INTERPRETATION AND DEFINITIONS

Interpretation

Words with capitalized initials have meanings defined below. These definitions apply whether the terms appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate
  Means an entity that controls, is controlled by, or is under common control with a party, where “control” refers to ownership of 50% or more of the shares, equity interest, or other voting securities.

• Country
  Refers to Alaska, United States.

• Company (“the Company,” "We," "Us," or "Our")
  Refers to Kodiak Discovery Tours, the operator of the Website and provider of our Services.

• Device
  Means any device capable of accessing the Service, such as a computer, tablet, or smartphone.

• Service
  Refers to the Website and any products, content, or services offered through it.

• Terms and Conditions (“Terms”)
  Means these Terms and Conditions, which form the entire agreement between You and the Company regarding use of the Service.

• Third-party Social Media Service
  Means any services or content provided by a third party that may appear within or be accessed through the Service.

• Website
  Refers to Kodiak Discovery Tours, accessible at https://kodiakdiscoverytours.com.

• You
  Means the individual or legal entity accessing or using the Service.

ACKNOWLEDGMENT

These Terms govern your access to and use of the Website and Services. By accessing or using the Service, you agree to be bound by these Terms.

If You do not agree with any part of the Terms, please discontinue use of the Service.

You represent that you are at least 18 years old. The Company does not permit those under 18 to use the Service.

Your use of the Website is also governed by our Privacy Policy, which explains how we collect and handle personal information. Please review the Privacy Policy carefully before using the Service.

LINKS TO OTHER WEBSITES

Our Website may contain links to third-party websites or services not owned or controlled by Kodiak Discovery Tours.

We have no control over the content, privacy policies, or practices of any third-party websites and assume no responsibility for them. You acknowledge that the Company shall not be liable for any damages or losses arising from your use of third-party websites.

We strongly recommend reviewing the terms and privacy policies of any third-party services you access.

TERMINATION

We may suspend or terminate Your access to the Service immediately and without notice if You violate these Terms or for any reason at our discretion.

Upon termination, Your right to use the Service stops immediately.

LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• The Company’s total liability for any claim relating to the Service shall not exceed the amount You have paid through the Service, or $100 USD if no purchase was made.

• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • loss of profits

  • loss of data

  • business interruption

  • personal injury

  • issues arising from third-party software or hardware

Some states restrict limitations of liability. If applicable, limitations will be enforced to the fullest extent permitted.

“AS IS” AND “AS AVAILABLE” DISCLAIMER

The Service is provided to You “AS IS” and “AS AVAILABLE” without warranties of any kind.

Kodiak Discovery Tours makes no warranties that the Service will:

• operate without interruption

• be error-free

• meet your performance expectations

• be free of viruses or harmful components

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the limitations apply only to the extent permitted by law.

GOVERNING LAW

These Terms are governed by the laws of the State of Alaska, without regard to conflict-of-law rules.

DISPUTE RESOLUTION

If You have a dispute or concern, You agree to first attempt resolution informally by contacting the Company at:

tyler@kodiakdisoverytours.com

FOR EUROPEAN UNION (EU) USERS

If You are an EU consumer, you may benefit from mandatory protections of the country where you reside.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that:

• You are not located in a country subject to U.S. embargo

• You are not listed on any U.S. government list of restricted or prohibited parties

SEVERABILITY & WAIVER

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

Failure to enforce a provision does not constitute a waiver of future enforcement.

TRANSLATION

If these Terms are translated, the English version prevails in case of conflict.

CHANGES TO THESE TERMS

We may modify these Terms at any time. If changes are material, we will make reasonable efforts to provide notice 30 days before new terms take effect.

Continued use of the Service after changes means You accept the revised Terms.

CONTACT US

If you have questions about these Terms, you may contact us:
https://kodiakdiscoverytours.com/contact-us