School Tours of America maintains the following websites:
http://SchoolToursOfAmerica.com (“STA Site”)
http://mytourfund.com (“MyTourFund” site)- individual websites customized by tour participants (“Participants”) or tour sponsors/leaders (“Group Leaders”) seeking donations from donors (“Donors”).
“MyTour” sites- these are the promotional websites customized by Group Leaders as a service to their participants and potential participants.
All of the above mentioned sites will collectively be referred to as the “Sites”.
All Participants, Group Leaders, and Donors, as well as any other visitors and users to these sites will be collectively referred to herein as “Users”.
2. Use of Site: Users may only use the Sites for legitimate purposes and shall not use the Sites to make any speculation, false or fraudulent representations, including but not limited to speculative, false or fraudulent reservations or reservations in anticipations of demand. Users may not use any "robot", spider" or other automatic devices on a program, algorithm on methodology having similar processes or functionality, or to monitor or copy any web pages, date or content found on the Sites, in any case without the prior written consent of School Tours of America.
3. Rules and Conduct: In consideration of the availability, and their use of the School Tours of America services (the "Services"), each User agrees, while visiting the Sites, not to: (a) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Sites or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other individual from using or enjoying the Sites, the Services or the Internet; (b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; (c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (d) post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; (e) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Sites or the Services, or any derivative work thereof, which is protected by copyright, or any other proprietary or intellectual property right, without obtaining permission of the copyright owner or right holder; (f) impersonate of falsely represent the association of a User with any person, including a School Tours of America representative or forum moderator; and (g) use, reproduce, sell, resell or otherwise exploit the Sites or any of the Services for any commercial purposes.
If a third party requests that School Tours of America remove content from the Sites that in any way represents or refer to that third party, School Tours of America reserves the right to remove the content of that individual or group without any liability whatsoever.
4. Registration, Accounts and Passwords: The Services and related features, such as personalization of a Participant Site may require registration. Should a Participant choose to register for such Services or related features, she/he agrees to provide accurate and current information about her/him as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Participants agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers chosen by Participants or are assigned as a result of any registration, and (b) all activities that occur under such password or account. Further, Participants agree to notify School Tours of America of any unauthorized use of their password or account. SCHOOL TOURS OF AMERICA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH PARTICIPANT'S FAILURE TO COMPLY WITH THIS SECTION OR IN CONNECTION WITH SCHOOL TOURS OF AMERICA.
5. MyTourFund Donations: Donations made on behalf of Tour Participants shall be paid online by Donors via credit card payments to School Tours of America as agent for the Tour Participant. School Tours of America is not responsible for payment of Donor’s or Tour Participant’s taxes, including payment of applicable federal, state and taxes. All donations are non-refundable and are considered unrestricted gifts without restriction as to how the Participant may use such funds. School Tours of America is not a 501(c)3 corporation and thus donations through the STA Site and My Tour Fund site are not eligible for a non-profit deduction. The Donor is solely responsible for choosing the tour Participant that Donor wishes to donate to. In the event Tour Participant cancels, the standard cancellation policy applies and Participant may or may not be entitled to a refund. In the event Participant and Donors acknowledge and agree that if Participant is entitled to a refund, School Tours of America may refund monies due proportionally to all contributors (all Donors and Participant if Participant made any contributions). If applicable, credit card refunds will be made to the same credit card. Thus, in the event, a Participant cancels and has a large refund due, it is possible the Donor may have money returned to their credit card, and Donor consents to the same. Each Donor agrees that: (a) Donor is of the age of majority in the jurisdiction in which Donor resides, (b) all information Donor submits is true and correct (including without limitation all credit card information), and (c) Donor is the cardholder of the credit card used.
Refund vs. Spending Money. Donor agrees and acknowledges that in the event, Donor makes a donation to a tour for a Participant that has already been paid in full at the time of the donation, or as a result of the donation, exceeds the full tour price, School Tours of America reserves the right to either refund the money in excess of the full tour price to the Donor or to send the money in excess of the full tour price to the Participant for “spending money” prior to the tour, with many students using such money for souvenirs or snacks on the tour.
7. Dealing with Third Parties: At certain places on the Sites, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by individuals, institutions, or organizations independent of School Tours of America. School Tours of America does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficiency, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficiency and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by School Tours of America. The sites links from the Sites are not under School Tours of America's control, and School Tours of America does not assume any responsibility or liability for any communications or materials available at such linked sites. School Tours of America does not intend links on the Sites to be endorsements of the linked entities, and are provided for convenience only. Users acknowledge and agree that their correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Sites or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between Users and such third parties. SCHOOL TOURS OF AMERICA ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES THAT USERS INCUR WHEN MAKING PURCHASES OR OTHER TRANSACTION IN THIS MANNER. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the User's alone. USERS AGREE THAT SCHOOL TOURS OF AMERICA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, ANY OF SUCH DEALINGS OR TRANSACTIONS.
8. Exclusion of Warranty: THE SITES, AND THE CONTENT THEREIN AND/OR THE CONTENT PROVIDED BY SCHOOL TOURS OF AMERICA, ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SCHOOL TOURS OF AMERICA IS NOT RESPONSIBLE FOR (A) THE ACCURACY OF ANY CONTENT ON THE SITES, OR (B) FOR DAMAGES OR LOSS CAUSED BY THE INTERNET, ERRORS OF THE SITES, OR CONTENT ON THE SITES, SCHOOL TOURS OF AMERICA DOES NOT EXERCISE CONTROL OVER ANY PARTICIPANTS OR OTHER THIRD PARTIES THAT PROVIDE CONTENT TO THE SITES AND THEREFORE PROVIDES NO REPRESENTATIONS AND WARRANTIES REGARDING SAME. FURTHERMORE, USERS EXPRESSLY UNDERSTAND AND AGREE THAT SCHOOL TOURS OF AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITES OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS.
10. Indemnification: Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Users are entirely responsible for any and all activities which occur under their account. Users agree to indemnify, defend and hold harmless School Tours of America, its parents, affiliates and subsidiary companies, shareholders, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from their use of the Services, the violation by Users of the Terms of Service or the infringement by Users of any intellectual property rights or other right of any person or entity. Users agree to immediately notify School Tours of America of any unauthorized use of their account or any other breach of security known to them. School Tours of America reserves the right to use any Participant’s site as a demonstration site. The Participant can request to be removed as a demonstration site by contacting School Tours of America.
12. Trademarks & Copyright: School Tours of America is a trademark of School Tours of America. All other product, brand and company names and logos used on the Sites are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Sites without the prior written consent of School Tours of America or the owner of the mark, as appropriate, is strictly prohibited. All information and content contained on, or made available over, the Sites are: Copyright © 2015 School Tours of America and/or its suppliers. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.
13. Relationship: The relationship between School Tours of America and the Users will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
14. Assignment: Users may not assign, convey, subcontract or delegate their rights, duties or obligations hereunder.
15. Modification: School Tours of America may at any time modify these terms and conditions and Users' continued use of the Sites will be conditioned upon the terms and conditions in force at the time of use by Users.
17. Additional Terms: Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of the Sites, and Users agree to abide by such other terms and conditions.
19. Governing Laws: This Term of Use and its performance shall be governed by the laws in force in the State of Texas, excluding its choice of law rules and regulations. Users consent and submit to the exclusive jurisdiction of the state and federal court of Harris County, Texas in all questions and controversies arising out of their use of the Sites and the Term of Use.