Terms & Conditions
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Welcome to Tours of California (hereinafter referred to as “we,” “us,” or “our”). By accessing our website and/or using our services, you agree to comply with and be bound by the following terms and conditions (“Terms”). Please read these Terms carefully before using our website.
1. Acceptance of Terms
By accessing or using the services provided by Tours of California, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
2. Use of Services
2.1. Eligibility: You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are at least 18 years old.
2.2. License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal and non-commercial purposes only.
2.3. Prohibited Activities: You agree not to engage in any of the following prohibited activities: a. Violating any applicable laws or regulations; b. Using our services for any unlawful purpose; c. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; d. Interfering with or disrupting the operation of our website or servers; e. Attempting to gain unauthorized access to our website, user accounts, or computer systems; f. Circumventing any security measures implemented by us; g. Uploading or transmitting viruses or any other malicious code; h. Collecting or harvesting any personally identifiable information from our website without our consent; i. Engaging in any activity that could damage, disable, overburden, or impair our website or services.
3. User Accounts
3.1. Registration: In order to access certain features of our website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.
3.2. Security: You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3. Termination: We reserve the right to suspend or terminate your account at any time without prior notice or liability for any reason, including, but not limited to, a breach of these Terms.
4. Content
4.1. User Content: You may have the opportunity to submit or upload content to our website, including, but not limited to, reviews, comments, and photos. By submitting or uploading any content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with our website and services.
4.2. Prohibited Content: You agree not to submit or upload any content that is unlawful, defamatory, obscene, offensive, discriminatory, or infringes upon the rights of any third party.
4.3. Copyright Infringement: We respect the intellectual property rights of others. If you believe that any content on our website infringes upon your copyrights, please contact us with a notice of infringement that includes the following information: a. A description of the copyrighted work that you claim has been infringed; b. A description of the allegedly infringing content and its location on our website; c. Your contact information, including your name, address, telephone number, and email address; d. A statement by you that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; e. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
5. Third-Party Links
Our website may contain links to third-party websites or resources. We are not responsible for the content or practices of any third-party websites or resources. You acknowledge and agree that we shall not be liable for any loss or damage caused by your use of or reliance on any third-party websites or resources.
6. Disclaimer of Warranties
6.1. Our website and services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted or error-free, that defects will be corrected, or that our website or servers are free of viruses or other harmful components.
6.2. We make no representations or warranties about the accuracy, completeness, or reliability of any content available on or through our website. You acknowledge and agree that any reliance on such content is at your own risk.
7. Limitation of Liability
7.1. In no event shall Tours of California, its officers, directors, employees, or agents, be liable to you or any third party for any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of or in connection with your use of our website or services, including, but not limited to, lost profits, lost revenue, lost data, or business interruption.
7.2. Our total liability to you for all claims arising out of or in connection with these Terms or your use of our website or services shall not exceed the amount paid by you, if any, to us during the twelve (12) months preceding the event giving rise to such liability.
8. Indemnification
You agree to indemnify, defend, and hold harmless Tours of California, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of our website or services or your violation of these Terms.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
10. Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be resolved exclusively through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles, California, and the language of the arbitration shall be English.
11. Changes to Terms
We reserve the right to modify or revise these Terms at any time without prior notice. Your continued use of our website or services following the posting of any changes to these Terms constitutes acceptance of those changes.
12. Contact Us
If you have any questions about these Terms, please contact us at contact@toursofcalifornia.com.