Agreement between user and www.ExploreAll50.com
Welcome to www.ExploreAll50.com. The www.ExploreAll50.com website (the "Site") is comprised of various web pages operated by www.ExploreAll50.com ("ExploreAll50"). www.ExploreAll50.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ExploreAll50.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
WWW.EXPLOREALL50.COM IS A TRAVEL GUIDE SITE
ExploreAll50.com is a travel guide filled with itineraries, tips, and not-to-be-missed places to visit across the United States. It’s also a how-to tool to help you craft educational adventures while creating wonderful experiences of your own.
PRIVACY
Your use of www.ExploreAll50.com is subject to ExploreAll50 Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting www.ExploreAll50.com or sending emails to ExploreAll50 constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
In order to post comments, and mark favorite comments on the Site, you must have a valid email address–used to confirm the account. You acknowledge that ExploreAll50 is not responsible for third party access to your email address that results from theft or misappropriation of your email address. ExploreAll50 and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
ExploreAll50 does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ExploreAll50.com only with permission of a parent or guardian.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.ExploreAll50.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ExploreAll50 and ExploreAll50 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ExploreAll50 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ExploreAll50 of the site or any association with its operators.
Certain services made available via www.ExploreAll50.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ExploreAll50.com domain, you hereby acknowledge and consent that ExploreAll50 may share such information and data with any third party with whom ExploreAll50 has a contractual relationship to provide the requested product, service or functionality on behalf of www.ExploreAll50.com users and customers.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS OF USE.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use www.ExploreAll50.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ExploreAll50 that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ExploreAll50 or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ExploreAll50 content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ExploreAll50 and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ExploreAll50 or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
ExploreAll50 has no obligation to monitor the Communication Services. However, ExploreAll50 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ExploreAll50 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ExploreAll50 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ExploreAll50’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ExploreAll50 does not control or endorse the content, messages or information found in any Communication Service and, therefore, ExploreAll50 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ExploreAll50 spokespersons, and their views do not necessarily reflect those of ExploreAll50.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO WWW.EXPLOREALL50.COM OR POSTED ON ANY EXPLOREALL50 WEB PAGE
ExploreAll50 does not claim ownership of the materials you provide to www.ExploreAll50.com (including feedback and suggestions) or post, upload, input or submit to any ExploreAll50 Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ExploreAll50, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ExploreAll50 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ExploreAll50’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
INTERNATIONAL USERS
The Service is controlled, operated and administered by ExploreAll50 from our offices within the United States and is not intended to subject ExploreAll50 to the laws or jurisdiction of any state, country or territory other than those of the United States. ExploreAll50 does not represent or warrant that the Site or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. ExploreAll50 may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction ExploreAll50 chooses, at any time and in ExploreAll50’s sole discretion.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless ExploreAll50, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ExploreAll50 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ExploreAll50 in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EXPLOREALL50.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE INFORMATION CONTAINED ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY EXPLOREALL50 AND WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE SITE OR THE INFORMATION, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
EXPLOREALL50 makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Site and/or the content or Materials contained therein. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by EXPLOREALL50. Views and opinions of users of this Site do not necessarily state or reflect those of EXPLOREALL50. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Site.
EXPLOREALL50.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXPLOREALL50.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXPLOREALL50.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXPLOREALL50.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
ExploreAll50 reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
ExploreAll50 will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of ExploreAll50. ExploreAll50 reserves the right to modify or discontinue this Site, or any portion thereof (including the forums) without notice to you or any third party. Upon termination of your membership or access to the Site, or upon demand by ExploreAll50, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that ExploreAll50 will aggressively enforce its rights to the fullest extent of the law. ExploreAll50, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the Site; (ii) acting in violation of these Terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass ExploreAll50 its representatives or any other individual in any manner related to the Site.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
CHANGES TO TERMS
ExploreAll50 reserves the right, in its sole discretion, to change the Terms under which www.ExploreAll50.com is offered. The most current version of the Terms will supersede all previous versions. ExploreAll50 encourages you to periodically review the Terms to stay informed of our updates.
MISCELLAENOUS
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ExploreAll50 as a result of this agreement or use of the Site. ExploreAll50’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ExploreAll50’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ExploreAll50 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ExploreAll50 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ExploreAll50 with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CONTACT US
ExploreAll50 welcomes your questions or comments regarding the Terms: ExploreAll50.com
Email Address: [email protected]
Telephone number:
Effective as of June 20, 2013
