Terms of Use and Service

Tour Buddy, LLC (“Tour Buddy”) provides users (“you” or “User”) a web-based platform (the “Platform”) to enable you to create and manage native and web-based mobile applications (each an “Application”) as well as related hosting, distributing and support services (“Service”). Access to and use of Platform, the information contained therein and/or the Service offered herein are governed by these Terms of Use and Service (the “Agreement”). Collectively, the Platform and Service shall be referred to as the “Tour Buddy Property”) By clicking the “I Accept” box and using the Tour Buddy Property you represent and warrant that you are 18 years of age or older, a human capable of entering into a binding legal agreement (not a bot or other automated user), and have read, understand, and agree to be bound by all provisions of this Agreement. If you do not agree to be bound by this Agreement, you may not use the Tour Buddy Property.

Tour Buddy reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify the Tour Buddy Property and/or this Agreement and to impose new or additional rules, policies, terms, or conditions on User’s use of the Tour Buddy Property. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, features and conditions (collectively, the “Additional Terms”) will be effective immediately upon being incorporated into this Agreement with or without notice to User. User’s continued use of the Tour Buddy Property following the addition of Additional Terms will be deemed to constitute User’s acceptance of any and all such Additional Terms.

Tour Buddy’s Proprietary Rights

All content, graphics, code, and software used on or incorporated into the Tour Buddy Property, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Tour Buddy. User hereby acknowledges that nothing in this Agreement is meant or shall be deemed to give User any rights in any works of authorship, copyrights, trademarks, patents, or trade names, including but not limited to such rights in the Tour Buddy Property. Tour Buddy grants you permission to electronically download, copy, or print hard copies of pages from the Tour Buddy Property solely for your internal use, and you may not remove the copyright, trademark, or other proprietary notices from such copies. You may not sell, publish, advertise, or otherwise distribute for commercial purposes any information or materials obtained from the Tour Buddy Property.

TOUR BUDDY and the Tour Buddy logo are trademarks of Tour Buddy.

Limited License

Tour Buddy hereby grants you a limited, non-transferable right and license to access and use the Tour Buddy Property on the terms and conditions set forth herein for the limited purposes of creating and managing Applications.

Termination

Tour Buddy may terminate this Agreement immediately and without notice to User and disable User’s access to the Tour Buddy Property if User breaches any material term or condition of this Agreement.

Error Correction

Though Tour Buddy uses reasonable efforts to ensure otherwise, the Tour Buddy Property may contain typographical errors or other inaccuracies and may not be complete or current. Tour Buddy reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.

Your Account and Use

You must provide your full legal name, a valid email address, and other information requested by Tour Buddy to open an account (“Account”). User shall be solely responsible for the unauthorized use and/or distribution of login information and any resulting loss or damage from such unauthorized use and/or distribution. User shall be solely responsible for all text, data, graphics, images, photos and video files (collectively, “Content”) uploaded to the Platform and activity that occurs under your Account (even when Content is posted by others who have access to your Account). User shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Tour Buddy Property. User shall not directly or indirectly modify, translate, decompile, create or attempt to create, by reverse engineering or otherwise, the object or source code of the Platform. User acknowledges that it will only be permitted to utilize the Tour Buddy Property for its intended purpose.

You are solely responsible for cancelling your Account by written email requests to support@tourbuddy.net. Tour Buddy may immediately, and in its sole discretion, suspend access to or terminate your Account. Once your Account is cancelled or terminated, Tour Buddy will delete your Content. If you cancel before the beginning of the next billing cycle, you will not be charged for the next billing cycle.

Payment Terms

Access to the Tour Buddy Property is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, or refunds for months unused. Prices for access to the Tour Buddy Property are subject to change upon 30 day’s notice from Tour Buddy. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.

If payment is not made within 30 days of receiving an invoice, Tour Buddy reserves the right to terminate User’s Account.

Content License and Ownership

User represents and warrants that it owns the Content or has the legal right and authority to use the Content in the manner contemplated by this Agreement. User hereby grants to Tour Buddy a worldwide, non-exclusive, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, access, view, copy, adapt, modify, distribute, publicly display, publicly perform, stream, and broadcast the Content in all existing and future media. Tour Buddy does not claim ownership of the Content.

User shall not upload, post, email or otherwise transmit any Content or other materials: (i) that User does not have a right to broadcast, display, reproduce, or transmit under any law or under contractual or fiduciary relationships or by consent (such as, and where applicable, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (ii) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or (iii) that intentionally or unintentionally violates any applicable local, state, national, or international law, including, but not limited to, any regulations having the force of law.

Tour Buddy does not pre-screen Content, but Tour Buddy has the right in its sole discretion to remove any Content.

Links

Tour Buddy may provide links on the Platform to third party websites that you may find helpful. Tour Buddy also may provide some links to the third party providers of open source tools used by Tour Buddy to deliver its products and services. If you use these links, you leave the Platform. Any such links are provided by Tour Buddy only as a convenience and do not imply any endorsement by Tour Buddy of another site or any materials, including software, found there; you click on such links at your sole risk. Moreover, a third party, not Tour Buddy, may provide software downloaded by you after following such links. Your download and use of such software is at your own risk. Tour Buddy shall have no liability for any damages caused by such third party software. Please be sure to read the privacy policy on other sites if you have any questions about their collection of your personal data.

Disclaimer of Warranties and Limitation of Liability; Indemnity

Tour Buddy provides this Tour Buddy Property and the Applications, and any and all products, services, and information described or provided herein on an “as is” basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS TOUR BUDDY PROPERTY AND ANY MATERIALS RELATED THERETO, INCLUDING WITHOUT LIMITATION THE APPLICATIONS, IS AT YOUR SOLE RISK. TOUR BUDDY EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE TOUR BUDDY PROPERTY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TOUR BUDDY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE TOUR BUDDY PROPERTY OR APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TOUR BUDDY OR ANY OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THE TOUR BUDDY PROPERTY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF TOUR BUDDY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL TOUR BUDDY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD, ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE TOUR BUDDY PROPERTY OR APPLICATIONS, WHETHER THE CLAIM GIVING RISE TO SUCH LIABILITY IS RELATED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.

User shall defend, indemnify, and hold harmless Tour Buddy and its employees and agents, from and against any and all suits, proceedings, claims, losses, and damages (including reasonable attorneys’ fees) related to: (i) any breach by User of this Agreement, (ii) any claim by a third party that arises from User’s use or misuse of the Content, and (iii) any claim by a third party that the Content infringes the patent, copyright, trademark, trade secret or other proprietary right of such third party.

The disclaimer of warranties, limitation of liability, and indemnity provided hereunder shall survive any expiration or termination of this Agreement.

Choice of Law, Waiver, Claims, Severability

By accessing and/or using the Tour Buddy Property, you agree that any dispute between the parties arising out of or relating to the Tour Buddy Property or any Applications shall be submitted to arbitration pursuant to the Arbitration Rules of the American Arbitration Association except that each party retains the right to bring an individual action in a magistrate or other small claims court and the right to seek injunctive or other equitable relief to prevent a violation of the party’s intellectual property rights solely in the state or federal courts located in Chatham County, Georgia. Any such arbitration shall be held in Savannah, Georgia, or another location if mutually agreeable to the parties. The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. In the event that Tour Buddy is forced to mediate, arbitrate or litigate any aspect of this Agreement or any dispute related thereto because of User’s breach, User shall pay all of Tour Buddy’s expenses related thereto, including without limitation, attorney's fees.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY ON ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF ACTION, NOT RESOLVED BY ARBITRATION OR MEDIATION, (A) ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT OR (B) IN ANY WAY CONNECTED WITH OR RELATED TO OR INCIDENTAL TO ANY DEALINGS OF THE PARTIES HERETO WITH RESPECT TO THIS AGREEMENT, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. ALL PARTIES AGREE THAT ANY ONE OF THEM MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY, AND BARGAINED FOR AGREEMENT BETWEEN THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY, AND THAT ANY DISPUTE OR CONTROVERSY WHATSOEVER BETWEEN THEM SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.

Tour Buddy's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this the Tour Buddy Property or Application must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice

You may direct any questions concerning this Agreement or notices required by this Agreement to:

Tour Buddy, LLC
17 W. 41st Street
Savannah, GA 31401
Email: info@tourbuddy.net

Whole Agreement and Amendment

This Agreement constitutes the entire agreement between you and Tour Buddy with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Privacy Policy

Tour Buddy takes your privacy seriously. Please read the following to learn more about our privacy policy (the “Privacy Policy”).

Tour Buddy values its users and their concerns about privacy. To this end, Tour Buddy engages in consistent information practices and uses its best efforts to make clear disclosures regarding those practices. This Privacy Policy is a part of that effort.

This agreement was last revised on July 2nd, 2012.