Welcome to Tourveyor! By accessing or using our website (the ‘Site’), our mobile applications and any Tourveyor services (collectively, the ‘Services’), you agree to be bound by the Agreement. Our Privacy Policy, Seller Policies and all other policies applicable to your use of the Site are incorporated by reference into this Agreement (collectively, the ‘Additional Policies’). We may periodically make changes to this Agreement (indicated by the date above), which will be posted on the Site and become effective fifteen (15) days following posting for current users, or immediately for new users. Your continued use of the Site indicates your acceptance of the changes to the Agreement. Changes to the Additional Policies, except the Privacy Policy, may be made from time to time without notice and your continued use of the Site or Service constitutes your acceptance of the modified terms of the Additional Policies.

If you reside in the United States, you are contracting with Tourveyor, Inc. (‘Tourveyor’) and its affiliates and subsidiaries.

Please be advised: Section 7 of this Agreement contains an Agreement to Arbitrate, which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration, unless you opt-out. Unless you opt out: (1) you will only be permitted to pursue claims against Tourveyor on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. Using Tourveyor

Ticket Marketplace

Tourveyor is a tour and excursion marketplace that allows users to buy (‘Buyers’) and sell (‘Sellers’) tours and excursions related items (collectively, the ‘tickets’) for tours and excursions. As a marketplace, Tourveyor does not own the tickets on the Site nor does it set prices for tickets. Because Sellers set ticket prices, they may be higher than face value.

Your Account

You must create an account to list, sell or purchase tickets or related passes and you must have a valid credit card or debit card on file (‘Payment Method’). Tourveyor also accepts payment by PayPal. You acknowledge that Tourveyor may charge your payment method for amounts you owe us, costs we incur or other losses arising out of your violation of this Agreement (including the Additional Policies).

Fees

We may charge service, shipping, delivery, fulfillment or other fees for using our Services (collectively referred to as ‘Fees’). Tourveyor reserves the right in its sole discretion to change Fees at any time as it deems appropriate, including after you list your tickets.

In addition, we may collect fees owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. Tourveyor, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information Tourveyor reported to a credit bureau, contact Tourveyor by written notice at: Tourveyor, Inc., 80 Southwest 8th St, Suite 3100, Miami, Florida 33130. If you wish to dispute the information a collection agency reported, contact the collection agency directly.

Listing Tickets

Pricing tickets is the sole responsibility of, and at the sole discretion of, Sellers and must be done in accordance with all applicable laws. Under no circumstances may you list speculative tickets. Please refer to the Seller Policies for other requirements when listing tickets.

Commitment to Supply

By listing a ticket for sale, you are making a binding offer to sell that ticket to a Buyer who purchases the ticket for the price you have specified. When a Buyer accepts your offer by purchasing your ticket through our Site or Services, you are contractually bound to deliver that exact ticket for the specified price and within the required time for delivery. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may a Seller cancel orders at one price and repost the same tickets for a higher price. Failure to fulfill your orders will lead to charges as stated in the Seller Policies.

Taxes

You are solely responsible for the payment of any applicable taxes resulting from your ticket sales. You agree to provide Tourveyor with your Social Security Number or tax ID if necessary for Tourveyor to provide information to the Internal Revenue Service related to payments you receive from us and further authorize Tourveyor to release that information to the IRS or other competent governmental body.

Site Changes and Availability

Tourveyor reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. Tourveyor performs regularly scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods. Tourveyor shall not be in any manner be liable to any Seller or Buyer, during any period of time required for Site maintenance or at any time when the Site is being modified or discontinued, whether temporarily or permanently.

Buying Tickets

When placing an order, you are entering into a binding contract with the Seller to purchase those tickets or related passes. Payment is remitted to Tourveyor and disbursed to the Seller according to our payment policy. All Sales are Final. Except for a canceled tour or excursion, you will not receive a refund for any completed purchase. You cannot change or cancel any order(s) after the sale is complete.

Event Cancellations, Postponement, and other Event Changes

Cancellation: If a tour or excursion is cancelled or does not occur, due to failures in performance resulting from acts beyond the control of the Seller, including, without limitation, acts of God, strikes, lock-outs, riots, acts of war or terrorism, epidemics, governmental regulations imposed after the fact, fire, power failures, earthquakes or other disasters, we will remove the relevant listing(s) and email you information about the cancellation and refund, if applicable. The Buyer will receive a full refund and the Seller will, if he received payment, be charged the amount he received for the original sale. If a Seller needs his tickets to obtain a refund of the original purchase, he must reply to Tourveyor’s cancellation email within two weeks of the event cancellation. Tourveyor shall not in any manner be liable to any Seller or Buyer in the event a tour or excursion is canceled or does not occur.

Postponement or delay: If a tour or excursion is postponed and rescheduled, Tourveyor will work with Buyer on a case-by-case basis attempting to resolve any ticket issues. Sellers cannot resell, invalidate or change the tickets for the rescheduled tour or excursion. If a tour operator requires new tickets for rescheduled tour or excursion, Sellers are expected to deliver the new tickets. Tourveyor reserves the right to cancel orders if new tickets are required. Refunds will not be issued by a Seller for a postponed tour or excursion (unless they are ultimately cancelled).

Other changes: Tourveyor is not responsible for date or time changes. No refunds will be issued in these instances. Tourveyor shall not in any manner be liable to any Seller or Buyer in the event a tour or excursion is postponed and rescheduled.

International Transactions

Your Tourveyor account can also be used to access or transact on Tourveyor.co.uk and the related mobile application (collectively, the ‘International Site’) for tours or excursions located in the United Kingdom. By accessing or transacting through the International Site, you agree to the applicable User Agreement and Privacy Policy.

  1. Abusing Tourveyor

When using the Site or the Services, you agree that you will not do any of the following:

  • Contact or invite contact with other Tourveyor users for any reason or solicit sales outside of Tourveyor;
  • Violate any tour operator rules at any tour or excursion or violate any applicable third party terms of service (for instance, when using our mobile applications);
  • Use our Services if you are not able to form legally binding contracts (for example if you are under 18);
  • Use the Site or the Services for unlawful purposes or in an unlawful manner;
  • Use Tourveyor’s trademarks without our written permission;
  • Copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of Tourveyor and the appropriate third party, as applicable;
  • Use any robot, spider, scraper, or other automated means to access our Site for any purpose without our express written permission;
  • Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Site;
  • Bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services; or
  • Do anything else that Tourveyor determines, in its sole discretion, misuses the Site or Services or otherwise negatively impacts our marketplace

In our effort to protect our Buyers and Sellers we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.

  1. User Content and Ideas

User Content

You own and are solely responsible for any content including images, text, audio or other materials that you submit (‘User Content’).

By submitting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant Tourveyor the right to use your name or image in association with your User Content, if we so choose.

You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify Tourveyor for any and all claims resulting from your User Content including but not limited to legal fees and costs at all stages of litigation.

Tourveyor has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and Tourveyor will not be liable for its use or disclosure.

Ideas

If you submit ideas, suggestions, documents, and/or proposals (‘Ideas’) to Tourveyor, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that Tourveyor may have something similar to the Ideas under consideration or in development.

  1. Protecting Intellectual Property Rights

Tourveyor respects intellectual property rights. If you have a good faith belief that your copyright, trademark or other intellectual property is being infringed, complete a notice of infringement. If you have a good faith belief that your content was mistakenly removed, complete a counter notice. If you repeatedly infringe other people’s intellectual property rights, Tourveyor will terminate your account when appropriate.

  1. Violating the Agreement

Tourveyor may investigate suspected violations of this Agreement or other improper conduct on the Site and you are obligated to cooperate. We may take any action that we deem appropriate in our sole discretion for any actual or suspected violation of the Agreement (including the Seller Policies) or law, if we cannot verify or authenticate information you provided, or if Tourveyor determines that you have abused the Privacy Policy, Seller Policies and all other policies applicable to your use of the Site or otherwise failed to comply with the letter or spirit of our policies (e.g., by deliberately exploiting any policy loopholes). These actions may include, but are not limited to: temporarily or permanently suspending you from using or accessing the Site or Services, removing a listing, requiring you to edit a listing, cancelling a sale, requiring you to send the ticket(s) to the Buyer within a specified time, withholding a payment to you, or charging the Payment Method on file for amounts you owe us or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent accounts or chargebacks and any replacement costs). We reserve the right to report any activity that we believe to be illegal and we will respond to all inquiries initiated by governmental agencies or as otherwise legally required.

  1. Privacy and Communications

All communications between you and Tourveyor are subject to our Privacy Policy.

You agree to receive calls, including autodialed or pre-recorded messages, at the telephone number (including mobile number) associated with your account. If the number we have is a mobile number, you agree to receive SMS or other text messages at that number or on that mobile devices. Standard rates may apply.

You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

  • To contact you for reasons relating to your account or your use of our Sites, Services, application or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
  • To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

In addition, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by Tourveyor so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

  1. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TOURVEYOR HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Tourveyor agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Tourveyor User Agreement your use of or access to the Services, or any products or services sold or purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

  1. Applicable Law

You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Tourveyor, except as otherwise stated in the User Agreement.

  1. Agreement to Arbitrate

You and Tourveyor each agree that any and all disputes or claims that have arisen or may arise between you and Tourveyor relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Tourveyor’s Services, or any products or services sold, offered, or purchased through Tourveyor’s Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND TOURVEYOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TOURVEYOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

2 Arbitration Procedures.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). You may download a form Notice here. The Notice to Tourveyor should be sent to Tourveyor Inc., Attn: Litigation Department, Re: Notice of Dispute, Tourveyor, Inc., 80 Southwest 8th St, Suite 3100, Miami, Florida 33130. Tourveyor will send any Notice to you to the physical address we have on file associated with your Tourveyor account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Tourveyor are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Tourveyor may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Tourveyor at the following address: Tourveyor, Inc. Tourveyor, Inc., 80 Southwest 8th St, Suite 3100, Miami, Florida 33130. In the event Tourveyor initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Tourveyor account. Any settlement offer made by you or Tourveyor shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Tourveyor may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Tourveyor subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Tourveyor may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Tourveyor user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

3 Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Tourveyor will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Tourveyor should be submitted by mail to the AAA along with your Demand for Arbitration and Tourveyor will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Tourveyor will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Tourveyor for all fees associated with the arbitration paid by Tourveyor on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

4 Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

5 Opt-Out Procedure
IF YOU ARE A NEW TOURVEYOR USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO TOURVEYOR INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 80 Southwest 8th St, Suite 3100, Miami, Florida 33130.

For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Tourveyor account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

6 Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Tourveyor prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Tourveyor. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Tourveyor.com at least 30 days before the effective date of the amendments and by providing notice through the Tourveyor Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms

  1. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Tourveyor must be resolved exclusively by a state or federal court located in Miami, Miami-Dade County, Florida. You and Tourveyor agree to submit to the personal jurisdiction of the courts located within Miami, Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.

  1. Applicable Law

Except as otherwise stated, the Agreement shall be governed by the laws of the State of Florida.

  1. Disclaimer of Warranties; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF TOURVEYOR’S SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TOURVEYOR MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT, TOUVERYOR, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOURVEYOR (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS OR RELATED PASSES YOU LIST APPEAR ON THE SITE OR SERVICES;

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.

  1. Release and Covenant Not to Sue

To the fullest extent permitted by law, you release and covenant not to sue Tourveyor, its affiliated companies, and our and their respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. Indemnification

You agree to indemnify and hold Tourveyor and (if applicable) Tourveyor’s parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the ‘Tourveyor Indemnitees’) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Tourveyor and (if applicable) any Tourveyor Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of Tourveyor’s Site or Services, and/or your violation of any law or the rights of a third party.

  1. General Provisions

This Agreement, together with all additional policies referenced above, constitutes the entire agreement between you and Tourveyor relating to your use of our Site or Services. You consent to receive notice by email to the address provided at registration. No amendment, modification or supplement of any provision of this Agreement will be effective unless in writing. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. Tourveyor may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Tourveyor, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of our Services. This Agreement is for your benefit only, not for the benefit of any third party except for Tourveyor’s permitted successors and assigns. The following Sections survive any termination of this Agreement: Fees, Misusing Tourveyor, Consequences, Content, Tax Indemnity, and Disputes with Tourveyor

TO REPORT INFRINGEMENT OF YOUR INTELLECTUAL PROPERTY

If you have a good faith belief that your intellectual property rights have been violated, you can submit a Notice of Claimed Infringement to Tourveyor’s designated agent with the following information:

  • The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on Tourveyor, with enough detail that we may find it on the Site including, whenever possible, the URL;
  • Brief description of how the challenged content infringes the owner’s intellectual property rights;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.

Tourveyor’s designated agent can be contacted as follows: by mail to Tourveyor’s Designated Agent, Tourveyor, Inc., 80 Southwest 8th St, Suite 3100, Miami, FL, 33130; by email to admin@tourveyor.com; by phone at 1.888.654.8687; or by fax to 1.888.654.8687.

TO CHALLENGE A DMCA TAKEDOWN

DMCA Counter-Notice. If you believe that your User 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 User Content, you may send a counter-notice containing the following information to the Designated Agent at the address (es) listed above:

  • Your physical or electronic signature;
  • Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Miami, Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Tourveyor’s Designated Agent, Tourveyor may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User 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 Tourveyor’s sole discretion.