Terms of Service

Last updated: March 10, 2023

 

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and eTour Travel Services, Inc. (hereafter “us”, “we”, “our”, or “eTour”) governing the use of eTour’s websites, applications, and other related content or services (collectively referred to as “Services” hereafter).

Section 3 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against eTour. Please read them carefully.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. These Terms expressly govern the use of the Services.

2. Modification or Termination

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason, effective upon posting of an updated version of these Terms on our website.  We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.  It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

We, in our sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason including, but not limited to, violation of this Agreement.

3. Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against eTour on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You and eTour are each waiving your right to a trial by jury.

3.1 Dispute Resolution Process. In the event of dispute, you agree to follow this sequential two-part process: (1) an informal negotiation directly with eTour’s customer service team (described in paragraph 3.2, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and eTour each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

3.2 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and eTour each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to eTour electronically by submitting the Contact form through eTour’s website (etourapp.com/contact) and providing your email address in the notice. eTour will then send its notice of dispute to the email address you indicated in your notice. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

3.3 Agreement to Arbitrate. You and eTour mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the use of eTour Services will be settled by binding individual arbitration. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and eTour agree that the arbitrator will decide that issue.

3.4 Exceptions to Arbitration Agreement. This Arbitration Agreement shall not require arbitration for the following claims: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You and eTour agree to not require arbitration in these limited circumstances and that this does not waive the enforceability of any other provisions of this Arbitration Agreement.
3.5 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect with the exception of the modification in section 3.6, unless you and eTour both agree otherwise in writing. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

3.6 Modification of AAA Rules – Attorney’s Fees and Costs. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

3.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

3.8 No Class Actions or Representative Proceedings. You and eTour acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

3.9 Severability. In the event that a portion of this Arbitration Agreement is deemed illegal or unenforceable, such portion will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

3.10 Survival. The Arbitration Agreement outlined in Section 3 will survive any termination of these Terms and will continue to apply even if you stop using eTour Services.

4. Our Services

The eTour Services enable users to search for and access travel information, guides, and tours for cities around the world. Unless otherwise agreed by eTour in a separate written agreement with you, these Services are made available solely for your personal, noncommercial use.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of eTour Services, including your participation in any tour, relying on any guide information, or any interaction you have with other users whether in person or online. This means it is your responsibility to investigate a tour or travel guide to determine whether it is suitable for you. For example, travel to certain locations may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in activities recommended by or related to eTour Services.

5. Modification of Service

eTour reserves the right to modify, update or discontinue our Services, or any features or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Services at any time for any reason without notice, obligation or liability to you.

6. Disclosure

Some content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that eTour may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to content through the eTour app at any time without notice.

We may also participate in the Amazon Services LLC Associates Program, Groupon.com, Booking.com, Airalo, or other affiliate advertising programs in which we earn fees by linking to affiliated sites. There is no additional cost to you if you make a purchase following an affiliate link through our Services.

7. Third-Party Services and Content

Certain Third-Party Services or content may be available through eTour Services. Once you click on a link to access third-party services, you will be subject to the terms and conditions and privacy policy of that service provider, which are different from eTour’s. eTour will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by eTour. eTour does not endorse such third-party providers and in no event shall eTour be responsible or liable for any products or services of such third-party providers.

In the event of a conflict in the terms of any Third-Party Services and these Terms, these Terms shall control with respect to eTour and your agreements with eTour herein, and the limitations of liability set forth in Section10 shall also apply to the Third-Party Provider. The Arbitration Agreement provisions in Section 3 above shall apply instead of the terms of any Third-Party Services for all purposes except with respect to claims that are solely against the Third-Party Provider.

8. Account Registration

You may be required to register an account to access some features of eTour services. Registration is only permitted for individuals at least 18 years or older. By registering, you are legally representing that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. By using our Services, you warrant that your use of the Services will not violate any applicable law or regulation. We may review your registration at any time and retain the right to deny or terminate your account at our sole discretion without notice. We shall have no liability for such denial or termination of account registration.

You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify eTour if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. 

9. Copyrights and Trademarks

Unless otherwise indicated, all materials, including, without limitation, logos, brand names, images, designs, photographs, audio clips, video clips,source code, databases, functionality, software, and written and other materials, that appear as part of our Service, are copyrights, trademarks, and/or other intellectual property, whether registered or unregistered (hereafter, “Intellectual Property”) owned, controlled or licensed by eTour. These Intellectual Property are protected by copyright and trademark laws. Nothing on these Services should be construed as granting any license or right to use any intellectual property displayed or used on the Services, without the prior written permission of the intellectual property owner.

10. No Warranties, Exclusion of Liability, and Indemnification

OUR SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT A WARRANTY, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

THE INFORMATION AND MATERIALS CONTAINED IN OUR SERVICES ARE PROVIDED FOR YOUR REFERENCE ONLY. THE INFORMATION AND MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, USEFUL, OR UP TO DATE. THEY MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SERVICES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR SERVICES.

YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER ETOUR OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE USE OF OUR SERVICES, THE INFORMATION IN OUR SERVICES, THE DELAY OR INABILITY TO USE OUR SERVICES OR OTHERWISE ARISING IN CONNECTION WITH OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

You agree to defend, indemnify and hold eTour harmless from, and against, any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Services.

11. Code of Conduct for Using Our Services

  1. You agree to use our Services, its content, and our Service solely for the purposes expressed in this Agreement.
  2. You agree to not in any way attempt to use any method to gain unauthorized access to any paid content and features of our Services.
  3. You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the content and functions in our Service.
  4. You agree to not use our Services or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource, that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
  5. You agree not to access the Services using automated or non-human means, such as bots, scripts, or otherwise.
  6. You agree not to use our Services to “stalk” or otherwise harass another person, whether they are a user of our Services or not.
  7. You agree not to harvest or collect email addresses or other contact information from users of our Services, for the purposes of sending unsolicited emails or other unsolicited communications.
  8. You agree to not use the Services for any illegal or unauthorized purpose.

This Agreement constitutes the entire agreement between you and eTour, with respect to our Services. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and eTour, with respect to our Services. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.

12. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content on any of the eTour Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to have the content removed. Please provide us with the following information in writing:

  1. Identification of the copyrighted work claimed to have been infringed: Please provide us with the information such as location, name and description of the work, to locate the infringed material.
  2. Your contact information, such as your physical address, telephone number, and an email, so we can contact you.
  3. A statement that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  5. Your physical or electronic signature on the notification.

Please send copyright infringement notifications through this contact form: https://www.etourapp.com/contact