Website Terms Of Use
Please review the following Website Terms of Use (the "Terms of Use") carefully. These Terms of Use constitute a legally binding contract between each Participant and School Tours of America regarding Participant’s access to all websites maintained by School Tours of America.
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.
School Tours of America also maintains accounts on a variety of 3rd-party social media sites in compliance with the Terms of Use of the host sites. These include facebook, twitter, youtube, flickr, instagram and google+.
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”.
By accessing any of the Sites maintained by School Tours of America, whether directly or through a link on a 3rd party website, the User agrees to the terms and conditions as outlined herein. School Tours of America reserves the right to change the Terms of Use from time to time at its sole discretion by posting such revised Terms of Use on the STA Site, MyTourFund site or MyTour sites. User's continued use of the Sites following any such change constitutes an agreement to follow and be bound by the Terms of Use as changed. If a User does not agree with any part of the Terms of Use, she/he must not use the Sites. Participants hereby undertake to post and abide by the Terms of Use on any and all participant sites at all times.
1. Ownership: The Sites, with the exception of the social media sites, are the property of School Tours of America, its licensors and/or its various third party providers and distributors and as the case may be, its Participants and are protected by copyright, trademark and other intellectual property rights laws. By accessing the Sites, the User agrees that all copyright and trademark notices, including any other proprietary notices, contained in the materials shall be maintained, and the User agrees not to alter, obscure or obliterate any of such notices. Unless otherwise set forth in the Terms of Use, none of the content or data found in the Sites (except that content or data provided by a Participant in a Participant Site may be modified by the Participant) may be copied, reproduced, republished, sold, transferred, modified or distributed in any way without the prior written consent of School Tours of America, its licensors and/or its third party providers and distributors. Trademarks, logos, images and service marks displayed on the Sites are the property of either School Tours of America or other third parties. Users agree not to display or use such marks without prior written consent of School Tours of America.
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.
6. Acknowledgement: Donors acknowledge and agree: (a) to the Terms of Use, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein, (b) that Donors are solely responsible for any donations due, (c) that the donations are not for any commercial purposes whatsoever, but to help sponsor a Participant’s trip, and (d) that School Tours of America reserves the right to refuse a donation, including without limitation, where School Tours of America has determined, in its sole discretion, that the Donor is, or was, in breach of the Terms of Use. Any such refusal by School Tours of America shall be in addition to and without prejudice to such rights and remedies as may be available to School Tours of America, including injunction and other equitable remedies. In certain cases School Tours of America may require to hold funds as a reserve if an event poses what it deems as additional risk.
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.
9. Limitation of Liability: SCHOOL TOURS OF AMERICA AND ITS DIRECTORS, SHAREHOLDERS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITES, (B) THE CONTENT ON THE SITES, (C) WEB SITES, AND THE CONTENT THEREIN, LINKED TO THE SITES, (D) THE GOODS OR SERVICES PROVIDED BY ANY PARTICIPANT OR THIRD PARTY THROUGH THE SITES, (E) ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITES, AND/OR (F) THE LIABILITY TO USE THE SITES AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASE IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCHOOL TOURS OF AMERICA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES, SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO DONORS. IF, NOTWITHSTANDING THE FOREGOING, SCHOOL TOURS OF AMERICA SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITES OR ITS CONTENT OR CONTENT PROVIDED BY SCHOOL TOURS OF AMERICA, SCHOOL TOURS OF AMERICA'S LIABILITY SHALL IN NO EVENT EXCEED THE HIGHER OF FIVE HUNDRED U.S. DOLLARS ($500.00) OR THE FEES CHARGED TO THE USER BY SCHOOL TOURS OF AMERICA VIA THE SITES, IF ANY, WITH RESPECT TO WHICH LIABILITY IS FOUND. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO SCHOOL TOURS OF AMERICA AND WITHOUT ANY LIABILITY WHATSOEVER, SCHOOL TOURS OF AMERICA AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS TO A USER TO ANY COMPONENT OF THIS SITES. THE FOREGOING TERMS OF USE SHALL APPLY TO BOTH CONTRACT AND NEGLIGENCE CLAIMS.
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.
11. No License; Intellectual Property of School Tours of America and Others: Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of School Tours of America's or any third party's intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, Users acknowledge and agree that certain content available through and used to operate the Sites and Services is protected by copyright, trademark, patent, or other proprietary rights of School Tours of America, its affiliates, licensors, and/or service providers. Users agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the Sites. Further, Users agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Sites nor use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to Users through the Sites. Copying any content on the Sites is strictly prohibited. Nowithstanding the foregoing, Participants hereby certify that they have the right to upload, broadcast and distribute any content and pictures which will be posted on the Participants' website (the "Website content") and that that such Website content does not violate this Terms of Use or any third parties' proprietary rights. Participants also hereby grant to School Tours of America a perpetual non-exclusive royalty-free license to make copies, distribute and sell the Website content to Users which may have an interest in the Participant's website. If you have any questions as what is considered an authorized use of the Sites, please contact us at 713-973-8687.
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.
16. Termination: School Tours of America may terminate access by Users to the Sites and/or the provision of any of the services offered by School Tours of America at any time for any reason, including any improper use of the Sites or Users' failure to comply with this Terms of Use. Such termination shall not affect any right to relief that School Tours of America may be entitled to, at law or in equity. Upon termination of this Terms of Use, all rights granted to Users will terminate and revert to School Tours of America.
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.
18. Entire Agreement: This Term of Use constitutes the entire agreement between each User and School Tours of America. Additionally, this Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The heading used in the Terms of Use are included for convenience only. Users acknowledge that they have read the Terms of Use, understand it, and agree to be bound by its terms and conditions. Users further agree that it is the complete and exclusive statement of the agreement between Users and School Tours of America which supersedes any proposed or prior agreement, oral or written, and any other communications between Users and School Tours of America relating to their use of the Sites.
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.