PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING THIS SITE.

By using this site, you agree to the following terms and conditions:

Ownership and Restrictions on Use

This site is owned and operated by Hefty Tour, LLC. All materials contained in this site are the copyrighted property of Hefty Tour, LLC, or used with permission from the original copyright holders. No material from TheBigBayou.com (“the Web Site”) or any web site owned, operated, licensed, or controlled by Hefty Tour, LLC collectively or any one of which is referred to as “the Hefty Tour, LLC Sites” may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Hefty Tour, LLC’ copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or computer network environment is expressly prohibited. Hefty Tour, LLC owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Web Site, except where otherwise noted.

To the extent the Web Site provides interactive capabilities that allow you to submit information or data on the Web Site, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the Hefty Tour, LLC Sites any content which is libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Any personal information you provide to us while registering on TheBigBayou.com will be used by Hefty Tour, LLC in accordance with Hefty Tour, LLC’s Privacy Policy, which you can view here https://www.bigbayou.com/privacy-policy. Non-personal information you send or communicate to us, such as questions, comments or inquiries, will be not considered personal information and therefore will not be subject to our Privacy Policy. Accordingly, Hefty Tour, LLC may use any such non-personal information you supply to us, which may include, but is not limited to, any inventions, ideas, concepts or know-how, without restriction or liability.

Registration, Password and Security

When you register with TheBigBayou.com, you will create a login name and a password in completing the registration process and will provide us with certain information. It is your responsibility to provide us with true and accurate information during the registration process. Hefty Tour, LLC will accept your information as it is provided to us. We will not verify the truth, accuracy or completeness of your information and we expressly disclaim any liability in connection therewith. You are solely responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. It is also your sole obligation to immediately notify Hefty Tour, LLC of any unauthorized use of your account or any other breach of security. Account Logon services at TheBigBayou.com are provided by a third party, through and online relationship agreement with Hefty Tour, LLC. When you register a Logon account with TheBigBayou.com, these Logon credentials are also securely transmitted to our Account Logon service provider. Conversely, if you already an Account Logon with this provider, those credentials may be used in TheBigBayou.com to Logon and access services offered by The Site.

Modification of Terms

Hefty Tour, LLC reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. Your continued use of the Hefty Tour, LLC Sites subsequent to the revisions of these terms (including the TheBigBayou.com Privacy Policy, Terms and Conditions, and Event Contract applicable to Hefty Tour, LLC’ Booking Applications) means you accept those changes.

Termination

These terms are effective until terminated by Hefty Tour, LLC, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from the Hefty Tour, LLC Sites and all copies thereof, whether made under the terms of this agreement or otherwise.

Links

Hefty Tour, LLC, at its discretion, may provide links to other web sites or resources or allow third party web sites to link to TheBigBayou.com. Because Hefty Tour, LLC has no control over such web sites or resources, you expressly understand and agree that Hefty Tour, LLC is not responsible in any way or form for the contents, products, advertising, materials, services or resources contained on any other web sites and Hefty Tour, LLC does not endorse or sponsor any third-party web sites. Hefty Tour, LLC is not responsible or liable, whether directly or indirectly, for any damage, loss or claims by or in connection with your use or reliance on any content, products, advertising, materials, services or resources available on or through such web sites.

Disclaimer

The materials in this site are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Hefty Tour, LLC disclaims all warranties, expresses or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Hefty Tour, LLC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Hefty Tour, LLC does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Hefty Tour, LLC) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Hefty Tour, LLC be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Hefty Tour, LLC or Hefty Tour, LLC authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Hefty Tour, LLC’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Jurisdiction

This site is controlled and operated by Hefty Tour, LLC from its offices within the State of Texas, United States of America. Hefty Tour, LLC makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Collin County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Event Conditions

All aspects of the Event, its Excursions, Activities, Merchandise, and Policies are governed by the Event Contract, which you can view at this page: Https://TheBigBayou.com/contract. The Event, Excursions, Activities and Merchandise are subject to change or cancelation without notice. Descriptions, departure times, itineraries, pricing and locations may be altered and may vary due to unforeseen circumstances. Descriptions and excursion lengths are all based on approximate times and predetermined points of interest. Changes may be unavoidable and can be made at Hefty Tour, LLC’s sole discretion.

Responsibility

Hefty Tour, LLC is not responsible for any losses, damage, death, injuries, or claims whatsoever arising from, connected with, or related to any activities engaged in by Guests. This includes all excursions, whether booked online, sold at the event. Guests engage in all such activities at their own risk.

Hefty Tour, LLC acts only as an agent for the independent excursion tour operators or vendors supplying excursions or services. Independent contractors operate all excursions, including any related transportation. Hefty Tour, LLC neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. Hefty Tour, LLC sells tickets for all excursions as a convenience to Guests only. Tour operators, vendors, transportation providers, and their employees are neither agents nor employees of Hefty Tour, LLC, notwithstanding their use of any signage or clothing which may contain the name “Big Bayou”, or other related trade names or logos. It is understood and agreed that Hefty Tour, LLC assumes no responsibility for, nor guarantees performance of, and in no event shall be liable for, any loss, damage, injury, or death in connection with said excursions or transportation.

Restrictions

Please note that there are certain restrictions based on age, health, weight and/or height, which have been imposed by the individual excursion operators for your own safety. Hefty Tour, LLC urges you to abide by them. Tour operators have the right to require any individual to withdraw from an excursion at any time if they deem that individual’s conduct detrimental to or incompatible with the right to alter or adjust excursions to meet local conditions for participant safety and convenience. Neither Hefty Tour, LLC nor local tour operators will extend financial reimbursement to compensate for a guest’s disappointment in the event that circumstances beyond the reasonable control of Hefty Tour, LLC or the tour operator make it impossible to provide services as intended.

Pricing

Prices for excursions, packages, and merchandise are quoted per person, in U.S. dollars and are subject to change without notice. Prices also vary by date and time and are capacity controlled. Some restrictions may apply.

Personal Possessions

Neither Hefty Tour, LLC, nor the Tour Operators, Service Providers, and Vendors will be responsible for personal possessions. Do not leave your possessions unattended at any time, either in the vehicles in which you are traveling or otherwise.

Transportation

Please note that motor coaches and other forms of transportation may require Guests to climb 2 to 3 steps. Most, but not all motor coaches, can accommodate collapsible wheelchairs. Staff is not obligated to lift Guests into or out of vehicles.

Other

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by all parties.

These Terms and Conditions were last updated on July 1, 2019.

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