TOUR LLAMA, INC. TERMS OF SERVICE

Last Modified: February 2019

TABLE OF CONTENTS

  1. Acceptance of Terms of Use
    1. Terms of Use
    2. Geographic Restrictions
  2. Use of the Website
    1. Accessing the Website
    2. Account Security
    3. User Contributions
    4. Intellectual Property
    5. Payment Terms
    6. Linking to the Website and Social Media Features
    7. Links from the Website
  3. Prohibited Uses and Enforcement
    1. Prohibited Uses
    2. Enforcement Actions
  4. Disclaimers and Limitations of Liability
    1. Disclaimer of Warranties
    2. Limitation of Liability
  5. Legal Claims
    1. Governing Law and Jurisdiction
    2. Limitation on Time to File Claims
  6. Miscellaneous
    1. Indemnification
    2. Waiver
    3. Severability
    4. Entire Agreement
    5. Changes to the Terms of Use
    6. Comments and Communications]

  1. ACCEPTANCE OF TERMS OF USE
    1. Terms of Use

      These Terms of Use are entered into by and between you and Tour Llama LLC, an Alabama Limited Liability Company ("Company", "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of https://tourllama.com, including any content, functionality, and services offered on or through https://tourllama.com (the "Website"). As a registered user of the Website, you may use the Trip booking services we provide via the Website ("Booking Services") to submit and/or register to attend events for a group of individuals ("Trips").

      By using the Website or clicking to accept or agree to the Terms of Use, you agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. By accessing and using the Website, you affirm that you are at least eighteen (18) years old and that you are fully competent to enter into this agreement with the Company. If you are a user submitting a Trip to be posted on the Website (a "Tour Guide"), you acknowledge that you have read and agree to the Notice to Tour Guides. If you are an individual registering to participate in a Trip that is posted on the Website (an "Attendee"), you acknowledge that you have read and agree to the Notice to Attendees. If you do not agree to these Terms of Use, you must not access or use the Website or the Booking Services.

    2. Geographic Restrictions

      The owner of the Website is based in the state of Alabama in the United States, and the Website is offered and available for users who reside in the United States. Although the Website is accessible worldwide, not all features, Trips, or services referenced or offered through or on the Website are available to all persons or in all geographic locations or appropriate or available for use outside the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. We reserve the right to limit, in our sole discretion, the provision of any feature or service to any person or any geographic area. Any offer for any feature or service made on the Website is void where prohibited. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  2. USE OF THE WEBSITE
    1. Accessing the Website

      You are responsible for making all arrangements necessary for you to have access to and use the Website. Use of the Website requires a computer with a compatible browser and internet access. To access the Booking Services, you will be asked to provide certain registration details and other information, including, without limitation, your name, email, date of birth, contact information, emergency contact person, emergency contact person’s contact information, passport name, and passport number. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

      We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

    2. Account Security

      You must treat any user name, password, or any other piece of information you chose or which is provided to you as part of our security procedures as confidential. You agree not to provide any other person with access to the Website using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are responsible for any and all activities conducted through your account, unless such activities are not authorized by you and are not otherwise negligent.

    3. User Contributions

      The Website may contain individual profiles, Trip pages or profiles, forums, message functions, comment or review sections, and other interactive features that allow users to post, submit, publish, display, or transmit to other users ("post") content created or submitted by the user ("User Contributions") on or through the Website. You understand and acknowledge that you are responsible for any User Contributions you post, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You agree that all User Contributions you post must comply with our Content Standards.

    4. Intellectual Property

      All content on the Website and all User Contributions are governed by our Intellectual Property Policy. Our procedures regarding copyright infringement are included in our Intellectual Property Standards.

    5. Payment Terms

      All payments to be made or received in connection with your use of the Website, including all payments to be made or received in connection with any Trip you host or attend, shall be governed by our Payment Terms.

    6. Linking to the Website and Social Media Features

      You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link that suggests any form of association, approval, or endorsement on our part without our express written consent.

      You may use any social media features provided on the Website solely as they are provided by us, with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause the Website or portions of it to be displayed, or appear to be displayed, on any other website (and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease); or (iii) link to any part of the Website other than the homepage.

      The website from which you are linking, or on which you make certain content accessible, must comply in all respects with our Content Standards.

    7. Links from the Website

      The Website may contain links to other websites, including Tour Guides’ websites, partner websites, social media websites, and websites of other third parties and companies whose trademarks may appear on the Website. We are not responsible for the information collection practices or the content of the websites to which we link. You should be aware that these Terms of Use do not govern third-party websites you visit, including those that may be hyperlinked for convenience. We encourage you to review the applicable terms and policies of any third-party website.

  3. PROHIBITED USES AND ENFORCEMENT
    1. Prohibited Uses

      You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

      • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
      • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
      • for the purpose of collusion between Tour Guides and Attendees (either for purposes of (i) circumventing or attempting to circumvent the obligation to pay fees related to the Booking Services; (ii) circumventing or attempting to circumvent Company’s messaging tools or platform; or (iii) establishing a contact or continuing a relationship with a Tour Guide and/or Attendee where such contact or relationship was established primarily through the Website for purposes of any of the foregoing);
      • to dispute service charges or fees for fraudulent or illegitimate reasons;
      • to contact another user of the Website for any purpose other than communications related to the Booking Services;
      • to register for a Trip (i) on behalf of yourself which you do not plan to attend yourself or (ii) on behalf of a minor if you are not responsible for the minor or if you do not intend the minor to attend the Trip;
      • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Booking Services, or which, as determined by us, may harm Company or users of the Website or expose them to liability;
      • to violate or attempt to violate the security of the Website by any means;
      • to access data not intended for you or log onto a server or an account that you are not authorized to access;
      • to change the appearance, features, or functionality of the Website;
      • to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
      • to interfere with or interrupt in any way service to any user, host, network, or system including, without limitation, infecting, overloading, "flooding," "spamming," "mailbombing," "crashing," or otherwise attacking the Website;
      • to introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
      • to attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
      • to send communications on behalf of the Company (i.e., impersonating the Company).
    2. Enforcement Actions

      In addition to any other rights and remedies available to Company in law or equity, Company may: (i) suspend, deactivate, or terminate any account(s) for any or no reason, including, without limitation, misuse of the services provided or any violation of these Terms of Use; (ii) remove or refuse to post any User Contributions, including any Trip page or profile, for any or no reason in our sole discretion; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (iv) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

      You agree to cooperate with us and assist us in good faith, and to provide us with any information that may be reasonably requested by us, with respect to any investigation undertaken by us related to the use of the Website.

  4. DISCLAIMERS AND LIMITATIONS OF LIABILITY
    1. Disclaimer of Warranties

      The information presented on or through the Website is made available solely for general information purposes. We cannot review all material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, USEFULNESS QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, OR ANY BOOKING SERVICES OR OTHER SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING USER CONTRIBUTIONS, PROVIDED BY US OR ANY THIRD PARTIES. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

      You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THE WEBSITE.

      YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY BOOKING SERVICES OR OTHER SERVICES OBTAINED THROUGH THE WEBSITE IS STRICTLY AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY BOOKING SERVICES OR OTHER SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT DEFECTS TO THE WEBSITE, ITS CONTENT, OR ANY BOOKING SERVICES OR OTHER SERVICES OBTAINED THROUGH THE WEBSITE WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    2. Limitation of Liability
      1. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY BOOKING SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  5. LEGAL CLAIMS
    1. Governing Law and Jurisdiction

      All matters relating to the Website, the Booking Services, and these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Alabama, without giving effect to any choice or conflict of law provision or rule. Any litigation against the Company may be commenced only in a federal or state court located within Jefferson County, Alabama, and you consent to the jurisdiction of those courts for such purposes. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

    2. Limitation on Time to File Claims

      You hereby agree that any and all legal claims concerning the Website, the Booking Services, and these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or they will be time-barred.

  6. MISCELLANEOUS
    1. Indemnification

      You agree to defend, indemnify, and hold harmless Company and its respective officers, directors, employees, contractors, agents, licensors, service providers, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Booking Services, including, but not limited to, your User Contributions; any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use; or your use of any information obtained from the Website.

    2. Waiver

      No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    3. Severability

      If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

    4. Entire Agreement

      Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. These Terms of Use, together with the documents expressly incorporated by reference, constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

    5. Changes to the Terms of Use

      We may modify these Terms of Use at any time in our sole discretion. All updates and amendments are effective immediately upon notice, which we may provide by any legal means, including, but not limited to, by posting a revised version of these Terms of Use or other notice on the Website or by sending you an email at the email address you provided at registration. Your continued use of the Website or the Booking Services following notice of revised Terms of Use constitutes your agreement to be bound by the modified Terms of Use.

    6. Comments and Communications

      The Website is operated by Tour Llama LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@tourllama.com.