Legal
Last updated: April 10, 2021
These Terms of Sale apply to purchases made on westernjeeptours.com (the "Site"). Please read these Terms of Sale carefully before making a purchase. By purchasing a product, service, subscription, or other item (collectively, "Item") from our Site, you accept and agree to be bound by these Terms of Sale and our Terms of Use, which are incorporated herein by reference.
By placing an order through our Site, you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; (c) you are accessing the Site from a location where it is legal to do so; (d) you will comply with all applicable local laws regarding online conduct and acceptable content; and (e) you are authorized to use the credit card or other payment method you provide.
After placing an order, you will receive an email acknowledging receipt of your order. This email is not an order confirmation or acceptance of your order. Your order is accepted and a contract is formed between you and Western Jeep Tours only when we send you an email confirming the order (the "Confirmation Email"). The contract will relate only to the Items confirmed in the Confirmation Email. We will not be obligated to supply any other Items which may have been part of your order until we confirm those Items in a separate Confirmation Email.
While we try to ensure that all prices on our Site are accurate, errors may occur. If we discover an error in the price of an Item you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled. If you cancel and you have already paid for the Item, you will receive a full refund.
Prices are subject to change without notice, but changes will not affect orders already confirmed in a Confirmation Email. All prices are listed in US dollars and are exclusive of applicable taxes unless otherwise stated.
In addition to these Terms of Sale, certain Items offered on our Site may be subject to additional terms and conditions, which will be presented to you prior to your purchase of such Item. By purchasing any Item subject to additional terms and conditions, you agree to be bound by the additional terms and conditions applicable to that Item, which are incorporated into and form part of these Terms of Sale.
When you place an order for an Item on our Site, you are making an offer to purchase the Item on the terms set out on the Site and in these Terms of Sale. We will not be bound by your offer unless and until we send you a Confirmation Email accepting your order.
You agree to pay for each Item you order. We will charge your credit card or other payment method when your order is confirmed. We may require additional verification or information before accepting any order. By providing a credit card or other payment method, you represent and warrant that you are authorized to use that payment method and that the information you provide is accurate.
If any Item you purchase is offered on a subscription or recurring basis, you agree that we may automatically renew your subscription and charge the applicable fees to your payment method on file until you cancel. You may cancel at any time by contacting us. Refunds for subscription fees already charged will be subject to our applicable cancellation and refund policy.
For any physical Items, risk of loss and title for such Items pass to you upon our delivery to the carrier. We are not responsible for delays caused by carriers, customs, or other third parties.
Your purchase and use of Items is also governed by our Privacy Policy, which is incorporated into these Terms of Sale by reference.
You are responsible for any applicable sales, use, or similar taxes associated with your purchase. We reserve the right to collect taxes where required by law.
All sales are subject to our Cancellation Policy. Please review the Cancellation Policy before placing your order. By placing an order, you acknowledge and agree to the terms of the Cancellation Policy.
Refunds, if applicable, will be issued to the original payment method used at the time of purchase. Processing time for refunds may vary depending on your financial institution.
Tours are subject to weather conditions, trail conditions, and other factors outside our control. Western Jeep Tours reserves the right to modify or cancel a tour for safety reasons. In the event of an operator-initiated cancellation, guests will receive a full refund or the option to reschedule.
All participants are required to sign a Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement prior to participating. Participants who refuse to sign will not be permitted to join the tour and will not be entitled to a refund.
Western Jeep Tours reserves the right to remove any participant from a tour at any time for safety reasons, disruptive or abusive behavior, non-compliance with guide instructions, or violation of these terms, without refund.
For any Items delivered electronically (including but not limited to booking confirmations, digital receipts, and waivers), you consent to receiving such Items electronically. You agree that electronic delivery satisfies any legal requirement that such communications be in writing.
ITEMS AND SERVICES PROVIDED THROUGH OUR SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WESTERN JEEP TOURS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL WESTERN JEEP TOURS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF ANY ITEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR PURCHASE SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE APPLICABLE ITEM.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Western Jeep Tours and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your purchase, your use of any Item, your violation of these Terms of Sale, or your violation of any rights of a third party.
Any dispute, controversy, or claim arising out of or relating to these Terms of Sale or any purchase made through our Site shall first be addressed through good-faith negotiation. If the parties are unable to resolve the dispute through negotiation, the dispute shall be resolved by binding arbitration in Utah in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
These Terms of Sale are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute not subject to arbitration under Section 10.
We reserve the right to modify these Terms of Sale at any time. Changes will be effective immediately upon posting to our Site. Your continued use of our Site or purchase of Items after any changes constitutes your acceptance of the revised Terms of Sale. We encourage you to review these terms periodically.
If any provision of these Terms of Sale is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms of Sale will not be considered a waiver of those rights. Any waiver of any provision of these Terms of Sale will be effective only if in writing and signed by an authorized representative of Western Jeep Tours.
Our Order confirmation, these Terms, the license terms relating to any Item you purchase, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us with respect to the matters contained in these Terms.
If you have any questions about these Terms of Sale, please contact us:
Western Jeep Tours
Phone / Text: (801) 822-1393 — Mon–Sun, 7am–8pm MT
Email: parkcityjeeps@gmail.com
Website: westernjeeptours.com
