OVERVIEW

This website and business is operated by The Aurora Guy LLC. Throughout the site, the terms “we”, “us” and “our” refer to The Aurora Guy LLC. The Aurora Guy LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, booking a tour, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (INFORMATION SPECIFIC TO TOURS IS BELOW UNDER THE SECTION "TOURS")

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall theauroraguy.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless theauroraguy.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States and the state of Alaska.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

TOURS:

SECTION 1 - OPTIONAL ACTIVITIES

During any of our tours, there may be opportunities to participate in activities or local events, which are not included in our packaged tour. We make no representations about the safety or quality of these activities and events, or the standard of the independent operator running it. Activity examples may include, but are not limited to: hiking, sea kayaking, biking, whitewater rafting, vehicle/vessel/aircraft tours, overnight excursions, fishing excursions, climbing activities, and zip-line activities. Events may include, but are not limited to: local festivals, concerts, and organized events. It is therefore understood and accepted by the Client that any assistance given by our tour leader or staff to help arrange these optional activities is done in good faith. our does not sponsor or endorse these activities or events, nor can our be held liable for any injury or illness resulting from your participation. If you decide to participate in these events, you do so voluntarily and should take precautions to ensure your own safety.

At no point, and under no circumstances, is our responsible for payments or costs relating to external services such as flights, accommodations, car service, or any other part of travel that was booked and paid for externally to our (i.e. with a travel agent). our is not obligated to alter any tour itinerary or suspend a tour’s commencement for any reason which prevents you from joining a tour as planned.

SECTION 2 - DISCOUNTS AND PROMOTIONS

All discounts and reduced pricing are applied at our discretion. From time-to-time, we may offer reduced pricing on selected tours. The reduced pricing applies strictly to new bookings only. Bookings for which the Client has already paid a deposit are locked into their original price and are not entitled to the reduced pricing.

SECTION 3 - PASSPORTS AND VISAS

Valid passports are required for domestic and international travelers to access many destinations. Please check with the appropriate consulate or embassy for the latest visa requirements relating to your country of origin. You assume complete and full responsibility for, and hereby release our from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations.

SECTION 4 - TOUR AND ITINERARY CHANGES

Advertised prices are based on current rates of exchange, tariffs and taxes. our reserves the right to adjust our tour prices without notice to cover increased costs and taxes. Although uncommon, we also reserve the right to implement fuel and other surcharges to address unexpected or unplanned fluctuations in global exchange markets. We reserve the right to withdraw any tour or part therein and to alter the itinerary or tour inclusions as it deems necessary or desirable. Any financial expenditures or losses to our caused by events that are either unforeseen or uncontrollable that result in tour cancellation, delays, itinerary changes, or other adjustments, can be passed on to you. For this reason, it is advised that every one of our travelers carry adequate traveler’s insurance to cover personal emergencies, personal property, and trip cancellations. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued.

We reserve the right to make alterations to our tours, itineraries, inclusions, and activities at any time. We may also replace the hotels or vehicles used without notice so long as these adjustments do not jeopardize the safety of its clients.

SECTION 5 - PROMOTIONAL PHOTOGRAPHY

We reserve the right to take photographs during any tour program or part thereof and to use them for promotional purposes. By booking a reservation with our, you agree to allow your images to be used in such photographs. Anyone who prefers that their images not be used publicly must identify themselves to their tour leader at the beginning of your tour.

SECTION 6 - COMPLAINTS, CLAIMS, and REFUNDS

Refunds are not issued for any included activity or tour location that is missed due to circumstances out of our control. Anyone looking to make a claim, submit a complaint, or request compensation for any reason must do so in writing or email within 15 days after the tour’s completion. Any and all supporting documentation to the claim or complaint must accompany the initial written letter or email. Any claim or complaint received by our after the 15-day deadline will not be accepted or reviewed.

SECTION 7 - LIMITS OF RESPONSIBILITY

We are not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your tour due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your tour, you will not be reimbursed or refunded any amounts as per the cancelation terms listed in this document.

SECTION 8 - TRAVEL ADVISORIES AND WARNINGS

While we continuously monitor the areas we visit, it is your responsibility to become informed about the areas where you are about to travel including any travel advisories and warnings issued by the U. S. State Department. Visit their travel website at www.travel.state.gov or contact them by phone at 1-888-407-4747. You are responsible for protecting your own well-being and personal property before, during, and after your tour.

SECTION 9 - PERSONAL RESPONSIBILITY

You are responsible for purchasing the style of tour that fits your desired comfort level and participating in activities that are suitable for your fitness level and capabilities. By making a booking, you acknowledge that our tours are adventurous by nature and may involve a significant amount of personal risk. You also acknowledge that neither you nor anyone traveling with you has any physical, mental, or other conditions or disabilities that would create a hazard to yourself or your group members. We reserve the right to decline anyone from joining a trip with justifiable cause. We also reserve the right to remove you from a trip if you are creating a hazard to yourself or others, impacting the enjoyment of others, or participating in any illegal activity. Any costs resulting from being removed from a tour or being declined participation in a tour is at your expense.

SECTION 10 - SEAT BELT POLICY

In the United States, state laws require that all passengers within our vehicles wear their seatbelts at all times while the vehicle is in motion. Our leaders have been instructed to follow our policy, which does not allow any vehicle to move unless every passenger is buckled up. This requirement is not only for your safety but also for the safety of everyone else in the vehicle. It is your responsibility to wear your seatbelt properly and at all times while the vehicle is in motion.

SECTION 11 - APPLICABLE LAW

These Terms and Conditions are governed by Alaska law to the fullest extent allowable. Any disputes in connection with our tour or these Terms and Conditions will be initiated in the Courts of Alaska, which shall have exclusive jurisdiction and venue in the Municipality of Fairbanks. If a court or any other appropriate authority finds any portion of this document to be invalid, the remainder will remain in full force and effect.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at vincent@theauroraguy.com. 
Our contact information is posted below:

The Aurora Guy LLC 
vincent@theauroraguy.com
1042 Dennis Rd, North Pole, AK 99705, USA 
+1 651-578-1658