures, LLC
1239 Edwards Rd
Jeffersonville, VT 05464
(802) 644-9300 office
(802) 318-4164 fax
accounting@arbortrek.com

PRIVACY POLICY

The Customer Privacy Policy listed here covers the collection, use, and disclosure of personal information that may be collected by ArborTrek anytime you interact with ArborTrek, such as when you visit the website; when you post comments, photos, or stories to the site; when you reserve a tour and schedule services; or when you purchase goods from one of our stores.  This policy extends to all ArborTrek websites.

Please take a few minutes to read the following passage to learn more about our information practices including what information we gather, for what purpose it is collect, how the information is used, and with whom it will be shared.


Why we collect personal information

We collect your personal information for two reasons:

  1. Information helps us to understand our customers and potential customers and to deliver better products, customize content, and provide a higher level of customer service, saving you time and money.
  2. Information helps us to protect both you and our other customers from fraud. Through the collection of personal information, we can help to prevent such unacceptable behaviours.


What information we collect and how we may use it

There are many situations in which your personal information is collected on ArborTrek.  Here are a few examples:

  • When you make a purchase at our store. Personal information is collected to provide us the means to complete the financial transaction and to ship goods.
  • When you make a reservation or book services.  Personal information is collected to provide us the means to complete the financial transaction and to secure staff to deliver the scheduled program.
  • When you write a comment, post testimonials, photos or videos; or rate a tour, we may ask for your personal information to validate you are who you say you are and to prevent unwanted spam or harmful messages.
  • When you place an inquiry regarding services, marketing materials, or requests for proposal we ask for you personal information so we might contact you back.
  • We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve our products and services, or to educate the community about zip-line and canopy tour operations, usage, trends, and so forth.


Publicly displayed information is public

If you use the web 2.0 features of the site, post comments, add listings, or upload media, you should be aware that any information you share is visible to other users.  Personally identifiable information you submit through one of these channels can be read, collected, or used by other individuals to send you unsolicited messages. ArborTrek is not responsible for the personally identifiable information you choose to submit in through these channels.


When we disclose your information

ArborTrek takes your privacy very seriously. ArborTrek does not sell or rent your contact information to other marketers.

Within our company – ArborTrek

To help us provide superior service, your personal information may be shared with legal entities and licensees within our company globally who will take steps to safeguard it in accordance with ArborTrek’s privacy policy.

With our service providers, vendors, and strategic partners.

There are also times when it may be advantageous for ArborTrek to make certain personal information about you available to companies that ArborTrek has a strategic relationship with or that perform work for ArborTrek, to provide products and services to you on our behalf.  These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys.  These companies are also obligated to protect your personal information in accordance with our policies, except if we inform you otherwise at the time of collection.

At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.


How we protect your personal information

ArborTrek takes precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

You can help us by also taking precautions to protect your personal data when you are on the Internet.  Change your passwords often using a combination of letters and numbers.

Cookies and other technologies

As is standard practice on many corporate websites, ArborTrek’s websites use “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there.  We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications.  And we use cookies to customize your experience and provide greater convenience each time you interact with us.

As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

In some of our email messages we use a “click-through URL” linked to content on ArborTrek websites. vWhen customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. vIf you prefer not to be tracked simply avoid clicking text or graphic links in the email.

We use remarketing with Google Analytics to advertise online.  Along with third-party vendors, including Google and DoubleClick, we use first-party and third-party cookies together to inform, optimize, and serve ads based on user’s past visits to our website.  We do not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from third-party vendors.  If you wish to opt-out from Google Analytics collection of information, please visit Google Analytics Opt-out Browser Add-on.


Our commitment to your privacy

ArborTrek takes protecting your privacy very seriously. To make sure your personal information is secure; we communicate these guidelines to all of our employees and strictly enforce privacy safeguards within the company.

If concerns arise regarding your privacy, or if you believe that an incident has occurred which compromises your privacy, please contact support@arbortrek.com.