Terms and Conditions
Please read our Terms and Conditions of Use (the "Terms") carefully before continuing with your use of www.bigsouthforladventures LLC (the "Site"). These Terms shall govern the use of this Site and apply to all traffic visiting this Site. By accessing or using this Site, you agree to the Terms.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THIS SITE. Limited License Subject to the terms and conditions set forth in this Agreement, Big South Fork Adventures LLC grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Furthermore, you agree that you will not use the Site for any purpose that is illegal, unlawful, or prohibited by these Terms. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of this Site in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. Changes to Big South Fork Adventures may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Big South Fork Adventures reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting.
Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. Big SOuth Fork Adventures may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all any and all information downloaded from this Site. Trademarks and Copyrights.
This Site is controlled and operated by Big South Fork Adventures LLC. All content on this Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Big South Fork Adventures LLC or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Big South Fork Adventures, Restrictions Information and content on this Site and generated by this Site are for your individual and approved uses only. Any information, content or electronic documents displayed or made available to you for either viewing or printing are considered facsimile copies of the original only. You may not alter, reproduce, republish, upload, post, transmit, distribute, and/or otherwise exploit the content, generated documents or information in any way (including by e-mail or other electronic means). Information, content or generated documents are intended for your personal use only. As a condition to your use of this Site, you warrant to Big South Fork Adventures that you will not use our Site or the information, content or generated documents for any purpose that is unlawful or prohibited by these Terms. This warrant includes without limitation the posting, inclusion or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. for any reason, including for violation of these Terms.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand. If you violate any of these Terms, your permission to use this Site and all bookings may immediately terminate without the necessity of any notice. Big South Fork Adventures LLC retains the right to deny access to anyone at its discretion. Information Provided by You Any personally identifiable information you may provide to Big South Fork Adventures LLC via this Site is protected by the Privacy Policy associated with this Site. Big South Fork Adventures and its affiliates are free to use any information, ideas, concepts or know-how that your or individuals acting on your behalf provide to Big South Fork Adventures.
You further recognize that Big South Fork Adventures LLC does not want you to, and you warrant that you shall not, provide any information or materials to Big South Fork Adventures that is defamatory, threatening, obscene, harassing, or other otherwise unlawful, or that incorporates the proprietary material of another. Monitoring You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Site or the information contained therein, or any aspect of the Site or the information contained therein, without the prior express consent from an authorized Big South Fork Adventures representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Site). You agree that Big South Fork Adventures may also monitor and review any transmitted or stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing. Links This Site may contain links to other Web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under the control of Big South Fork Adventures, and Big South Fork Adventures is not responsible for, and does not endorse, such content, whether or not Big South Fork Adventures is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your own Web site by Big South Fork Adventures, or its affiliates or Providers.
Disclaimer of Warranties and Liability All content on this Site is provided "as is" and without warranties of any kind either express or implied. Other than those warranties which, under U.S. Laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, Big South Fork Adventures disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Big South Fork Adventures, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this Site warrant that the functions contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.
The content that you access on this Site is provided solely for your convenience and information only. Big South Fork Adventures does not warrant or make any representations regarding the results that may be obtained from the use of this Site, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Site. You expressly agree that use of this Site is at your sole risk. Third Party Rights These Terms are for the benefit of Big South Adventures, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf. Entire Agreement The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Big South Fork Adventures, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Kentucky applicable to agreements made and to be entirely performed within the Commonwealth of Kentucky, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in London, Kentucky. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Laurel County, Kentucky, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.