Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ns website and the tourpatron Application (“Product”, “Application”) operated by tourpatron (“Company” “us”, “we”, or “our”).
Your (“Customer”, “you”, “user”) access to and use of the Application is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Application.
By accessing or using the Application you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Application. You should promptly discontinue use of the Application.
I. The Application
- Our application is for the use of travelers and to assist them in their travels. This application is meant primarily for tourists who may not be familiar with the locality, customs, or sights.
- You agree that you will not use the Application for illicit, illegal, or unethical practices.
- You understand and consent that should the company become award of illegal or dangerous behavior, they can and will report to the appropriate authorities.
II. Tourpatron’s Obligations
- Company does not warrant that the Customer’s use of the Application will be uninterrupted or error-free; or that the Application obtained by the Customer through the Applications will meet the Customer’s expectations.
- Company is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of media over communications networks and facilities, including the internet, and the Customer acknowledges that the Application may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
III.Disputes and Resolution
- In the event of a dispute, the parties irrevocably consent and agree to first attempt reasonable and amicable negotiations in order to effectively resolve the terms of the dispute. Should such negotiations fail, then the parties agree to binding arbitration under the laws of the state of New York.
- Costs of such dispute and/or arbitration shall be split between the parties, save for attorney’s fees. In such instance, each party irrevocably consents and agrees to bear their respective attorney’s costs.
- The parties agree that damages shall be limited solely to real damages. Both parties irrevocably consent and agree to forfeit punitive damages, statutory allowable damages in excess of real and actual damages, and shall seek resolution of differences in real and readily identifiable damages.
- Each party irrevocably agrees that the federal courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation, in the event that the Disputes clause is held to be unlawful or unenforceable.
IV. Intellectual Property
- The Customer acknowledges and agrees that Company owns all intellectual property rights in the Application. Except as expressly stated herein, this agreement does not grant the Customer any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Applications.
- Company confirms that it has all the rights in relation to the Applications and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.
- The Customer shall indemnify and hold harmless Company against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer’s use of the Application.
- The Customer shall indemnify Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Company arising out of or in connection with any claim made against Company for actual or alleged infringement of a third party’s intellectual property rights, actual or alleged defamation, or otherwise, arising out of or in connection with use of the Application by Customer.
- Customer assumes sole responsibility for the use of the Application. Company shall have no liability for any damage caused by errors in connection with the Application, or any actions taken by Company at the Customer’s direction.
- All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement, further, the Application is provided to the Customer on an “as is” basis.
VI. Term and Termination
- These Terms shall commence on date of purchase of the Application and end upon Customer opt-out of the Application.
- If any provision or part of a provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
VIII. Governing Law
- This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the State of New York.
IX. Links To Other Web Sites
- Our Application may contain links to third-party web sites or services that are not owned or controlled by tourpatron.
- tourpatron has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Customer further acknowledges and agrees that tourpatron shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
XI. Contact Us
If you, the customer, have any questions about these Terms, please contact us at Rsatin@tourpatron.com