TERMS OF SERVICE
LAST UPDATED: JULY 18, 2016
By using our website, you agree to these Terms and Conditions (“Terms”). We reserve the right to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for any updates or changes. By using our website after we post any changes to the Terms, you agree to accept those changes, whether or not you have reviewed them.
The Terms are a contract between you, the user, and TourExec, LLC (“we,” “us,” “the company”). We operate the TourExec website, www.tourexec.com and other related products and services. By using our website or any of our other services, you are agreeing to be bound by these Terms. If you don’t agree to some or all of these Terms, your only remedy is to not use our website and services. If you violate any of the Terms, we will terminate your right to use our website and services. We reserve the right to refuse service to anyone for any reason at any time.
Our website and services are only available only to people who can form legally binding contracts under the law applicable to these Terms. Our website and services are not available to minors (under 18 years of age). If you don’t qualify as an authorized user, you are not permitted to use our website or services and no contract will be formed between you and us. As a condition of your use of our website and services, you agree to give us true, accurate, current and complete information as prompted by the registration forms, when registering for or using our website and services, and to update and maintain the accuracy and completeness of the information.
Some areas of our website are available only to registered business users. Registered users agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our website.
All right, title, and interest in and to our website and services, including the TourExec, LLC brand, name, and domain name,, text, graphics, logos, icons, images, audio and video clips, digital downloads, and software, are and will remain the exclusive property of us and our licensors. The content on the TourExec website is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Nothing in these Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. You acknowledge that ownership in any intellectual property rights (including patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in our services belongs to us. Accordingly, any part of our services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing our services.
PROTECTING YOUR ACCOUNT
Some parts of our website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
LICENSE AND SITE ACCESS
TourExec, LLC grants you a limited license to access and use our website. This license does not include the right to download any material (other than routine page caching) or modify any material without our express written consent. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. No portion of this website (any or all of it) may be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written permission. You may not use meta tags or any other hidden text utilizing the TourExec name or trademarks without our express written consent. Any unauthorized use of our website voids the limited license granted by us.
CONTENT SUBMITTED BY USERS
Businesses who submit tour information and other content to our web site grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Businesses agree that this license includes the right for us and other users of our services to make the content available to others for publication, distribution, syndication, or broadcast on other media and services, subject to our terms and conditions for content use. These additional uses by us or others may be made with no compensation paid to the user who submitted it.
Users also represent, warrant and agree that they have not and will not contribute any content that (1) infringes, violates or otherwise interferes with any copyright or trademark of another party; (2) reveals any trade secret; (3) infringes any intellectual property right of another or the privacy or publicity rights of another, (4) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (5) creates an impression that is incorrect, misleading, or deceptive; (6) contains other people’s private or personally identifiable information without their express authorization and permission; and/or (7) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right to remove any content, suspend, remove or terminate access to our services at any time, or pursue any other remedy or relief available under equity or law. The best thing to do before submitting content is to ask yourself beforehand if what you submit could potentially harm someone else (or their computer) or violate anyone else’s rights.
These Terms apply only to our website and not to any other websites. Our website may include links to other websites, resources, or services. You acknowledge and agree that we are not responsible for the availability of these other websites, and we do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from other websites, resources, or services. You further agree that, under no circumstances, will we be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you by your use of or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
LIMITATION OF LIABILITY
Our website displays information that is provided by the businesses whose services we feature. We have no control over the information that the businesses provide to us, and we have no control over the availability of their services. We cannot guarantee the pricing, availability, quality, timing or failure to provide any of the services featured on our website.
Our services are provided by the company on an “as is” and “as available” basis. We make no warranties, either expressed or implied, regarding the operation of our services. Under no circumstances will we be liable to you on account of your use or misuse of or reliance on the services arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability applies to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether a claim is based on warranty, contract, tort (including negligence), or otherwise (even if we have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from:
- use or misuse of and reliance on the services
- inability to use the services
- the interruption, suspension, or termination of the services (including damages incurred by third parties or as a result of your registering for company services via third parties)
This limitation also applies to the costs of procurement of substitute goods or services, lost profits, or lost data. The limitation further applies with respect to the performance or non-performance of the services or any information or merchandise that appears on, or is linked or related in any way to, the services. The limitation applies notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You also waive the right to bring or assert any claim against us relating to any dealings with any store whose products are offered on our website, and release us from any and all liability for or relating to any interactions or dealings with such stores.
We do not guarantee the availability, content or price of, any of the products or services offered on our website. You acknowledge that at any time, businesses whose services are offered on our website may change their prices or cancel or amend their services, with or without notice to you, and that we are not responsible for any such changes. You agree that should you rely on the availability, content or prices offered on our website, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any business whose services are offered on our website, whether purchased through our web site or directly from the business, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such business exclusively and do not involve us. You agree that your submission of an order for a particular service is not a guarantee of the availability of such product.
We will do our best to ensure that technology services provided directly by TourExec are available twenty-four hours a day, seven days a week. However, there will be occasions when such services will be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of God, or other situations. We will make reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the company services.
You also acknowledge and accept that there may be technical downtime with company services. You agree that your access and use of the company services is at your own risk. You understand and agree that the company services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of our services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify us and our employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the company services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed to the company including infringement of intellectual property laws or civil or criminal claims. We will use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
By visiting our website or otherwise accessing our services, you agree that the laws of the District of Columbia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the company.
MODIFICATION OF SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the company services (or any part thereof) with or without notice. Prices of all company products and services are subject to change. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the company services.
We reserve the right to modify, alter, delete and update these Terms of Service at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Continued use of the Services after any such changes shall constitute your consent to such changes.
FURTHER INFORMATION AND SUPPORT
PURCHASE AND PAYMENT
- Businesses that utilize TourExec to offer tour reservations offer these services for purchase on our website
- When you sign up for a tour reservation on our website, you agree to make the agreed upon payment to the business
- Any disputes regarding payment, refunds, or delivery of services between customers purchasing tour reservations and businesses offering those reservations on TourExec must be dealt with between those customers and businesses, not through TourExec
- TourExec is not responsible for refunding tour reservations. The business may refund the reservation at their discretion
TourExec charges a booking fee for each transaction. This is in addition to Stripe's fees as outlined on their web site at https://stripe.com/us/pricing.
TourExec's fees are detailed on the Fees page within your account, at http://tourexec.com/admin/fees. By accepting reservations you agree to follow the fees and policies outlined on that page.
TourExec may change its booking fee with 30 days e-mail notice to customers. Notice e-mails will be sent to the business's administrative e-mail address (the e-mail with which the business first signed up) and to its customer support e-mail address if provided during the signup process.
USE OF MATERIALS AND COPYRIGHT
- All content on our website is copyright protected and therefore cannot be distributed or copied without permission
OUR GENERAL CUSTOMER POLICY
We are always trying to improve our service and welcome your comments. All feedback should be sent to support [at] tourexec [dot] com.