Terms of Use, Agreement & Refund, Privacy Policy are written in English language treated as official language for international relations and membership. By using our Online Service you declare that you have read everything and understand it clearly.
Please read these Terms of Use (“Terms of Use”) carefully. These Terms of Use are an agreement between you and USA Travel And Fun. (“USA Travel And Fun,” “we” or “us”) governing your use of (including any access to) the USA Travel And Fun website, currently located at www.USATravelAndFun.com together with any our partners sites thereto, the “Site”, and the information, services, products, materials and programs offered through the Site and/or at training and/or events places to you subject to these Terms of Use, which may be amended as described below. By accessing or using the Online Services, you agree to these Terms of Use. These Terms of Use hereby incorporate by this reference any additional terms and conditions with respect to the Online Services that are made available by USA Travel And Fun through the Online Services, or otherwise made available to you by USA Travel And Fun.
Notwithstanding the foregoing, the “Online Services” will be deemed to exclude USA Travel And Fun memberships, classes and training services, and other services that are not provided through the Site (named “Other Services”), the purchase and/or use of which may be subject to separate terms, conditions and/or policies provided by USA Travel And Fun, whether or not provided through the Site (collectively, “Other Terms”). For example, gym memberships are subject to, among other things, the terms and conditions of our Membership Policies and Club Membership Agreement. For clarity, in the event of any dispute arising out of or related to any Other Service, the terms and conditions of the applicable Other Terms will govern with respect to such dispute.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS ACTIONS OR OTHER COURT PROCEEDINGS.
THESE TERMS OF USE ALSO CONTAIN LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION PROVISIONS THAT MAY LIMIT YOUR RIGHTS PURSUANT TO APPLICABLE LAW.
IF YOU ARE AN INDIVIDUAL OR LEGAL ENTITY ACCESSING OR USING THE ONLINE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY COMPANY, CORPORATION, PARTNERSHIP, ORGANIZATION OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT; IF YOU DO NOT HAVE SUCH LEGAL AUTHORITY, SUCH ORGANIZATION WILL NOT ACCESS, USE OR OTHERWISE BENEFIT FROM THE SERVICE. References to “you” and “your” in these Terms of Use will refer to both the individual using the Online Services and any such Organization.
CHANGES TO THESE TERMS OF USE
We may change these Terms of Use at any time without any notification. So you are responsible to check this Terms of Use yourself from time to time. Any such changes will apply to any dispute between you and us Your continued use of the Online Services following any changes to these Terms of Use indicates your agreement to the updated Terms of Use. Accordingly, we urge you to review any updated Terms of Use, and if you do not agree to such updated Terms of Use, do not access or use the Online Services. The “Last modified” legend above indicates when these Terms of Use were last updated.
CHILDREN
By using (including any purchase of) any Online Service, you agree and warrant that you are 18 years old or elder and are of legal age to enter into this agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of parental control protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers; please note that USA Travel And Fun does not endorse any of the products or services listed on such site.
IMPORTANT NOTE REGARDING INFORMATION RELATED TO HEALTH
CALL 112 WHEN IN EUROPE OR 911 WHEN IN USA (ANOTHER EMERGENCY NUMBERS IN OTHER COUNTRIES) OR GO TO YOUR NEAREST HOSPITAL EMERGENCY ROOM IN THE EVENT OF AN EMERGENCY SITUATION.
YOUR USE OF THE ONLINE SERVICES AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES MAY MAKE AVAILABLE INFORMATION REGARDING HEALTH (“HEALTH INFORMATION”). PRIOR TO PARTICIPATING IN ANY EXERCISE PROGRAM OR ACTIVITY, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL. YOU AGREE THAT YOU WILL NOT USE ANY HEALTH INFORMATION PROVIDED BY OUR ONLINE SERVICES TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. APPLICATION OR RELIANCE ON OF ANY HEALTH INFORMATION, INCLUDING ANY TECHNIQUES, IDEAS AND SUGGESTIONS ACCESSED THROUGH OUR ONLINE SERVICES, IS AT YOUR SOLE DISCRETION AND RISK.
OUR ONLINE SERVICES, AND ANY HEALTH INFORMATION, (A) ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT; (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS; AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY HEALTH INFORMATION. HEALTH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF HEALTH INFORMATION. THE RELATIONSHIP BETWEEN YOU AND US IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION MADE AVAILABLE BY THE ONLINE SERVICES.
INFORMATION SUBMITTED THROUGH THE ONLINE SERVICES
Your submission of information through the Online Services is governed by the Online Services’ Privacy Policy (the “Privacy Policy”). You agree to provide true, accurate, current and complete information about yourself as prompted by our Online Services’ registration form and to update that information to keep it accurate.
PERMITTED USE AND RESTRICTIONS
Solely for so long as you are permitted by USA Travel And Fun to use the Online Services and subject to your compliance with the requirements and restrictions of these Terms of Use, you may, and you agree that you are only authorized to, access and use the Online Services solely for your own personal, non-commercial use or, if you are an Organization, solely for your own internal business use, or, if you are Donor, that you donating with your good will.
You agree that, absent our express prior written consent, you shall not duplicate, download, publish, modify, create derivative works, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or the use of) the Online Services except as specifically authorized herein. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software that are part of the Online Services are the property of USA Travel And Fun or our licensors and are protected by an international copyright law. You also agree that, in connection with our Online Services, you will not:
- violate or solicit the violation of any applicable local, state, national or international law;
- infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
- post, transmit or otherwise make available through or in connection with any Online Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; or (c) obscene, indecent, pornographic or otherwise objectionable;
- post, transmit or otherwise make available through or in connection with the Online Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- harvest or collect information about users of the Online Services;
- restrict or inhibit any other person from using the Online Services;
- reverse engineer, decompile or disassemble any portion of the Online Services, except to the extent such restriction is expressly prohibited by applicable law;
- remove any copyright, trademark or other proprietary rights notice from the Online Services;
- frame or mirror any portion of the Online Services, or otherwise incorporate any portion of the Online Services into any product or service, without our express prior written consent;
- systematically download and store Online Services content; or
- interfere with or disrupt our Online Services or the servers or networks used to make the Online Services available; or violate any requirement, procedure or policy of such servers or networks.
- involve and will not use the name of USA Travel And Fun in any illegal activity.
Furthermore, you agree that you will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from our Online Services, except, subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, to use such information or content for purposes of listing our Online Services with a publicly available search engine or other publicly available service designed to direct users to the Site. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Online Services.
CHANGES TO THE ONLINE SERVICES
USA Travel And Fun may, without notice or liability, change, suspend or discontinue any aspect of the Online Services at any time. USA Travel And Fun may also, without notice or liability, impose limits on certain features and services of the Online Services, restrict your access to all or portions of the Online Services or charge, modify or waive any fees required to use any Online Service.
TERMINATION AND VIOLATION OF THESE TERMS OF USE
These Terms of Use are effective until terminated. USA Travel And Fun may terminate these Terms of Use at any time and without prior notice, for any or no reason. Upon any such termination, your right to use the Online Services will immediately cease, and USA Travel And Fun may, without liability to you or any third party, immediately deactivate or delete your Access Credentials and account, and all associated materials (including any of Your Submissions), without any obligation to preserve or provide any further access to such materials. Except with respect to the access and usage rights set forth in the first sentence of the section titled “Permitted Use and Restrictions” and the sections titled “Changes to These Terms of Use” and “Changes to the Online Services,” the terms and conditions of these Terms of Use shall survive any termination of these Terms of Use.
Without limiting the foregoing, you understand and agree that, in USA Travel And Fun’s sole discretion, and without prior notice, USA Travel And Fun may terminate your access to the Online Services, or exercise any other remedy available and remove any unauthorized user information, if USA Travel And Fun believes or suspects that any of your actions or inactions have violated or are inconsistent with these Terms of Use, violate the rights of USA Travel And Fun or any third party, or violate the law. You agree that monetary damages may not provide a sufficient remedy to USA Travel And Fun for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.
COPYRIGHT POLICY
We may terminate the privileges of any user who engages in copyright infringement in connection with his or her use of the Online Services.
REPRESENTATION BY YOU
By accessing or using the Online Services, you represent, warrant and covenant that all content, information, data, materials or other resources of any kind submitted to us through or in connection with the Online Services (each, a “Submission”) by you (each, “Your Submission”) are complete and accurate, do not violate any applicable law and do not plagiarize, violate or infringe upon the rights of any third party, including trade secret, copyright, trademark, trade dress, privacy, patent or other personal or proprietary rights.
MONITORING
We may (but have no obligation to) monitor, evaluate, or analyze Your Submissions and your access to or use of the Online Services. We may disclose Your Submissions, any information regarding Your Submissions, your access to and use of the Online Services, and the circumstances surrounding such Submissions, access or use, to anyone for any reason or purpose. We may also alter or remove Your Submissions.
APPLICATIONS
You need to register to apply for our organized camps seminars, trainings and journeys or buying some online products using our Online Services. During the registration process you may be asked to enter your name, email address, phone, number, shipping address (for things that are shipped physically) and/or other sensitive information if your purchasing full packages including flight tickets and hotels and other services.
You also represent and warrant that: (i) you will not select or utilize a name of another person with intent to impersonate that person; and (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name. We may reject or require that you correct it data if you provide to us incorrect data when registering.
Without limiting the foregoing, if you are an Organization, (1) you acknowledge and agree that all of your employees using the Online Services (each, a “User”) will have the authority to act in your name and on your behalf with respect to such Users’ activities in connection with the Online Services; (2) you hereby authorize any and all transactions, submissions, instructions, authorizations and other acts initiated through the use of any your data; (3) you are responsible for each User’s acts and omissions in connection with their use of the Online Services; and (4) you will ensure that each User complies with these Terms of Use.
LICENSE GRANTED BY YOU
Certain Online Services functionality may provide users with the ability to submit Submissions. For purposes of clarity, you retain ownership of Your Submissions. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit Your Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE ONLINE SERVICES, YOU DO SO AT YOUR OWN RISK. You represent and warrant that you have all rights necessary to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law under any legal theory.
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Online Services or otherwise, such Feedback will be deemed Your Submission, and you hereby acknowledge and agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
RESOURCES
The Online Services may make available information, data, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by USA Travel And Fun or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, appropriateness or safety of any Resources, or any intellectual property rights therein. Resources, and the availability of Resources, are subject to change at any time without notice. We disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Online Services, or by anyone who may be informed of the content of any Resources. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws regarding the use, possession or acquisition of any Resources.
TRANSACTIONS
We may make available the ability to purchase or otherwise obtain certain products or services through the Online Services (a “Transaction”). If you desire to engage in a Transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD OR PAYMENT SERVICE THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable products or services will be used only in a lawful manner.
USA Travel And Fun reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product or service available through the Online Services (each, a “Product”); to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. We make no representations as to the accuracy, validity, timeliness, completeness or reliability of listings, descriptions or images of Products (including any features, specifications and prices contained therein), and such information and the availability of any Product (including the validity of any price, coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your device, software and settings, and we cannot guarantee that your device will accurately display such colors.
Without limiting the foregoing, USA Travel And Fun reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not the order has been confirmed and your credit card charged). Refunds and exchanges will be subject to USA Travel And Fun’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Online Services, at the prices in effect when such charges are incurred, including any shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. The receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
If applicable, Products will be shipped to an address designated by you, so long as such address is complete and complies with the shipping restrictions made available through the Online Services. All Transactions with respect to physical Products are made pursuant to a shipment contract and, as a result, risk of loss and title for such Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
SUBSCRIPTION SERVICES
USA Travel And Fun may provide various types of paid and free subscription services such as lessons, various advertising etc.
USA Travel And Fun may offer a free or reduced-price trial subscription as for members and for non-USA Travel And Fun members, for a specified trial period either without payment or with payment of a reduced fee (“Promotional Trial Period”). To initiate your Promotional Trial, you will be required to provide your credit card or other payment method. By initiating your Promotional Trial, you affirmatively consent to have your credit card of other payment method charged automatically on a periodically recurring basis if you do not cancel your subscription before the end of the Promotional Trial.
DONATIONS
As USA Travel And Fun is registered with government as official receiver of donation any private or legal entity has right to make donation in favour of USA Travel And Fun. Donation may be executed by online payment and by bank wire transfer as well. Also donation could be done by giving to USA Travel And Fun various equipment, giving lessons, training and etc. USA Travel And Fun doesn’t collect any Donor(s) data. When Donor(s) makes donation he/she declares that is legal age (18 years or elder), has right and doing it with good will and non-refundable. When donating Donor(s) gives the right for USA Travel And Fun to use the funds for equipment, members’ travel and participating in various camps, competitions, seminars and any other legal purposes. Donations could be don as well as single transaction or on periodically recurring basis (e.g. weekly, monthly, annually).
BILLING AND FEES
By making a purchase for subscription services via the applicable safe provider and providing your credit card or other payment method information, you authorize the Provider to charge your credit card or other payment method for the subscription service at the then-current rate and any additional charges (including late charges and applicable federal, state, or local taxes). Billing for Purchases will be handled by the Provider according to their terms.
BY REGISTERING FOR THE SUBSCRIPTION SERVICE, YOU AFFIRMATIVELY CONSENT TO HAVE YOUR CREDIT CARD OR OTHER PAYMENT METHOD CHARGED ON A PERIODICALLY RECURRING BASIS (E.G. WEEKLY, MONTHLY OR ANNUALLY), UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION BY FOLLOWING YOUR SERVICE PROVIDER’S INSTRUCTIONS (see also Cancellation below).
SUBSCRIPTION RATE CHANGES
USA Travel And Fun may change the subscription rate from time to time. If we do, you will be provided advance notice of any change in the subscription rate. If you do not agree with the new subscription rate, you may cancel your subscription prior to the new subscription rate taking effect. If you continue to use the subscription services after the subscription rate has gone into effect, you will be charged the new rate until you cancel or the rate changes.
CANCELLATION
You may cancel your subscription by the given to you instructions. In the event that you cancel your Subscription before the end of your subscription period, USA Travel And Fun will not return any portion of the subscription fee provided and you will be entitled to continue accessing the features until the end of your subscription period. USA Travel And Fun reserves the right to terminate your access to the Subscription Service, or any portion thereof at any time, without notice.
NO COMMERCIAL USE
The Online Services may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain USA Travel And Fun’s prior written consent to make commercial offers of any kind through the Online Services, whether by advertising, solicitations, links or any other form of communication. USA Travel And Fun will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Online Services and barring such violators from use of the Online Services.
LINKS AND SEARCH ENGINES
The Online Services may make available access to Resources made available by third parties, including Submissions (“Third Party Resources”), or allow for the routing or transmission of such Third Party Resources, including via links to sites operated by third parties throughout the World Wide Web. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Resources. USA Travel And Fun has no control over, does not endorse, is not affiliated with and is not responsible for any Third Party Resources (and the availability of any Third Party Resources through the Online Services does not imply such control, endorsement, affiliation or responsibility), including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Resources, or any intellectual property rights therein. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. USA Travel And Fun does not make any guarantee, representation or warranty with respect to any Third Party Resources, including with respect to whether any Third Party Resources are accurate, legal and/or inoffensive, or whether they contain viruses or may otherwise impact your computer. By using the Online Services to search for or link to any Third Party Resources, you agree and understand that you may not make any claim against USA Travel And Fun for any damages or losses whatsoever resulting from your use of the Online Services to obtain search results or to link to Third Party Resources. If you have a problem with a link from the Online Services, you may notify us, with the subject line “Broken Links.” We have no obligation to monitor Third Party Resources, and we may block or disable access to any Third Party Resources (in whole or part) through the Online Services at any time.
YOUR USE OF THIRD PARTY RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY RESOURCES (SUCH AS TERMS OF USE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY RESOURCES).
PROMOTIONS
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Online Services may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern with respect to such Promotion to the extent of such conflict.
INTELLECTUAL PROPERTY
You acknowledge that all content and materials available on or through the Online Services are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by USA Travel And Fun or our licensors. You may only use the Online Services or their contents as expressly permitted in these Terms of Use and for no other purpose. USA Travel And Fun, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Online Services. Except as expressly provided in these Terms of Use or as we may otherwise expressly authorize in advance in writing, you shall have no right to, and you agree not to (directly or indirectly), own, use, sell, license, sublicense, assign, rent, lease, loan, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, translate, improve, edit or create any new or derivative works from the Online Services, or any content or materials available through the Online Services (including software), in whole or in part. Systematic retrieval of data or other content from the Online Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. You shall have no rights to the proprietary software and related documentation, if any, provided to you by or on behalf of USA Travel And Fun in order to access the Online Services.
The trade names, trademarks, service marks and logos displayed through the Online Services are the property of USA Travel And Fun and/or other third parties. Except when referring to USA Travel And Fun and/or its products and services, you may not use our trade names, trademarks, service marks or logos (including the marks listed below) or any trade name, trademark, service mark or logo confusingly similar thereto. Nothing contained in the Online Services should be construed as granting any license or right to use any trade names, trademarks, service marks or logos without the express prior written consent of the applicable owner.
The following are registered and unregistered trademarks and/or service marks owned by USA Travel And Fun. The foregoing is a non-exhaustive list of the registered and unregistered trademarks or service marks in which USA Travel And Fun claims rights, and USA Travel And Fun reserves the right to amend the list, as necessary and appropriate. The omission of any registered and/or unregistered trademark or service mark from the foregoing list shall not constitute a waiver of any intellectual property rights owned by USA Travel And Fun, and USA Travel And Fun expressly reserves all such rights.
COPYRIGHT INFRINGEMENT CLAIMS
The Digital Copyright Act (DCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that materials available through the Online Services infringe your copyright, you (or your agent) may send to USA Travel And Fun a written notice by mail, e-mail or fax, requesting that USA Travel And Fun remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Online Services, the DCA permits you to send to USA Travel And Fun a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DCA (see www.copyright.gov for details), which, with respect to notices of alleged infringement, currently include, among other requirements, the following:
- A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- A description of the allegedly infringing material and information sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address;
- A statement by you 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
- A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Notices and counter-notices must be sent in writing to our DCA agent and to USA Travel And Fun
We suggest that you consult your legal advisor before filing a DCA notice or counter-notice. You may have equivalent rights under other applicable laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT, OTHER THAN TO THE EXTENT THAT ANY WARRANTY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW (IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOLLOWING DISCLAIMER OF WARRANTIES PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT), (A) THE ONLINE SERVICES AND ALL MATERIALS, RESOURCES, INFORMATION, SOFTWARE, THIRD PARTY RESOURCES, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES (COLLECTIVELY, TOGETHER WITH THE ONLINE SERVICES, THE “OFFERING”) ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE” FOR YOUR USE. THE OFFERING IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE; AND (B) NONE OF USA Travel And Fun, ITS SUBSIDIARIES OR ITS AFFILIATES, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, NOR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “USA Travel And Fun PARTIES”), MAKE ANY WARRANTY THAT THE CONTENT OF THE ONLINE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; THAT THE ONLINE SERVICES ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE THROUGH THE ONLINE SERVICES. ALL DISCLAIMERS OF ANY KIND IN THESE TERMS OF USE (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF BOTH USA Travel And Fun AND THE OTHER USA Travel And Fun PARTIES.
Third parties may make unauthorized alterations to the Online Services. If you become aware of any such alteration, contact us with a description of such alteration and its location on the Online Services.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ANY USA Travel And Fun PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARISE OUT OF OR ARE RELATED TO THE OFFERING OR THESE TERMS OF USE, INCLUDING DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES, RESOURCES, PRODUCTS, THIRD PARTY RESOURCES OR FROM INFORMATION MADE AVAILABLE THROUGH THE ONLINE SERVICES OR ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. THE FOREGOING LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SECTION TITLED “TRANSACTIONS,” YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE OFFERING IS TO STOP USING THE ONLINE SERVICES. THE MAXIMUM LIABILITY OF ALL USA Travel And Fun PARTIES, IN THE AGGREGATE, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE OFFERING OR THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS (EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE), SHALL BE NOT GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO USA Travel And Fun SOLELY TO USE THE ONLINE SERVICES.
ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THESE TERMS OF USE (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF BOTH USA Travel And Fun AND THE OTHER USA Travel And Fun PARTIES.
IF ANY LAW THAT APPLIES TO YOU DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH ABOVE, TO THE EXTENT REQUIRED BY SUCH APPLICABLE LAW, THE APPLICABLE EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU (AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS) AND OUR LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE OFFERING OR THESE TERMS OF USE SHALL BE LIMITED TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW. IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF USA, NEW JERSEY AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.
USA TRAVEL AND FUN IS NOT, CANNOT AND WILL NOT BE LIABLE AND RESPONSIBLE FOR ANY THIRD PART ONLINE AND OFFLINE ACTIONS AND TRANSACTIONS. YOU OBLIGATE TO KEEP AWAY USA TRAVEL AND FUN FROM ANY SCAMS, MORAL AND FINANCIAL DAMAGES.
INDEMNIFICATION
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless USA Travel And Fun and the other USA Travel And Fun Parties from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Online Services (including Your Submissions); or (b) any violation or alleged violation of these Terms of Use by you. IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOREGOING INDEMNIFICATION PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE USA, NEW JERSEY AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.
GOVERNING LAW
These Terms of Use, your use of the Online Services, all transactions through the Online Services and any claims arising out of or relating to the Online Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), shall be governed by the laws of USA, New Jersey without conflict of law provisions that would require the application of the laws of another jurisdiction
ARBITRATION OF DISPUTES
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHOULD BE RESOLVED IN FRIENDLY MANNER BETWEEN CLIENT AND USA TRAVEL AND FUN. IN CASE IF IT IS IMPOSSIBLE (EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS), IT SHOULD BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) USA Travel And Fun AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the under its Consumer Arbitration Rules as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made in the Republic of USA, New Jersey. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.
INTERNATIONAL USE
The Online Services are controlled or operated (or both) from the USA, New Jersey, and are not intended to subject USA Travel And Fun to any non-USA, New Jerseyn jurisdiction or law. By choosing to access the Online Services from any location other than the USA, New Jersey, you accept full responsibility for compliance with all laws that are applicable. USA Travel And Fun makes no representation that materials available through the Online Services are appropriate or available for use in locations outside the USA, New Jersey and accessing them from territories where their contents are illegal is prohibited. We may limit the availability of the Online Services at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
You may not use, export or re-export any materials from this Online Services in violation of any applicable laws or regulations, including, but not limited to, any USA, New Jersey export laws and regulations, and you represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a USA, New Jersey government restriction, or that has been designated by the USA, New Jersey government as a “terrorist supporting” country; or (b) on any of the USA, New Jersey government lists of restricted end users.
CONTACT INFORMATION, NOTICES
Our Online Services are offered by USA Travel And Fun, located 115 Lexington blvd, Clark, New Jersey, and you can call us by phones indicated on website if you have any questions or complaints about the Online Services. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. Except as explicitly stated otherwise in these Terms of Use, any notices in connection with these Terms of Use shall be given, in the case of notices to USA Travel And Fun, by email.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between USA Travel And Fun and you with respect to the Online Services and supersedes all prior or contemporaneous communications and proposals between us with respect to the Online Services. For clarity, nothing in these Terms of Use amends or modifies, or has any effect upon, the terms and conditions of any separate agreement that you may have entered into with USA Travel And Fun. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. Section titles in these Terms of Use are for convenience and do not define, limit or extend any provision of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and USA Travel And Fun. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. USA Travel And Fun will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.