1. Summary
The following Terms of Service (the “Agreement”) contain important information and form a binding agreement between you and Bestraveler. As used in the Agreement, the terms “Bestraveler”, “we”, “us” and “our” refer to Bestraveler, Inc., an Illinois corporation. The terms “consumer”, “you” and “user” refer to any person who purchases, books, redeems or participates in, activities that are organized and promoted by Bestraveler (the “Tours”). Please review the Agreement carefully. By using our website located at http://www.bestravelerca.com and other online areas owned or operated by us, such as Facebook and mobile phone applications (collectively, the “Site”) or any services of Bestraveler relating to the Brewery Tours, you are agreeing to the terms of the Agreement, as well as our Privacy Policy which is published on the Site and incorporated into this Agreement by reference.
2. The Bottom Line
The terms of this Agreement will govern your use of the Site and the purchase of any Tours (the Site and the Tours are also included in the term “Bestraveler”). If you do not agree to the terms of this Agreement, you must stop using the Site.
3. Tours
Bestraveler provides consumers with opportunities to purchase admission to brewery tours (each opportunity is referred to as a “Tour”).
A. By placing an order for a given Tour, you make an offer to purchase a ticket or tickets (each an “Tour Ticket”) to the Tour. Once you have placed your order, your credit card will be charged for the amount of the Tour and you will receive an e-mail confirmation of the purchase transaction.
B. Each Tour has specific terms associated with the Tour, which will be presented to you at the time you commit to purchase the particular Tour. Tour specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law. In addition, each Tour will be date specific.
C. Bestraveler promotes and markets the BreweryTours and acts an as agent in offering the Tours on behalf of the Merchants. In the Tour a Tour requires the purchase of a ticket for each tour participant.
D. From time to time we may offer special promotions, discounts, contests and/or sweepstakes intended to provide you an incentive to purchase Tours or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
E. The Site can be accessed from countries around the world. You understand that some or all of the Tours may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Bestraveler reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Ticket for any Tour to a person residing in any jurisdiction or geographical area. Bestraveler does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. In addition, when you purchase and Tour and/or a Ticket, it is a final sale.
5. Your End of the Bargain
Your permission to use bestravelerca.com, purchase Tickets and attend Tours is conditioned upon your agreement that you:
A. are 21 years of age or older;
B. will comply with these Terms of Service;
C. will not copy or distribute any part of Bestraveler in any medium without Bestraveler’s prior written authorization;
D. will provide accurate information when creating an account or registering for Tours and when purchasing Tickets;
E. will not use Bestraveler to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
F. will not use the communication systems provided by or contacts made on Bestraveler for any commercial solicitation purposes;
G. are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
H. represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Bestraveler to use any and all Content submitted by you to Bestraveler in accordance with the licenses granted in this Agreement;
I. hereby grant each Bestraveler user, whether using Bestraveler or an application authorized by Bestraveler but developed via a third-party developer, a non-exclusive license to access the Content you submit through Bestraveler and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Bestraveler’s functionality and under these Terms of Service;
J. will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secrets, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Bestraveler; and
K. hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
6. Non-Confidentiality, Security and Privacy
Information, such as credit card information, provided in connection with the purchase of an Tour will be maintained by Bestraveler or, when necessary, a third party ticketing site, with appropriate privacy and security protections. Other information that you submit, however, such as such as postings and invitations is submitted precisely for the purpose of disclosure to Bestraveler, and therefore such information is not subject to any confidentiality obligation. You agree that information provided to us in connection with the purchase of an Tour, other than your credit card information, may be disclosed by us to promote the Tour. Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at http://www.bestravelerca.com/privacy-policy. Any communications between you and Bestraveler, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Tours will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.
7. Rules Regarding Information and Content
When you use the Site, you agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Bestraveler), and you agree not to post or use any Content in any manner that: infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others, violates the privacy, publicity, or other rights of third parties, is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Bestraveler in its sole discretion, is false or inaccurate, or could damage our company, parent company, sister companies, affiliates, advertisers, or other parties. Though we strive to enforce these rules with all of our users, you may be exposed through the Site to Content that violates our policies or is otherwise offensive. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
8. Rules Regarding User Conduct
It is our goal to make the use of our Site a good experience for all of our users, so you agree not to do any of the following:
A. conduct or promote any illegal activities while using the Site;
B. upload, distribute or print anything that may be harmful to minors;
C. attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
D. attempt to gain access to secured portions of the Site to which you do not possess access rights;
E. upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
F. use the Site to generate unsolicited email advertisements or spam;
G. use any automatic or manual process to search or harvest information from the Site, or to interfere in any way with the proper functioning of the Site; or impersonate another user.
9. Links to Third Party Sites
Bestraveler may contain links to third party websites that are not owned, operated, or controlled by Bestraveler and we don’t have control over these sites. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Bestraveler you expressly relieve us from any and all liability arising from your use of any third party website.
10. Tour Venues
Tours take place at venues that include, but are not limited to, bars, restaurants, museums, theaters, public parks and other private enterprises. Please note that we have no control over the identity or actions of individuals who attend the Tours. We request that our users exercise good judgment when attending Tours. In addition, because we do not control the Tours or interactions among consumers, and because, unless specifically noted in the Tour materials, or with the actions of any individuals at the Tours and because we cannot guarantee the true identity of other users, you agree that you bear all risk and that you agree to release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now an in the future, arising out of or in any way connected with your use of the Site, your purchase of any Tours or Tickets, our resolution of any disputes among users and/or your transportation to or from, attendance at, or the actions of other persons at a Bestraveler Brewery Tour. You further waive any and all rights and benefits otherwise conferred to limit the scope of a release or waiver.
11. Disclaimers of Warranty
We provide the Site “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about the Site or Tours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND TICKETS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT BESTRAVELER WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BESTRAVELER, INCLUDING ANY TOURS OR TICKETS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A BESTRAVELER REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
12. Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF BESTRAVELER. IN NO TOUR SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13. Indemnity
You agree to defend, indemnify and hold harmless Bestraveler, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to Bestraveler; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Bestraveler.
14. Reservation of Rights and Release
Bestraveler reserves the right, but has no obligation, to monitor, or take any action Bestraveler deems appropriate regarding disputes that you may have with other customers of ours or any third party vendors. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any third party vendors. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “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.”
15. Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site in accordance with this Agreement. “Bestraveler” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Tours may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement. The Content on Bestraveler, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Bestraveler. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Bestraveler, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by Bestraveler is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
16. Copyright Notice
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) 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. Bestraveler’s designated Copyright Agent to receive notifications of claimed infringement can be reached at info@bestravelerca.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
17. Electronic Communications
The communications between you and Bestraveler use electronic means, whether you visit the Site or send us emails, or whether Bestraveler posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Bestraveler in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bestraveler provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
18. Entire Agreement, Changes to this Agreement and Waivers
This Agreement, together with the Privacy Policy at and any other legal notices published by Bestraveler on the Site or any Ticket, shall constitute the entire agreement between you and Bestraveler concerning Bestraveler. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Bestraveler’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Bestraveler. No purported waiver or modification of this Agreement by Bestraveler via telephonic or email communications shall be valid.
19. Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
This Agreement is between you and Bestraveler. The identity of the Bestraveler. You are contracting with Bestraveler, Inc. Communications may be directed to: Bestraveler Inc., info @ bestravelerca.com. The laws of the State of Illinois govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and Bestraveler that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the State of Illinois.
20. General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. YOU AND BESTRAVELER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BESTRAVELER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You represent that you are legally able to accept these Terms of Service. You affirm that you are at least 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 21 years of age or older. If you aren’t, you must please cease use of Bestraveler.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.