Terms & Conditions
All guests agree to the following:
Acknowledgment and Acceptance of Risks: I, the undersigned, as well as each person in my group, acknowledge and accept all risks while on tour with McLander Tours LLC, doing business as, Above and Beyond Grand Canyon Tours. Each guest accepts full responsibility for any injuries (physical or mental), illnesses, and/or death, to themself or any person in their group. McLander Tours LLC has full authority to refuse service to any guest at any time. Guests shall not interfere with any rules and regulations of the company, Grand Canyon National Park, as well as the State of Arizona. Guests shall not cause any physical or mental harm to any staff or employee of the company. If damage of any kind is caused to the company, staff, vehicle, or any other equipment, the guest is responsible for full reimbursement to the company, including all attorney fees. All guests are required to be responsible, and follow all instructions from their guide and McLander Tours LLC. We reserve the right to modify a tour in any way. Weapons (including firearms) and illegal drugs are strictly prohibited on tour.
COVID-19 Acknowledgement and Acceptance of Risks: I, the undersigned, as well as each person in my group, acknowledge and accept all risks of being exposed and/or contracting COVID-19 (including all strains and variants), as well as any other communicable and/or infectious diseases. All guests take full responsibility for the spread and/or contraction of COVID-19 and any other communicable and infectious diseases to themselves and any person in their group and outside of their group. All guests understand the inherent risks of COVID-19 and all communicable and infectious diseases by being in public.
Above and Beyond Grand Canyon Tours and McLander Tours LLC is not liable or responsible for any harm caused to guests by unforeseeable issues, including but not limited to, lightning, fires, tornadoes, floods, earthquakes, volcanic eruptions, explosions, war, terrorist acts, national emergencies, and pandemics.
These terms and conditions require the use of arbitration to resolve any disputes, rather than jury trials or class actions, to the extent permitted by law. This is a written agreement under the Federal Arbitration Act. Disputes will be arbitrated on an individual basis only, and you agree to waive the ability to pursue a claim as a class action.
This website and any mobile application (collectively, this “site”) is owned by McLander Tours LLC doing business as Above and Beyond Grand Canyon Tours (“We”, “Us”). We are providing you with access to this site and our online store (together, our “Services”) subject to the following Terms and Conditions.
By browsing, accessing, using, registering for or purchasing tours on this site or otherwise using our services, you are agreeing to all of the following Terms and Conditions, including any policies referred to herein (collectively, these “Terms and Conditions”). So, please read these Terms and Conditions carefully. We reserve the right to change this site and these Terms and Conditions at any time. If you are unwilling to be bound by these terms, you should not browse, access, use, or purchase anything from the site.
You represent and warrant that you are at least 18 years old or visiting this site under the supervision of a parent or guardian.
Use of This Site: Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this site. This license grant does not include: (a) any resale or commercial use of this site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this site. You may not use, frame or utilize framing techniques to enclose any of our trademark‚ logo‚ content or other proprietary information (including the images found at this site‚ the content of any text or the layout/design of any page or form contained on a page) without our express written consent. Furthermore, you may not use any meta tags or any other “hidden text” utilizing our name, trademark, or product name without our express written consent. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
You shall immediately notify us of any unauthorized use of your identification or any other breach or threatened breach of this site's security. Any time you use your identification, you will be deemed to be authorized to access and use the site in a manner consistent with these Terms and Conditions, and we have no obligation to investigate the authorization or source of any such access or use of this site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication: When you use this site, or send emails to us, you are communicating with McLander Tours LLC electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
User Content: This site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that you use any Interactive Features at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through any of the following: User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law; User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer; User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent; User Content that makes false or misleading statements, claims or depictions about a person, company, product or service; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content: Except as otherwise provided in these terms, on this site or in a separate agreement with McLander Tours LLC, we claim no ownership or control over any User Content. However, by submitting or posting User Content on this site, you grant to us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this site the right to access your User Content in connection with their use of this site.
By posting User Content to this site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this site and to grant to us the rights that you grant in these Terms and Conditions; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this site, do not and will not violate these Terms and Conditions or any other of our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Feedback: Separate and apart from User Content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this site, McLander Tours LLC and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use: You agree you shall not (and you agree not to allow any other individual or entity using your identification to): download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this site‚ except and to the extent expressly permitted under these Terms and Conditions; remove any copyright‚ trademark or other proprietary rights notice contained in or on the site; use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this site; collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users; reformat or frame any portion of any web pages that are part of this site; create user accounts by automated means or under false or fraudulent pretenses; create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the site; submit to this site any content that falsely states or implies that such content is sponsored or endorsed by us; transmit or upload to this site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this site‚ any other website‚ or any computer or other device or system‚ or the enjoyment of this site by any user; use this site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); submit to this site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the site to transfer or store illegal material‚ including any material deemed threatening or obscene; copy or store any User Content offered on this site other than for your personal‚ non-commercial use; take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this site available; or use this site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
We have no obligation to monitor any user conduct on this site, and we reserve the right and have absolute discretion to monitor any user conduct on this site at any time and for any reason without notice.
Ownership: As between you and McLander Tours LLC‚ this site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by McLander Tours LLC, and protected by applicable copyright laws. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms and Conditions shall be deemed to grant to you or any other user any license or right in or to any of our patents, copyrights, trademarks, trade secrets or other proprietary rights.
Purchases on this Site: You agree that all of your transactions with or through this site may, at our option, be conducted electronically from start to finish. If McLander Tours LLC decides to proceed non-electronically, those transactions will still be governed by the remainder of these Terms and Conditions unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and Conditions and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items purchased by you on this site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.
We reserve the right to increase, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for our services.
Only valid credit cards or other payment methods acceptable to us may be used. By submitting your purchase of a tour, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes and any other amounts described on the sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All cancellations are governed by our Cancellation Policy, which can be found on the product page.
We attempt to be as accurate as possible and eliminate errors on this site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this site, in an order confirmation, in processing an order, delivering a product or service or otherwise, McLander Tours LLC reserves the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items are subject to availability and McLander Tours LLC reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services in which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
Links: This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that McLander Tours LLC is not responsible for the operation of or content located on or through any such site.
Termination: You may terminate the Terms and Conditions at any time by closing your account, discontinuing your use of this site, and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this site, or any portion of this site, and to block or prevent your future access to and use of this site or any portion of this site.
Indemnification: To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless to McLander Tours LLC and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this site; (c) any Feedback that you provide; (d) your violation of these Terms and Conditions; and (e) your violation of any rights of another. You agree to promptly notify McLander Tours LLC of any third party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that McLander Tours LLC shall have the right to the control of the defense or settlement of any third party Claims.
Disclaimers: Except as expressly provided, this site, including all site Content, and services provided on or in connection with this site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. McLander Tours LLC does not represent or warrant that this site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability: Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of warranty shall be your right to return the product/services, or receive a refund for the service under our applicable cancellation policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Remedies: You agree that our remedy at law for any actual or threatened breach of these Terms and Conditions would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Modifications to Site: We reserve the right to modify or discontinue, temporarily or permanently, this site or any features or portions thereof without prior notice.
Severability: If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries: These Terms and Conditions are for the benefit of, and will be enforceable by, the parties only. These Terms and Conditions are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Cancellations: Guests will not be charged if cancelling the scheduled tour 48 hours or more in advance. If cancelling the scheduled tour in less than 48 hours, guests will be charged in full and shall receive a lifetime redeemable voucher for their tour.
Cancellations Due to Weather: We, McLander Tours LLC, reserve the right to cancel any tour due to inclement weather. Guests will receive a full refund before the start of the tour if the company decides it is unsafe to run a tour, and must cancel. McLander Tours LLC runs tours rain or shine. However, if roads are icy, impassable, or closed the company may cancel the tour.