Terms and Conditions

General
My Outdoor Calendar™, and, its subsidiaries and affiliates (collectively "My Outdoor Calendar™") provide you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the "Services," which will be defined more under the Section, "Services."). Access to and use of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.

Services
The Services include My Outdoor Calendar™ Online Booking (located online http://www.myoutdoorcalendar.com) (the "Online Booking & Management Services"). Our Online Booking & Management Services enable you to make reservations online, track sales, manage employees, collect client payments online / onsite, and send automated emails.

My Outdoor Calendar™ does not guarantee the price, terms, conditions, availability and/or services offered by any owners or managers. For all of the Services, My Outdoor Calendar™ is involved in the transactions between you and any of its advertisers, but is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by the business owners or managers. If you have a dispute with one or more business owners or managers, you agree to release and hereby release My Outdoor Calendar™ from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. My Outdoor Calendar™ will issue a full refund to both parties if a dispute arises and the money is still in the hands of My Outdoor Calendar™. If My Outdoor Calendar™ has already sent the outfitter to the outfitter then the money refunded will be based on the terms and conditions of the outdoor business owners. If the client originally did not sign a release or terms and conditions by the outfitter, then My Outdoor Calendar will issue a refund to the client’s commission only fee. The outfitter will be responsible for any final payments collected through My Outdoor Calendar or outside of My Outdoor Calendar.

Your right to access the Services is subject to any limits established by My Outdoor Calendar™. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by My Outdoor Calendar™, if any, or authorized in advance and in writing by My Outdoor Calendar™ (for example, My Outdoor Calendar™ approved third party tools and services). The My Outdoor Calendar™ Web site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by My Outdoor Calendar™).

The technology underlying, and content within, the Services is owned by My Outdoor Calendar™ and/or its licensors (including My Outdoor Calendar™'s advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and My Outdoor Calendar™, My Outdoor Calendar™ owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. My Outdoor Calendar™ DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

My Outdoor Calendar™'s Potential Liability for the Services is Limited NEITHER My Outdoor Calendar™ NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. My Outdoor Calendar™ WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF My Outdoor Calendar™, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Defamation, Copyright and Trademark Claims
My Outdoor Calendar™ is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.

Further, My Outdoor Calendar™ is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, My Outdoor Calendar™ has designated an agent to receive notifications of alleged copyright infringement on the Services by emailing john@myoutdoorcalendar.com on our website to email us directly.

In notifying My Outdoor Calendar™ of alleged copyright infringement, you must include the following information:

A description of the copyrighted work that is the subject of claimed infringement

A description of the infringing material and information sufficient to permit My Outdoor Calendar™ to locate the alleged material

Contact information for you, including your address, telephone number and/or email address

A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law

A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed

A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf

Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.

My Outdoor Calendar™ does not arbitrate or resolve trademark disputes among My Outdoor Calendar™'s advertisers or between those advertisers and third parties. However, My Outdoor Calendar™ will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue.

Privacy and Data Collection
My Outdoor Calendar™'s information practices are further described in its privacy policy. My Outdoor Calendar™'s privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with My Outdoor Calendar™ (such as an Affiliate Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read our privacy policy. You should consider any communication that you transmit to My Outdoor Calendar™ (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that My Outdoor Calendar™ will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Control over Features, Functions, and Access to the Services
My Outdoor Calendar™ reserves the right to change any information, features and functions of the Services without prior notice. My Outdoor Calendar™ may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that My Outdoor Calendar™ determines, in its sole discretion, violate this Agreement, the rights of My Outdoor Calendar™ or any third party, or is otherwise inappropriate.

Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. My Outdoor Calendar™'s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Nashville, Tennessee, USA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or My Outdoor Calendar™ may seek any interim or preliminary relief from a court of competent jurisdiction in Davidson County, Tennessee, as necessary to protect the rights or property of you or My Outdoor Calendar™.

Amendment
My Outdoor Calendar™ may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and My Outdoor Calendar™. If this agreement is adjusted, all users will be notified via email.

Refund Policy:
Reservation pricing is set by the individual businesses who are using My Outdoor Calendar™.  As the outfitter, you agree to keep all pricing information up to date while you are using My Outdoor Calendar™.

Upon making a reservation outfitters might require a non-refundable deposit to hold your requested date(s). MasterCard/Visa are accepted using online payment portal. AMEX is offered upon outfitter request due to high transaction rates.

The trip destination may change, due to weather, restriction or unknown pressures.  That change will be made at the discretion of the guide/outfitters and client must be notified immediately. If the trip is canceled and client has travelled to location, the outfitter is responsible for all refunds and/or re-scheduling.




Key Terms

So we understand that some key terms on our website are very generic and everyone has a little different way of talking in each industry. Below I will define how our terminology shapes our service and how it may relate to yours. These terms are organized in the manner in which to go through the Sign Up process.

Asset - When you log into your account and  ready to set up your business, then you need to head to the "Asset Management" link first. We define an Asset as anything non-human that is necessary for you to do business. If you are a fly shop this would be drift boats, rods and waders. If you rent watercraft your assets could be ski boats and personal water craft. If you have several identical assets you only need to put them in once, then change the quantity. Employees would not be considered an "asset." Human assets are listed as "Guides" which moves us to the next term.

Guides - A guide is any employee that takes customers on trips or adventures. They can set up their own guide account or you can create it for them from your account. You will associate each guide with whatever packages they normally operate. You can associate a guide with as many packages as you want. Once you have them set up you will need to attach them to the appropriate package. Next comes creating the package.

Package - A package is the way you schedule assets and guides into available time frames. This is the process that allows you to actually use the Point of Sale and online booking headache free. We base our availability off of assets instead of  time slots. This allows you to easily manage all the different aspects of a package/trip in one easy place. A package is also where you explain the trip or experience with your customers. Be sure to add a photo!

Event - An event is simply a package with fixed dates. So if you have a two day trip that you only take on certain dates you can post it to a calendar so clients can see they are booking a fixed time slot. All assets and guides in the package are reserved for those dates.

  1. Add Assets
  2. Add Guides
  3. Define packages and set a price.
  4. Go make money!