Tom Barefoot's Tours - Terms of Use and Privacy
Policy:
Terms and Conditions
All offers are based on availability. Blackout periods may apply.
All rates, prices, descriptions, departure times, departure locations
and all other information on this Web Site (“Site”)
is subject to change at any time without prior notice.
BOOKING ARRANGEMENTS
In all booking arrangements, the person making the booking shall
be deemed to have accepted the booking conditions on behalf of the
persons named in the booking. No variation to these Terms and Conditions
shall be of any effect unless made in writing by and with the authority
of Tom Barefoot's Cashback Tours LTD.
TERMS AND CONDITIONS
Tom Barefoot's Cashback Tours LTD sells tickets on behalf of promoters
and venues. Tom Barefoot's Cashback Tours LTD does not set the ticket
prices or determine seating locations. Tom Barefoot's Cashback Tours
LTD offers you with the lowest price tours and activities possible.
That price will be noted as "your price" on the page describing
the tour or activity along with the "regular price" for
the tour or activity. Pricing is based upon cash or travelers check
sales plus applicable taxes. This price will also be extended to
clients using personal checks, which are received in our office
10 working days prior to the actual date of the tour or activity.
For credit card purchases on tours and activities and for personal
checks on tours and activities purchased within the 10-day limit,
an additional charge of 3% will be applied. A cancellation fee of
10% will be charged on tours and activities which are cancelled
by the customer. Full refunds however, will be given on tours and
activities that are cancelled by the vendor due to weather problems
or mechanical difficulties. Customer cancellations within a 24-hour
period prior to the event (some tours and activities require more
than 24-hour notice of cancellation) will also be subject to possible
additional charges levied by the vendor and terms regarding those
refunds will be subject to discussions between the vendor and the
customer. Because some tours and activities require specific attire
and/or age limitations, please ask your concierge for details. Tours
and activities are subject to availability of certain vehicles and
aircraft and the suitability of the weather for that specific tour
and/or activity and destination. Some tours and activities have
weight, age and other restrictions. Because of their nature, certain
tours and activities may not be accessible to individuals with some
handicaps.
LIMITATION OF LIABILITY
Tom Barefoot's Cashback Tours LTD has made arrangements with various
independent suppliers to provide you with the services you have
purchased. Customers, acknowledge by their acceptance, that Tom
Barefoot's Cashback Tours LTD does not accept any liability for
the actions or omissions of these independent suppliers, over whom
it has no direct control. Tom Barefoot's Cashback Tours LTD is not
responsible for losses or damages arising from physical or emotional
injury, property or other economic damage caused by such factors
beyond our control. By your purchase and use of the services offered
on this Site, you agree to be bound by the terms fully disclosed
under the Terms and Conditions described on this page.
Further, Tom Barefoot's Cashback Tours LTD, its agents and suppliers
accept no responsibility for any sickness, pilferage, labor disputes,
machinery breakdown, government restrains, acts of war and terrorism,
weather conditions, defect in any vehicle of transportation or for
any misadventure or casualty or any other causes beyond their control.
Tom Barefoot's Cashback Tours LTD reserves the right to cancel,
change or substitute any service and to decline to accept or retain
any tour and/or activity members at any time for any reason including,
without limitation, insufficient number of participants. All travel
documents and vouchers are issued subject to the Terms and Conditions
specified by Tom Barefoot's Cashback Tours LTD, its agents and suppliers.
Terms of Use and Privacy Policy
WHAT YOU SHOULD KNOW
Welcome to the Tom Barefoot's Cashback Tours LTD Web Site (“Site”).
The goal of this Site is to provide you with access to high-quality tours
and activities at exceptional pricing, while including related links to
meet your needs. Please read our Terms of Use (“Terms”) carefully
before continuing on with your use of this Site. These Terms shall govern
the use of the Site and apply to all Internet traffic visiting the Site.
By accessing or using this Site, you agree to the Terms. IF YOU DO NOT
AGREE WITH THESE TERMS, DO NOT USE THIS SITE. Tom Barefoot's Cashback Tours
LTD (referred to herein as “we”, “us”, or “our”)
reserves the right, in its sole discretion, to modify, alter or otherwise
update these Terms at any time. Such modifications shall be effective immediately
upon posting. By using this Site after we have posted notice of such modifications,
alterations or updates you agree to be bound by such revised Terms.
ELIGIBILITY
The Site is available only to individuals and entities that can form legally
binding contracts under applicable law. Without limiting the foregoing,
the Site and the services offered by the Site are not available to minors.
If you do not qualify, leave the Site and do not use the Site. The Site
and the materials located on or through the Site are provided by us for
informational purposes only, with the understanding that we are, by the
provision of these materials, not engaged in the rendering of legal or
other professional advice or service. The information contained in or
through the Site is based upon sources believed to be accurate and reliable;
and we have exercised reasonable care to assure the accuracy of the information.
However, we make no representation or warranty as to such accuracy. You
should consult your own attorney or other appropriate professional for
advice concerning the Terms of this Agreement and/or compliance with
any legal requirement.
RESTRICTIONS
All materials contained in the Site are the property of Tom Barefoot's
Cashback Tours LTD, or affiliated companies and/or third party licensors.
No material from the Site or any Internet Site owned, operated, licensed,
or controlled by us or our affiliates may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way. For purposes
of these terms, the use of any such material on any other Web, Internet,
Intranet, Extranet or other Site or computer environment is prohibited.
All trademarks, service marks, trade names and trade dress are proprietary
to us. You may not frame or utilize framing techniques to enclose any
of our trademarks, logos, or other proprietary information (including
images, text, page layout, or form) without our prior express written
consent. You may not use any Meta tags or any other “hidden text” utilizing
our name, trademarks or other proprietary information without our prior
express written consent. We consider our trademarks to be valuable assets,
and take infringement of them seriously. In the event you download software
from the Site, the software, including any files, images incorporated
in or generated by the software, and data accompanying the software (collectively,
the “Software”) are licensed to you by us or third party
licensors for your use in connection with the Site only. We do not transfer
title to the Software to you. You own the medium on which the Software
is recorded, but we (or third party licensors) retain full and complete
title to the Software and all intellectual property rights therein. You
may not redistribute, sell, de-compile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-readable form.
INFORMATION COLLECTED
We automatically track, collect and compile User Information and Transaction
Data (as defined below) when you utilize the Site. For purposes of this
Agreement, the terms “User Information”
and “Transaction Data” shall have the meanings set forth below
and shall sometimes hereinafter be referred to collectively as the “Information”:
(i) “User Information”
shall mean information or data, including registration, enrollment and
profile data provided by or obtained in connection with users prior to
or after the date you accept the Terms of this Agreement (“Acceptance
Date”), that identifies users of the Site. (ii) “Transaction
Data” shall mean information and data characterizing, describing
relating to or comprising use of, including transactions (e.g., the sale
and purchase of goods and services) conducted in whole or in part over
or through use of the Site, whether such transaction was completed prior
to or after the Acceptance Date, including, without limitation, User Information
relating to parties to any such transactions. We also automatically track
and collect your IP address, domain server, the type of computer and type
of web browser you are using and use “cookies”
to (i) customize content specific to your interests, (ii) ensure that you
do not see the same advertisement repeatedly and (iii) store your password
so you do not have to re-enter it each time you use the Site. For more
information about “cookies”, please review the "cookies" section
below. You agree that Tom Barefoot's Cashback Tours LTD shall own all Information.
By accessing the Site, you voluntarily, expressly and knowingly acknowledge
and agree with all of the foregoing and further agree to each and all of
the following: (i) such Information belongs to Tom Barefoot's Cashback
Tours LTD and is not personal or private proprietary information; (ii)
such Information, wherever collected, may be processed, used, reproduced,
modified, adapted, translated, used to create derivative works, shared,
published and distributed by Tom Barefoot's Cashback Tours LTD in its sole
and absolute discretion in any media and manner irrevocably in perpetuity
in any location throughout the universe without royalty or payment of any
kind, without, however, any obligation by Tom Barefoot's Cashback Tours
LTD to do so; (iii) Tom Barefoot's Cashback Tours LTD does not represent,
warrant, or guaranty the Information or its processing, use, reproduction,
modification, adaptation, translation, derivation, sharing, publishing
or distribution, including without limitation the accuracy, reliability,
security, or any other feature relating thereto or its processing, use,
reproduction, modification, adaptation, translation, derivation, sharing,
publishing or distribution; (iv) Tom Barefoot's Cashback Tours LTD will
try to provide you a way to review, correct or update the User Information
you give Tom Barefoot's Cashback Tours LTD directly, but cannot guaranty
that such will be possible or that changes will be reflected throughout
all uses of such Information; and (v) you represent and warrant that you
have the right to give such Information to Tom Barefoot's Cashback Tours
LTD and that such Information is not libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable that would constitute or encourage a criminal
offense, violate the rights of any party, or otherwise give rise to liability
or violate any law. You hereby represent and warrant to Tom Barefoot's
Cashback Tours LTD that there are no agreements, either written or oral,
between you and any party in which you grant or are granted exclusive ownership
rights in and to the Information nor are there any agreements, either oral
or written, between you and any party that would prohibit Tom Barefoot's
Cashback Tours LTD from asserting the ownership rights, or impair in any
way Tom Barefoot's Cashback Tours LTD’s ownership rights, in and
to the Information as contemplated by this Agreement. Facts relating to
use of the Site, and any Information (including the Information) submitted
in connection with your use of the Site, are not confidential or private.
Please note that when you use the Site, you are agreeing to the use of
certain information about such use. Also, when you submit information (including
the Information) to us in your use of the Site, you thereby (i) represent
and warrant that such information is complete, truthful, and accurate,
that you own all rights in such information, that the information, if applicable,
is entirely your own original, unpublished work, is not based in whole
or in part upon any pre-existing work or work of any other person, does
not violate or infringe in any way any copyright, trademark, trade name,
service mark or any other statutory, common law or other proprietary or
personal right or interest, is not abusive, obscene, profane, sexually
explicit, threatening or illegal, and you agree to indemnify, defend and
hold the Indemnified Parties (as defined below) harmless from and against
any such claim and relinquish, release and assign to us all rights in and
title to such information, (ii) acknowledge that you (and not the Indemnified
Parties) are solely liable for any damage resulting from infringement of
copyrights, proprietary rights, or any other harm arising from their submission
and our subsequent use of the information, and (iii) automatically grant
us a worldwide, royalty-free, exclusive right and license to use, reproduce,
publish, distribute and such information (in whole or in part, in any media
now known or used or heretofore known or used at any time, and in perpetuity),
although you acknowledge that we have no obligation whatsoever to use,
reproduce, publish, distribute or display the information. Further, we
reserve the right to monitor and review transmissions, use any information
related to such use to ensure that our policies are followed and otherwise
as a necessary incident to the provision of the Site or to protect our
rights and property. We may also monitor and review stored transmissions
without restriction and you hereby acknowledge and consent to such monitoring.
You further acknowledge that passwords are known to us. If you use the
Site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account
or password.
SUBMISSIONS
We are pleased to hear from our users and welcome your comments regarding
the Site and the products and services offered in connection therewith.
Unfortunately, however, our long-standing company policy does not allow
us to accept or consider creative ideas, suggestions, or materials other
than those that we have specifically requested. We do value your feedback
on the Site and the services and projects offered in connection therewith,
we request that you be specific in your comments with respect to the
same, and not submit any creative ideas, suggestions, or materials unless
specifically requested by us. If, at our request, you send certain specific
submissions or, despite our request, you send us creative suggestions,
ideas, notes, drawings, concepts, or other information (collectively,
the “Submissions”), the Submissions shall be deemed, and
shall remain, our property. None of the Submissions shall be subject
to any obligation of confidence on our part and we shall not be liable
for any use or disclosure of any Submissions. Without limitation of the
foregoing, we shall exclusively own all now known or hereafter existing
rights to the Submissions of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to
the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
“Forum” means the e-mail function offered as part of the Site.
If you participate in a Forum within the Site you must not: (i) defame,
abuse, harass or threaten others; (ii) make any bigoted, hateful or racially
offensive statements; (iii) advocate illegal activity or discuss illegal
activities with the intent to commit them; (iv) post or distribute any
material that infringes and/or violates any right of a third party or any
law; (v) post or distribute any vulgar, obscene, discourteous or indecent
language or images; (vi) advertise or sell to, or solicit others; (vii)
use the Forum for commercial purposes of any kind other than to facilitate
a transaction on the Site; or (viii) post or distribute any software or
other materials which contain a virus or other harmful component. You shall
remain solely responsible for the content of your messages and shall indemnify
and hold the Indemnified Parties harmless for the content of such messages.
We reserve the right to remove or edit content from any Forum at any time
and for any reason. By uploading materials to any Forum or submitting any
materials to us, you automatically grant (or warrant that the owner of
such materials expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display, create derivative works from and
distribute such materials or incorporate such materials into any form,
medium, or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called “moral rights”
in those materials have been waived.
LINKS
Tom Barefoot's Cashback Tours LTD links to other Sites we think may be
of interest to you. By providing these links, we are not endorsing, sponsoring
or recommending such Sites or the materials disseminated by or services
provided by them, and are not responsible for the materials, services
or other situations at or related to or from any other Site. Please exercise
discretion while browsing the Internet and using the Site. You should
be aware that when you are using the Site, you could be directed to other
Sites that are beyond our control. There are links to other Sites from
the Site pages that take you outside of the Site. For example, if you “click”
on a banner advertisement or a search result, the “click”
may take you off the Site. This includes links form advertisers, sponsors,
and content partners that may use our logo(s) as part of a co-branding
agreement. These other Sites may send their own cookies to users, collect
data, solicit personal information, or contain information that you may
find inappropriate or offensive. In addition, advertisers on the Site may
send cookies to users that we do not control. We reserve the right to disable
links from any third party Sites to the Site. We make no representations
concerning the content of Sites listed in any of the Site’s directories.
Consequently, we cannot be held responsible for the accuracy, relevancy,
copyright compliance, legality or decency of material contained in Sites
listed in any search results or otherwise linked to a Site. Please keep
in mind that whenever you give out information online, that information
can be collected and used by people you don’t know. We cannot guarantee
the security of any information you disclose online; you make such disclosures
at your own risk.
DISCLAIMERS
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND
ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED
TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING
INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION. YOU AGREE THAT
YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS
IN THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EXPRESS, IMPLIED OR
STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS
REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE
SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT.
TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT, DESIGN, ACCUARCY, CAPABILITY, SUFFICIENCY, SUITABILITY,
CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE
OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE
WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR
OTHER SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE
OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS,
FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU. In the event we are held liable for any damages related to such
matters, your sole and exclusive remedy will be limited to reimbursement
for services or products paid by you to the entity held liable which
were not provided by such entity. You hereby waive any and all rights
to bring any claim or action related to such matters in any forum beyond
one (1) year after the first occurrence of the kind of act, event, condition
or omission upon which the claim or action is based. We explicitly disclaim
any responsibility for the accuracy, content, or availability of information
found on Sites that link to or from the Site. We cannot ensure that you
will be satisfied with any products or services that you purchase from
the Site or from a third-party Site that links to or form the Site or
third party content on the Site. We do not endorse any of the merchandise,
nor have we taken any steps to confirm the accuracy or reliability of,
any of the information contained in such third-party Sites or content.
We do not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other
person information) you might be requested to give any third party, and
you hereby irrevocably waive any claim against the Indemnified Parties
with respect to such Sites and third party content. We strongly encourage
you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of
these third parties. The Indemnified Parties are not responsible for
telephone, electric, electronic, network, Internet, computer, hardware
or software program malfunctions, failures, delays or difficulties, or
late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated
or postage due mail, e-mail, form postings, connections, messages or
entries, or the security of any and all such matters. Further, the Indemnified
Parties are not responsible for incorrect or inaccurate entry information,
whether caused by Internet users or by any of the equipment or programming
associated with or utilized in the Site or by any technical or human
error which may occur in the processing of any information related to
the Site. We may prohibit you from participating in or utilizing the
Site if in our sole and absolute discretion you show a disregard for
this Agreement or act in an unsportsmanlike manner, with the intent to
annoy, abuse, threaten, or harass any other person, or in any other disruptive
manner. We also reserve the right to refuse service, terminate accounts,
remove or edit content or cancel orders in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of running as
planned, including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond the
reasonable control of Tom Barefoot's Cashback Tours LTD which corrupt
or affect the administration, security, fairness, integrity, or proper
conduct of the Site, we reserve the right (but not the obligation) in
our sole and absolute discretion, to prohibit you and any member, buyer
or supplier (and all of your and their Information) from using the Site,
and to cancel, terminate, modify or suspend the Site or any portion thereof
and void such Information. You also agree that the Indemnified Parties
are not responsible or liable in any way for injury, loss or damage to
your computer or interception or use of credit card information, related
to or resulting from use of the Site or any Sites, services or materials
linked or related thereto or therefrom and also are not responsible or
liable in any way for any injury, loss, claim or damage relating to or
resulting from any part of the Site operating or not operating on computers
or networks used by you or communicating with such computers or networks.
To the extent we list or link to third party products or services, our
Site acts as the venue for suppliers to sell products and services (or,
as appropriate, solicit offers to buy) and buyers to purchase such products
and services. We are not involved in the actual transaction between buyers
and suppliers. As a result, we have no control over the quality, safety
or legality of the items advertised, the truth or accuracy of the listings,
the ability of suppliers to sell items or the ability of buyers to buy
items. We cannot ensure that a buyer or supplier will actually complete
a transaction. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C.
2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY
COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY SITE LINKED
TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION,
E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE,
COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER
CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE
CONNECTED WITH YOUR USE OF THE SITE. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE
OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL
CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION
OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION
AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION
OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER
WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING
FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE. Search
and Directory are free services which may be offered in connection with
the Site. Because the Web changes constantly, no search engine technology
can possibly have all accessible Sites at any given time. Thus, we explicitly
disclaim any responsibility for the content or availability of information
contained in any search index or directory offered in connection with
the Site. The Site may contain technical inaccuracies or typographical
error or omissions. Tom Barefoot's Cashback Tours LTD is not responsible
for any typographical, photographic, technical or pricing error listed
on our Site. Tom Barefoot's Cashback Tours LTD reserves the right to
make changes, corrections and/or improvements to the Site, and to the
products and programs described in such information, at any time without
notice. We reserve the right to cancel or modify reservations where it
appears that a customer has engaged in fraudulent or inappropriate activity
or under other circumstances where it appears that the reservations contain
or resulted from a mistake or error.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your
password and account and for all activities that occur under your account.
You hereby indemnify, defend and hold us and each of our owners, partners,
subsidiaries, affiliates, and each of such person’s or entities’ officers,
directors, agents, contractors, subcontractors, guests, residents, visitors,
licensees, invitees, permitees and employees (collectively, the “Indemnified
Parties”) harmless from and against any and all allegations, demands,
claims, liabilities, damages, fines, penalties or costs of whatsoever
nature (including reasonable attorneys’ fees) and whether by reason
of death of or injury to any person or loss of or damage to any property
or otherwise (“Claims”) arising out of or in any way connected
with this Agreement, the services or products provided to you by the
Site or any related act or failure to act by you and whether or not occasioned
or contributed to by the negligence of Tom Barefoot's Cashback Tours
LTD or any agent or employee of the Indemnified Parties or any of them
(except as and to the extent prohibited by applicable law) or Claims
arising from you account, including, without limitation, any claims related
to infringement by you of the intellectual property rights of any person,
including without limitation, copyright, patent, trade secret, trade
mark, artist rights, droit moral, privacy, publicity or rights under
other intellectual property laws. In the event that any Claim is made
or any action or proceeding is brought against the Indemnified Parties,
or any of them, arising out of or connected with this Agreement, any
such Indemnified Party may, by reasonable notice to you, require you,
at your expense, to resist such Claim or take over the defense of any
such action or proceeding and employ counsel for such purpose, such counsel
to be subject to the prior written approval of such Indemnified Party,
which approval shall be deemed to have been given hereby in the case
of counsel acting for your insurance underwriters engaged in such resistance
or defense. You shall cooperate with us in the defense of any Claim.
We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS
OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS,
THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR
MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING
NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS
THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED
WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR
BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE
CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE
OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCOURDANCE WITH THE TERMS
HEREOF.
RELEASE
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED
PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE
OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING
WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY,
DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION,
OR INVASION OF PRIVACY, REASONABLE ATTORNEYS’ FEES AND COURT COSTS)
THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE
OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO
OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY
TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS
AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM
OF RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, RELATED
TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SITE.
Because we are not involved in the actual transaction between buyers
and suppliers, if applicable, in the event that you have a dispute with
one or more users, you also on behalf of yourself, your predecessors,
if applicable, and each of their present and former officers, employees,
directors, shareholders, parents, subsidiaries, alter egos, affiliates,
partners, agents, attorneys, accountants, heirs, executors, administrators,
conservators, successors and assigns, as applicable, hereby fully and
forever releases and discharges the Indemnified Parties, from any and
all claims, demands, liens, actions, agreements, suits, causes of action,
obligations, controversies, debts, costs, attorneys’
fees, expenses, damages, judgments, orders and liabilities of whatever
kind or nature in law, equity or otherwise, whether now known or suspected
which have existed or may have existed, or which do exist or which hereafter
can, shall or may exist, based on any facts, events or omissions occurring
from any time on or prior to the execution of this Agreement which arise
out of, concern, pertain or relate in any way to this Agreement or the
Site. You also acknowledge that there is a possibility that subsequent
to the execution of this Agreement, you will discover facts or incur or
suffer claims which were unknown or unsuspected at the time this Agreement
was executed, and which if known by it at that time may have materially
affected its decision to execute this Agreement. You acknowledge and agree
that by reason of this Agreement, and the release contained in this section
of this Agreement, you are assuming any risk of such unknown facts and
such unknown and unsuspected claims. You have been advised of the existence
of Section 1542 of the California Civil Code (“Section 1542”),
which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR. Notwithstanding such provisions, this release shall constitute
a full release in accordance with its terms. You knowingly and voluntarily
waive the provisions of Section 1542, as well as any other statute, law
or rule of similar effect. In connection with such waiver and relinquishment,
you acknowledge that you are aware that you may hereafter discover claims
presently unknown or unsuspected, or facts in addition to or different
from those which you now know or believe to be true, with respect to the
matters released herein. Nevertheless, it is your intention, through this
Agreement, and with the advice of counsel, fully and finally settle and
release all such matters, and all claims relative thereto, which do now
exist, may exist, or have existed between and among the parties hereto,
including the Indemnified Parties. You hereby acknowledge that you have
been advised by your legal counsel, understand and acknowledge the significance
and consequence of this release and of this specific waiver of Section
1542 and other such laws.
JURISDICTION
The products and/or services described in and available through the Site
may not be available in your state or country. We make no representation
that the services or products offered in the Site are appropriate or
available for use in any particular location. Those who choose to access
the Site do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable. If use
of the Site and/or viewing or use of any material or content therein
or services offered thereby violates or infringes any applicable law
in your jurisdiction(s), you are not authorized to view or use the Site
and must exit immediately. The viewing and/or use of the Site constitutes
your representation that you are unconditionally and without limitation
permitted to view and use the Site and the Indemnified Parties may rely
upon such representation. The Site is operated from the United States
and it is possible that some Software from the Site may be subject to
United States export controls. No Software from the Site may be downloaded
or otherwise exported or reexported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
subject to a U.S. or U.N. embargo or sanction; or (ii) to anyone on the
U.S. Treasury Department’s list of Specially Designated Nationals
or anyone subject to the same or similar restrictions even if not listed
or the U.S. Commerce Department’s Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such country
or on any of the above restricted lists or subject to such restrictions.
ACCESS AND INTERFERENCE
You will not use an automatic device such as a robot, spider, or manual
process to monitor or copy the Site or the contents or information (including
the Information) contained therein without our prior express written
consent. You agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working of the Site
or any transaction being conducted through the Site. You agree that you
will not copy, reproduce, alter, modify, create derivative works, or
publicly display any content (except for any Information in which you
have an ownership interest) from the Site without our prior express written
consent or the appropriate third party. The information (including the
Information) you provide to us (i) shall not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information; and (ii) shall
not create liability for us or cause us to lose (in whole or in part)
the services of our ISPs or other suppliers.
NO AGENCY
You and Tom Barefoot's Cashback Tours LTD are independent contractors,
and no agency, partnership, joint venture, or employee-employer relationship
is intended or created by this Agreement.
TERMINATION
These Terms are effective until terminated by either party. You may terminate
these Terms at any time by discontinuing use of the Site and destroying
all materials obtained from any and all such Sites and all related documentation
and all copies and installations thereof, whether made under the Terms
of this Agreement or otherwise. Your access to the Site may be terminated
immediately without notice from us if in our sole and absolute discretion
you fail to comply with any Term or provision of this Agreement. Upon
termination, you must cease use of the Site and destroy all materials
obtained from such Site and all copies thereof, whether made under the
Terms of this Agreement or otherwise. Notwithstanding the termination
of this Agreement, you acknowledge and agree that those rights and obligations
which by their nature are intended to survive the termination of this
Agreement in order to be fully operative, shall survive the termination
of this Agreement including, without limitation, the following provisions
hereof: (i) Restrictions on Use of Materials; (ii) Use and Ownership
of Information Collected; (iii) Submissions; (iv) Disclaimers; (v) Indemnification;
(vi) Limitations on Liability; (vi) Release; (vii) Access and Interference;
(viii) Notice and Procedure for Making Claims of Copyright Infringement;
(ix) Forum; (x) No Agency; and (xi) Compliance with Laws.
GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of the Site and your solicitation of offers to purchase
and/or sell products and/or services. This Agreement shall be governed
by and construed in accordance with the laws of the State of Hawaii,
without giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating to the
terms of this Agreement shall be filed only in the state or federal courts
located in the County of Maui, Hawaii and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of litigating
any such action. If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire Agreement between us
relating to the subject matter herein and shall not be modified except
as otherwise set forth herein. No waiver of any term, provision or condition
of this Agreement, whether by conduct or otherwise, in any one or more
instances, shall be deemed to be, or shall constitute, a waiver of any
other term, provision or condition hereof, whether or not similar, nor
shall any waiver constitute a continuing waiver of any such term, provision
or condition hereof. No waiver shall be binding unless executed in writing
by the party making the waiver. You agree that you will execute and deliver
to us, in recordable form if necessary, such further documents, instruments
or agreements, and shall take such further action, that may be necessary
or appropriate to effectuate the purposes of this Agreement.
DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power and authority
to agree to the Terms of this Agreement on behalf of yourself and the
member, buyer or supplier participating in the Site. You further agree
that your use constitutes an electronic signature as defined by the Electronic
Signatures in Global and National Commerce Act (“E-Sign”)
and the Uniform Electronic Transactions Act (“UETA”) and
that you have formed, executed, entered into, accepted the Terms and
otherwise authenticated this Agreement and acknowledged and agreed that
this Agreement is an electronic record for purposes of E-Sign, UETA and
the Uniform Computer Information Transactions Act and as such is completely
valid, has legal effect, is enforceable, and is binding on, and non-refutable
by you and the member, buyer of supplier on whose behalf you are acting.
COOKIES
- What Are Cookies
- How We Issue and Use Cookies
- Your Choice to Accept or Deny Cookies
WHAT ARE COOKIES
- “Cookies” are pieces of electronic information (specifically,
a string of text) that your browser and your operating system store on
your hard drive for record-keeping purposes.
- Cookies can store a user’s ID and password, personalize home
pages, identify which parts of a Site have been visited or keep track
of previous selections or purchases.
- The use of cookies is an industry standard - you will find them at
most major commercial Sites.
- Cookies can enhance the user’s visit to a Site.
HOW WE ISSUE AND USE COOKIES
- We issue and use cookies to enhance your visit, and the services we
offer on the Site. The Site consists of thousands of pages of content.
We want you to be able to find information and offers that interest you,
as quickly and easily as possible. The use of cookie technology helps
us to achieve that objective.
- We issue and use cookies to keep track of the areas of the Site which
interest our visitors most. In doing so, we can determine areas of the
Site that are most popular and those that are not. Many improvements
and updates to the Site are based on such data as total number of visitors
and pages viewed. This information is most easily tracked with cookies.
- Visitors to the Site who accept cookies may be presented with targeted
messages, offers and ads on the Site and via e-mail that we believe would
be of value, based on observed preferences.
- If you have registered as a member of the Site and accept cookies,
we are enabled to custom tailor for your personal preferences, and then
it is easier and faster to take advantage of the Site’s benefits.
- If you have submitted your e-mail address, you may receive targeted
messages we believe you will find of value. Remember, you may request
to be removed from our e-mail subscription lists.
YOUR CHOICE TO ACCEPT OR DENY COOKIES
You can choose whether to accept or deny cookies; your browser on your
computer is often initially set to accept cookies. However, you can choose
to deny cookies and continue browsing the Site. Keep in mind that your
choice to accept or deny a cookie is different from your choice to accept/deny
e-mail messages from us. Your browser developer determines how to set
your cookies preferences. Your browser and/or your operating system may
also allow you to delete accumulated cookies and other use information,
such as cached pages, temporary files and use history. See your browser
and/or operating system help files and manuals for further details.
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