d. Prohibited Activities. In connection with use of the Site, Guest and Guide will not assist or enable others to:
ii. use the Site for any commercial or other purposes that are not expressly permitted by these term of use or in a manner that falsely implies CE endorsement, partnership or otherwise misleads others as to an affiliation with CE;
iv. use the Site in connection with the distribution of unsolicited commercial messages;
v. upload any Data that is defamatory, infringing, libelous, abusive, offensive or obscene, or that contains any virus or other computer program that may damage or affect any system;
vi. offer, as a Guide, any Listing that you do not or have permission to make available;
vii. unless CE explicitly permits otherwise, as a Guest, book any Listing if you will not actually be participating in the Listing yourself;
viii. as a Guide, contact another guest or guide for any purpose other than asking a question related to your own Listing;
ix. use the Site to request, make or accept a booking independent of the Site, to circumvent any Service Fees, or for any other reason;
xi. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
xii. dilute, tarnish or otherwise harm the CE brand in any way; or
xiii. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
a. Guide Fees. CE charges a commission fee to each Guide for each trip taken by a Guest (Guide Fee). Guide Fees are a percentage of the executed Listing value (ELV), which ELV is equal to the total amount paid by Guest to Guide for the Listing, less any refunds paid by Guide to Guest. Any refund or cancellation policy is specific to each Listing and, if applicable, will be described in the Listing. Guide Fees are exclusive of taxes.
b. Any applicable Guide Fees will be displayed to a Guide prior to publishing a Listing. CE reserves the right to change the Guide Fees at any time, and will provide adequate notice to Guides of any Guide Fee changes before they become effective. Such Guide Fee changes will not affect any booked Listings made prior to the effective date of the Guide Fee change.
c. Guest Fee. All applicable fees, including the Listing Fee (as defined below), security deposit (if applicable), and any applicable taxes (collectively, “Total Fees”) must be presented to Guest prior to booking a Listing. Guest must pay the Total Fees for any Listing booked.
d. Taxes. Guide and Guest acknowledge and agree that CE is not obligated to determine whether taxes apply to any Guest Fee or otherwise, and is not responsible to collect, report, or remit any taxes arising from any transaction.
e. Anti-Money Laundering Statement. In order to further reduce the risk that the Site could be used for money laundering purposes, there are no cash transactions allowed through the Site. All money is received and remitted electronically.
a. When creating or approving a Listing through the CE Site, Guide must (i) provide complete and accurate information about the Listing (such as listing description, location, and calendar availability), and (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for a Listing). Guide is responsible for keeping its Listing information (including calendar availability) up-to-date at all times. If CE creates the Listing on Guide’s behalf (as agreed to by Guide), Guide must approve the Listing before it will be live on the Site.
b. Guide is solely responsible for setting a price (including any taxes if applicable, or other) for a Listing (Listing Fee). Once a Guest requests a booking of a Listing, Guide may not request that the Guest pays a higher price.
d. When Guide accepts a Listing request by a Guest, Guide is entering into a legally binding agreement with the Guest, and is required to provide the Listing to the Guest as described.
e. Taxes. Guide is solely responsible for determining (i) applicable taxes for Listings, and (ii) applicable tax reporting requirements. Guide is solely responsible for remitting to the relevant authority any taxes included or received by Guide.
a. Upon receipt of a booking confirmation of a Listing, a legally binding agreement is formed between Guest and Guide, CE will collect the Total Fees at the time of the Listing booking request or upon the Guide’s confirmation.
Guide and Guest represent and warrant that:
b. No Data is fraudulent, false, misleading, deceptive, defamatory, libelous, obscene, pornographic, offensive, promotes discrimination, hatred or harm against anyone, is violent or threatening or promoting of violence, or illegal.
A. SITE DISCLAIMER. THE SITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY. CE DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. WHILE CE TAKES REASONABLE PHYSICAL, TECHNICAL, AND ADMINISTRATIVE MEASURES TO SECURE THE SITE, CE DOES NOT GUARANTEE THAT THE SITE CANNOT BE COMPROMISED. THE SITE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED. SOME STATES MAY NOT ALLOW SUCH DISCLAIMERS, EXCLUSION OR LIMITATION, SO THE ABOVE DISCLAIMER, EXCLUSION OR LIMITATION MAY NOT APPLY TO THE USER.
B. GUIDE AND LISTING DISCLAIMER. GUIDES ALONE ARE RESPONSIBLE FOR THE QUALITY, ACCURACY, SUITABILTY, AND LEGALITY OF THEIR LISTINGS, AND CE HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO A LISTING. CE DOES NOT REQUIRE THAT GUIDES ARE INSURED, AND DOES NOT VERIFY THE VALIDITY OF ANY GUIDE’S INSURANCE. CE DOES NOT ENDORSE OR VERIFY ANY GUIDE OR ANY GUIDE’S LISTING. A GUEST’S BOOKING OF A LISTING CREATES A CONTRACT BETWEEN GUEST AND GUIDE, AND CE IS NOT A PARTY TO THAT CONTRACT AND HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THAT CONTRACT. GUEST AGREES THAT LISTINGS MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH LISTING, GUESTS CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY, INCLUDING BUT NOT LIMITED TO WHETHER A GUIDE IS INSURED OR WHETHER THE GUEST SHOULD TAKE OUT INSURANCE, AND WHETHER A TRAVEL DESTINATION IS SAFE. FOR EXAMPLE, SOME LISTINGS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND GUEST FREELY AND WILLFULLY ASSUMES THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE LISTINGS. IF GUEST IS BRINGING A MINOR AS AN ADDITIONAL GUEST, GUEST IS SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF THE LISTING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUEST AGREES TO RELEASE AND HOLD HARMLESS CE FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR OR TO ANY GUEST DURING OR IN ANY WAY RELATED TO THE LISTING.
C. THIRD PARTY SERVICES DISCLAIMER. THE SITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES (THIRD PARTY WEBSITES) WHICH ARE OWNED AND CONTROLLED BY THIRD PARTIES. CE HAS NO RESPONSIBILITY OR LIABILITY FOR SUCH THIRD PARTY WEBSITES OR ANY CONTENT OR SERVICES THEREON.
a. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). CE’s Confidential Information includes, without limitation, the Site, its user interface design and layout, and pricing information.
c. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser; (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed to Discloser; or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.
b. Restrictions. User may not: (i) sell, resell, rent, or lease the Site or use it in a service-provider capacity; (ii) use the Site to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful, or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Site; (iv) attempt to gain unauthorized access to the Site or its related systems or networks; (v) reverse engineer the Site; (vi) access the Site to build a competitive Site or product, or copy any feature, function, or graphic for competitive purposes; (vii) use, display, mirror or frame the Site, or any individual element within Site; or (viii) use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose.
b. If CE takes any of the measures described above (i) Guide must refund Guests in full for any and all confirmed Listings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) Guide will not be entitled to any compensation for pending or confirmed Listings that were cancelled.
d. Guide Termination. If Guide cancels its account in the Site, any confirmed Listings will be automatically cancelled, Guide’s Guests will receive a full refund from Guide.
e. Guest Termination. If Guest cancels its account in the Site, any confirmed Listings will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
b. Arbitration for Claims Less than $10,000. Notwithstanding the foregoing, for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief must to resolve the dispute in a more cost effective manner through binding non-appearance-based arbitration. In this case, the party initiating arbitration must initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration will be conducted by telephone, online and be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (ii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator is final and may be entered in any court of competent jurisdiction.
d. Feedback. If User provides feedback or suggestions about the Site, then CE (and those it allows to use its technology) may use such information without obligation to User.
Last Revised April 23, 2019