SUMMARY OF KEY POINTS
- You grant GuideYou a broad license to use the content that you submit through the Site. See the CONTENT YOU SUBMIT section below.
- You agree to indemnify GuideYou for claims arising from your breach of or activities related to this Agreement or arising from the content you submit through the Site or from your use of the Services, among other types of claims. See the INDEMNIFICIATION section below.
- YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT. See the ARBITRATION section below.
- Your use of the Site and Services is AS IS, without warranty and will result in no liability to us. See the DISLAIMER OF WARRANTIES and LIMITATION OF LIABILITY sections below.
- CANCELLATION POLICY
- OWNERSHIP OF SITE CONTENT
- YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
- CONTENT YOU SUBMIT
- USER INTERACTIONS AND DISPUTES
- ACCEPTABLE USE POLICY
- REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATION
- THIRD PARTIES
- LINKING POLICY
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY; WAIVER
- LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
- GOVERNING LAW
- ENTIRE AGREEMENT AND OUR RIGHT TO UPDATE THESE TERM
The Site or portions of the Site may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information.
Prices are per person unless otherwise specified. Transactions are based on US dollars (USD).
Tours are conducted in English unless otherwise noted. All tickets are prepaid at time of booking by credit card, or once a confirmation number is assigned by a tour operator or vendor (“tour operator”). An automated email record of your order will be sent to you following completion of your transaction. If a tour operator confirmation is needed, please allow 24-72 hours for the tour operator to process your request and to provide your e-ticket with a confirmation code. If no tour operator confirmation is required, an e-ticket will be issued immediately upon purchase. Please print out your e-ticket and sign it in the presence of the tour operator when you check in at the ticket desk or ticket booth for your selected tour. If you do not have a printer please supply the vendor with your confirmation number. You may be required to show photo identification. If you have lost or forgotten your email confirmation, please use our e-ticket locator (guideyou.com/eticket) or contact us at 415.775.1200 between 7:00 a.m. to 11:00 p.m. Pacific Time daily. Tour prices and availability are not guaranteed until your tour is booked and confirmed.
Please read your confirmation carefully to ensure you have entered the correct date and time for your desired tour and the correct hotel pick-up information if your tour offers hotel pick-up and drop off. If you do not receive a confirmation after submitting payment information, or if you encounter any error messages regarding service interruption after submitting payment information, it is your sole responsibility to confirm your order with your tour operator via the telephone number provided on your e-ticket.
All customers are required to reconfirm their tour and hotel pick up by calling the telephone number provided in the email confirmation prior to tour departure. It is your sole responsibility to ensure that you are in the correct pick up location at the correct time. We recommend that you arrive 10 minutes prior to pick up. Your email confirmation will provide you with all of the information you need regarding pickup time and location.
There is typically no charge for changes you request from a tour operator 24 hours prior to the scheduled time, but policies vary from tour operator to tour operator, please refer to your e-ticket for specific policies and note some tours offer no exchanges or cancellations. Should you need to change your tour itinerary after your reservation is confirmed, you must directly contact your tour operator to determine availability on another date or time. There may be a charge for rescheduling your tour. If your tour operator cannot accommodate you, and you want to cancel, the tour operator may allow for a refund under the terms of its cancellation policy, which is noted on your e-ticket. For more information on canceling tours by you and seeking refunds see the Cancellation Policy section below.
Tour operators reserve the right to cancel or change tour schedules, content and prices without prior notice up to the day of the tour. If you have paid for a tour in advance your price is guaranteed. If the tour has been cancelled by the tour operator and tickets are not available for a time and/or date that satisfies your schedule, contact GuideYou at the phone number set forth in the Cancellation Policy section below, and we will issue a refund the full amount of your purchase.
In the unlikely event that the price and/or description of a tour listed on the Site has been incorrectly advertised, we will not be under any obligation to sell or provide those Services to you; we reserve the right to cancel that order and refund the purchase price to you. Tour operators and vendors reserve the right to alter, modify or cancel tours based on bad weather, street closures, parades, special events, unsafe conditions, inadequate passenger count and/or at the request of governmental agencies. Tour routes and content are subject to change, and tours may not proceed in the order described on the Site. Durations of tours provided on this Site are approximate. GuideYou is not responsible and disclaims any and all liability or responsibility for delays or service interruptions in tours or other bookings, including without limitation delays or service interruptions due to weather, mechanical problems, labor disputes, accidents, sickness, acts of God, government actions, acts of war or terrorism, traffic congestion or other circumstances beyond GuideYou’s reasonable control.
If you register with us, you agree to be responsible for any activities that occur under your account or password, and you hereby release GuideYou from any and all liability that may arise in connection with your use of the Site. You may not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portions of the Site. You will notify GuideYou if your username or password has been lost, stolen, or used by another person. Your access to the Site is strictly at the discretion of GuideYou and may be revoked at any time without cause and without notice. Posting reviews and photos - Do not post or otherwise make available anything on the Site you would not want others to see in public. GuideYou reserves the right to edit or delete content. Your profile and what you say and what you post will be disclosed to others and we have no control over how other users of the Site will use the information you post or otherwise make available on the Site.
We do not accept cancellations by voicemail or email.
Cancellation by you of a tour reservation is subject to the specific cancellation policy for the tour operator and the specific tour selected. Prior to booking you should review the tour cancellation policy online for the specific tour you have selected. The tour cancellation policy is also printed on your e-ticket. You agree to tour cancellation policies during check out.
In addition, if a cancellation policy allows you to cancel a tour and you do so within the allowable cancellation period noted in the cancellation policy, in addition to any applicable tour operator cancellation fees, GuideYou reserves the right to charge you a $25 per ticket, non-negotiable and non-refundable, processing fee.
In the event you believe you qualify for a refund based on the tour operator’s cancellation policy, please take the following steps to request a refund:
- Contact the tour operator at the tour operator’s phone number provided on your e-ticket, and inform the tour operator that you would like to cancel your reservation and request a refund. You MUST inform the tour operator in advance that you wish to cancel your tour.
- If the tour operator indicates that you are qualified to receive a refund, contact GuideYou and request that GuideYou process the applicable refund by either:
- Calling GuideYou Monday-Friday between 9:00 am-5:30 pm Pacific Time at 415-775-1200, and pressing #1; or
- Faxing GuideYou at 415-929-7778, Attn: Ticket Department, and including all of the following information with your written cancellation: a copy of your e-ticket confirmation, a telephone number where you can be reached if necessary, and a brief explanation of the reason for the cancellation.
OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site, including past, present and future versions, content available for download, domain names, source and object code and the “look and feel” of the Site ("Site Content") are owned, controlled or licensed by GuideYou, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of GuideYou, unless and except as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
Subject to compliance with these Terms, you may visit the publicly available portions of our Site without further permission from GuideYou. With respect to Site Content, you agree to: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any source code associated with the Site. You also agree that you will not, including by using any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
Subject to your compliance with these Terms, GuideYou grants you a limited, personal, nonexclusive, non-commercial, revocable and non-transferable license to access, download and view a single copy of the Site Content available via the password protected portions of the Site.
CONTENT YOU SUBMIT
The Site may provide you the opportunity to post content within community features or forums(each, a "Community Forum"). The content you choose to post or disseminate on a Community Forum, the Site in general or to GuideYou is referred to in these Terms as "User Content". Your User Content may be available for all other users to view and download, so use caution in what you post or otherwise make available on the Site.
You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant GuideYou the license above. Upon GuideYou's request, you will furnish GuideYou any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You authorize GuideYou to publish your User Content in a searchable format that may be accessed by users of the Site. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You also acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to GuideYou, a Community Forum or the Site.
You also understand and acknowledge that: (a) GuideYou and its parent, subsidiary and affiliate companies have wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your User Content) and/or each other; (b) you will not be entitled to any compensation as a result of GuideYou's use of any such similar or identical material; and(c)GuideYou does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your User Content. The Site is not the place to send GuideYou any unsolicited idea submissions or other intellectual property for GuideYou’s consideration.
You agree that GuideYou has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its rights to use your User Content. You further acknowledge and agree that GuideYou will not have any obligation to you with regard to User Content and that GuideYou may or may not monitor, display or accept your User Content and may delete it at any time and you may have no right to access or control any User Content that you provide once you provide it. If you uploaded content that you wish to be deleted from the Site, you can email us at [email protected] and we will review your request.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor disputes and take action associated with those disputes. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online and offline activities.
ACCEPTABLE USE POLICY
When you contribute, upload or otherwise provide User Content to the Site or send messages to GuideYou or other users of the Site, you agree to comply with the following rules ("Rules"):
- No Illegal Content. You must steer clear of posting information or discussing matters that are or would be illegal. If someone could go to jail for taking action suggested by your User Content, don't upload or post it.
- User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons or companies who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere. Do not use any content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Don’t share any trade secrets or confidential information. This Site is not the place for confidential or proprietary information, so do not post that type of information.
- No pictures, videos or images that do not contain you. If you choose to upload a photo or video to the Site, make sure they contain you or the content is yours. Any photos or videos must be appropriate for this Site and must not depict nyone or any entity in an unflattering manner.
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that ndividual or that is extremely personal in nature.
NO COMMERCIAL PURPOSE
- Do not use the Site for a commercial purpose. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You gree that you will not monetize any portion of the Site.
- No Endorsements. The Site is not the place to endorse another person or company or product or to solicit an endorsement.
- No Promotions. You must not offer your own promotions, sweepstakes, contests, etc. on the Site without GuideYou’s prior written permission, which may be withheld for any reason.
RELEVANT CONTENT AND GOOD BEHAVIOR REQUIRED
- No Complaints or Griping. The Site is not the place for complaining about GuideYou, another company or another person. The Site is also not the place to discuss errors in Services or orders. Direct any such complaints off of the Site directly to the relevant company or person.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself. Do not impersonate any other person, user or company or misrepresent your identity or affiliation with a person or company. Do not imply or state, directly or indirectly, that you are affiliated with or endorsed by GuideYou or any of its parent, affiliate or subsidiary companies.
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- Don't damage the Site or anyone's computers. User Content may not knowingly contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system. You must not and agree not to (a) interfere with or disrupt the Site or any Site servers or networks; or (b) intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, any regulations having the force of law.
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. GuideYou encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), GuideYou has a designated agent for receiving notices of copyright infringement and GuideYou follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GuideYou's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (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 copyright 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 information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Site violates your rights other than copyrights, please provide GuideYou with at least 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 material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Site or othercomplaint regarding alleged violation of rights to GuideYou’s copyright agent, who can be reached as follows:
505 Beach Street, #126
San Francisco, CA 94133,
(415) 929 7722
NOTE: This contact information is for inquiries regarding potential copyright and other intellectual property infringements only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. GuideYou will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
There may be links from the Site, or from communications you receive from the Site, to third party web sites or online features. The Site also may include third party content that we do not control, maintain or endorse. The tour operators, suppliers, independently licensed TCP Tour Companies, hotels and other third parties and affiliates providing services through this Site are not agents of GuideYou. GuideYou shall not be liable for any acts, errors, omissions, negligence or breaches of any supplier, tour operator, hotel, third party or vendor, or for any personal damages or injuries caused by such suppliers, vendors, tourcompanies, hotels or third parties, including death, property damage, and other damages, loss or expenses resulting from use of the Site or Services. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE SITE INCLUDING, INCLUDING WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
GuideYou grants you the revocable permission to link to publicly available (i.e., non-password protected) portions of the Site;provided, however, that any link to the Site: (a) must not frame or create a browserorborder environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that GuideYou or the Site is endorsing or sponsoring it or its products, unless GuideYou has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in GuideYou's sole opinion, harm GuideYou or its products or Services; (d) must not use any GuideYou trademarks without the prior written permission from GuideYou; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in GuideYou's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, GuideYou reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GUIDEYOU NOR ANY OF ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR LICENSORS NOR THEIR EMPLOYEES, MANAGERS, OFFICERS, AGENTS, THIRD PARTIES, TOUR OPERATORS AND VENDORS (COLLECTIVELY, THE "GUIDEYOU PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) THE SERVICES; (D) USER CONTENT; AND/OR (E) SECURITY ASSOCIATED WITH THE SITE OR TRANSMISSION OF INFORMATION TO GUIDEYOU OR VIA THE SITE. IN ADDITION, THE GUIDEYOU PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE GUIDEYOU PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GUIDEYOU PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE,COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE GUIDEYOU PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GUIDEYOU PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE GUIDEYOU PARTIES DO NOT ENDORSE USER OR THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER OR THIRD PARTY CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE SITE. THE GUIDEYOU PARTIES SHALL NOT BE LIABLE FOR ANY EXPENSES, DELAYS, REROUTING OF TOURS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY, THAT YOU EXPERIENCE OR INCUR AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE GUIDEYOU PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE SITE CONTENT; (C) THE SERVICES; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GUIDEYOU PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR SERVICES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; (I) ANY LOSS OF PROPERTY RESULTING FROM USE OF THE SITE OR SERVICES, INCLUDING ANY ITEMS LEFT ON TOUR VEHICLES (WE ARE NOT RESPONSIBLE FOR ANY ITEMS YOU LEAVE UNATTENDED DURING ANY TOUR); (J) ANY INJURIES, DAMAGES, OR THEFT OF PROPERTY DUE OT USE OF THE SITE OR SERVICES; (K) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY (INCLUDING, WITHOUT LIMITATION, DAMAGE OR LOSSES FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION) OR (L) ANY ACT, ERROR OR OMISSION OF ANY TOUR OPERATOR, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GUIDEYOU PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF STATUTE, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE GUIDEYOU PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE GUIDEYOU PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GUIDEYOU'S ACTS, ERRORS OR OMISSIONS, THE DAMAGES, LOSSES OR INJURIES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE GUIDEYOU PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE GUIDEYOU PARTIES. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
GuideYou reserves the right to terminate these Terms, and your access to and use of the Site or Services (or any portion of the Site or Services) in its sole discretion, without notice and liability, including, without limitation, if GuideYou believes your conduct fails to conform with these Terms. GuideYou also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any -emails you send to the Site or GuideYou. Any violation of these Terms may be referred to law enforcement authorities.
If these Terms or your access to the Site is terminated, cancelled or otherwise ends: (i) we will remove your profile from the Site; and (ii) we may, in our sole discretion, remove and discard any of Your User Content, but we will have no obligation to do so and public posts made by you on the Site may remain on the Site in perpetuity. If you uploaded content you wish to be deleted from the Site, you can email us at [email protected] and we will review your request. Termination, suspension, or cancellation of these Terms or your access to the Site will not affect any right or relief to which GuideYou may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to GuideYou and its licensors.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GuideYou to any registration requirement within such jurisdiction or country. GuideYou makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access outside of the United States. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site and Services or any portion of the Site or Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Services or other feature that we provide.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms shall be governed by and construed in accordance with the laws of the State of California in the United States without giving effect to any principles of conflicts of law. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods. Except to the extent expressly provided in the following paragraph, you hereby agree that any disputes arising under or in connection with these Terms or the Site shall be submitted for resolution to federal and state courts in the State of California, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
All disputes arising under or relating to these Terms shall be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). Neither you nor GuideYou will participate in a class action or class-wide arbitration for any claims covered by these Terms. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in the City of San Francisco in the State of California. The arbitrator's decision shall be based upon the laws of the State of California, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in the State of California shall have such jurisdiction. The foregoing shall not preclude GuideYou or its suppliers and licensors from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).
The failure of GuideYou to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit GuideYou's rights with respect to such breach or any subsequent breaches. No waiver by GuideYou of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of GuideYou. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. GuideYou may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without GuideYou's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against GuideYou by virtue of GuideYou having drafted them.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
You agree that email and other electronic communications can be used as a means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. You hereby consent to receive service of all notices at the email address you provide to us. You understand that, by using or accessing the Site and/or Services, you are waiving any rights to receive notices from us, legal or otherwise, in paper form through the U.S. Postal Service. Any notices to GuideYou must be sent to our corporate headquarters address as set forth on our Website via first class or air mail or overnight courier, to the attention of GuideYou TOU Notice, and is deemed given upon receipt.
ENTIRE AGREEMENT AND OUR RIGHT TO UPDATE THESE TERMS
These Terms, as amended from time to time, constitute the entire agreement that governs your use of the Site and Services and supersedes any prior agreements between you and GuideYou with respect to the subject matter of these Terms.
GuideYou reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site and/or Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site or Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site and Services from that point forward.