Terms of Service

Driftour Terms of Service:

Updated: October 2017

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.driftour.com website and the Driftour mobile application (together, or individually, the “Service”) operated by Driftour, LLC. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Acceptance of Terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our members and others which may interact or interface with Driftour, located in, Tallahassee, Florida, in association with the use of the Driftour.com, and its Services which shall be defined below.

Description of Services

Driftour is a tech-based platform for marketing local businesses to host their workshops/events called “Immersions”. Immersions allow members to explore more in depth the businesses, sights, and stories of Tallahassee.

Driftour also offers Self-Guided Tours (SGT) that identify, plan and design routes around local themes in a mobile friendly platform. We integrate GPS assistance in our SGT through the use of Google Maps. Our SGT also includes participating restaurants.

Any and all Members to use our services shall be deemed “Members” of the herein contained Services provided for the purpose of this TOS.

Driftour serves as a third party facilitator between Hosts and Members and does not directly conduct tours itself.

The Member acknowledges and agrees to the services provided through our tech-based platform.

Booking and Reservations

Members may book and schedule Immersions through the online website services. SGTs may also be scheduled on the website.

Payment

Driftour is a subscription service only. No individual tickets will be sold for Immersions. A monthly membership fee will be charged. Premium memberships will have the opportunity to be rewarded with access to increased Immersion content and other benefits as we see fit.

User Conduct

To help our Members have good Immersions, Hosts and Members agree to the following terms of conduct, in addition to those contained in the TOS (http://www.Driftour.com)

  • Members and Hosts will not bring additional guests to an Immersion unless such a Member booked an Immersion through (or was added as an additional Member for a spot booked through) the Services.
  • Hosts and Members will always provide accurate information to one another, as well as any other users of the Services.
  • Hosts will fully educate and inform Members about anything they may need to know to safely participate in their Immersion (including fitness requirements, dress codes, equipment they may need, water bottles, physical challenges, etc.).
  • Members will fully inform Hosts of any allergies, medical or physical conditions, or other circumstances that may impact their ability to safely participate in an Immersion.
  • Hosts and Members will comply with all applicable local, state, provincial, national, or other laws or regulations, or any order of a court.
  • Hosts and Members will not violate or infringe anyone else’s rights or otherwise cause harm to anyone.
  • Hosts and Members will not breach any agreement you may have with any third party.

If, in our sole discretion, we think that (a) you’re using the Services in a way that is inappropriate, offensive, fraudulent, or unsafe; (b) you have provided inaccurate,

fraudulent, outdated or incomplete information during the identity verification, Booking or Listing process or thereafter; (c) you have violated applicable laws, regulations, or third party rights; or (d) you have violated these Immersions or TOS, the TOS (http://www.Driftour.com) we may suspend your use of the Services or Driftour as described in the Suspension, Termination and Cancellation process below.

Limitations of Liabilities

If you conduct an Immersion through Driftour and/or Host an Immersion, you understand and agree that your relationship with Driftour is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, commercial joint-venturer, or partner of Driftour for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Driftour. Driftour shall not control, and has no right to control, Immersions, or any details in connection with any Immersion.

Driftour merely provides the Services and is not itself an operator or provider of tours, activities, or Immersion. Driftour does not own, sell, resell, furnish, provide, manage or/control any such Immersions. Driftour’s responsibilities are limited to making the Immersions available through its Site and Application.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Driftour EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SAFETY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TAX-EXEMPT STATUS OR TAX DEDUCTIBILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE IMMERSION, LAWS, RULES OR REGULATIONS THAT MAY BE APPLICABLE TO THE IMMERSION YOU ARE OFFERING AND/OR RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY DRIFTOUR RELATING TO YOUR IMMERSION YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS THROUGH, AND INTERACTIONS ARRANGED THROUGH, THE SERVICES. YOU

UNDERSTAND THAT DRIFTOUR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES AND HAS NO OBLIGATION TO REVIEW ANY HOSTS, GUESTS, OR THIRD PARTIES WITH WHOM YOU MAY INTERACT DURING AN IMMERSIONN. DRIFTOUR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR OF QUALITY AND SAFETY OF IMMERSIONS. NOTWITHSTANDING DRIFTOUR PAYMENTS’ APPOINTMENT AS THE COLLECTION AGENT OF THE THIRD PARTY HOST FOR THE LIMITED PURPOSE OF COLLECTING PAYMENTS FROM GUESTS ON BEHALF OF HOSTS, DRIFTOUR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST, HOST, OR RELATED TO ANY IMMERSION.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR PARTICIPATION IN AN IMMERSION, AND ANY CONTACT YOU HAVE WITH HOSTS OR THIRD PARTIES THAT ARISE FROM YOUR USE OF THE SERVICES WHETHER IN PERSON OR ONLINE.

YOU UNDERSTAND AND AGREE THAT SOME IMMERSIONS MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN THOSE IMMERSIONS, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME IMMERSIONS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE IMMERSIONS. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MADE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN IMMERSIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU RELEASE DRIFTOUR FROM ANY AND ALL LIABILITY, DAMAGES, OR LOSS, WHETHER ECONOMIC OR NON-ECONOMIC, OF ANY TYPE OR CHARACTER. YOU ACKNOWLEDGE THAT DRIFTOUR IS NOT RESPONSIBLE FOR THE IMMERSIONS PROVIDED BY HOSTS, AND THAT IT HAS NO RIGHT TO AND DOES NOT CONTROL, DIRECT, OR SUPERVISE HOSTS, GUESTS OR THIRD PARTIES WHO MAY BE IN ATTENDANCE IN THE IMMERSION. DRIFTOUR DOES NOT CREATE OR DELIVER IMMERSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF OR IN CONNECTION WITH IMMERSIONS, LISTINGS OR YOUR PARTICIPATION IN ANY IMMERSION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

IF YOU ARE BRINGING A MINOR AS AN ADDITIONAL GUEST, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR IMMERSION AND TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU AGREE TO RELEASE AND HOLD HARMLESS DRIFTOUR FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE IMMERSION OR IN ANY WAY RELATED TO YOUR IMMERSION.

Term and Termination, Suspension and Other Measures

The Term and Termination, Suspension and Other Measures terms outlined in the TOS apply, except to the extent expressly amended as follows:

“Without limiting our rights specified in these Terms, Driftour may do any of the following for convenience (for any reason or no reason at all) at any time by giving you 30 days’ notice via email to your registered email address:

  • Cancel your membership
  • Terminate these Terms
  • Not surface, pause or deactivate your Immersion
  • Cancel your bookings

“In addition, Driftour may refuse to surface, pause, deactivate or delay Immersions, SGTs, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Driftour Membership and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Driftour Membership, or temporarily or permanently suspend your Driftour Membership if:

  1. you have breached these Terms or our Policies, including material and non-material breaches, or
  2. you receive poor ratings from Hosts or Guests, or
  3. your Immersion does not meet, or at any time fails to meet, the eligibility criteria,
  4. there is insufficient demand for your Immersion, or
  5. Driftour believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Driftour or third parties, for fraud prevention, risk assessment, security or investigation purposes.

By using the Service you agree to the following terms and conditions as articulated in this document.