TourGuy
 

Terms and Conditions

NOTICE: PLEASE CAREFULLY READ THIS USER AGREEMENT (THIS "AGREEMENT") BEFORE USING THE TOURGUY.COM, LLC (HEREINAFTER REFERRED TO AS “TOURGUY.COM”) WEB SITE (THE "SITE"). PLEASE BE ADVISED THAT YOUR USE OF THE SITE AND ANY TOURGUY.COM SERVICES AND/OR PRODUCTS ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. BY USING THE SITE AND ANY OF TOURGUY.COM’S SERVICES AND/OR PRODUCTS YOU COVENANT AND WARRANT THAT YOU HAVE FULLY READ, UNDERSTAND AND CONSENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. THIS AGREEMENT SHALL GOVERN THE RELATIONSHIP BY AND BETWEEN YOU AND TOURGUY.COM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR ENGAGE ANY OF TOURGUY.COM’S SERVICES OR PURCHASE ANY OF TOURGUY.COM’S PRODUCTS.

1. BASIC TERMS. Subject to all of the Terms and Conditions of this Agreement, TourGuy.com may offer to provide certain products and/or services, as described more fully on the Site. By selecting a product or service on the Site, you accept TourGuy.com’s offer as to the selected product and/or service. By selecting a product or service, you covenant and warrant that the selected product or service is solely for you own use. You covenant, warrant and agree that no product or service that you have selected is for the benefit of any third party.

2. TOURGUY.COM’S RIGHT TO CHANGE PRODUCTS AND SERVICES. TourGuy.com expressly has the right to change, suspend or discontinue any of the products or services offered at any time, including but not limited to the content of the Site, availability of any feature, or access to any database. In it’s sole discretion, TourGuy.com may also impose limits on access to certain features, products and services and/or it may restrict your access to parts or all of the features, products and/or services without notice and without liability to TourGuy.com.

3. RIGHT TO UPDATE OR MODIFY THE TERMS AND CONDTIONS.
TourGuy.com expressly reserves the right to change, modify, and update the Terms and Conditions at any time without prior notice. Your use each and every time you access or use the Site constitutes your acknowledgment that you have read, understood and agreed to each and every term and condition of the Agreement as contained on the Site at the time of your access or use. Therefore, TourGuy.com strongly encourages you to review the Terms and Conditions each time you use the Site.

4. AGE AND CAPACITY CERTIFICATION. You covenant, warrant, and certify to TourGuy.com that, if you are an individual (i.e., not a business entity such as a corporation, limited liability company, partnership, or trust), you are at least 18 years of age. You also covenant, warrant and certify that you are legally permitted to use the Services, purchase the products and access the Site, and that you take full responsibility for your access to the Site and the obligations you create by your purchase of the products and/or services offered on the Site. This Agreement is void where prohibited by law, and access to the Site is not permitted by TourGuy.com in such jurisdictions.

5. TOOLS OF ACCESS. You alone shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site, it’s products and services. The foregoing shall include, but not be limited to, any modems, hardware, software, and internet access. You alone shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and its use.

6. SITE ACCESS INTERRUPTION. TourGuy.com makes no promise or representation that the Site access will not be interrupted or that the Site will always be available. TourGuy.com shall not be liable in any way for any delay, interruption, or downtime from interruption to or unavailability of access to the Site.

7. SITE USE. The Site and all of its features, products, services and contents are intended solely for the use of TourGuy.com users and may only be used in accordance with the terms of this Agreement. No other use is permitted.

8. SITE CONTENT. All content contained, displayed, and/or performed on the Site (including, but not limited to, text, graphic, photographs, images, articles, audio and/or video files; hereinafter referred to as “Content”) is protected by copyright. Pursuant to U.S. copyright laws, international conventions, and any other applicable copyright laws, the Content as a whole is protected as a collective work and/or compilation. Pursuant to U.S. copyright laws, international conventions, and any other applicable copyright laws, each individual item of Content is also protected by copyright. You agree that use of the Content shall be allowed only as permitted in this Agreement or as specified in the Site. You specifically understand and agree that may not modify, publish, reproduce, transmit, distribute, display, create derivative works based on, or in any way participate in the modification, publishing, transmission, reproduction, distribution, creation of derivative works, transfer or sale of (except as provided in this section of this Agreement), display, or in any way exploit, in whole or in part, any of the Content or materials contained on the Site. You may download or copy the Content or any portions thereof only for personal use and only as expressly permitted and intended by ordinary site usage. All copyright and other intellectual property notices shall be maintained on all downloaded or permitted copy of the Content. Except as expressly permitted, you shall not store any significant portion of any of the Content in any form. All other personal, commercial, and/or non-commercial use, copying, storing, downloading, publication, modification, dissemination, distribution, or otherwise is expressly forbidden, unless the prior express written permission is provided by TourGuy.com or from any actual copyright holder(s).

9. SITE SOFTWARE, PROGRAMS AND SYSTEMS.
You agree not to copy, download, distribute, reproduce, modify, reverse engineer, exploit or otherwise any software, program, system, or function of the Site in any way, as intellectual property rights are claimed either by TourGuy.com or by third parties that have licensed TourGuy.com for use on the Site. You also agree that any activity or attempt to gain access to any password, email address, security encryption data, account information or data, user or other private information not belonging to you is strictly prohibited and may be reported to legal authorities and subject you to civil and/or criminal prosecution. Any such activity shall constitute absolute grounds for termination of your right to use or access the Site and/or TourGuy.com’s products and services.

10. RESTRICTIONS.
You are responsible, and shall be liable for any damages caused by, your activity on the Site and/or its access. Any misuse whatsoever of the Site or its Content shall constitute grounds for termination of your access to the Site and/or to access to TourGuy.com’s products or services and TourGuy.com may report any illegal activity and may, in its discretion, civilly and/or criminally prosecute any individual or entity engaged in such activity. TourGuy.com expressly reserves the right to report and/or to prosecute any fraudulent, abusive, or otherwise illegal activity (or activity that it reasonably believes to be illegal) in connection with the Site and/or TourGuy.com’s products or services.

11. TOURGUY.COM RIGHT TO TERMINATE USE OR ACCESS. TourGuy.com expressly reserves the right to terminate your access to the Site or use thereof at any time, without prior notice, in its sole and absolute discretion and without any grounds for such termination.

12. SUBMISSIONS. In the event that you make any submission to TourGuy.com via the Site or in any other manner (including, but not limited to, any reviews, comments, questions, suggestions, etc.) (hereinafter referred to as “Submissions”), you hereby irrevocably grant to TourGuy.com, it’s affiliates and assigns, the perpetual, exclusive, and transferrable right, in TourGuy.com’s sole and absolute discretion, to use, reproduce, adapt, modify, publish, distribute and display any Submissions or any part thereof, in any manner and by any medium throughout the world. You grant TourGuy.com the right to use your name as attributable with the Submissions in any use, publication or display of the Submissions that may be viewed by the public at large. You are fully responsible for the content of your Submissions. The submission of any material or content in any manner to or from the Site that is or would be considered unlawful, threatening, libelous, defamatory, obscene, pornographic, or in violation of any third party’s intellectual property or privacy rights is expressly prohibited. You agree that you shall be liable to TourGuy.com and/or to any third party for any Submissions that are in violations of this Agreement. TourGuy.com expressly reserves the right to report any Submissions, without notice to you, that are illegal or in violation of any third party’s rights to law enforcement and/or to any third party that may be affected by your improper Submissions.

13. PRIVACY. TourGuy.com agrees to take reasonable measures to protect your privacy. This provision shall be governed by TourGuy.com’s current Privacy Policies. Please click here to review TourGuy.com’s current Privacy Policies and practices.

14. NO WARRANTY – GENERAL DISCLAIMER.
You acknowledge that your access to the Site and all content of the site, services and/or products ordered or requested are at your initiation. You acknowledge that it is impossible for TourGuy.com to police or to control each user of the Site. You acknowledge and agree that TourGuy.com has no fiduciary or special relationship with you whatsoever. You alone are responsible for your access to the Site, the Content that you access, and your actions that you take while on the Site or after having been exposed to the Content on the Site. While TourGuy.com tries to ensure that offensive or inappropriate Content does not appear on the Site, the Site may direct you to other sites that have offensive or inappropriate content. TourGuy.com does not make any warranty or representation whatsoever about its Content or the content any of other sites, their content, their products, services, representations, or any other matters. You acknowledge that TourGuy.com is in no way responsible and that you shall hold TourGuy.com harmless from any liability whatsoever from your having obtained access to any Content through the Site. You acknowledge that TourGuy.com is not responsible and makes no representations of warranty for any copyright compliance, legality, accuracy, appropriateness, decency, or otherwise for any Content accessed through the Site. All products, services, content, software, programs, processes, and otherwise contained on or accessed through the Site is provided on an “as is” basis, without warranties of any nature or kind, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or of copyright, trademark, patent or other intellectual property non-infringement. This disclaimer is subject to any applicable state or federal prohibitions on limitations of liability.

15. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. && 2701-2711). TourGuy.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. TourGuy.com will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on TourGuy.com's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.

16. INDEMNITY. You agree to defend, indemnify and hold harmless TourGuy.com, its affiliated companies and their respective officers, directors, shareholders, members, employees, affiliates, and agents, from and against any and all claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal fees and costs, resulting from or in any way arising out of your breach of the Terms and Conditions, your use of the Site, User Submissions submitted by you, or your use of any information obtained from the Site or any Content.

17. LIMITATION OF LIABILITY. Under no circumstances shall TourGuy.com, its affiliates or any of their employees, directors, officers, members, agents, affiliates, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with your use or misuse of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortious action, even if an authorized representative of TourGuy.com or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any content on the Site, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. In the event that any applicable law does not allow the limitation of liability set forth above, the limitation of liability may not apply to you. This limitation of liability shall be construed to protect TourGuy.com to the fullest extent allowable by applicable law. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then you expressly acknowledge and agree that the total aggregate liability of TourGuy.com and/or its affiliates shall not exceed the sum of Two Hundred and Fifty U.S. dollars (U.S. $250.00).

18. INDEPENDENT CONTRACTORS.
You expressly acknowledge and agree that the tour operators and other suppliers providing travel or other services that are accessed through the Site or through TourGuy.com are independent contractors and are not agents, employees or affiliates of TourGuy.com or its affiliates. You further expressly agree that neither TourGuy.com nor its affiliates shall be liable to you for any act, failure to act, error, omission, representation, misrepresentation, warranty, negligent or intentional act of any such tour operator or supplier for any personal injuries, death, property damage, or other damages, liability or expenses resulting therefrom.

19. PAYMENT, RECEIPT, VOUCHER, CHANGES AND CANCELLATIONS, ETC.
Payment: Most Tourguy.com tours require pre-payment by major credit card. An E-ticket (Voucher) will be sent to the email provided at time of booking. Print the voucher and follow the instructions.
Some Tourguy.com tours only require a deposit at the time of booking. You will be responsible to make the remaining balance due payment directly to the tour operator on the day of the tour. Instructions will be provided on the Tourguy.com voucher. Please call if you have any questions.
Receipt & Voucher: You will receive both a receipt at time of booking confirming your purchase and an E-Ticket Voucher within 48 hours of booking. If you do not receive a receipt or voucher within the posted time frame please contact us immediately. All tour redemption instructions will be clearly posted on the voucher. If you have any questions please call we will be glad to assist.
Tour changes and cancellation policy: A 48-hour notice prior to tour date is required to change or cancel a reservation. We will gladly reschedule any tour free of charge. Cancellations will be refunded in full minus a $35.00 USD per person processing fee. Changes, Cancellations or No-Shows within 48 hours will be charged full purchase price. Neither TourGuy.com nor its affiliates shall have any responsibility for any additional expense, delay, re-routing that occurs for any reason by tour operators.

20. LINKS. The Site may contain links to other web sites and/or service and product providers. Such links are provided solely as a convenience to you. TourGuy.com does not endorse and such third party providers, their web sites, their services, their products, their content or otherwise. You expressly agree that neither TourGuy.com nor its affiliates shall be responsible or in any way liable for any third party provider’s services, products, web sites, contents, or otherwise. You agree that any access to any third party web sites, service and/or product providers through the TourGuy.com Site is at your own risk.

21. ATTORNEY’S FEES/COSTS. In the event of any litigation, arbitration or other dispute arising as a result of or by reason of the Agreement, the prevailing party in any such litigation, arbitration or other dispute shall be entitle to, in addition to any other damages assessed, its reasonable attorney’s fees, and all other costs and expenses incurred in connection with settling or resolving such dispute, at law or in equity.

22. GOVERNING LAW. This Agreement shall be governed by, and interpreted in accordance with the laws of the State of Nevada. The parties hereby agree that any legal action or proceeding shall be brought in the courts of the State of Nevada. The parties further agree to submit to the jurisdiction of the State of Nevada and consent to the service of process in accordance with applicable procedures and rules of said jurisdiction.

23. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause irreparable damage to TourGuy.com, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. As such, you agree that TourGuy.com shall be entitled to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, in addition to an award against you for any and all costs and expenses sustained or incurred by TourGuy.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees and court costs. You expressly agree that no bond or other security shall be required in connection with such injunction.

24. SEVERABILITY.
If any term or provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

25. ASSIGNMENT. You agree that you may not transfer or assign any of your rights or obligations under this Agreement under any circumstances. TourGuy.com shall have the right to assign its rights, duties and obligations under this Agreement in its discretion without prior notice to you.

26. CONSTRUCTION. Throughout this Agreement, the masculine, feminine, or neuter genders shall be deemed to include the masculine, feminine, and neuter and the singular, the plural, and vice versa. The section headings of this Agreement are for convenience of reference only and do not form a part hereof and do not in any way modify, interpret, or construe the intentions of the parties.

27. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. TourGuy.com may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the Terms and Conditions of this Agreement. In the event of any termination, all terms and provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

28. NOTIFICATION AND CONTACT INFORMATION. You agree that all communication and any notices permitted or required under this Agreement from TourGuy.com to you, shall be effective delivery to you upon dispatch via electronic means, including posting on the Site and/or electronic mail (“email”).

29. NO LEGAL ADVICE BY TOURGUY.COM. If you have any questions about or you do not understand this Agreement or any part thereof, please seek the counsel and advice from a qualified attorney. You expressly understand and agree that you are not relying on any representation or explanation by TourGuy.com or any of its employees, agents or affiliates with respect to the meaning or legal effect of any term, condition, provision or any part of this Agreement.

30. NOTICES TO TOURGUY.COM. To be effective, any notices or communication that you may be required to give to TourGuy.com under this Agreement must be made by email to supprt @ TourGuy.com


31. PROBLEMS OUTSIDE OF TOURGUY.COM’S CONTROL
. TourGuy.com shall not be liable act, omission, or failure that results from any third party or is occasioned by a cause beyond TourGuy.com's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

32 Entire Agreement/Modification/No Waiver.
This Agreement contains the entire understanding of the parties with respect to the subject matter of the agreement, and it supersedes all prior understanding and agreements, whether written or oral, and all prior dealing of the parties with respect to the subject matter hereof. Except as otherwise provided for elsewhere in this Agreement, this Agreement, in whole or in part, cannot be changed, modified, extended, or discharged orally and no waiver of compliance with any provision or condition hereof and no consent duly executed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought. Further, no consent or waiver, express or implied, to or of any breach or default shall constitute a consent or waiver to or of any other breach.