Terms of Service
WhistlerBikeGuide.com is an online community for all things bike related in the resort of Whistler and a travel search engine operated by Bike Hungry Outdoor Enterprises Inc. identified as (WhistlerBikeGuide.com) through which you as a user (you) can access and use the WhistlerBikeGuide.com, travel search engine (the Service). The Service enables you to search for available travel products and services (such as hotels, property rentals, activities and equipment rentals) offered by Whistlerbikeguide.com and/or third party providers based on search criteria that you provide and then provides you with the ability to book reservations for such travel products. Upon receipt of your query, WhistlerBikeGuide.com sends the query to a variety of third party travel product providers with options that meet your criteria and displays to you the options that the Service finds. If you select one of the travel product options supplied by WhistlerBikeGuide.com, WhistlerBikeGuide.com collects information required, including payment details, for fulfillment and processing. The Service is offered to you conditioned on your acceptance without modification of these terms of service (Terms). Your access, use of the Service and any content made available through the Service constitutes your agreement to these Terms.
1. Limitations on Use
You agree that you will use the Service solely for your own personal, non-commercial, lawful purposes, and in accordance with these Terms. You agree that you will only use the Service to make legitimate inquiries, reservations or purchases, and will not use the Service for any purpose that is unlawful or prohibited by these Terms, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service and will not send automated queries of any sort to the Service.
WhistlerBikeGuide.com reserves the right to modify or terminate the Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. WhistlerBikeGuide.com reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you will be aware of any changes. A copy of the current Terms will be readily accessible at our web site at www.WhistlerBikeGuide.com. Your continued use of the Service following any change will be subject the Terms in effect at the time of your use. Except as expressly described in this Section 2, you and WhistlerBikeGuide.com can only modify these Terms in a written document signed or otherwise accepted by you and by us.
4. Disclaimer of Warranty
This Service is provided by WhistlerBikeGuide.com on an “as is” and “as available” basis and may contain technical inaccuracies or typographical errors. WhistlerBikeGuide.com assumes no responsibility regarding the accuracy of the information that is provided by WhistlerBikeGuide.com and use of such information is at the recipient’s own risk. WhistlerBikeGuide.com provides no assurances that any reported problems may be resolved with the use of any information that WhistlerBikeGuide.com provides. By furnishing information, WhistlerBikeGuide.com does not grant any licenses to any copyrights, patents or any other intellectual property rights.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW DESTIANGE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICE, WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WHISTLERBIKEGUIDE.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SERVICE.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WHISTLERBIKEGUIDE.COM OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF WHISTLERBIKEGUIDE.COM OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF WHISTLERBIKEGUIDE.COM OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law. IN NO EVENT SHALL WHISTLERBIKEGUIDE.COM’S LIABILITY TO YOU EXCEED $100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF WHISTLERBIKEGUIDE.COM OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to defend and indemnify WhistlerBikeGuide.com, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your use of the Service.
7. Copyright and Trademark Notices
All contents of this website are: ©2007 WhistlerBikeGuide.com, PO Box 174, Whistler BC Canada. All rights reserved. The WhistlerBikeGuide.com logo is a trademark of Bike Hungry Outdoor Enterprises Inc. Other product and company names mentioned herein may be the trademarks of their respective owners. Unauthorized use of the Service and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.
8. Third-party Providers and Sites
The third parties offering travel product options that are accessible through the Service are independent contractors and are not agents or employees of WhistlerBikeGuide.com, Bike Hungry Outdoor Enterprises Inc or its affiliates. You understand the mere fact that the Service displays travel product options of certain third parties does not in any way imply, suggest, or constitute any sponsorship or approval of WhistlerBikeGuide.com by any such provider or any affiliation between any such provider and WhistlerBikeGuide.com. Unless otherwise expressly stated, WhistlerBikeGuide.com’s display of specific options does not suggest a recommendation by WhistlerBikeGuide.com of the providers or their travel options. You agree that WhistlerBikeGuide.com is in no way responsible for the accuracy, timeliness or completeness of information it may obtain on your behalf from these travel product providers. Your interaction with any travel product provider accessed through the Service is at your own risk, and WhistlerBikeGuide.com shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Furthermore, the Service contains information provided by parties other than WhistlerBikeGuide.com. WhistlerBikeGuide.com does not control such information and is not responsible for the accuracy content provided by third parties. WhistlerBikeGuide.com’s inclusion of content from third parties does not imply any endorsement of the material or any association with their providers.
Information Collection and Use by WhistlerBikeGuide.com
We collect personally identifiable information when you register to create a personal WhistlerBikeGuide.com account, when you visit WhistlerBikeGuide.com pages, and when you enter information to receive email newsletters or other offers and promotions. When you register with us, we ask for your name, address, contact telephone numbers, email address, postal code and other information that may change according to the type of product and/or service you buy. Once you register with us and sign in to our services, you are not anonymous to us. We also automatically receive and record information on our server logs from your browser including your IP address, WhistlerBikeGuide.com cookie information and the page you requested. We use information for three general purposes: to customise the advertising and content you see, to fulfill your requests for certain products and services, and to contact you about specials and new products.
Information Sharing and Disclosure by WhistlerBikeGuide.com
We will not sell or rent your personally identifiable information to anyone. We will send personally identifiable information about you to other companies or people when:
– We have your consent to share the information;
– We need to share your information to provide the product or service you have requested;
– We need to send the information to companies who work on behalf of us to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);
– We respond to subpoenas, court orders or legal process; or
– We find that your actions on our web sites violate the WhistlerBikeGuide.com Terms of Service, or any of our usage guidelines for specific products or services.
Your ability to edit your account information and preferences
We give you the ability to edit your WhistlerBikeGuide.com Account Information and preferences at any time, including whether you want us to contact you about specials and new products.
We may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement on our pages. You agree that such posting will constitute sufficient and adequate notice to you of the changes. You agree that your continued use of our products or services after such amendment will constitute your acceptance of and agreement to be bound by the modified policy.
Questions or Suggestions
If you have questions or suggestions email us at ride @WhistlerBikeGuide.com