Terms of Use

ACCEPTANCE OF THE TERMS OF USE

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of ArgyleExperiences.com, including any content, functionality, and services offered on or through ArgyleExperiences.com or any content or interaction on our social media channels (collectively, the “Website”).  These Terms of Use are entered into by and between you and Argyle Strategies, LLC. (“Argyle Experiences,” “we,” or “us”).

Please read the Terms of Use carefully before you start to use the Website.  By using the Website, or clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by both these Terms of Use and our Privacy Policy, found at https://www.ArgyleExperiences.com/privacy/, which is incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older, and is governed by the laws of Washington , United States, as set forth below under the heading “Governing Law and Jurisdiction.”  Users who are under 18 years of age must have the consent of a parent or legal guardian to use this Website.  By using the Website, or clicking to accept or agree to the Terms of Use, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are encouraged and expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy at https://www.ArgyleExperiences.com/privacy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

‍INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality are owned by Argyle Strategies LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

‍These Terms of Use permit you to use the Website for the legitimate business purposes for which the Website is intended for such persons or entities (collectively, the “Permitted Uses”).  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in temporary memory or caches incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for the Permitted Uses and not for further reproduction, publication, or distribution.

  • If we provide social media features enabling you to share, repost, or forward certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or for any purpose other than the Permitted Uses.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Additionally, please be advised that certain suppliers have provided the travel product images located within this Website or in posts to Argyle Experiences social media accounts (“Supplier Images“), and such suppliers have represented to Argyle Experiences that they consent to use, reproduce, and distribute the Supplier Images solely in connection with Argyle Experiences’ goods and services.  EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING SENTENCE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NO OTHER PERSON OR ENTITY IS PERMITTED TO USE, REPRODUCE, OR DISTRIBUTE THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE FOR ANY PURPOSE.  UNAUTHORIZED USE OF THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE MAY SUBJECT YOU TO LEGAL LIABILITY INCLUDING, AMONG OTHER THINGS, CLAIMS, LAWSUITS, DAMAGES, ATTORNEYS’ FEES, AND CIVIL AND CRIMINAL PENALTIES.

TRADEMARKS

The Argyle Experiences name, terms, trademarks and logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Argyle Strategies LLC or its affiliates or licensors.  You must not use such marks without the prior written permission of Argyle Strategies LLC.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use below.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

‍Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

COPYRIGHT INFRINGEMENT

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
A person who is a copyright owner or an agent thereof and believes that any content on this Website infringes upon the owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Argyle Experiences with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Argyle Experiences to locate the material; (4) information reasonably sufficient to permit Argyle Experiences to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) a statement that the person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

‍DIGITAL MILLENNIUM COPYRIGHT ACT COUNTER-NOTICE
If you believe that content you have supplied to the Website that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to Argyle Experiences: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the state of Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.  If a counter-notice is received by the Argyle Experiences, the Company may send a copy of the counter-notice to the original complaining party informing that person that Argyle Experiences may replace the removed content or cease disabling it in ten (10) business days.  Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, within a reasonable time after receipt of the counter-notice, at Argyle Experiences’ sole discretion.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy located at https://www.ArgyleExperiences.com/privacy/.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

‍SUPPLIER RULES AND RESTRICTIONS

Argyle Experiences does not provide, own, or control any of the travel services and products that may be featured on the Website or provided as part of your trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”).  The Travel Products are owned, controlled, or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent.  The Travel Providers are responsible for the Travel Products.  The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms.  Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms.

PURCHASES AND OTHER TERMS AND CONDITIONS

‍YOU ARE RESPONSIBLE FOR PAYMENT IN CONNECTION WITH ALL TRAVEL PRODUCTS AND SERVICES PURCHASED, ARRANGED, AND/OR BOOKED BY YOU UTILIZING ARGYLE EXPERIENCES, ACCORDING TO THE TERMS OF SUCH PURCHASE(S), ARRANGEMENT(S), AND/OR BOOKING(S).

‍FOR INTERNATIONAL TRAVEL, DUE TO CURRENCY EXCHANGE RATE FLUCTUATIONS, THE AMOUNT QUOTED MAY BE DIFFERENT FROM THE AMOUNT CHARGED TO YOUR CREDIT CARD. YOUR STATEMENT MAY ALSO REFLECT CONVERSION FEES FROM YOUR BANK AND/OR CREDIT CARD COMPANY.

ARGYLE EXPERIENCES IS NOT THE SELLER OR PROVIDER OF ANY TRAVEL PRODUCTS OR SERVICES RESERVED OR BOOKED AND ARGYLE EXPERIENCES AND ARGYLE STRATEGIES LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF AVAILABILITY, SATISFACTION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LINKS TO OTHER WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to on this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the state of Washington in the United States.  Access to the Website may be restricted or prohibited in certain jurisdictions.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with the applicable laws in your jurisdiction.

GENERAL PROVISIONS FOR TRAVELERS UTILIZING THE WEBSITE TO BOOK OR ARRANGE TRAVEL

Passports, Visas, and Health Requirements

It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each travel destination.  In some countries, entry may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.

You are urged to review advisories or warnings issued by the U.S. State Department (www.travel.state.gov) and the Centers for Disease Control and Prevention (www.cdc.gov) about risks to travelers.  Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers.  Argyle Experiences strongly recommends that anyone traveling or planning to travel internationally review them.  They can presently be found at:

‍https://travel.state.gov/content/passports/en/alertswarnings.html

and

https://wwwnc.cdc.gov/travel/notices

Argyle Experiences bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your trip/vacation/holiday related to improper documentation or government decisions about entry.

‍Health

Recommended inoculations for travel may change, and you should consult a doctor for current recommendations before departure.  It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Review of Travel Documents

You must completely review all travel, itinerary, and other documents related to a trip upon receipt of them. Any errors, questions, or concerns should be communicated to Argyle Experiences in writing.

Insurance

It is recommended that you take out a comprehensive travel insurance policy to cover yourself and all participants of the trip before, during, and after the trip.  Certain countries have a requirement for foreign visitors to have valid medical insurance on entry.  Argyle Experiences cannot be held responsible for denied entry if you or one of your travel participants is unable to provide details to authorities of insurance or denial of entry for any reason.  Argyle Experiences shall not be responsible for any costs incurred by you or any such participant of a trip before, during or after such trip as a consequence of inappropriate or insufficient travel insurance being purchased by you or such participant(s).

‍DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

‍YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER ARGYLE EXPERIENCES NOR ANY PERSON ASSOCIATED WITH ARGYLE EXPERIENCES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ARGYLE EXPERIENCES NOR ANYONE ASSOCIATED WITH ARGYLE EXPERIENCES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ARGYLE EXPERIENCES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

‍THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ASSUMPTION OF TRAVEL RISK; COVENANT NOT TO SUE

You understand and agree that travel may involve hazardous activities, some in remote areas of the world.  Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other guests, or travel suppliers; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

You understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.  In order to partake of the enjoyment and excitement of any trip, you are willing to accept the risks and uncertainty involved as being an integral part of your adventure.  You hereby accept and assume full responsibility for any and all risks of illness, injury or death and agree to and shall hold harmless and fully release Argyle Experiences from any and all claims associated with a trip, including any claims of third party negligence, and you hereby covenant not to sue Argyle Experiences for any such claims or join any lawsuit or action asserting such claims against Argyle Experiences.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Argyle Experiences, its affiliates, licensors, advisors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of Washington without giving effect to any choice or conflict of law provision or rule (whether of the state of Washington or any other jurisdiction).

‍Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the state of Washington, in each case located in the state of Washington, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Argyle Experiences’ sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying state of Washington law.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

‍WAIVER AND SEVERABILITY

No waiver by Argyle Experiences of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Argyle Experiences to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Argyle Experiences regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 In the event of a conflict between these Terms of Use and the terms of any other written agreements with Argyle Experiences, Argyle Experiences is entitled to determine which terms control, in its reasonable discretion.

‍YOUR COMMENTS AND CONCERNS

This website is operated by Argyle Strategies LLC.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Michael.ColeSchwartz@fora.travel.