Terms of Use

Website Terms and Conditions

Please read these terms of use carefully, as they constitute a binding agreement between you and Eagle-Eye Tours (“Eagle-Eye Tours”, “we” or “us”).

This agreement, together with our Privacy Policy, will govern your use of the website located at www.eagle-eye.com/ (the “website”), which is owned and operated by Eagle-Eye Tours.

This agreement exempts  Eagle-Eye Tours and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the website you acknowledge that you have read, understood, and agreed to be bound by this agreement and the documents referred to within. If you do not agree with each provision of this agreement each time you use the website, you may not use the website.

Each time you use the website, the text of this agreement, as it then reads, will govern your use. Accordingly, when you use the website you should check the date of this agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.

This agreement contains the following provisions:

  1. Your Acceptance of this Agreement
  2. Changes to this Agreement
  3. Permitted Users and Access
  4. Misprints and Errors, Prices and Purchases
  5. No Advice or Solicitation
  6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
  7. Login Names and Passwords
  8. Termination of this Agreement and the website
  9. Information Submissions
  10. Privacy
  11. Ownership and Permitted Use of the website
  12. Intellectual Property
  13. Other Sites
  14. Linking and Framing the website
  15. Postings and Unsolicited Submissions
  16. Governing Law and Dispute Resolution
  17. Other Matters

 

1. Your Acceptance of This Agreement

This is an agreement between you and  Eagle-Eye Tours, and this agreement governs your use of the website and its content and the services and goods provided through the website. Each time you visit, browse, purchase, access or otherwise use this website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this agreement for using this website, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person (such as your employer) you purport to represent. If you do not agree with each provision of this agreement, or you are not authorized to agree to and accept this agreement, or you do not have the legal authority to agree to and accept this agreement, you may not use the website.

2. Changes to This Agreement

You may not change, supplement, or amend this agreement in any manner. However,  Eagle-Eye Tours may, in its sole discretion, change, supplement or amend this agreement as it relates to your future use of the website from time to time, for any reason, with reasonable notice and without liability to you or any other person. If  Eagle-Eye Tours makes material changes to this agreement,  Eagle-Eye Tours will make reasonable efforts to notify you by posting an announcement on the website and/or by sending you an email. Material changes to this agreement will be binding thirty (30) days after such changes have been introduced and for which notification of such material changes has been made.

You should check for revisions to this agreement each time you log into the website or use the website.

3. Permitted Users and Access

The website may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The website may not be used by persons in jurisdictions where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.

4. Misprints and Errors, Prices and Purchases

Eagle-Eye Tours endeavours to provide current and accurate information on the website. Nevertheless, misprints or other errors may occur.  Accordingly,  Eagle-Eye Tours reserves the right, to the extent permitted by law, to change the prices, fees and charges regarding the services available through the website at any time and from time to time and without notice. Also, Eagle-Eye Tours cannot guarantee that the services advertised on the website will be available when purchased or at any relevant time. Accordingly,  Eagle-Eye Tours reserves the right, to the extent permitted by law, at any time to reject, correct, cancel or terminate any order for services made on the basis of any incorrect information or errors that appear on the website. If you order services for which the fee was incorrectly displayed, Eagle-Eye Tours will provide you with an opportunity to cancel your request for services. If you order services that are not available, Eagle-Eye Tours will notify you by email as soon as possible and the purchase price you actually paid will be refunded to you. Eagle-Eye Tours reserves the right to refuse to accept any request for services, notwithstanding any course of dealing between Eagle-Eye Tours and you in the past.

5. No Advice or Solicitation

The content of the website does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or through the website.  

6. Disclaimer, Liability Exclusions, Liability Limitation and Indemnity

 Eagle-Eye Tours strives to make your use of the website a useful experience, and an easy way to purchase services from Eagle-Eye Tours. Nevertheless, Eagle-Eye Tours and its service providers, subsidiaries, affiliates, officers, employees, agents, partners and licensors (the “Providers”) do not accept any liability for your use of the website. For that reason, the following provisions apply to your use of the website:

DISCLAIMER

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ALL OF WHICH EACH OF EAGLE-EYE TOURS AND ITS PROVIDERS HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND  EAGLE-EYE TOURS’S CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR ERROR FREE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.

THROUGH OR BECAUSE OF YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK.  EAGLE-EYE TOURS  IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS,TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,  EAGLE-EYE TOURS AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

  • THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
  • THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
  • PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE;
  • THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
  • THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;

AND EAGLE-EYE TOURS AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

  • THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
  • THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
  • PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE;
  • THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
  • THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;

AND  EAGLE-EYE TOURS AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION

TO THE FULLEST EXTENT PERMITTED BY LAW,  EAGLE-EYE TOURS AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE WE CAUSE WHICH WE COULD NOT REASONABLY ANTICIPATE WHEN YOU STARTED USING THIS WEBSITE, FOR EXAMPLE ANY LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY  EAGLE-EYE TOURS OR ANY OF ITS PROVIDERS OR ANY PERSON FOR WHOM EAGLE-EYE TOURS OR ANY OF ITS PROVIDERS IS RESPONSIBLE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EAGLE-EYE TOURS OR ANY OF ITS PROVIDERS’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EAGLE-EYE TOURS OR ANY PERSON FOR WHOM EAGLE-EYE TOURS IS RESPONSIBLE, EXCEED ONE HUNDRED ($100) DOLLARS.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FOR ANY FRAUDULENT MISREPRESENTATIONS MADE BY US ON THE WEBSITE OR FOR ANY OTHER STATUTORY RIGHTS WHICH ARE NOT CAPABLE OF BEING EXCLUDED

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF EAGLE-EYE TOURS AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEBSITE, THE USE OF THE WEBSITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY EAGLE-EYE TOURS AND THE PROVIDERS FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE WEBSITE.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions and therefore some of the above exclusions may not apply to you.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this agreement survive indefinitely after the termination of this agreement.

7. Login Names and Passwords

Website accounts may be accessed only by use of your email address as a login name (for the purposes of this agreement, a “Login Name”) and password as provided by Eagle-Eye Tours. The use of a password does not restrict access by Eagle-Eye Tours, its service providers, subsidiaries, employees and agents to the password-protected information. Login Names and passwords may not be shared. For security reasons, you must keep your Login Name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Eagle-Eye Tours representative. You must log-out at the end of each session.

You (or your employer, if you use the website on behalf of your employer) are solely responsible and liable for any use and misuse of your Login Name and password and for all activities that occur under your Login Name and password. You must ensure that all uses of your Login Name and password comply with this agreement.

You must immediately notify Eagle-Eye Tours of any unauthorized use of your Login Name or password, or if you know or suspect that your Login Name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

All Login Names and passwords remain the property of Eagle-Eye Tours, and may be cancelled or suspended at any time by Eagle-Eye Tours, in accordance with this agreement, without any notice or liability to you or any other person. Eagle-Eye Tours is not under any obligation to verify the actual identity or authority of the user of any Login Name or password.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.

8. Termination of This Agreement and The website

Eagle-Eye Tours may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part of it or any of its features at any time, for any reason.

To the fullest extent permitted by law, Eagle-Eye Tours reserves the right, at any time and for any reason, with or without cause, with or without notice or liability to you or any other person, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the website and your Login Name and password, if you do not comply with these terms of use or any applicable law .

If this agreement or your permission to use the website is terminated by you or Eagle-Eye Tours for any reason, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and your engagement of the services of Eagle-Eye Tours through the website and anything connected with, relating to or arising from those matters. If this agreement is terminated, it will not affect our right to receive any money which you owe to us under any agreement made between Eagle-Eye Tours and yourself or any person (such as your employer) you purport to represent.

9. Information Submissions

All information you provide through the website, including registration information, such as your name and email address, payment information (credit card numbers and expiration dates), if applicable, and transaction-related information, must be true, accurate, current and complete. You are responsible for providing Eagle-Eye Tours with updated registration information and payment information as soon as such changes occur and no later than 30 days after such changes. For more information on how Eagle-Eye Tours collects, uses and discloses your personal information, please refer to our Privacy Policy.

Eagle-Eye Tours will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Eagle-Eye Tours or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Eagle-Eye Tours may require certain information in order to verify your identity before making any changes to your registration information.

10. Privacy

All information you provide to Eagle-Eye Tours is subject to our Privacy Policy, which governs the collection, use and disclosure of your personal information, and constitutes, with this agreement, a binding agreement between you and Eagle-Eye Tours as regards your use of the website.

11. Ownership and Permitted Use of the website

The website is made available to you for your lawful use only. In particular, except as expressly stated otherwise in this agreement, as a condition of your use of the website, you agree:

  • not to use the website for any purpose that is unlawful under applicable law, or prohibited by this agreement;
  • not to copy, imitate, reproduce, republish, upload, post, transmit, modify, index, catalogue, reverse engineer, decompile, license, sub-license, display, revise, perform, transfer, or distribute in any way, in whole or in part, the website or any of its content (including the software used in the operation of the website), without the express prior written consent of Eagle-Eye Tours.
  • not to use any of the software that is used in the operation of the website except in the course of using the website;
  • not to use the website to distribute viruses or malware or other similar harmful software code;
  • not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party; and
  • not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.

You may access and browse the website using commercially available, SSL-capable Web browser software. You may print or download the pages of the website for your personal use provided that you do not modify any of the website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may modify the business forms, such as contracts, notices and the like that you download from the website, without being in breach of this provision.

12. Intellectual Property

The website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the website are the property of Eagle-Eye Tours, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the website does not transfer to you or any other person any ownership or other rights in the website or its content. You may only use the website in the manner described specifically in this agreement.

Eagle-Eye Tours and the Eagle-Eye Tours logo are registered and unregistered trade-marks and trade names owned by Eagle-Eye Tours. Other product and company names and logos appearing on the website may be registered or unregistered trade-names, trade-marks and service‑marks of their respective owners.

Any use of the trade-names, trade-marks, service-marks and logos (collectively “Marks”) displayed on the website, except as expressly provided in this agreement, is strictly prohibited. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the website.

13. Other Sites

The website may include links to other websites, advertisements or resources and businesses operated by persons other than Eagle-Eye Tours (“Other Sites”). Other Sites are independent from Eagle-Eye Tours, and Eagle-Eye Tours has no responsibility for, liability with respect to, or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. Eagle-Eye Tours does not sponsor or endorse any Other Sites or their content or the services or products available through those other websites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Eagle-Eye Tours arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Eagle-Eye Tours, the provisions of this agreement under the sections headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

14. Linking and Framing the website

Links to the website without the express written permission of Eagle-Eye Tours are strictly prohibited. To request permission to link to the website, please contact Eagle-Eye Tours. Eagle-Eye Tours reserves the right to cancel and revoke any permission it may give to link to the website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the website or any of its content in any form and by any method is strictly prohibited.

15. Postings and Unsolicited Submissions

You may not modify the website or post comments, communications, or any other data of any kind to or on the website with the intention that such postings may be viewed by other users of the website.

Eagle-Eye Tours does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product or service names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (collectively, “Submissions”) to Eagle-Eye Tours or the website. However, if you do send Submissions to Eagle-Eye Tours or the website, you automatically grant (or warrant that the owner of the Submissions grants) to Eagle-Eye Tours and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Eagle-Eye Tours or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Eagle-Eye Tours and its assigns.

16. Governing Law and Dispute Resolution

This agreement, your use of the website, and all related matters are governed solely by the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or conflict of laws which would lead to the application of any other laws. Any dispute between Eagle-Eye Tours and you or any other person arising from, connected with or relating to the website, this agreement or any related matters must be resolved before the Courts of British Columbia sitting in the District of Invermere, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. However, in respect of residents of Quebec, this agreement, your use of the website, and all related matters shall be governed by the laws of the Province of Quebec and the federal laws of Canada and any claim or action brought pursuant to this Agreement will be subject to the exclusive jurisdiction of the courts of Quebec.

17. Other Matters

If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this agreement will inure to the benefit of and be binding upon each of Eagle-Eye Tours and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this agreement or your rights and obligations under this agreement without the express prior written consent of Eagle-Eye Tours, which may be withheld in Eagle-Eye Tours sole discretion. Eagle-Eye Tours may assign this agreement and its rights and obligations under this agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and Eagle-Eye Tours are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the website.

The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

Any rights not expressly granted by this agreement are reserved to Eagle-Eye Tours.

If you have any questions or concerns about these terms of use, please contact us. We will respond to your questions or concerns promptly after we receive them.