Privacy | Terms & Conditions

Last Updated: FEB 5th, 2024

Get after it with Outfitter Services!!
Your use of the Outfitter Services websites, apps, and services (collectively, the “OFS Platform”) is subject to the following Terms of Service (“Terms”), which constitute a legally binding agreement between you and Outfitter Services. Each reference to “Outfitter Services”, “OFS”, “we”, “us”, or “our” in these Terms shall mean the Outfitter Services organization identified on Schedule 1 hereto.

Users (“Members”) have access to a central hub where they may list, promote, seek for, and contract services through the Outfitter Services Platform. Hosts are those who post content and offer services, while Clients are those who seek out, book, or employ such services. Hosts provide Activities, excursions, and events (“Experiences”), and a range of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). To utilize the Outfitter Services Platform in any significant way, you must first create an account and then maintain the security of that account by ensuring that your login information is always correct. Outfitter Services just acts as a platform provider and has no direct involvement in the actual Listings or Host Services that are made available to users. Neither a travel agency, nor an insurer, Outfitter Services is not a part of the agreements made between Hosts and Clients. Except as expressly provided in the Payments Terms of Service (“Payment Terms”), Outfitter Services is not acting as an agent on behalf of any Member. Please refer to Section16 for clarification on the duties of Outfitter Services.

The Payments Terms regulate any payment services given to Members by the Outfitter Services payment businesses, and the Privacy Policy details the gathering and use of personal data by us (collectively “Outfitter Services”).

As a Host, it is your responsibility to know and abide by any and all laws, rules, regulations, and third-party contracts that pertain to your Host Services.

Privacy Policy

Outfitter Services (“OFS”, “we”, “us”, or “our”) is committed to protecting the privacy and security of your personal information. This Privacy Policy describes how we collect, use, share, and safeguard your personal information when you use the Outfitter Services websites, apps, and services (collectively, the “OFS Platform”). It also explains how you can access and update your personal information and make certain choices about how your information is used.

By using the OFS Platform, you agree to the terms and conditions of this Privacy Policy.

1. Collection of Information
We collect personal information about you in various ways, including when you create an account, use our services, and interact with us. This information may include your name, email address, phone number, login information (for Google, Facebook, and Apple accounts), and any other information you choose to provide.

2. Use of Information
The personal information we collect is used for various functions on the OFS Platform, including, but not limited to:

  • Account setup and maintenance;
  • Providing, personalizing, and improving our services;
  • Communication about services, offers, and promotions;
  • Understanding and analyzing user preferences and behaviors;
  • Facilitating transactions and payments;
  • Ensuring security and integrity of our services.

3. Sharing of Information
We may share your information with third parties in the following circumstances:

  • With service providers who perform services on our behalf;
  • With business partners, affiliates, and third-party apps and websites that integrate with our services;
  • For legal reasons or in the event of a dispute;
  • With your consent or at your direction.

We specifically disclose that we use Google, Facebook, and Apple accounts data for various functions on the OFS Platform. By accessing the OFS Platform through these accounts, you consent to our collection, use, and sharing of your information from these accounts in accordance with this Privacy Policy.

4. Your Rights and Choices
You have certain rights regarding the personal information we hold about you. These may include the rights to access, correct, update, or request deletion of your personal information. You may also have the right to object to or restrict certain processing of your personal information, and to request a copy of your personal information in a machine-readable format.

5. Security
We implement reasonable administrative, technical, and physical safeguards designed to protect the personal information we collect. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%.

6. Changes to the Privacy Policy
We may update this Privacy Policy from time to time. The “Last Updated” date at the top of this Privacy Policy indicates when it was last revised. We encourage you to review this Privacy Policy frequently to stay informed about our information practices.

Client Terms

  1. Our Mission. Outfitter Service is dedicated to connecting individuals and groups with phenomenal Outfitters worldwide!
    In an industry that offers so many options and so many moving parts, we recognized the need for a premium solution for both Outfitters and Clients. We feel there are some key features that help to provide a truly phenomenal experience. We strive every day to make they Outfitter industry better by providing the tools necessary to both clients and Outfitters.
  1. Searching and Booking on Outfitter Services.
    2.1 Searching. Host Services may be found through a search that takes into account parameters view Host Service type, location, available dates, and Client count. Filters allow you to narrow your search and display only relevant results. Relevance to your query and other factors are used to generate search results. Price, availability, Reviews, customer service and cancellation history, popularity, past experiences and saved Listings, and more are all taken into account when determining relevance. The Search Results section of our Help Center has further information.

    2.2 Booking. When you contract with a Host, you agree to pay the deposit amount displayed during checkout (the “Deposit”), as well as any other fees, taxes, and other charges that may apply (such as the Outfitter Services service fee or offline costs). You are also consenting that Outfitter Services may charge the Payment Method (as described in the Payment Terms) used to book the Listing in order to recover Damage Claim (as defined in Section 15) amounts. When you get the booking confirmation, a contract for Host Services (a “Booking”) is created directly between you and the Host. The cancellation policy and any other rules, standards, regulations, or requirements stated in the Listing or during checkout that apply to the Booking will also be binding upon you and must be complied with in addition to these Terms. Before contracting a Listing, you must familiarize yourself with these terms and conditions.

    2.3 Booking of Experiences and Host Services. When you book an Experience or other Host Service, you gain access to that service. It is your responsibility to ensure that you and anybody you invite satisfies any age, competence, fitness, or other prerequisites. If you have any health issues or other considerations that may affect your ability to participate in, attend, or otherwise utilize the Host Service, you must communicate such to the Host in advance. No one beyond the originally booked number of Clients may participate in the Host Service without first being added as an additional Client.
  1. Cancellations, Travel Issues, Refunds and Booking Modifications.
    3.1 Problems with Travel, Refunds, and Cancellations. If you, the Client, must cancel your Booking, the cancellation policy that applies to your specific Booking as defined by Host will dictate the amount that will be reimbursed to you and is the sole responsibility of the Host. At the sole discretion of OFS, you may be entitled to rebooking help or a partial or full refund under in the event of a cancellation by the Host or if you encounter a Travel Issue (as defined in our Client Refund Policy). Outfitter Services is only and solely responsible for any Deposits and Fees collected at the time of booking. The Client Refund Policy applies only to Deposit and / or Collected by Outfitter Services. For information on what is and isn’t covered, as well as what kind of return is offered, please refer to the relevant Additional Legal Terms or Policies.

    3.2 Booking Modifications. All changes to Bookings made by a Client or Host through the Outfitter Services Platform or by contacting Outfitter Services customer service (“Booking Modifications”) are the responsibility of the Client or Host, and the Client or Host agrees to pay any additional amounts, fees, or taxes associated with the Booking Modification.
  1. Your Responsibilities and Assumption of Risk.
    4.1 Your Responsibilities. You are solely responsible for your own actions and omissions and for those of anybody you ask to participate in or to whom accompany you on your Experience, or other Host Service. This includes, but is not limited to, the following: I you must always act with integrity, treat others with respect, and comply with applicable laws; (ii) you must leave any related personal property in the condition it was in when you arrived; (iii) to make a Booking for a minor or to bring a child to a Host Service, you must be legally permitted to do so and assume full responsibility for the youngster’s safety and well-being.

    4.2 Your Assumption of Risk. You agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Outfitter Services Platform and any Content (as defined in Section 10), including, without limitation, your participation in any Experience, use of any other Host Service, or other interactions with other Members, whether in person or online. This means you should do your own research on a Host Service’s reliability and suitability before booking. When you voluntarily participate in Host Services, you understand and accept that there is a possibility that you might become ill, injured, or even die as a result of your actions.

Host Terms

  1. Hosting on Outfitter Services.
    5.1 Host. When you sign up to be a Host on the Outfitter Services Platform, you’ll gain access to our vibrant community of Clients in return for offering your Experience or other Host Service to them. Creating a Listing is easy, and as the host, you have complete control over the Listing’s price, availability, and any other parameters you set.

    5.2 Contracting with Clients. In accepting a booking request or receiving a booking confirmation through the Outfitter Services Platform, you are entering into a legally binding contract with the Client, and you are obligated to deliver the Host Service in accordance with the terms and at the price set out in your Listing. For each Reservation you make, you’ll also be responsible for paying the service fee that Outfitter Services charges. If you enter into a separate agreement with Clients, it must not conflict with these Terms, our Additional Legal Terms, or our Policies, or the information provided in your Listing, and (ii) be described in detail in your Listing’s description.

    5.3 Independence of Hosts. Your relationship with Outfitter Services is that of a third party, independent of Outfitter Services. You are not an employee, agent, joint venturer, or partner of Outfitter Services. You understand and agree that Outfitter Services has no control over whether or not you provide Host Services, or over the terms, conditions, or rates at which you offer them.
  1. Managing Your Listing.
    6.1 Creating and Managing Your Listing. Use the tools provided by the Outfitter Services Platform to make creating and managing a Listing. A complete and accurate description of your Host Service, pricing, additional expenses, and any regulations or limitations that apply to Clients or your Listing must be included in your Listing. It is your obligation as a Listing owner to keep all information (such as your availability) and content (such as photos) up to date and accurate at all times. It’s important to acquire the correct sort of insurance for your Host Services, and to study the fine print so you know exactly what is and isn’t covered. A single Host may have many Listings if it provides more than one type of Experience, but each Experience can only have one Listing. If you’re planning on advertising an Experience, please read our Promotion of Experiences Additional Terms beforehand.

    6.2 Acquaint yourself with your responsibilities under the law. Listings and Host Services must be in accordance with all applicable local, state, and federal laws, rules, regulations, and third-party agreements. Please double-check your own legal responsibilities using just the information we give; we cannot offer any kind of legal counsel. All Client and other personal information must be managed and utilized in compliance with applicable privacy laws, these Terms, and our Host Privacy Standards. If you are unsure if a particular local legislation applies to your situation, you should seek the advice of legal counsel.

    6.3 Search Ranking. Listings’ placements in search results on the Outfitter Services Platform are determined by a variety of parameters, the most important of which are:

    Listing characteristics (such as price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Client popularity), Client booking experience (such as customer service and cancellation history of the Host, ease of booking), and Client preference all play a role in determining the success of a Listing in a search.

    Searches performed on our mobile app may return different results from those obtained on our main website. As an additional service, Outfitter Services may provide Hosts the chance to increase the number of times their Listings appear in relevant search results and other areas of the Outfitter Services Platform. More information on how your Listing will be shown in search results, any promotions we may be running, and how we identify sponsored content may be found in the relevant part of our Help Center.

    6.4 Roles and responsibilities of You. You are responsible for the acts and omissions of anybody you authorize to help in the delivery of your Host Services to the same extent that you are responsible and liable for your own. You may set whatever price you like and add whatever you want to your listings. You are not allowed to solicit or encourage Customers to book any Experience or use any service that is not included in the Outfitter Services Platform, as this is a violation of our Terms of Service.

    6.5 Team or group hosting. Each member of any team, corporation, or other organization that provides Host Services, and each individual who contributes to providing Host Services, will be equally and severally accountable for and liable for any breach by the entity or people providing Host Services of these Terms. You represent and warrant that you have the power to bind the team, business, or other organization to the terms and conditions and that the entity you are using is lawful and in good standing under the laws of the jurisdiction in which it was founded. You agree that you will only take on additional obligations within the scope of your legal authority. You are responsible for the correctness of any payout information you submit to Outfitter Services, including the amounts to be paid and the names of any co-hosts or other Hosts who are to receive any share of your compensation.

    6.6 Your Assumption of Risk. You understand and acknowledge that you assume full responsibility for any and all risks connected with your use of the Outfitter Services Platform, your supply of Host Services, and your contacts and interactions with other Members, both online and offline. You agree not to rely on any claim of legislation made by Outfitter Services and that it is your obligation to determine if any laws, rules, regulations, or duties apply to your Listings or Host Services.
  1. Cancellations, Travel Issues, and Booking Modifications.
    7.1 Cancellations and Travel Issues. You will be paid according to the cancellation policy in force for the Booking in the event of a cancellation by the Client. You may only cancel a Client’s Booking if doing so is permitted by either local law or our Extenuating Circumstances Policy. If you fail to give us a valid reason for canceling, we reserve the right to impose a cancellation fee and take further measures. If I a Client experiences a Travel Issue (as defined in the Client Refund Policy), (ii) an Extenuating Circumstance occurs, or (iii) a Booking is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Client and by any other reasonable costs we incur as a result of the cancellation. In the event that a Client receives a refund after you have been paid, or if the total amount of the refund and other costs incurred by Outfitter Services exceeds your payout, Outfitter Services may seek reimbursement from you (through Outfitter Services), which may take the form of a reduction in any future payouts due to you. You acknowledge that Outfitter Services’ rules shall take precedence over your own whenever these Terms, the Client Refund Policy, or the Extenuating Circumstances Policy authorize cancellation of a Booking and/or the issuance of refunds to Clients. If we determine that a Client is eligible for a refund under any of these policies, we have the right to withhold payment for a confirmed Booking. If you are a Host or a Client, the cancellation fees and consequences for your Bookings may change accordingly. Please refer to the relevant Policy for details on what is and is not covered, and on the amounts of compensation that may be payable.

    7.2 Booking Modifications. All Booking Modifications made by a Host or a Guest through the Outfitter Services Platform or by contacting Outfitter Services customer service on the behalf of a Host or Guest are the responsibility of the Host or Guest, and the Guest agrees to pay any additional amounts, fees, or taxes associated with the Booking Modification.
  2. Taxes.
    8.1 Host Taxes. Whether or if value-added tax (VAT), other indirect taxes, occupation taxes, tourism taxes, income taxes, or any other taxes are applicable is the responsibility of the host, who must then record, collect, remit, or include them in the price (“Taxes”).

    8.2 Partial Payments will be collected by Outfitter Services. Any Deposit or Partial Payment collected during the booking process is a booking and service fee and not directly associated with a travel service or Experience listed by Host. Host understands any booking fee will be deducted from the Total Experience Fee listed. You agree that your sole remedy for Taxes collected by Outfitter Services from the applicable Tax authority, and that Outfitter Services is entitled to seek additional amounts from you (including by deducting such amounts from future payouts) if it determines that the Taxes collected and/or remitted are insufficient to fully discharge a Member’s tax obligations. You acknowledge that we may, at any time and for any reason, cease collecting and remitting Taxes in any jurisdiction upon prior notice to affected Members.

    8.3 Tax Information. We may be obligated to collect and disclose Tax information about you, and/or your organizations with appropriate tax authority. Outfitter Services may provide invoices or comparable documents for VAT, GST, consumption, and other Taxes on your behalf in connection with your Host Services.

General Terms

  1. Reviews.
    Each Host Service concludes with a mutual evaluation between the Client and the Host. Whether positive or negative, your review must be based on verifiable experience and must not violate our Content Policy or Review Policy in any way. Since Outfitter Services hasn’t verified the reviews’ veracity, the content may be inaccurate or misleading.
  2. Content.
    You can offer material (“Content”) on the Outfitter Services Platform in a variety of formats, including comments, text, photos, audio, video, and other information. You grant Outfitter Services a worldwide, royalty-free, irrevocable, perpetual, sub-licensable, transferable license to use, copy, edit, generate derivative works of, distribute, publish, and otherwise exploit the content you provide to them. Any personally identifiable information that may be present in User Content will be handled in accordance with our Privacy Policy. If Outfitter Services has provided funding for or assisted in the creation of Content, there may be additional agreements or disclaimers indicating that Outfitter Services owns such Content. In providing Content to Outfitter Services, you warrant that you either own or otherwise have the right to grant the rights granted to Outfitter Services in these Terms. You are responsible and liable for any and all breaches or infringements of any third party’s intellectual property or privacy rights that may occur as a result of your Content. Content that is hateful, sexist, homophobic, transphobic, xenophobic, violent, or otherwise illegal is prohibited under our Nondiscrimination Policy. Using the Outfitter Services constitutes your agreement that Outfitter may use any automated tools or services it chooses to make available in order to translate your Content. Outfitter Services does not guarantee the accuracy of any translations it provides to its members and members are responsible for independently confirming any such translations.
  3. Fees.
    In exchange for using the Outfitter Services Platform, Hosts and Customers may be required to pay fees to Outfitter Services (in addition to any applicable Taxes). More information regarding when and how much service fees are levied may be found on the applicable page of our site (Service Fees). Unless otherwise noted on the Outfitter Services Platform, all fees paid for services are final. Any time Outfitter Services makes a change to the cost of the services they offer, Members will be given enough notice before the new fee structure goes into effect. Reservations already processed before the price increase takes effect will not be impacted. You may terminate this Agreement at any time for any reason, as described in Section 13.2, including if you disagree with a fee increase.
  4. Outfitter Services Platform Rules.
    12.1 Rules. In addition to yourself, you are responsible for ensuring that everyone else follows these rules and regulations.
    – Always be truthful and polite in your dealings with others.
    – Treat people with respect and civility at all times.
    – You may not use a robot, spider, scraper, or similar automated means to access or interact with the Outfitter Services Platform in any way.
    – Multiple layers of encryption and other safeguards keep the Outfitter Services Platform and its contents safe.
    – Any effort to uncover the source code of the Outfitter Services Platform or its underlying hardware or software is a violation of this agreement and will result in legal consequences.
    – Do not do anything that might diminish the Outfitter Services Platform’s performance or cause it to malfunction.
    – You may use the Outfitter Services Platform only as set out in these Terms or any other agreement we may have with you.
    – You may only use another Member’s personal information as authorized by these Terms to conduct a transaction via the Outfitter Services Platform.
    – Neither the Outfitter Services Platform nor our messaging tools may be used to send promotional communications to Members without their prior consent.
    – You may use Content available through the Outfitter Services Platform solely to the amount necessary for you to use the Outfitter Services Platform, whether as a Client or a Host.
    – With the exception of when expressly permitted in these Terms or any agreement you have with us, you may not use any Content without the prior written authorization of the Content owner.
    – You may not require or encourage Clients to sign up for, write a review for, or otherwise engage in any third-party website, application, or service prior to, during, or after a Booking without the prior written consent of Outfitter Services.
    – Make no attempt to manipulate our search engine into returning less-relevant results.
    – The Outfitter Services Platform, any Content, any Outfitter Services trademark, or any page layout or design may not be used, copied, displayed, mirrored, or frame without prior written consent.
    – It is your responsibility to learn about and follow by any relevant legislation, including those that govern data protection, privacy, and export.
    – If you provide us with the personal information of another individual, you must I be legally permitted to do so, (ii) be authorized to do so, and (iii) grant us permission to process the information in line with our Privacy Policy.
    – Trademarks and logos of Outfitter Services and others may not be used without permission.
    – You may not use or register any domain name, social media account, company name, trademark, branding, logo, etc. that may confuse clients into thinking you are associated with Outfitter Services.
    – If offering the Host Services will break any contracts or laws, don’t do it.

    12.2 Reporting of violations. Before contacting Outfitter Services, you should notify the right authorities if you have any reason to believe that a Member, Listing, or Content constitutes an imminent threat to a person’s safety or property. Please contact Outfitter Services if you have any concerns that a Member, Listing, or Content may be in violation of our Standards. Outfitter Services may ask for a copy of your police report if you contacted them after reporting a problem to them. You acknowledge that unless compelled by law, we are under no obligation to react to any report.

    12.3 Copyright Notifications. Please let us know in line with our Copyright Policy if you see any Content on the Outfitter Services Platform that you feel violates copyrights.
  1. Measures including termination, suspension, and other corrective action.
    13.1 Term. These Terms shall become effective between you and Outfitter Services upon your access to the Outfitter Services Platform (for example, with your creation of an account) and shall remain in full force and effect until and until canceled by you or us as stipulated in these Terms.

    13.2 Termination. If at any time you no longer wish to be bound by this Agreement, you may terminate your account or send us an email stating as much. You agree that Outfitter Services may terminate this Agreement and your Account for any reason without notice to you. We reserve the right to immediately and without notice terminate this agreement and cease providing access to the Outfitter Services Platform if you violate these Terms, our Additional Legal Terms, or our Policies; violate applicable laws; or if we reasonably believe termination is necessary to protect Outfitter Services, its Members, or third parties. A user’s account becomes inactive if it hasn’t been used in more than two years.

    13.3 Infractions by Members. If you violate these Terms, our Additional Legal Terms, Policies, or Standards, Outfitter Services reserves the right to immediately suspend or limit your access to and use of the Outfitter Services Platform and/or your account; (ii) suspend or remove Listings, Reviews, or other content; and/or (iii) terminate your use of the Outfitter Services Platform and/or your account. Outfitter Services will not take any action against you unless you (i)willfully and knowingly break relevant laws, regulations, or third-party rights, or (ii)have been given a reasonable opportunity to remedy the violation before any action is taken against you. If you disagree with a decision we made pursuant to this Section, please contact customer support. In order to comply with relevant legislation or the order or request of a court, law enforcement, or other administrative agency or governmental body, Outfitter Services may take any action, including those outlined in Section 13.3, that it deems reasonably required to do so.

    13.5 Effect of Termination. Customers will NOT be refunded if you decide to cancel your account with Outfitter Services after bookings have already been made. In the event that you shut your Client account, all scheduled Bookings will be considered finalized and any applicable payments or fees will be processed in accordance with the cancellation policies of the relevant Booking. If this Agreement is terminated, you will no longer have access to your account or any of your Content. If we have terminated your access to or use of the Outfitter Services Platform, suspended your Outfitter Services account, or canceled this agreement, you may not create a new account or access or use the Outfitter Services Platform through the account of another Member

    13.6 Survival. The provisions of Sections 2 through 26 of these Terms that, by their terms, are intended to survive termination shall do so.
  1. Modification.
    Outfitter Services has the right to modify these Terms at any time. Any material changes to these Terms will be communicated by amending the “Last Updated” date above and making the revised terms available on the Outfitter Services Platform. Please expect to receive an email with detailed information on any major changes at least 30 days before they go into effect. If you do not agree with the new terms, you may cancel this Agreement immediately as set out below. After the modified Terms become effective date, continued access to or use of the Outfitter Services Platform constitutes acceptance of the updated Terms.
  2. Resolving Damage and Complaint Claims.
    You agree to cooperate in good faith with Outfitter Services and Host to provide any information requested, execute any documents requested, and take any other reasonable action requested in the event of a Damage Claim, Member complaint, insurance claim, or other claim relating to your provision or use of Host Services.
  3. Outfitter Services’ Role.
    We make available a website where Members may post information about and make reservations for Host Services. Our best efforts fall short of absolutely guaranteeing the behavior of Members’ Clients or Hosts while using Outfitter Services, hence we cannot make any such promises. You understand that Outfitter Services has the right but no obligation to review the Outfitter Services Platform and verify the truthfulness of the data provided by our Members. For the following reasons: I to operate, secure, and improve the Outfitter Services Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) to ensure Members’ compliance with these Terms; (iii) to comply with applicable law or the order or requirement of a court, law enforcement agency, or other governmental agency or authority; and (iv) to address Content that we determine is harmful to the Outfitter Services Platform or any of its users. As such, Members agree to defer to Outfitter Services’ determinations as to whether or not the Additional Legal Terms, Policies (including our Extenuating Circumstances Policy), and Requirements (including the minimum standards for hosts) apply to a given situation. Members agree to cooperate and assist Outfitter Services in good faith by providing Outfitter Services with such information and taking such actions as may be reasonably requested by Outfitter Services in connection with any investigation into improper use or abuse of the Outfitter Services Platform. Outfitter Services is not operating as an agent for any Member, except in its capacity as a marketing agency in accordance with the Payments Terms.
  4. Member Accounts.
    You’ll need an account with Outfitter Services Platform to use all of its features. Only organizations with legal capacity (companies, LLCs, etc.) and people (over the age of 18) are permitted to sign up. By agreeing to these Terms of Service, you represent and warrant that you are not located in, under the control of, or a national, resident, or foreign entity barred from receiving or using the Outfitter Services Platform by the laws of the United States, the jurisdiction in which your physical location is located, or any other applicable jurisdiction. Accurate, current, and complete information is required during registration and during the lifetime of your account. Create additional accounts or provide others access to your existing account at your own risk. Your credentials are private information that should never be shared. You are fully responsible for any and all activity that occurs under your account and must immediately notify Outfitter Services if your account information is lost, stolen, or otherwise compromised. To the extent permitted by applicable law, we reserve the right to (i)ask for identification or other information, (ii)conduct checks designed to verify your identity or background, (iii)screen you against third-party databases or other sources and request reports from service providers, and (iv)obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
  5. Disclaimer of Warranties.
    In no event do we, nor do any of our contributors, offer any assurances, either expressed or implied, with respect to the Outfitter Services Platform or any of the Content. To be more specific, I we don’t guarantee the existence, conduct, performance, safety, quality, legality, or suitability of any Client, Host, Host Service, Listing, or third party; (ii) we don’t guarantee the performance or non-interruption of the Outfitter Services Platform; and (iii) we don’t guarantee that any verification, identity, or background checks conducted on Listings or Members (if an Outfitter) are accurate or complete. All limitations and exclusions in these Terms apply to the maximum extent permitted by law. Any rights or warranties granted to you by legislation that we are unable to disclaim are subject to a shorter duration to the extent permitted by law.
  6. Limitations on Liability.
    Outfitter Services, its affiliates, and employees are not responsible for any indirect, special, exemplary, or consequential damages, including lost profits, lost data, or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, arising out of the use of, or the inability to use, the Outfitter Services Platform or any Content.
    You and Outfitter Services agree that in no event shall Outfitter Services’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interactions with any Members, or your use or inability to use the Outfitter Services Platform, any Content, or any Host Service exceed: (A) for Clients, the amount you pay directly to Outfitter Services; (B) for Hosts, the amount we collect under the Outfitter Services Host Agreement.
  7. Indemnification.
    You hereby release, defend (at Outfitter Services’ option), indemnify, and hold Outfitter Services (including Outfitter Services, other affiliates, and their personnel) harmless from and against any and all claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in any way related to:
    (i) you breaking our Terms, Policies, or Standards,
    (ii) the Outfitter Services platform being misused by you,
    (iii) your participation in an Experience, or use of any other Host Service, including, but not limited to, any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, participation, or use.
    (iv) the inaccuracy of Tax reporting, collection, or remittance on your part, or on our part per your instructions, or
    (v) your violation of the rights of others, including but not limited to the rights of intellectual property owners and privacy advocates.
  8. Parties to a Contract.
    Based on your country of residence or establishment and the actions you participate in while using the Outfitter Services Platform, Schedule 1 below will identify the Outfitter Services firm with whom you are contracting. Even if an Outfitter Services entity is not included on Schedule 1, you agree that with respect to a particular product, feature, or transaction, the Outfitter Services entity identified through the Outfitter Services Platform as being responsible for such item is your contracting entity. Your agreement with the Outfitter Services company (mentioned on Schedule 1) and these Terms of Service will be modified to comply with the laws of the country in where your business or primary residence is located.
  9. Jurisdiction and Application of Law inside the United States.
    The laws of the State of Missouri and the United States of America, without regard to considerations of conflicts of law, shall govern and be applied to these Terms. Unless otherwise agreed upon by the parties, any judicial proceedings that are not subject to the arbitration agreement shall be brought in state or federal court in Greene County, Missouri. We both agree that any legal matters that may arise between us shall be resolved exclusively by the courts located in the city and county of Springfield, Missouri.
  10. Arbitration and Dispute Resolution Agreement for the United States.
    23.1 Application. This Arbitration Agreement is not applicable if you are not a U.S. resident or company. Even if your country of residence or establishment is not the United States, and you nonetheless attempt to bring any legal claim against Outfitter Services in the United States, the threshold issues of whether this Section 23 applies to you, and all other threshold determinations including residency, arbitrability, venue, and applicable law, will be determined in accordance with this Arbitration Agreement.

    23.2 This is a brief summary of what has to be done to settle a legal issue. As a company, Outfitter Services is committed to taking an active role in any dispute resolution process that places the consumer first. Before resorting to binding arbitration conducted by the American Arbitration Association, individuals whose conflicts fall under this Section 23 will have the chance to engage in informal dialogue with the customer care team at Outfitter Services (mentioned in paragraph 23.3, below) (“AAA”). If you or Outfitter Services believe you have been mistreated, either of you may waive your right to arbitrate and instead bring your case before a small claims court.

    23.3 Pre-arbitration notice and resolution of disputes are mandatory. Before initiating arbitration, both you and Outfitter Services agree to give written notice of the dispute to the other and attempt to resolve it amicably for at least 30 days.. Outfitter Services will contact you at the provided email address if a disagreement develops. Each notice of disagreement must include the name and contact information of the complaining party, a brief summary of the nature of the dispute and the remedies sought, and a deadline by which the party must file the statement. If the parties are unable to resolve the disagreement within 30 days, arbitration will be initiated by filing a formal Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the opposing party as outlined in the AAA Rules (available at www.adr.org).

    23.4 Acceptance of the Agreement to Arbitrate. To resolve any claim, dispute, or controversy (“Disputes”) arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or your use of the Outfitter Services Platform, Host Services, or any Content, you and Outfitter Services agree to submit to final and binding individual arbitration (the “Arbitration Agreement”). In the event of a dispute as to the enforcement of this Arbitration Agreement or the application of this Agreement to our Dispute, you and Outfitter Services agree that the arbitrator shall make the final decision.

    23.5 Conditions Excluding Arbitration. You and Outfitter Services acknowledges and agrees that the following claims and/or causes of action are not subject to the Arbitration Agreement and must be brought in a judicial proceeding before a court of competent jurisdiction (as defined in Section 22): Claims or causes of action I alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) seeking emergency injunctive relief based on exigent circumstances (such as imminent danger or the commission of a crime, hacking, or cyber-attack); (iii) requesting the remedy of public injunctive relief; and (iv) any individual claim of any of the You and Outfitter Services agree that, to the extent any claim, remedy, or cause of action is subject to arbitration under Section 3 of the Federal Arbitration Act, any attempts to seek public injunctive relief will be made only after the end of arbitration.

    23.6 Procedures for Arbitration and Applicable Law. This Arbitration Agreement evidences a transaction in interstate commerce and is thus subject to the substance and procedural regulation of the Federal Arbitration Act. The arbitration will be conducted by the AAA in accordance with the AAA’s Consumer Arbitration Rules and/or any other AAA arbitration rules deemed suitable by the AAA, except as otherwise stated herein (“AAA Rules”). The AAA has a webpage where you can find the rules (www.adr.org). In order to initiate arbitration procedures, a formal demand (available at www.adr.org) must be filed with the AAA and served on the other party in line with the AAA’s rules.

    23.7 Changes to the AAA Rules Pertaining to the Hearing and Place of Arbitration Outfitter Services acknowledges that any compulsory arbitration hearing may be held, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) through phone or video conference; or (d) if both parties agree, by merely the submission of papers to the arbitrator.

    23.8 Changes to the AAA Fees and Costs Rules. Payment of the arbitrator and reimbursement of any associated costs shall be governed by the AAA Rules and, if appropriate, the AAA Consumer Rules. Outfitter Services shall pay the arbitrator’s fees and any additional costs incurred by the parties if the arbitrator determines that they are excessive. If one party can prove that the other party’s claim, cross-claim, or defense is without merit in fact or law, was brought in bad faith or for the purpose of harassment, or is otherwise frivolous, then that party can ask the arbitrator to award attorneys’ fees and costs in accordance with applicable law and the AAA Rules.

    23.9 Arbitrator’s Decision. The arbitrator’s main findings and conclusions will be included in the judgement. Any court with jurisdiction may enforce the arbitrator’s decision. An arbitrator may award any remedy permitted by law or the AAA Rules, but must do so on an individual basis and only to the extent necessary to provide the plaintiff with the relief sought by that plaintiff’s particular claim.

    23.10 Jury Trial Waiver. You and Outfitter Services each waive your right to a trial by jury for any Dispute that would be subject to arbitration.

    23.11 There will be no class actions or representative actions taken. You and Outfitter Services agree that to the maximum extent permissible by law, none of us will bring nor join as a plaintiff or class member in any alleged class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or aggregated procedure. Without our prior written approval, the arbitrator may not preside over any form of a representative or class process that involves claims from more than one party. In the event that a court of competent jurisdiction determines that the waiver contained in this paragraph is not enforceable as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy will be severed from this agreement to arbitrate and brought in a court of competent jurisdiction. In the event that a claim, cause of action, or requested remedy is severed pursuant to this paragraph, you and we each agree that the remaining claims, causes of action, or requested remedies that are not subject to arbitration will be suspended pending the arbitrator’s decision on all claims, causes of action, and requested remedies that are subject to arbitration.

    23.12 Severability. Except as provided in Section23.11, if any provision of this Arbitration Agreement is determined to be defective or unenforceable, such provision shall be severed and the remaining provisions of this Arbitration Agreement shall remain in full force and effect.

    23.13 Modifications to the Arbitration Agreement. You may reject any modification to this Section23 made by Outfitter Services after the date you last approved these Terms (or accepted any later modifications to these Terms) by giving us written notice (including by email) within 30 days after the date such modification becomes effective. Whether or whether you agree with the revised terms, your prior agreement to arbitrate any Dispute between you and Outfitter Services (or your prior acquiescence to any revisions thereto) will remain in force and binding as to any Dispute between you and Outfitter Services.

    23.14 Survival. If any term of this Arbitration Agreement, other than Section 23.11, is found to be defective or unenforceable, the remaining provisions of this Arbitration Agreement shall continue in full force and effect.
  1. Legislation, Jurisdiction, and Arbitration in China.
    24.1 China Domestic Transactions. If you are a Chinese resident or have your principal place of business in China, then these Terms and this Section24.1 shall be governed by the laws of the People’s Republic of China. Binding arbitration administered by the China International Economic and Trade Arbitration Commission (“CIETAC”) in accordance with the Commission’s arbitration rules in effect at the time of the application for arbitration shall be used to resolve any controversy or claim arising out of or in connection with these Terms or your use of the Outfitter Services Platform. The judgment of the arbitrator is final and binding on all parties. The tribunal shall consist of three (3) individuals. The place of arbitration shall be Beijing. Arbitration hearings will take place in English.

    24.2 Cross-border Transactions. If you are a China resident or have a China-based business with Outfitter Services, Inc., Outfitter Services Travel, LLC, Outfitter Services Ireland UC, or any other non-China entity, these Terms and this Section24.2 will be governed by the laws of Singapore. If that happens, then any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Outfitter Services Platform (including any question regarding the existence, validity, or termination of these Terms) shall be submitted to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) then in force. Singapore shall be the site of the arbitration. The Tribunal should consist of three (3) individuals. Arbitration hearings will take place in English.

    24.3 Without Limitation Provisions. Outfitter Services’ right to seek injunctive or other interim remedies from a court of competent jurisdiction in Singapore, the People’s Republic of China, or any other jurisdiction to which you may be subject is not limited by the above provisions of Sections24.1 and 24.2.
  1. Brazil Governing Law and Venue. Without giving respect to any considerations of conflicts of law, these Terms shall be governed by and interpreted in conformity with the laws of Brazil. You agree that the courts of Brazil will have exclusive jurisdiction over any claim or dispute with us that has arisen out of or is related to these Terms.
  2. Dispute Resolution, Forum Selection, and Applicable Law in the Event of a Legal Claim Arises Outside of the United States. If you do not reside in the United States, China, or Brazil, or if your regular place of business is situated outside of those countries, then this Section applies to you and these Terms will be interpreted in accordance with Irish law. This means that the CISG (the United Nations Convention on Contracts for the International Sale of Goods) will not govern the relationship between the parties. If mandatory statutory consumer protection regulations in your country of residence contain provisions that are more favorable to you as a consumer, you are not obligated to adopt Irish law. If you are a consumer, any disputes arising out of or related to these Terms may be litigated in the court having jurisdiction over your primary residence or, alternatively, in the court having jurisdiction over Outfitter Services’ principal place of business in Ireland. In order to pursue any consumer rights that Outfitter Services may have, it must do so in the customer’s home jurisdiction. As a company, you agree to submit to the exclusive and exclusive jurisdiction of the courts located in Ireland.
  3. Miscellaneous.
    27.1 References to additional requirements. Insurance Terms, Client Refund Policy, Experiences Client Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards, and any other supplemental policies and terms linked in these Terms apply to, govern, and are incorporated into your use of the Outfitter Services Platform.

    27.2 Interpreting these Terms. All prior oral or written understandings or agreements between Outfitter Services and you relating to your access or use of the Outfitter Services Platform have been superseded by these Terms (including those items incorporated by reference). You and Outfitter Services are the only parties to these Terms, and no third party shall have any rights or remedies under or by reason of these Terms except as expressly provided herein. An invalid or unenforceable provision of these Terms will not affect the validity or enforceability of any other provision save as provided in Section 23.11 above. Any use of the word “will” in these Terms has the same force and effect as the word “must” wherever that term is used in these Terms.

    27.3 No Waiver. There will be no waiver of any right or provision in these Terms unless acknowledged and agreed to by us in writing. If Outfitter Services fails to enforce any right or provision in these Terms, this will not be construed as a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise of any party’s remedies hereunder shall not constitute a waiver of any other party’s rights to pursue any other remedies available to it.

    27.4 Assignment. This Agreement and any rights or responsibilities herein may not be assigned, transferred, or delegated by you without the prior written consent of Outfitter Services. Outfitter Services may, in its sole discretion, assign, transfer, or delegate this Agreement and any rights and responsibilities hereunder upon 30 days’ prior written notice.

    27.5 Notice. Outfitter Services shall use email, the Outfitter Services Platform, a messaging service (including SMS ), or any other contact method we enable and you supply to send any notifications and other messages to Members authorized or necessary under this agreement.

    27.6 Third-Party Services. Links to third-party websites, applications, services, or resources (collectively, “Third-Party Services”) on the Outfitter Services Platform are offered for your convenience only and do not imply that the Outfitter Services Platform endorses or is connected with the Third-Party Services. These links are provided as a courtesy and do not represent an endorsement by Outfitter Services of the linked-to Third Party Services.

    27.7 Google Terms. Note that the Outfitter Services Platform utilizes Google Translate for some translation needs. Google disclaims any and all warranties, expressed or implied, regarding the translations, including but not limited to any warranties of accuracy, reliability, merchantability, fitness for a specific purpose, or non-infringement. Parts of the Outfitter Services Platform make use of the Google Maps API and other Google mapping services (s). In order to use Google Maps or Google Earth, you must agree to the Google Maps/Google Earth Additional Terms of Service.

    27.8 Apple Terms. By using or downloading our app from the Apple App Store, you agree to the terms of the Apple Licensed Application End User License Agreement.

    27.9 Outfitter Services Platform Content. Content hosted on the Outfitter Services Platform may be protected by intellectual property laws in the United States and other countries. All intellectual property rights in and to such Content are and will remain the exclusive property of Outfitter Services and/or its licensors, and you undertake not to remove, change, or obscure any such copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content from the Outfitter Services Platform unless you own the rights to such Content or are otherwise permitted to do so by these Terms. Subject to your compliance with these Terms, Outfitter Services hereby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to I download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Outfitter Services Platform and accessible to you, solely for your personal and non-commercial use.

    27.11 Force Majeure. Outfitter Services will not be held liable for any delay or failure to perform due to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

    27.12 Emails and SMS. We will use the email address or other contact information you provide us with in order to send you emails and other account- and service-related communications if you have an Outfitter Services account. The frequency of these administrative messages will remain constant regardless of the number of other email subscription programs to which you subscribe; nevertheless, you can expect to receive additional messages connected to those other programs. We may also send you promotional emails on rare occasions. While we don’t charge for sending these promotional emails, your mobile service provider’s usual data rates may apply. You may choose to receive or not receive promotional emails by editing your account’s notification settings. You should know that you won’t be able to take advantage of some discounts if you don’t have an Outfitter Services account or if you turn off certain communication settings. In the United States, by opting in to receive SMS (text messages) from us, you agree to be bound by our SMS Terms.

    27.13 Contact Us. If you have any questions about these Terms please contact us at Support@Outfitter.services