, Service Agreement
and Copyright Policy (available below), each of which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) OR MANAGER THEIR BUSINESS (DEFINED BELOW) FOR TRAVEL RELATED SERVICES AND EXPERIENCES (DEFINED BELOW) AND TRAVELERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH TRAVEL RELATED SERVICES AND EXPERIENCES. YOU UNDERSTAND AND AGREE THAT TOURED IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND TRAVELERS, NOR IS TOURED AN AGENT OR INSURER. TOURED HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, TRAVELERS, OTHER USERS OF THE SERVICES OR ANY TRAVEL RELATED SERVICES AND EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Toured Content" means all Content that Toured makes available through the Services, including any Content licensed from a third party, but excluding User Content.
"Collective Content" means User Content and Toured Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Provider" means a User who creates a Listing via the Services.
"Listing" means a Travel Related Service or Experience that is listed by a Provider as available for Booking via the Services.
"User" means a person who completes Toured's account registration process, including, but not limited to Providers and Travelers, as described under "Account Registration" below.
"Booking" means reserving or purchasing a Service with a Provider on the Site.
"User Content" means all Content that a User posts, uploads, publishes, submits or transmits through the Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
"Traveler" means a User who requests a Booking via the Services, or a User who engages with a Provider and is not the Provider.
Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have additional terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Toured reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of an Travel Related Services or Experience. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
The Services can be used to facilitate the listing, destination discovery, reviews blogs and booking of flight, hotel, unique lodging and rentals, leisure services, activities or travel related services (“Experiences”). Such Experiences are included in Listings on the Services by Providers. You may view Listings as an unregistered visitor to the Services; however, if you wish to book an Experience or create a Listing, you must first register to create a Toured Account (defined below).
As stated above, Toured makes available a platform or marketplace with related technology for Travelers and Providers to meet online and arrange for bookings of Experiences. Toured is not an operator of tours, activities or other Experiences, nor is it a provider of tours, activities or other Experiences and Toured does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services. Toured’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Provider for the purpose of accepting payments from Travelers on behalf of the Provider.
NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF EXPERIENCES. TOURED CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. TOURED IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EXPERIENCES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER’S OWN RISK.
In order to access certain features of the Services, and to book an Experience or create gain service set forth in the Service Agreement, you must register to create an account (“Toured Account”) and become a User. You may register to join the Services directly via the Site or Application or as otherwise described in this section.
You may also be able to register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Twitter, Google+); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your Toured Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Toured through the Services; or (ii) allowing Toured to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Toured and/or grant Toured access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Toured to pay any fees or making Toured subject to any usage limitations imposed by such third party service providers. By granting Toured access to any Third Party Accounts, you understand that Toured may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Services via your Toured Account and Toured Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Toured Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Toured’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your Toured Account and your Third Party Accounts, at any time, by accessing the “My Account” section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Toured makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Toured is not responsible for any SNS Content.
We will create your Toured Account and your Toured Account management page or pages for your use of the Services based upon the personal or business information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Toured Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Toured reserves the right to suspend or terminate your Toured Account and your access to the Services if you create more than one (1) Toured Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. Toured requires Users to validate their account according to the Users provided email. Toured will provide the new User with a responsible amount of time to confirm their email. Users are required to confirm their email before certain User services become available. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Toured Account, whether or not you have authorized such activities or actions. You will immediately notify Toured of any unauthorized use of your Toured Account.
As a User, you begin using the Toured Service. To this end, you will be asked a variety of questions about your business and required to submit data in the execution of manageing your business, including, but not limited to, the location, capacity, itinerary, features, availability of the Experience and pricing and related rules and financial terms. Listings will be made publicly available via the Services. Users will be able to book your Experience via the Services based upon the information provided in your Listing. You understand and agree that once a Traveler requests a booking of your Experience, the price for such booking may not be altered for that booking.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveler taking of, an Experience in a Listing you post (i) will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Experience included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, bed tax, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties. Please note that Toured assumes no responsibility for a Provider’s compliance with any applicable laws, rules and regulations. Toured reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Toured, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services or its Users.
You understand and agree that Toured does not act as an insurer or as a contracting agent for you as a Provider. If a Traveler requests a booking of your Experience and participates in your Experience, any agreement you enter into with such Traveler is between you and the Traveler and Toured is not a party thereto. Notwithstanding the foregoing, Toured serves as the limited authorized agent of the Provider for the purpose of accepting payments from Travelers on behalf of the Provider and is responsible for transmitting such payments to the Provider, subject to these Terms. When you create a Listing, you may also choose to include certain requirements which must be met by the Users who are eligible to request a booking of your Experience. Any User wishing to book Experiences included in Listings with such requirements must meet these requirements. If you book an Experience and are unable to complete or participate in the Experience upon arrival, Users are subject to our Refund Policy.
If you are a Provider, Toured may make certain tools available to you to help you to make informed decisions about which Users you choose to confirm for booking for your Experience. You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Experience at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Experience, if applicable.) Toured recommends that Providers obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers (and the individuals the Traveler invites to the Experience, if applicable) while participating in your Experience.
Toured does not endorse any Users or any Experiences. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any User’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Users.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Toured with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Provider against Toured regarding the remittance of payments received from a Traveler by Toured on behalf of a Provider, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms for Providers
Except in the case of a Pre-Approved Event (as defined below), if you are a Provider and a booking is requested for your Experience via the Services, you will be required to either confirm or reject the booking within the specified timeframe (which is generally within 24-72 hours of when the booking is requested, as determined by Toured in its sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking of an Experience within the specified timeframe, any amounts collected by Toured for the requested booking will be refunded to the applicable Traveler’s credit card and any pre-authorization of such credit card will be released. You may be able to create a Listing that is pre-scheduled for a specific time and date, where the Traveler’s booking may be automatically confirmed (a “Pre-Approved Event”).
When a booking is requested via the Services, we may share with you the first and last name of the Traveler who has requested the booking and a link to the Traveler’s Toured Account profile page.
The fees displayed in each Listing are comprised of the Experience Fees (defined below) and the Traveler Fees (defined below). Where applicable, Taxes may be charged in addition to the Experience Fees and Traveler Fees. The Experience Fees, the Traveler Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Traveler solely relating to a Provider’s Experience are the “Experience Fees”. Please note that it is the Provider and not Toured which determines the Experience Fees. Toured charges a fee to Travelers of three percent (3.25%) of applicable Experience Fees which are the “Traveler Fees”. The Traveler Fees are added to the Experience Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Toured will collect the Total Fees at the time of booking confirmation (i.e. when the Provider confirms the booking within the specified timeframe) and will initiate payment of the Experience Fees (less Toured’s Provider Fees (defined below)) to the Provider within 24 hours of when the Traveler arrives at the applicable Experience (except to the extent that a refund is due to the Traveler). However, please note that we will not be responsible for delays in remitting Experience Fees, which can vary based on the bank, currency, location, etc.
Appointment of Toured as Payment Agent for Provider
Each Provider hereby appoints Toured as the Provider’s limited agent solely for the purpose of collecting payments made by Travelers on behalf of the Provider. Each Provider agrees that payment made by a Traveler to Toured shall be considered the same as a payment made directly to the Provider and the Provider will make the Experience available to Traveler in the agreed upon manner as if the Provider has received the Experience Fees. Each Provider agrees that, Toured may, in accordance with Toured’s cancellation policy, (i) permit the Traveler to cancel the booking and (ii) refund to the Traveler that portion of the Experience Fees specified in Toured’s cancellation policy. In accepting appointment as the limited authorized agent of the Provider, Toured assumes no liability for any acts or omissions of the Provider. Please note that Toured does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Toured reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings in accordance with the Modification Section of these Terms. Please note that Toured will provide notice of any Listing fee collection via the Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Travelers
The Providers, not Toured, are solely responsible for honoring any confirmed bookings and making available any Experiences reserved through the Services. If you, as a Traveler, choose to enter into a transaction with a Provider for the booking of an Experience, you agree and understand that you will be required to enter into an agreement (including releases) with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Provider. You acknowledge and agree that you, and not Toured, will be responsible for performing the obligations of any such agreements, that Toured is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Toured disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Toured is not a party to any agreements between you and the Provider, Toured acts as the Provider’s payment agent for the limited purpose of accepting payments from you on behalf of the Provider. Upon your payment of amounts to Toured which are due to the Provider, your payment obligation to the Provider for such amounts is extinguished, and Toured is responsible for remitting such amounts, less Toured’s Provider Fees, to the Provider. In the event that Toured does not remit any such amounts to a Provider, such Provider will have recourse only against Toured.
Listings for Experiences will specify the Total Fees. As noted above, except in the case of Pre-Approved Event, the Provider is required to either confirm or reject the booking within the specified timeframe (which is generally within 24-72 hours of when the booking is requested, as determined by Toured in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Provider), any amounts collected by Toured will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Application, and any pre-authorization of such Traveler’s credit card will be released, if applicable.
You agree to pay Toured for the Total Fees for any booking requested in connection with your Toured Account if such requested bookings are confirmed by the applicable Provider. In order to establish a booking pending the applicable Provider’s confirmation of your requested booking, you understand and agree that Toured, on behalf of the Provider, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or debit card for the Total Fees or (ii) charge your credit card or debit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once Toured receives confirmation of your booking from the applicable Provider, Toured will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Toured cannot control any fees that may be charged to a Traveler by his or her bank related to Toured’s collection of the Total Fees, and Toured disclaims all liability in this regard.
Providers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will note if a Security Deposit is required for the applicable Experience, the amount of any such Security Deposit and whether such Security Deposit is non-refundable. If a Security Deposit is included in a Listing for a confirmed booking of Experience, Toured will, in its capacity as the payment agent of the Provider, use its commercially reasonable efforts to obtain a pre-authorization of the Traveler’s credit card in the amount the Provider determines for the Security Deposit within a reasonable time prior to the Traveler’s check-in at the applicable Provider’s Experience. Toured will also use its commercially reasonable efforts to address Providers’ requests and claims related to Security Deposits, but Toured is not responsible for administering or accepting any claims by Providers related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for providing the Services, Toured collects service fees from Providers and Travelers (“Service Fees”). Service Fees are made up of two (2) components: (i) Traveler Fees (determined as provided above) and (ii) a fee that is charged to the Provider based upon a percentage of the amount of the Experience Fees (“Provider Fees”). Where applicable, Taxes may also be charged in addition to the Provider Fees. Provider Fees are deducted from the Experience Fees before remitting the Experience Fees to the Provider, within 24 hours of when the Traveler arrives at the applicable Experience (however, please note that we will not be responsible for delays in remitting Experience Fees, which can vary based on the bank, currency, location, etc.). Traveler Fees are, as noted above, included in the Total Fees. Balances will be remitted by Toured to Providers via check, direct deposit or other payment methods described on the Site or via the Application, in the Provider’s currency of choice, depending upon the selections the Provider makes via the Services. Please note that for any payments by Toured in currencies other than U.S. dollars, Toured may deduct foreign currency processing costs from such payments. Service Fees are non-refundable.
Traveler Cancellations and Refunds
If, as a Traveler, you cancel your requested booking before the requested booking is confirmed by a Provider, Toured will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.
You agree to pay Toured for the Total Fees for any booking requested in connection with your Toured Account if such requested bookings are confirmed by the applicable Provider. Once your booking is confirmed by the applicable Provider, your Experience is non-refundable, except as provided below. If, as a Traveler, you wish to cancel a confirmed booking made via the Services, the cancellation policy as provided below will apply to such cancellation. For each such policy, you will remain liable for the non-refundable Traveler Fee and any non-refundable Security Deposit. By default, the Standard Cancellation Policy (described below) will apply to such cancellation. However, some unique Experiences require a higher level of protection due to the nature of the Experience and the expenses involved. The Strict Cancellation Policy (described below) will apply to such cancellation if the Provider has noted in the relevant Listing that such policy applies. As a Provider, you may only apply the Strict Cancellation Policy to a Listing if you obtain prior permission from Toured, by contacting us at firstname.lastname@example.org. Further details regarding refunds and cancellation policies are available via the Site and Application.
Standard Cancellation policy applies up to 48 hours before scheduled start of Experience: If, as a Traveler, you notify the Provider of the cancellation more than 48 hours before the Experience begins, you will receive a 100% refund, minus taxes and fees Less than 48 hours before scheduled start of Experience: If, as a Traveler, you notify the Provider of the cancellation less than 48 hours (but more than 24 hours) before the Experience begins, you will receive a 50% refund, minus taxes and fees. Less than 24 hours before scheduled start of Experience: If, as a Traveler, you notify the Provider of the cancellation less than 24 hours before the Experience begins, arrive more than 15 minutes late, or begin the Experience and decide to leave early, you will not receive a refund and the entire Experience cost is non-refundable. Providers in good faith, where available, my offer to reschedule the Experience but are not obligated to make any such arrangements. You acknowledge and agree that, notwithstanding the fact that Toured is not a party to any agreements between you and the Provider, if an Experience is rescheduled under conditions arranged between the Traveler and Provider.
Strict Cancellation policy applies up to 30 or more days before Experience: If, as a Traveler, you notify the Provider of the cancellation more than 30 days before the Experience, you will receive a 100% refund, minus taxes and fees. For clarity, such cancellations must be made 30 full days in advance (prior to 12:00 AM local time of the Provider on the date the Experience is scheduled to begin).
Less than 30 days before Experience: If, as a Traveler, you notify the Provider of the cancellation less than 30 days before the Experience begins, arrive more than 15 minutes late, or begin the Experience and decide to leave early, you will not receive a refund and the entire Experience cost is non-refundable.
Regardless of whether the Standard Cancellation Policy or Strict Cancellation Policy applies to the cancellation of a particular Experience, Toured retains sole discretion to make case-by-case cancellation decisions. If you are a Traveler, please contact us immediately at email@example.com if unforeseen circumstances should arise that prevent you from taking the Experience (for example, a death in the Traveler’s family or political unrest at the location of the Experience). If you are a Provider, you hereby acknowledge that Toured retains sole discretion with respect to cancellation of Experiences.
Provider Cancellations and Refunds
If a Provider cancels a confirmed booking made via the Services, (i) Toured will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation and (ii) the Traveler may receive an email or other communication from Toured containing alternative Listings and other related information. If the Traveler requests a booking from one of the alternative Listings and the Provider associated with such alternative Listing confirms the Traveler’s requested booking, then the Traveler agrees to pay Toured the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Terms. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. If a Provider cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Toured, please contact Toured at firstname.lastname@example.org.
Cancellation in the Event of Inclement Weather
Certain Experiences may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Provider has the discretion as to whether the weather conditions will prevent the Experience from taking place. As a Provider, if you need to cancel an Experience for reasons of inclement weather, you must contact the Traveler and Toured (at email@example.com) as early as possible. Subject to the Traveler’s consent, the Provider and the Traveler may choose to reschedule the Experience for another date. As a Traveler, you acknowledge that any such determinations of weather related conditions and circumstances are at the sole discretion of the Provider. As a Provider, you acknowledge your responsibility in providing an Experience under reasonable weather related conditions appropriate to the nature of the Experience.
If the Experience cannot be rescheduled, as a Traveler, please contact Toured so we may assist in finding a replacement, non-weather-dependent Experience. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference.
As a Traveler, if you have contacted Toured as provided above and Toured is unable to find you a replacement Experience, Toured may refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.
Some Providers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Provider does in fact make the donation he or she pledged to make.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Toured cannot and does not offer Tax-related advice to any Users of the Services. Additionally, please note that each Provider is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
As part of the Services, Toured may provide a feature through which Users may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Traveler) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Provider. The currency in which you will be charged may be determined by Toured based on the payment method you select and the location of the Experience in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Provider to receive payment, Toured will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Toured has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Toured would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Toured would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Toured makes payment to a Provider.
As a Traveler, you are responsible for leaving the all personal, real or other property associated with an Experience (including equipment, vehicles, spaces, living space and other property) in the condition it was in when you arrived. You acknowledge and agree that, as a Traveler, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to attend, participate in, or otherwise provide access to, the Experience. In the event that a Provider claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Toured Account. Toured also reserves the right to charge the credit card on file in your Toured Account, or otherwise collect payment from you and pursue any avenues available to Toured in this regard, including using Security Deposits, in situations in which you have been determined, in Toured’s sole discretion, to have damaged any Experience, including, but not limited to, in relation to any payments made by Toured to Providers. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Experience to the applicable Provider or to Toured (if applicable).
Both Travelers and Providers agree to cooperate with and assist Toured in good faith, and to provide Toured with such information and take such actions as may be reasonably requested by Toured, in connection with any complaints or claims made by Users relating to Experiences or any personal, real or other property associated with an Experience or with respect to any investigation undertaken by Toured or a representative of Toured regarding use or abuse of the Services. If you are a Traveler, upon Toured’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Provider, at no cost to you, which process will be conducted by Toured or a third party selected by Toured, with respect to losses for which the Provider is requesting payment from you.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Experiences;
- “stalk” or harass any other User of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Toured Traveler or Provider;
- offer, as a Provider, any Experiences that you do not yourself have permission to provide (without limiting the foregoing, you will not list Experiences as a Provider if you are serving in the capacity of an agent for a third party);
- offer, as a Provider, any Experience that may not be provided pursuant to the terms and conditions of an agreement with a third party;
- register for more than one Toured Account or register for a Toured Account on behalf of an individual other than yourself;
- contact a Provider for any purpose other than asking a question related to a booking, such Provider’s Experiences or Listings;
- contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Services;
- when acting as a Traveler or otherwise, recruit or otherwise solicit any Provider or other Member to join third party services or websites that are competitive to Toured, without Toured’s prior written approval (for clarity and without diminishing any of Toured’s rights to enforce these Terms, Toured may cancel such offending Member’s Toured Account, permanently block such Member from access to the Service, and take any legal action Toured deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law);
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing);
- use automated scripts to collect information or otherwise interact with the Services;
- use the Services to find a Provider or Traveler and then complete a booking of an Experience transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Toured’s provision of the Services;
- as a Provider, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame any portion of the Services, or any individual element within the Services, Toured’s name, any Toured trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Toured’s express written consent;
- access, tamper with, or use non-public areas of the Services, Toured’s computer systems, or the technical delivery systems of Toured’s providers;
- attempt to probe, scan, or test the vulnerability of any Toured system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Toured or any of Toured’s providers or any other third party (including another user) to protect the Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Toured will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Toured may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that Toured has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Toured reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Toured, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
at www.toured.com/privacy-policy and for information and notices concerning Toured’s collection and use of your personal information.
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of Toured and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Toured a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. Toured does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Toured the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Toured’s use of the Member Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Toured is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Toured of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Toured used herein are trademarks or registered trademarks of Toured. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Toured and you hereby irrevocably assign to Toured and agree to irrevocably assign to Toured all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Toured’s request and expense, you will execute documents and take such further acts as Toured may reasonably request to assist Toured to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Toured respects copyright law and expects its users to do the same. It is Toured’s policy to terminate in appropriate circumstances the Toured Accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your Toured Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Toured terminates these Terms, or your access to the Services or deactivates or cancels your Toured Account you will remain liable for all amounts due hereunder. You may cancel your Toured Account at any time by sending an email to email@example.com. Please note that if your Toured Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TOURED DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOURED EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TOURED MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TOURED MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EXPERIENCES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOURED OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR TRAVELERS. YOU UNDERSTAND THAT TOURED DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY EXPERIENCES. TOURED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TOURED OR TAKE PLACE DURING AN EXPERIENCE. NOTWITHSTANDING TOURED’S APPOINTMENT AS THE LIMITED AGENT OF THE PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE PROVIDERS, TOURED EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
AS THE TRAVELER, YOU ACKNOWLEDGE THE INHARRENT RISKS THAT EXPERIENCES CONTAIN BASED ON THE NATURE OF CONDITIONS AND PARTICIPATION OF AN EXPERIENCE. AS A PROVIDER, YOU ACKNOWLEDGE YOUR REASONABLE RESPONSOBILITIES TO DECLARE THE COMPETE NATURE OF AN EXPERIENCE ADN DISCLOSE POTENTIAL RISKS. NOTWITHSTANDING TOURED’S APPOINTMENT AS THE LIMITED AGENT OF THE PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE PROVIDERS, TOURED EXPLICITLY DISCLAIMS ALL LIABILITY OF INJURLY, LOSS OF LIFE, LOSS OF PROPERTY OR DISTRESS BY THE PROVIDER, THE EXPERIENCE, CONDUCT OF A PROVIDER OR ITS AGENTS, EMPLOYEES, CONTRACTORS OR OTHERWISE PERSONAL USED TO FULLFILL AN EXPERIENCE, OR AS A RESULT OF WILLFULLY PARTICIPATING IN THE EXPERIENCE. YOU AS A TRAVELER, ACCEPT WILLFULL PARTICIPATION OF AN EXPERIENCE WHEN YOU COMPLETE A BOOKING AND OR DO NOT CANCEL ACCORDING THE CANCELLATION POLICY SET FORTH ABOVE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EXPERIENCES VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TOURED NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOURED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL TOURED’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY EXPERIENCE OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY TOURED TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOURED AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Toured and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; and (c) your (i) interaction with any User, (ii) booking of an Experience, (iii) creation of a Listing or (iv) the use, condition or quality of an Experience, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking an Experience.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) neither you nor your listed Experience is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Toured does not permit Listings associated with certain countries due to U.S. embargo restrictions.
If you participate in or provide an Experience with anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Toured by contacting us with your police station and report number at firstname.lastname@example.org, provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Toured and you regarding the Services and Collective Content, and any bookings or Listings of Experiences made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Toured and you regarding bookings or listings of Experiences, the Services and the Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Toured’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Toured may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Toured (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of Montana and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Flathead County, Kalispell, Montana or a United States District Court located in Missoula, Montana for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at email@example.com. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if Toured has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Toured will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $50,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Toured and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
References to “Toured”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Toured are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Toured should be addressed to 9206 Capobella, Aliso Viejo, California, United States of America, 92656 (“Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Toured and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Toured may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Toured or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Toured is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Toured and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Toured will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $50,000 in damages, the payment of these fees will be governed by the AAA Rules. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND TOURED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Toured agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if Toured makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
The failure of Toured to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Toured. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any Application, please contact Toured at firstname.lastname@example.org.