BEYOND THE TOUR
TERMS OF SERVICE
Last Modified: August 8, 2016
1. Scope of Agreement.
1.1. Terms of Service. These terms of service (“Terms of Service”) govern the access and use of the website www.beyondthetour.com, and affiliated websites, features, services, mobile applications, products, software and other services, or any portion thereof (collectively, the “Service”), owned or controlled by Beyond the Tour, LP, or its affiliated companies (“Beyond the Tour” or “we” or “our” or “us”). Affiliated companies are entities that control, are controlled by or are under common control with Beyond the Tour.
2. Intellectual Property.
2.1. Ownership of Marks and IP. Beyond the Tour has no affiliation or rights of any venue, event, sports team or television network listed on the Service. The design, trademarks, service marks, and logos of Beyond the Tour and the Service (“Beyond the Tour Marks”), are owned by or licensed to Beyond the Tour, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Except as otherwise indicated, all copyright rights and other intellectual property rights in the Service and its contents, including any and all Beyond the Tour Marks, content, data, databases, information, text, music, sound, photos, images, graphics, audio, video, software, code, technology, methods, analyses, studies, reports, and other intellectual property contained therein (“Beyond the Tour IP”) are owned by or licensed to Beyond the Tour, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations.
2.2. License. During the term of this Agreement, Beyond the Tour grants you a limited, non-exclusive, non-transferable license to access the Service for your use in accordance with these Terms of Service. Beyond the Tour reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service, or any portion thereof, other than as expressly permitted.
3. Your Account.
3.1. Account Registration. If you choose to register for an account, you must complete the account registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You agree to register only once using a single account. You agree you will not (i) register on behalf of another person; (ii) register under the name of another person or under a fictional name or alias; (iii) choose a username that constitutes or suggests an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; (iv) choose a username for the purposes of deceiving or misleading our users and/or the Beyond the Tour as to your true identity; or (v) choose a username that incorporates a solicitation.
3.2. Account Information. You are entirely responsible for maintaining the confidentiality of your account information and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You should notify us immediately of any known or suspected unauthorized use of your username and password or any other breach of security. Beyond the Tour will not be liable for any loss that you may incur as a result of someone else using your username, password, or account, either with or without your knowledge. You could be held liable for losses incurred by Beyond the Tour or another party due to someone else using your username, password, or account. You may not use anyone else’s account at any time, without the permission of the account holder. Your account is unique to you and may not be transferred to any third party.
3.3. Account Security. Beyond the Tour cares about the integrity and security of your account information. However, Beyond the Tour cannot guarantee that unauthorized third parties will never be able to defeat the Service’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your account information at your own risk.
4. Tours, Prospective Students, Tour Guides.
4.1. Overview. Beyond the Tour is an online platform for prospective college students seeking to engage with current college students all over the country to offer them the most outstanding social experiences, through a customizable tour. We are a marketplace where demand (prospective students) meets supply (tour guides). Through the Service, prospective college students can book an unscripted tour, with current college students all across the nation.
4.2. Tour Guides and Listings. If you are a tour guide, you acknowledge and agree that you are responsible for any and all tour listings you post. Accordingly, you represent and warrant that any tour listing you post and the booking of, or prospective student taking of, a tour in a listing you post (i) will not breach any agreements you have entered into with any third parties; and (ii) will (a) be in compliance with all school policies, guidelines, rules, applicable laws, tax requirements, and regulations that may apply to any tour included in a tour listing you post; and (b) not conflict with the rights of third parties. Please note that Beyond the Tour assumes no responsibility for a tour guide’s compliance with any applicable laws, rules and regulations. Beyond the Tour reserves the right, at any time and without prior notice, to remove or disable access to any tour listing for any reason, including tour listings that Beyond the Tour, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Service.
4.3. Tour Disclaimers.
(a) You understand and agree that Beyond the Tour is not a party to any agreements entered into between tour guides and prospective students, nor is Beyond the Tour an agent or insurer.
(b) The Service is intended to be used to facilitate the connections between tour guides and prospective students. Beyond the Tour cannot and does not control the content contained in any profiles and the condition, legality or suitability of any tours.
(c) Beyond the Tour has no control over the conduct of tour guides, prospective students and other users of the Service or any tours, and disclaims all liability in this regard. Accordingly, the planning or partaking of any tour is at each tour guide’s and/or prospective student’s own risk.
(d) You acknowledge and agree that 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 tour at your request or invitation, excluding the prospective student (and the individuals the prospective student invites to the tour, if applicable).
(e) By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of tour guides, prospective students or other third parties will be limited to a claim against the particular person who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Beyond the Tour with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with your tour guide or prospective student via the Service regarding any bookings or listings.
4.4. Reservations. When a reservation is made by a prospective student on the Service, we deliver the reservation to the respective tour guide and check availability. A reservation is only valid when confirmed by e-mail.
4.5. Payments. All payments for the prospective student will be collected by Beyond the Tour at the time of booking. Tour guides will be paid by Beyond the Tour following completion of the tour. Beyond the Tour accepts PayPal and credit/debit cards.
(b) For Tour Guides: All tour guides must be between 18 and 21 years of age, and enrolled at their respective school.
The Service only allows people with email addresses ending in .edu to apply to be a tour guide. This is how we make sure that our tour guides are actually enrolled at a school.
Our application process requires the following data collection: Name, College/University, Major, Hometown, Short Biography/Personal Interests.
Each tour guide’s profile is verified through Facebook to ensure his or her Facebook profile matches with their Beyond the Tour profile.
(a) For Prospective Students: Booking requests rejected/withdrawn/expired before confirmation: All bookings need to be confirmed within 48 hours. If your booking request is rejected or not confirmed within 48 hours by the tour guide, or when you withdraw the request before confirmation, you are not charged.
Booking Cancelled by the Prospective Student:
More than 10 days before the tour date: You will receive a full refund.
Less than 10 days before the tour date: You won’t receive any refund
Booking cancelled by the tour guide: 100% refund goes back to the prospective student.
(b) For Tour Guides: Booking Requests rejected/withdrawn/expired before confirmation: All bookings must be confirmed within 48 hours. If you reject or don’t confirm within this time range, the booking request expires and no payment will be made to you. This also counts when the prospective student withdraws the booking request before you confirm it. Make sure you click on the “Confirm” button.
Booking Cancelled by the Tour Guide: When you cancel a confirmed booking, you won’t receive any payment. But more importantly: your confirmation rate will be negatively influenced. Are you sure you want to do this? It decreases your chance to receive future bookings.
(c) Cancellation due to outside factors: Certain tours may depend on factors outside either party’s control, such as weather (“Outside Factors”). The tour guide has the discretion as to whether Outside Factors will prevent the tour from taking place. As a tour guide, if you need to cancel a tour due to Outside Factors, you must contact the prospective student and Beyond the Tour (email@example.com) as early as possible. Subject to the prospective student’s consent, the tour guide and the prospective student may choose to reschedule the tour for another date. If the tour cannot be rescheduled, the prospective student should contact Beyond the Tour so we may assist in finding a replacement tour. For clarity, in the event the alternative tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative tour is of a lower price, you may be entitled to a partial refund for the difference. As a prospective student, if you have contacted Beyond the Tour as provided above and Beyond the Tour is unable to find you a replacement tour, Beyond the Tour may refund the fees for such booking to the applicable prospective student within a commercially reasonable time of the cancellation.
4.8. Applicable Taxes. It’s the tour guide’s sole responsibility to determine which taxes are applicable and required to comply with the applicable local tax law and pay any corresponding taxes. These taxes can include, but are not limited to, taxes such as value added taxes, surcharges, sales taxes, personal or corporate income taxes imposed or any other taxes which are levied upon reservations made through our website or the payment thereof. Tour guides represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law.
4.9. Overnight Accomodations. Tour guides may offer prospective students the opportunity to stay overnight in their dorm room or accomodations (“Accomodations”). You acknowledge and agree that, as a prospective student or tour guide, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the tour, including, without limitation, any Accomodations.
4.10. Overstaying without Consent. Prospective students agree that a booking for overnight Accomodations is merely a license granted by the tour guide to the prospective student to enter and use the Accomodations for the limited duration of the overnight booking and in accordance with the prospective student’s agreement with the tour guide. Prospective students further agree to leave the Accommodations no later than the checkout time that the tour guide specifies or such other time as mutually agreed upon between the tour guide and prospective student. If a prospective student stays past the agreed upon checkout time without the tour guide’s consent, they no longer have a license to stay in the Accomodations and the tour guide is entitled to make the prospective student leave. In addition, prospective students agree that the tour guide can charge the prospective student, for each 24 hour period that the prospective student stays over the agreed period without the tour guide’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the tour guide to cover the inconvenience suffered by the Host, plus all applicable service fees, taxes, and any legal expenses incurred by the tour guide to make the prospective student leave (collectively, “Additional Sums”). Beyond the Tour will collect Additional Sums from prospective students.
4.11. Reporting Misconduct. If you stay with or host 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 Beyond the Tour by contacting us with your police station and report number; 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.
5. User Conduct and User Content.
5.1. User Conduct. As a condition of your use of and access to the Service, you agree not to use the Service for any unlawful purpose or in any way that violates these Terms. Any use of the Service in violation of these Terms of Service and may result in, among other things, termination or suspension of your account and your ability to use the Service. You may not engage in any of the following prohibited activities:
(a) Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; collecting or harvesting any personally identifiable information, including account names, from the Service; altering, modifying or creating derivative works of the Service, or any portion thereof;
(b) Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service; accessing any content or features of the Service through any technology or means other than those provided or authorized by the Service;
(c) Transmitting spam, chain letters, or other unsolicited email; using the Service for any commercial solicitation purpose or political campaigning;
(d) Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; uploading invalid data, viruses, worms, or other software agents through the Service; bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or features or enforce limitations on use of the Service or the content or features therein;
(e) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Service infrastructure; interfering with the proper working of the Service;
(f) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or
(g) Disrupting the normal flow of dialogue, causes a screen to “scroll” faster than other Users are able to type, or otherwise negatively affects other Users’ ability to engage in real time exchanges.
(h) The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Beyond the Tour or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose except with Beyond the Tour’s express consent (such as for promoted profiles or other advertisements), which Beyond the Tour may provide or deny in its sole discretion. Beyond the Tour may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
5.2. User Content. As a user with a registered account, you may be able to submit content to the Service, including software code, videos, photos, images, audio, text, information (including, without limitation, Personally Identifiable Information), user comments, and any other content (collectively, “User Content”). You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You further agree that you will not submit to the Service any User Content or other material that is contrary to these Terms of Service or contrary to applicable local, national, and international laws and regulations.
5.3. Representations. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit. You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content without prior notice. By using the Service, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the world, in any media, now known or hereafter devised, on or through the Service any of the following:
(a) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission;
(b) User Content that is indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, inflammatory, untrue, misleading, illegal, invasive of privacy or publicity rights, libelous, slanderous or defamatory. We do not tolerate users harassing, threatening or embarrassing other users, including harassment or denigration based on age, gender, race, religion, national origin, sexual orientation or disability, marital status or veteran status, or the stalking of other users;
(c) User Content that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not include in any User Content either any email addresses or telephone numbers of any person or entity, including your own. You may not use a false email address, impersonate any person or entity (including any other user), or otherwise mislead as to the origin of your User Content;
(d) User Content that is unrelated to the topic or context in which such Content is posted, or that, in the sole judgment of Beyond the Tour, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Beyond the Tour or its affiliates or its users to any harm or liability of any type.
5.4. Rights and License. You retain all of your ownership rights in your User Content. However, by submitting User Content to the Service, you hereby grant Beyond the Tour a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Beyond the Tour’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including for advertising or other commercial use). If we publish your User Content or authorize or license others to do so, your User Content may be edited for length, format, clarity or for any other reason either before or after it is published. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in User Content you submit to the Service terminate within a commercially reasonable time after you remove your User Content from the Service. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your User Content that have been removed. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
5.5. Community Services. Beyond the Tour provides a number of means by which you may communicate with other users and with us, including various communication and personalization tools and services that are part of our Beyond the Tour community (the “Community Services”). The Community Services may include comments, discussion forums, and listings, in which you or other users may post content, messages, materials or other items on the Service. All of your communications made to or through these other means or our Community Services, as well as any attachments to those communications or otherwise submitted to us (such as documents, photographs and videos) are included in the definition of “User Content,” and are subject to the terms for User Content as set forth above. You are solely responsible for your use of such Community Services and use them at your own risk. No action should be taken based upon any of the information contained in the Community Services. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any opinion, advice, or information contained on the Service. All statements, information and other User Content submitted by users are solely the opinions of users, and not of Beyond the Tour. You are responsible for all usage and activity in the Community Services through your username and password, including use of your username and password by any third party. You are responsible for all usage and activity in the Community Services through your username and password, including use of your username and password by any third party. You should be aware that disclosure in the Community Services of your full name, street address or other personal information raises safety concerns and may result in solicitations from third parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Services.
5.6. User Content Disclaimers. We do not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. Beyond the Tour takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is Beyond the Tour liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Beyond the Tour is not liable for any statements, representations or User Content provided by its users. Although Beyond the Tour has no obligation to screen, edit or monitor any of the User Content posted to or distributed through the Service, Beyond the Tour reserves the right, and has absolute discretion, to remove, screen or edit without notice any User Content posted or stored on the Service at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. However, we also reserve the right in our sole discretion to display any User Content that is submitted to us (or to decline to remove any User Content), even if it violates this Agreement. Since not all of the areas of the Service are monitored on a “real time” basis, you may see User Content that violates this Agreement before we do. Please report such items to firstname.lastname@example.org.
6. Copyright Policy.
6.1. Copyright Agent. Beyond the Tour respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to our designated copyright agent (“Copyright Agent”). Our designated Copyright Agent to receive notifications of claimed infringement is:
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
6.2. Claims of Infringement. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted 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;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit Beyond the Tour to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.3. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the arbitration provision of this Agreement, and a statement that you will accept service of notice from the person who provided notification of the alleged infringement;
If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
7. Third Parties.
7.1. Third Party Links. The Service may contain links to third-party advertisers, websites or services. You acknowledge and agree that Beyond the Tour is not responsible or liable for: (i) the availability or accuracy of such advertisements, websites or services, or (ii) the content, products, or resources on or available from such advertisers, websites or services. Links to such advertisers, websites or services do not imply any endorsement by Beyond the Tour of those websites or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.
7.2. Third Party Content. Through the Service, you will have the ability to access and/or use content provided by third parties. Beyond the Tour cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. Beyond the Tour disclaims any responsibility or liability related to your access or use of any third party content.
7.3. Third Party Promotions. Some third parties may promote sweepstakes, competitions, promotions, and other similar opportunities on the Service (“Third Party Promotions”). Beyond the Tour is not the sponsor or promoter of these Third Party Promotions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Promotions. If you wish to participate in any of these Third Party Promotions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third Party Promotions in your jurisdiction.
7.5. Third Party Listings. All event and venue listings are provided by third party providers (“Third Party Providers”). We do not warrant and shall not be liable for the quality of any third party products, services, information, or other material obtained by you through the Service.
7.6. Errors, Inaccuracies and Omissions. Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions that may relate to venues, schedules, or event listings. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. Fees, Payments and Changes.
8.1. Fees. Beyond the Tour reserves the right at any time to charge fees for access to the Service, or any portion thereof. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. You may cancel your account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not our responsibility. Refunds and exchanges shall be subject to our refund and exchange policies, in the applicable additional terms, as may be made available by us and updated by us from time to time.
8.3. Changes. We reserve the right, with or without prior notice, to: change descriptions or references to products, subscriptions, software or services; limit the available quantity of any products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions (collectively, the “Rewards Program”); and/or refuse to provide any user of the Service with any products, subscriptions, software or services. We may modify the Rewards Program, any points, or the terms that govern their usage, at our sole discretion, and such modifications may make the Rewards Program points more or less common, valuable, effective, or functional.
9. Mobile Services.
9.1. “Mobile Services” means certain software and services that are available via a mobile device, including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to use the Service from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device.
9.2. Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
9.3. Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Beyond the Tour and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Beyond the Tour account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Beyond the Tour account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
11. Termination, Suspension, and Restrictions, and Survival of Terms.
11.1. Termination, Suspension, and Restrictions. Beyond the Tour may terminate or suspend your access to or ability to use the Service immediately, without prior notice or liability, for any reason or no reason, including breach of this Agreement. In particular, Beyond the Tour may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use the Service, your right to use or access the Service will immediately cease. Beyond the Tour may change, restrict access to, suspend, or discontinue any aspect of the Service at any time, including availability of any feature, database, or content. Beyond the Tour may also impose limits on certain features and services or restrict your access to all or parts of the Service without notice or liability.
11.2. Survival of Terms. This Agreement’s terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Beyond the Tour or any third party.
12. General Disclaimers. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEYOND THE TOUR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEYOND THE TOUR DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. BEYOND THE TOUR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR DATA ON THE SERVICE, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. BEYOND THE TOUR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY OTHER ADVERTISING, AND BEYOND THE TOUR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF PRODUCTS OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13. Limitations of Liability. IN NO EVENT SHALL BEYOND THE TOUR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), OR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR DATA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEYOND THE TOUR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BEYOND THE TOUR SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL BEYOND THE TOUR’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICE DURING THE PRIOR SIX (6) MONTHS.
14. Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Beyond the Tour, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service (including, without limitation, Mobile Services); (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a user or third party. Beyond the Tour may assume the exclusive defense and control of any matter for which users have agreed to indemnify Beyond the Tour and you agree to assist and cooperate with Beyond the Tour in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Service.
15. Dispute Resolution.
15.1. Mandatory Arbitration. For any dispute you have with Beyond the Tour, you agree to first contact Beyond the Tour and attempt to resolve the dispute informally. If Beyond the Tour has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in North Carolina, in the United States. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This arbitration agreement survives the termination of this Agreement between you and Beyond the Tour.
15.2. Waivers of Class Action and Trial by Jury. You and Beyond the Tour both waive any right to participate in any class action involving disputes between us, and you and Beyond the Tour are each waiving the right to a trial by jury. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the waiver of the right to trial by jury set forth in this Section will remain in full force and effect.
15.3. Other Remedies. Notwithstanding the foregoing, either party may bring an individual action in small claims court. Nothing in this Section precludes you from bringing issues to the attention of federal, state or local agencies. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
15.4. Time Limitations. YOU AND BEYOND THE TOUR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
16. Notice for California Users. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Users From Other Jurisdictions. By accessing or using the Service, or submitting information, you acknowledge that you accept the practices and policies outlined in this Agreement and consent to having your data transferred to and processed in the United States. If you do not agree to the terms of this Agreement, please do not use the Service. The Service is controlled and operated by Beyond the Tour from the United States. We do not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Service and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Service, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
19. Contact Information. If you have any questions, feedback or to report a violation regarding these Terms of Service, you may email us at firstname.lastname@example.org or contact us by mail addressed to:
Beyond the Tour, LP
3929 Pallas Way
High Point, NC, 26265
20. Issues and Complaints. In case of a complaint about, or issue with the platform, app or services, please contact Beyond the Tour at email@example.com or (336) 309-8735 to resolve the problem. In case of a complaint about an event you agree to contact Beyond the Tour within 1 day after the complaint has arisen and you agree to cooperate with and assist Beyond the Tour in good faith and you agree to provide Beyond the Tour with such information and take such actions as may be reasonably requested by Beyond the Tour. As a tour guide you agree that in case of a no show or dissatisfactory deviations in the event caused by you, the guest will be refunded and you won’t receive payment. As a guest you understand that in case of a no show or no completion of/interruptions during the event caused by you, you as a prospective student are responsible for any damages up to the amount paid. In case of any damage claims or other complaints related to the event exceeding the amount paid, Beyond the Tour will mediate in finding a reasonable solution between prospective student and current college student tour guide.