TERMS OF SERVICE
(Updated March 23, 2020)
The following Terms of Service are entered into by and between you (the “client”) and Satori Adventures and Expeditions LLC (“Satori,” the “Company,” “we,” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of satoriexpeditions.com or satoriadventuresandexpeditions.com, including any content, functionality or services offered on or through satoriexpeditions.com or satoriadventuresandexpeditions.com (collectively, the “Website”), whether as a guest or a client.
This Website is offered and available to users who are 17 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
SERVICE, PAYMENT, CANCELLATION AND RELATED MATTERS
1. BOOKINGS AND PAYMENTS
To complete a booking you must send us a completed Application Form (which constitutes acceptance by you of these Terms of Service) with a deposit of $500 or 25% of the trip cost plus 15% of the peak climbing/expedition cost, whichever is greater. You may need to submit a copy of your passport to us and may be asked to provide two passport size photographs, depending on the trip destination. The remaining payment will be due at least 90 days prior to your departure date for the trip, depending on the excursion. All deposits are NON REFUNDABLE.
The client agrees to inform Satori at the time the Application Form is submitted about any pending or actual sponsorship, employment, contract or agency relationship related to the client’s participation in the client’s trip.
2. CANCELLATION POLICY
A Notice of cancellation shall be sent by the client in writing and refunds will be made as follows:
- Cancellation before 120 days of the client’s trip start date incur a 25% cancellation fee plus any additional costs paid for by Satori on the client’s behalf.
- Cancellation between 120 and 90 days of the trip start date incur a 50% cancellation fee plus any costs paid for by Satori on the client’s behalf.
- Cancellation within 90 days of the client’s trip start date for the trip are NON REFUNDABLE.
The client is responsible for making payments according to the cancelation policy above and may not receive notice of payment due dates from Satori. Late payments will result in cancellation of program reservations and forfeiture of all deposits and fees paid. Satori reserves the right to cancel a trip for any reason prior to the client’s trip start date and will refund any deposits and fees paid by the client. Fees already paid by Satori to trip affiliates and service providers on the client’s behalf may not be fully refundable.
If Satori cancels a trip and refunds the client’s deposits and fees paid to it, Satori shall be released from any further liability to client, including but not limited to liability for additional costs the client may have incurred such as non-refundable airline tickets, visa fees, equipment purchases, travel insurance, medical supplies or medical expenses.
Satori will not take any responsibility regarding changes and alterations in the trip itinerary due to unavoidable circumstances such as landslides, road blockages, floods, snow, political-unrest, cancellation of flights, delay arrival, sickness, natural disasters, acts of terrorism or accidents. Any extra cost incurred thereof shall be borne by the client. All clients are advised to obtain appropriate travel insurance to adequately cover against medical and personal accident risk.
Satori hereby gives notice that it only acts as an agent for transportation companies, hotels, operators and any other suppliers of travel services for the client’s trip, and that no responsibility or liability is assumed by Satori in connection with any travel service, including but not limited to airlines or other transportation operators of any kind or hotels, and Satori will not be responsible for any act, error, omission, injury, loss, accident, delay, inconvenience or danger by a supplier of travel services related to the client’s trip.
4. ASSUMPTION OF RISK
The client understands that during the course of any trip, certain risks and dangers may occur, including, but not limited to, the hazards of traveling in mountainous terrain, accident or illness in remote places without medical facilities, and forces of nature. The client agrees to assume all risks associated with the journey, and agrees that no liability will be attached to the company or its outfitters, employees or agents, or to any member of the trip group in respect to death, personal injury, illness or delay of traveler/trekker, or for any loss or damage to the property of the traveler/trekker during the course of the trip, however caused.
5. TRAVEL INSURANCE
It is a highly advisable that the client obtain appropriate travel and medical insurance that covers trip cancellation, accidents, health, emergency evacuation, and loss of items, theft of or damage to baggage and personal effects. Some countries require travel insurance to be added to a climbing permit.
All costs for emergency evacuation must be paid in cash in some countries unless an insurance company has agreed to pay the costs on your behalf. It is important that any insurance policy issued to cover emergency evacuation for trips does not exclude mountaineering. The client is solely responsible for selecting the appropriate travel insurance to cover the risks associated with the client’s trip.
A legal guardian must accompany all travelers under the age of seventeen. If you have a question regarding age and suitability, please contact us for more information and we will assist to our utmost ability. Ultimately, it is the legal guardian that is responsible to assess suitability of any trip for their child.
7. PUBLICITY AND SPECIAL EQUIPMENT
Clients authorize and release to Satori the use of their image in any photograph or video recording taken during the course of any trip for any legal purpose of Satori. If the client plans to use any personal satellite communications equipment, or other equipment during the trip that is not regularly used during the course of a similar trip, the client agrees to inform Satori in advance of those plans, and will agree to obtain all necessary and required permits for their equipment.
The client will inform the guide, trip leader or Satori directly about any concerns or complaints about the trip at the earliest opportunity to allow them to correct the situation. The client agrees not to participate in the publishing of any expedition related news, webcasts or other media content during the course of the expedition without Satori’s prior written consent.
9. SUPPLEMENT CHARGE
Prices are based on double occupancy. If you prefer private accommodations, a single supplement option is available for some trips.
10. AMENDMENT OF TRIP COST
Satori reserves the right to change any of its pricing on its website or in marketing materials at any time and without notice.
11. UNFORESEEN CIRCUMSTANCES
Satori reserves the right to cancel or change the itinerary for the client’s trip if, in Satori’s sole discretion, Satori finds it necessary for the safe and proper execution of the trip. The client acknowledges that trip plans are subject to change based on any number of factors, including but not limited to, foreign government declarations or actions, unfavorable climate, natural disasters, war, conflict, currency fluctuations, or changes in costs. Satori reserves the right to change the client’s trip to accommodate any of these changing circumstances, where possible, including but not limited to increase trip costs or change guides, without notice and without refund.
If Satori must cancel the client’s trip as noted above, we will do our utmost to refer you to an alternative trip of a similar standard and, to the extent no such alternate is suitable to client, all money paid by the client to Satori will be refunded, minus costs incurred by Satori on the client’s behalf. Any and all other costs incurred by the client are entirely the client’s responsibility.
The client agrees that the cost of any search and rescue undertaken on their behalf will be their sole financial responsibility, including costs incurred by Satori, other expeditions, relevant governments or other entities. Furthermore, the client understands that certain events may occur in the course of any trip that may necessitate certain additional costs, including but not limited to search and rescue, evacuation, medical treatment, body recovery and/or repatriation, and other related matters. The client agrees that those additional costs are the responsibility of the client or the client’s successors, and not Satori’s responsibilities.
12. CLIENT IS RESPONSIBLE
Satori requires all clients to provide us true, complete and accurate information on the Application Form and all other personal or medical information provided by the client to us, whether in writing or otherwise. The client is expected to be physically and mentally prepared for their trip. We reserve the right to cancel a client’s trip at any time based on any new factors that Satori discovers and for which the client has not made us aware.
We or any of our guides, or any of our affiliates or their employees, agents or guides representing Satori, will have full authority during your trip, and may send the client to a lower altitude at any time if it is deemed, in the sole discretion of Satori or any of its representatives, in the best interest of the client or any other person.
If you commit any unlawful act, you may be compelled to leave the trip immediately and no refund will be made in such a case and all costs associated with leaving the trip will be borne by the client. For purposes of these Terms of Service, an unlawful act is defined as anything that would be deemed illegal in the United States of America.
The client understands that NO GUARANTEES have been made with respect to the trip or any of its objectives.
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 users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
NO UNLAWFUL OR PROHIBITED USE & INTELLECTUAL PROPERTY RESTRICTIONS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Service.
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Service.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as health or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
USE OF PROGRAMS
The Company from time-to-time provides various courses, masterclasses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
USE OF FREE CONTENT
The Company provides various resources on this Website, which users may access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Free Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.
By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Service is controlled, operated and administered by the Company from our offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You may contact us if you have any questions about these Terms of Service at the information below:
Satori Adventures and Expeditions LLC
PO Box 244
Chadwick, MO 65629