Welcome to Yentna.com! The Yentna.com website is operated by Yentna, LLC (“Yentna,” “us,” “we,” or “our”). Yentna provides an online platform, a collection of online resources and information, and various other email or messaging services, online tools, and features that enable Guides to create listings for hunting or fishing Trips, for Guests to find out about those Trips, and for Guides and Guests to connect and conclude transactions for Trips.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such company or other legal entity to these Terms, in which case the terms "you," "your," or "User" will refer to that company or other legal entity.
PLEASE READ THESE TERMS CAREFULLY! THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Yentna.
These Terms govern your use of the Site even if you arrived here after having been re-directed or otherwise clicking on another website. So – if you do not agree to these Terms (and any other terms and conditions posted or linked to any Site), please do not visit the Site, complete a booking for a Trip, purchase any products or services offered through the Site, or otherwise access or use the Site.
From time to time, Yentna may supplement these Terms with additional or different terms which pertain to specific aspects of the Site, Services or Combined Content ("Additional Terms"). These Additional Terms may be posted for those areas or may require you to agree with and accept them. You understand and agree that the Additional Terms are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the Additional Terms posted for a specific area of the Site, Services, or Combined Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Combined Content.
You are not authorized to use the Site unless you are at least 18 years of age and able to enter into legally binding contracts. The Site and Services are intended only for persons who are 18 or older, and Yentna does not knowingly collect the information of anyone who is under the age of 18. Yentna may modify these Terms from time to time. When we do so, we will provide notice that these Terms have been changed (for example, by revising the date at the top of these Terms). By using the Site or the Services after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. Accordingly, you should frequently review these Terms and applicable policies and guidelines to understand the terms and conditions that apply to your use of the Site and Services. If you do not agree to these Terms, you should not use the Site or the Services and, if you have registered for a Yentna Account, you should arrange to cancel it.
Please Contact Us with any questions regarding these Terms.
We use capitalized words throughout these Terms. We have defined many of them below and others will be defined elsewhere throughout these Terms. “Guest” means an individual or group who requests a reservation or booking for (or who reserves or books) a Trip from a Guide via the Site or Services. “Guide” means the individual, company, outfitter, or other provider who lists the Trip on the Site and/or delivers or manages the Trip listed on the Site. "Listing" means a Trip that is listed by a Guide as available for booking via the Site and Services.
"Services" means the reservation by Guests of a Trip through the Site as well as the purchase of or access to other features, products, and services made available through the Site.
“Trip” means a fishing or hunting outing, excursion or trip that is listed by a Guide on the Site.
“User” means an individual who completes Yentna’ account registration process, including but not limited to Guests and Guides.
“We”, “us,” or “our” refers to Yentna.
“You”or “your”refers to anyone visiting the Site, Listing a Trip, or requesting or booking a Trip on or through the Site. As described above, if you are entering into these Terms on behalf of a company or other legal entity, it includes that company or other legal entity.
Yentna does not itself offer, manage or provide Trips. Rather, Yentna provides an online platform through which Guides and Guests connect and book Trips directly with each other. Yentna is not a party to any agreement or transaction between Users of the Site. This is true even if the Site allows you to book a Trip online, enables Users to communicate with each other, or provides other ancillary products or services. Yentna has no involvement in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User.
YENTNA CANNOT AND DOES NOT CONTROL THE TRUTH, ACCURACY, QUALITY OR CONTENT OF A LISTING (INCLUDING DETAILS REGARDING THE KNOWLEDGE OR EXPERTISE OF A GUIDE), ANY REVIEW RELATING TO A LISTING, OR THE SAFETY, QUALITY, SUITABILITY, LEGALITY OR ANY OTHER CONDITION OF ANY TRIPS. YENTNA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACTIVITIES IN CONNECTION WITH THIS SITE, INCLUDING ANY AND ALL LISTINGS AND TRIPS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE USER'S OWN RISK.
You are solely responsible for your interactions with other Users and any transaction into which you enter is binding solely between the affected Guide and Guest. So please use good judgment and keep safety in mind as you use the Site, list or book a Trip, and otherwise provide or purchase Services.
You may view Listings as an unregistered visitor to the Site. But if you’d like to access certain features of the Site, create a Listing, communicate with a Guide, or book a Trip, you will need to create a Yentna Account (“Yentna Account”) and become a registered User (see below).You may become a registered User using either your email address or your login credentials from a third-party social media site. By registering for an account, you further agree (a) that you are eligible for a Yentna Account as set out in these Terms, (b) that the information you provide is accurate, truthful, complete, and current; (c) to promptly update your Yentna Account information with any changes; (d) to maintain the security of your Yentna Account by protecting your password and restricting access to your Account; (e) to promptly notify Yentna if you discover or otherwise suspect any security breaches related to your Yentna Account or the Services; and (f) to take responsibility for all activities that occur under your Yentna Account and accept all risks of any authorized or unauthorized access.
We discourage you from sharing or otherwise giving anyone access to your Yentna Account and password. However, if you do (or if you fail to adequately safeguard that information), you are responsible for any and all transactions that the person performs while using your Yentna Account, even if those transactions are fraudulent, or were not what you intended or wanted performed. You agree that Yentna is allowed to contact you on your email address or phone number with personal communications related to your Yentna Account, including but not limited to requests for booking, booking confirmation, notices and updates. You will be able to opt out of any future marketing or promotional communications by following the process made available by Yentna.
"Content"refers to text, graphics, images, music, software (excluding the Site), audio, video, information or other materials.
“Combined Content”refers, collectively, to Yentna Content and Your Content.
“Our Content” means all Content that Yentna makes available through the Site or Services. This includes any Content licensed from a third party but does not include Your Content.
“Your Content” means all Content that you or another User posts, uploads, publishes, submits, transmits, or includes in a Listing or User profile to be made available through the Site or Services. Your Content may be posted by you or another User directly or by a third party on your or another User’s behalf. “Interactive Area” means a community, forum or blog on the Site.
Your Content. The Site and Services include Interactive Areas where we, in our sole discretion, may permit you to submit post, upload, publish, or transmit Your Content.
All Listings on the Site for a Trip are the sole responsibility of the Guide and we specifically disclaim any and all liability arising from the alleged accuracy of the Listings, reviews of a Trip, or any alleged breaches of contract on a User's part. Guides are solely responsible for keeping information about their Trips accurate, complete,and current. Yentna does not represent or warrant that any of the descriptions, Content, reviews, guest book entries, suitability, pricing or availability information published on the Site is accurate or up-to-date. This is the case even if we provide or facilitate services to Guides to create or improve the quality of a Listing.
We are not obligated to pre-screen Combined Content posted on the Site although we have the right to do so. Whether we do so or not, please keep in mind that you are solely responsible for Your Content. You acknowledge and you agree to ensure that, at a minimum, Your Content must:
If we determine, in our sole discretion, that Your Content fails to meet the above requirements or any other guidelines posted on the Site or that it otherwise violates these Terms, we may decline to permit the posting on the Site of that Your Content or, if it has been posted, we may remove it from the Site.
You also acknowledge and agree that your use of any Interactive Areas is at your own risk. License and Rights Granted to Us. By submitting or otherwise making available any of Your Content on or through the Site or Services, you hereby grant to Yentna a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense(through multiple tiers), to use, copy, reproduce, adapt, modify, edit, distribute, license, sell, transfer, display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content on, through, or by means of, or to promote or market, the Site or Services. Yentna does not claim any ownership rights in any of Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any of Your Content. Suggestions. Notwithstanding the above, if you provide Yentna with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information ("Feedback"), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of Yentna, (b) Yentna shall be able to use and share such Feedback (i) without your consent provided Yentna does not use your first and last name, and (ii) including your first and last name, if you give prior consent, (d) Yentna owes you no obligation or compensation whatsoever regarding the Feedback, and (e) Yentna may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Yentna.
Intellectual Property and Copyright.
Unless otherwise indicated, the Site, the Services, and the Combined Content made available on or through the Site or Services are the proprietary property of Yentna (or our third party licensors or Users),and are protected by U.S. and international copyright laws.
You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any Content on the Site. Yentna expressly prohibits any copying, storing or otherwise accessing the Site or any Content on the Site for other than for your personal, noncommercial use unless you have received our prior written permission.
Subject to your compliance with these Terms, Yentna grants you a limited non-exclusive, non-transferable and non-sublicensable license to (a) access and use the Site, the Services and the Combined Content provided on the Site solely to advertise a Trip, search for a Trip, purchase (or look into purchasing) any of the products or services offered on the Site, participate in an Interactive Area hosted on the Site or for any other purpose clearly permitted on the Site. Yentna does not grant you the right to sublicense these license rights.Unless explicitly stated in these Terms, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Any use of the Site, Services or Combined Content that is not for one of these purposes or otherwise in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited. This license is revocable at any time.
The license granted under these Terms does not include, without limitation,any right to: (a) resell or commercially use the Site, Services or Combined Content, (b) distribute, publicly perform or publicly display the Site or the Combined Content, (c) modify or otherwise make any derivative uses of the Site, Services, or Combined Content, in whole or in part, unless modification or derivative use is specifically permitted under applicable law or provided for under separate terms, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site, Services, Combined Content or any information contained in any of them, except as expressly permitted on the Site, or (f) any use of the Site, Services or Combined Content other than for their intended purposes. Any use of the Site, Services or Combined Content other than as specifically authorized in these Terms, without the prior written permission of Yentna, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.
Yentna Does Not Endorse any User or Trip. You Have Sole Responsibility When Interacting with Other Users. As we said above, our Services provide an online platform through which Guides and Guests connect and book Trips directly with each other. We cannot be responsible for the interactions that you have with other visitors or Users of the Site, so please use good judgment and keep safety in mind when you use the Site and Services.Yentna is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User, person or organization. You are solely responsible for your interactions with other Users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other visitors to the Site or Users of our Services.
Guests and Guides Enter into Contracts Directly with Each Other. By making a booking through the Site,each Guest is entering into a contract directly with a Guide and will be subject to the Guide’s terms and conditions, including waivers of liability required by the Guide. By confirming your booking, you as a Guest are accepting the Guide’s terms and conditions – whether or not the Guide has provided them in advance and whether or not you’ve reviewed them. So we encourage you to request those and read them carefully.
Identity Verification.We cannot and do not confirm each User’s identity. Any references in the Site or Services to a Guide being “verified” (or similar wording) indicates only that Yentna has conducted a telephone interview with an individual who purports to participate in the delivery or management of the Trip listed by the Guide on the Site. Users are required by these Terms to provide accurate information but you are solely responsible for determining the identity and suitability of others with whom you may interact through the Site or Services. Yentna does not make any representations about, confirm, or endorse any persons who use the Site or Services or register for a Yentna Account. We do not investigate or verify any Trip description,a User’s reputation, experience, or criminal background, or any other information Users may submit to the Site.
We encourage you to communicate directly with Guides and Guests through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. Therefore, we also recommend that you always do your own due diligence when interacting with a User! Please take the additional steps you feel are necessary to validate the other person’s identity (for example, for Guests, by verifying the qualifications of the Guide and details of the Trip, and, for Guides, of the suitability of the Trip for the Guest) and assure yourself that the User is trustworthy. Inherently Dangerous Activities. You acknowledge and agree that hunting and fishing are inherently dangerous activities and that participation in those activities may lead to serious bodily injury or death. Therefore, you expressly assume the risk.
You also agree, to the fullest extent permitted by law, that by using the Site or Services, any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Yentna with respect to such actions or omissions. However, this limitation does not apply to any claim by a Guide against Yentna regarding the remittance of payments received from a Guest by Yentna on behalf of a Guide. Such a claim will instead be subject to the limitations described in the section entitled "Limitation of Liability,"below.
If you are a Guide, your use of the Site is a means of enabling you to connect with or be introduced to Users who may become Guests for the purpose of booking a Trip. While our Services to you include supporting and assisting you in listing, marketing, promoting and advertising your Trips on the Site,Yentna does not act in any way as your contracting agent or representative, or as your broker or insurer. You acknowledge and agree that you are solely responsible for any and all of your Listings on the Site so that when a Guest requests a booking and participates on the Trip, your agreement is strictly between you and the Guest. Yentna is not a party to it. Notwithstanding the foregoing, Yentna serves as the limited authorized payment agent on your behalf for the purpose of handling or managing payments from Guests in the amounts specified by you as the Guide for the Trip.
As part of the listing process you will be required to respond to certain questions about each Trip for which you wish to create a Listing. These questions include, but are not limited to, the kind of Trip you are offering,a description of the type of game or species which is the subject of the Trip, where the Trip will take place (including its geographic location), the type of permitted access (for example, deep water access, main highway access, and so on) to the extent applicable,accommodations, the dates and duration of the Trip, maximum number of guests, type of operator license (if applicable), and fees and payment terms. You may also include minimum age and other requirements which must be met by each Guest related to the Trip.
You (and not Yentna) determine the pricing and fees to be displayed in your listing. You understand and agree that once a Guest requests a booking for a Listing, the rates you have submitted in that Listing for the Trip may not be altered.
You warrant and represent that (a) you are fully qualified and will provide each Trip and the services described in each Listing in accordance with the highest standards in the industry, (b) you will comply with all applicable laws, rules and regulations, including obtaining any licenses required by applicable federal, state, and local law in connection with each Trip (and you warrant that those licenses are current and up-to-date), (c) you will provide each Trip in compliance with all applicable laws, (d) with respect to any accommodations referenced in the Listing (for example, seats on a boat, access to hunting leases, and so on), you have all necessary rights and permissions (including if you are not the owner of those accommodations, the express authorization from the owner, to deal with the accommodations, including creating Listings related to them and offering them as part of the Trip for use by Guests), and (e) if a vessel is used in providing the Trip, you are currently licensed for its operation, and that each and every vessel is maintained in accordance with current laws and regulations including those related to passenger safety.
You are responsible for your own acts and omissions, and for the acts and omissions of any individuals (other than Guests and members of the Guest’s party), who are present on the Trip.We recommend that Guides obtain appropriate insurance consistent with industry guidelines.
Yentna reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Yentna, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Yentna’ then-current policies or otherwise harmful to the Site or Services.
To make a booking through the Site, Guests must follow the booking request process set out on the Site and click on the appropriate confirmation button or booking link (via your Yentna Account). Guests should carefully check all information entered and correct any errors before making a booking request. Once a Guest clicks on the appropriate confirmation button or link, input errors cannot be corrected. After a Guest has submitted a booking request for a Trip, we will notify the Guide for that Trip to accept or reject the booking request. Guides are required to either confirm or reject a booking request within 24 hours of that request, after which the booking request will automatically expire. If the booking request is accepted by the Guide through the Site, a Guest will be notified (for example, by way of an email, text or automated response through the Site) that the booking request has been confirmed by the Guide and provided with relevant contact details. Relevant contact details for the Guest will also be forwarded to the Guide. The payment process described below will also apply upon receipt of a booking confirmation. Once those contact details have been provided, all communications (for example, concerning details and information about the Trip) are solely between the Guest and Guide through the Site as facilitated by the Services where required/applicable.
If a Guest requests a booking for a Trip and the Guide has accepted the booking, the Guest will be responsible and liable to pay the total price due for the Trip as displayed on the Site, subject, in each case, to these Terms. If a Guest’s booking request is accepted by the Guide, the payment process described under the Section entitled “Payment Terms applicable to Guests,” below, will apply. If a booking request is refused, expires or is cancelled, any pre-authorization of the payment card will be released, if applicable.
As a Guest, if you cancel your booking for a Trip, the provisions described under the Section entitled “Changes and Cancellations,” below, will apply. Refunds, if any, will be in accordance with the cancellation policy selected by the Guide for the Trip.
Bookings. When a Listing for a Trip is requested by a Guest via the Site, you as a Guide are required to either confirm or reject the Guest’s request within 24 hours of that request (and, if you do neither, the booking request will automatically expire at the end of that period). If, as a Guide, you confirm that the Listing is available and a Guest’s booking for a Trip is subsequently accepted and confirmed by you through the Site, you will receive the Guest’s relevant contact details (including phone number) from us and we will also forward your contact details to the Guest. Once such contact details have been provided, all communication including concerning details and information about the Trip must be direct between you and the Guest through the Site as facilitated by the Services where required or applicable.
Additional Obligations of a Guide. Please note that, as a Guide, you are solely responsible (a) for honoring any booking confirmation sent to a Guest, (b) for supplying, making available, and providing the Trip as listed on the Site to the Guest on the terms, conditions, rules and restrictions you establish and agree to with the Guest, and (c) for compliance with laws, rules and regulations, including any tax requirements.
Should you as a Guest decide to book a Trip and provided the booking is accepted by the Guide via the Site, you acknowledge and agree that you will be required to pay an amount equal to the total price as displayed on the Listing for that Trip on the Site and confirmed in each booking confirmation (“Trip Fee”), applicable taxes, and a service charge equal to 3% of the total. The Trip Fee is solely determined and set by the Guide (and not Yentna). Please note that the Trip Fee does not include additional charges (for example, trophy fees, fees to clean and transport game to a taxidermist or meat processor, or shipping fees) that a Guide may charge and collect separately.
When you request a booking, you as a Guest will be asked to provide customary billing information such as name, billing address and payment card information to Yentna’third-party payment processor to secure collection of your payment. Yentna will also obtain a pre-authorization on your payment card for the total amount of your booking request to ensure that you have the necessary amount of funds available to cover the transaction. Payment will be processed for any confirmed bookings made in connection with your Yentna Account in accordance with these Terms by one of the payment methods described on the Site. You hereby authorize the collection of such amounts by charging or debiting the payment card, as applicable, provided as part of requesting the booking via one of the payment methods described on the Site.You also agree to pay any additional fees as agreed to with the Guide. If a booking request is refused, expires or is cancelled, Yentna will cancel any pre-authorization to your payment card in connection with the requested booking within a commercially reasonable time.
Once a booking request has been confirmed via the Site, the Guide’s cancellation policy as described in the applicable Listing will apply to any cancellation by a Guest of the booking. Yentna’ ability to refund the Total Fees and other amounts charged to a Guest will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site. In some circumstances, and in addition to the billing and payment information you provide as described above, we or the Guide may require you as the Guest to produce some proof of your identity. This can be requested at the time of booking, during payment processing or at any other time thereafter. We reserve the right to cancel your booking if you do not provide such proof of identity when requested.
Fees.Yentna charges Guides a service fee for use of the Site and Services (a“Service Fee”). The Service Fee is calculated based upon a percentage of the Trip Fee. The percentage will be at least 10% and can increase based upon selections made by a Guide in Listing a Trip. When you create a Listing for a Trip on the Site, you determine what the Trip Fee will be, and select the percentage that applies for purposes of calculating the Service Fee. You may also, as a Guide and in your sole discretion, decide to include in the Trip Fee any additional fees that apply or taxes that you determine are required to be collected.
Our Services to you as a Guide in connection with payment facilitation and processing do not include the collection of deposits or additional charges from Guests that are not included or factored in the Trip Fee. Yentna is not responsible for administering or accepting a request or claim from you related to any such additional charges or payments and disclaims any liability in this respect. Guides will need to make separate arrangements with Guests in connection with any such charges and expressly state in the Listing for the Trip any additional charges (for example, trophy fees, fees to clean and transport the Guest’s animal to a taxidermist or meat processor, and shipping fees) not included or factored in the Trip Fee.
We hold all monies collected by us from Guests upon a booking confirmation for a Trip and will pay those monies to you by bank transfer less the Service Fee described above. You acknowledge and agree that we shall be entitled to deduct and retain the Service Fee from such monies collected. We generally initiate the payment to you of all net monies collected from Guests which are due to you within two business days after the Trip booked by the Guest has been verified as completed through the process specified by us on the Site. Please note that, as a Guide, you are solely responsible for honoring any booking confirmation sent to a Guest, and for supplying, making available, and providing the Trip as listed on the Site to the Guest on the terms, conditions, rules and restrictions you establish and agree to with the Guest.If you do not honor a booking, you may lose your entitlement to the Trip Fee. In addition, you may owe a cancellation fee to Yentna. We describe this further below. Please note that we reserve the right to retain the funds collected which relate to the cancelled Trip in order to refund monies paid by the Guest.
Taxes.Please also note that, as a Guide, you are solely responsible for determining (a) sales taxes, goods and services taxes, tourist or other visitor taxes, and other tax reporting requirements applicable to a Trip and related services and products, (b) the taxes that should be included in your Listing, and (c) paying those taxes. Yentna cannot and does not offer tax-related advice to any Users of the Site and Services so we encourage you to consult with your tax consultants to determine what your tax obligations are.
Tax regulations may require Yentna to collect appropriate tax information from Guides, to withhold taxes from payouts to Guides, or both. As a Guide, you are solely responsible for keeping the information in your tax forms current, complete and accurate and, if you fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to suspend all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
If, as a Guest, you cancel your requested trip before the requested trip is confirmed by a Guide, Yentna will cancel any pre-authorization to your payment card in connection with the requested trip within a commercially reasonable time. Once a trip request has been confirmed via the Site a thirty (30) day cancellation policy will be in effect. Guests will receive full refund if trip is cancelled more than 30 days prior to scheduled trip date. If a Guest cancels a trip less than 30 days from scheduled trip date, the Guide will keep 30% of trip costs as a non-refundable deposit. Refunds and cancellation policies are available via the Site If a Guide cancels a confirmed trip made via the Site, Yentna will refund the Total Fees for such trip to the applicable Guest within a commercially reasonable time of the cancellation. In addition, Yentna will provide you with a credit in the amount of 10% of the Trip Fee of the cancelled trip toward the purchase of another Trip (which credit must be used within sixty (60) days following the date of the Trip originally booked). If a Guide cancelled a confirmed trip and you, as a Guest, have not received an email or other communication from Yentna, please contact Yentna at email@example.com . Guides acknowledge and agree that, if you cancel a confirmed trip,Yentna may apply penalties or consequences to you or your Listing, including (a) publishing an automated review on your Listing indicating that a reservation was cancelled, (b) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled trip, or (c) imposing a cancellation fee in the amount of 10% of the total Trip Fee related to the cancelled trip (to be withheld from your future payouts or charged to the payment card on file in your Yentna Account). Since it is the Guide’s obligation (and not Yentna’s) to understand whether and when a cancellation fee applies to your situation, we recommend you do so before you decide to cancel. Yentna reserves the right to cancel any trip at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy for the Trip will not apply and the Guide will receive no payment for the cancelled trip.
In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, that such disclosure is necessary to protect Yentna’ systems, assets, employees, or Users, or to ensure the integrity and operation of Yentna’ business and systems. In addition, even though Yentna is not a party to any booking or other transaction and assumes no liability for legal or regulatory compliance pertaining to Trips listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your Listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Guides who accept payment card, banking or other payment information from Guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
The Site may contain links and pointers to websites maintained by other parties. Please note that these links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites, and your use of such sites and resources will not be governed by these Terms. If you decide to access websites maintained by other parties, you do so at your own risk.
All trademarks, service marks, logos, trade names and any other proprietary designations of Yentna used herein are trademarks or registered trademarks of Yentna. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, SOFTWARE, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." YOU ACKNOWLEDGE AND AGREE THAT YENTNA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND GUIDES, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YENTNA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE DESCRIPTIONS OR OTHER CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR YOUR CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR YOUR CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING LISTINGS FOR TRIPS, NO CONFIDENTIAL, CONTRACTUALLY IMPLIED, FIDUCIARY OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITEOR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITEOR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GUIDES OR GUESTS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT YENTNA IS NOT A PARTY TO ANY TRANSACTION BETWEEN USERS OF THE SITE. YENTNA DOES NOT REPRESENT OR WARRANT THAT PARTICIPATION IN ANY TRIPIS SAFE OR OTHERWISE WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES WITH RESPECT TO ANY TRIP. YENTNA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF ANY OTHER TRANSACTIONOR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
IN NO EVENT WILL YENTNA OR OUR AFFILIATES, OR EITHER OF OUR OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON THE SITE (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (a) THE SITE, (b) THESE TERMS, (c) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (d) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (e) ANY OF YOUR CONTENT, (f) INTERACTION BETWEEN THE SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (g) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A COMMISSION OR FEE IN CONNECTION WITH THAT TRANSACTION) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITYAND THE LIABILITY OF OUR AFFILIATES, AND OF EITHER OF OUR OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, AND OF OUR THIRD PARTY PROVIDERSTO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (a) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (b) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Yentna may, without any liability to you, with or without cause, with or without prior notice, in our sole discretion and at any time, decide to limit, suspend, deactivate or cancel your Yentna Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Yentna Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site or Services, your Yentna Account, or Your Content, (b) any pending or accepted future bookings as either a Guest or a Guide will be immediately terminated, (c) we may communicate to your Guides or Guests that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate excursions with other Guides that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Yentna Account. You may cancel your Yentna Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Yentna Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site and Services, including, but not limited to, any reviews or feedback.
You agree to protect, defend, indemnify and hold harmless Yentna, our affiliates, and our and our affiliates’ officers, directors, employees, agents, and third party service providers, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Yentna directly or indirectly arising from (a) your access to or use of the Site, Services, or Combined Content or your violation of these Terms; (b) Your Content; (c) your (i) interaction with any User, (ii) booking of a Trip, or (iii) creation of a Listing; and (d) the use or condition of a Trip by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or participation in a Trip.
If you feel that any Guest or Guide on a Trip is acting or has acted inappropriately, including but not limited to anyone who engages in dangerous, offensive, violent, or sexually inappropriate behavior or otherwise acts in a disturbing manner, you should immediately report that individual to the police or other appropriate authority and then to Yentna, including providing us with contact information for that authority as well as of the number or other identification for the report you filed. Please note, however, that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification should be sent to:
Yentna, LLC Attn: DMCA/Copyright Agent 815-A Brazos Street, Suite 294 Austin, TX 78701 dmca@Yentna.com
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
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