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CONTENT You understand that all postings, messages, text,
files, images, photos, video, sounds, or other materials
("Content") posted on, transmitted through, or linked from the
Service, are the sole responsibility of the person from whom such Content
originated. More specifically, you are entirely responsible for all
Content that you post, email or otherwise make available via the Service.
You understand that Be There Tours does not control, and is not
responsible for Content made available through the Service, and that by
using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore,
the Be There Tours site and Content available through the Service may
contain links to other websites, which are completely independent of Be There Tours.
Be There Tours makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such
site. Your linking to any other webites is at your own risk. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, that you may not rely on said Content, and that under no
circumstances will Be There Tours be liable in any way for any Content or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service. You
acknowledge that Be There Tours does not pre-screen or approve Content,
but that Be There Tours shall have the right (but not the obligation) in
its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the Terms
or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES The Be There Tours
site and Content available through the Service may contain features and
functionalities that may link you or provide you with access to third
party content which is completely independent of Be There Tours, including
web sites, directories, servers, networks, systems, information and
databases, applications, software, programs, products or services, and the
Internet as a whole. Your interactions with organizations and/or
individuals found on or through the Service, including payment and
delivery of goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you
and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties. You agree
that Be There Tours shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there
is a dispute between participants on this site, or between users and any
third party, you understand and agree that Be There Tours is under no
obligation to become involved. In the event that you have a dispute with
one or more other users, you hereby release Be There Tours, its officers,
employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way related to such disputes and / or our service. If you are
a Georgia resident, you waive Georgia Civil Code Section 1542, which says:
"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."
CONDUCT You agree not to post, email, or
otherwise make available Content: a) that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of
another's privacy, or is harmful to minors in any way; b) that is
pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including
genital-genital, oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex, or (ii) bestiality, or (iii)
masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious
exhibition of the genitals or pubic area of any person; c) that harasses,
degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability; d) that violates the Fair Housing Act by
stating, in any notice or ad for the sale or rental of any dwelling, a
discriminatory preference based on race, color, national origin, religion,
sex, familial status or handicap (or violates any state or local law
prohibiting discrimination on the basis of these or other
characteristics); e) that impersonates any person or entity, including,
but not limited to, a Be There Tours employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity (this
provision does not apply to messages that are lawful non-deceptive
parodies of public figures.); f) that includes personal or identifying
information about another person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch"; h) that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party, or Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships; i) that constitutes
or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial
advertisement; j) that constitutes or contains any form of advertising or
solicitation if: posted in areas of the Be There Tours sites which are not
designated for such purposes; or emailed to Be There Tours users who have
not indicated in writing that it is ok to contact them about other
services, products or commercial interests. k) that includes links to
commercial services or web sites, except as allowed in
"services"; l) that advertises any illegal service or the sale
of any items the sale of which is prohibited or restricted by any
applicable law, including without limitation items the sale of which is
prohibited or regulated by Georgia law.
m) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; n) that
disrupts the normal flow of dialogue with an excessive number of messages
(flooding attack) to the Service, or that otherwise negatively affects
other users' ability to use the Service; or o) that employs misleading
email addresses, or forged headers or otherwise manipulated identifiers in
order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to: p) contact anyone who has asked not to be
contacted; q) "stalk" or otherwise harrass anyone; r) collect
personal data about other users for commercial or unlawful purposes; s)
use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by Be There Tours; t) post non-local or otherwise irrelevant
Content, repeatedly post the same or similar Content or otherwise impose
an unreasonable or disproportionately large load on our infrastructure; u)
post the same item or service in more than one classified category or
forum, or in more than one metropolitan area; v) attempt to gain
unauthorized access to Be There Tours's computer systems or engage in any
activity that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of, the Service or the Be There Tours
website; or w) use any form of automated device or computer program that
enables the submission of postings on Be There Tours without each posting
being manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic submission of
postings at regular intervals. 8. NO SPAM POLICY You understand and agree
that sending unsolicited email advertisements to Be There Tours email
addresses or through Be There Tours computer systems, which is expressly
prohibited by these Terms, will use or cause to be used servers located in
Georgia. Any unauthorized use of Be There Tours computer systems is a
violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the Georgia Penal Code and Section 17538.45 of the Georgia
Business and Professions Code. Such violations may subject the sender and
his or her agents to civil and criminal penalties. 9. LIMITATIONS ON
SERVICE You acknowledge that Be There Tours may establish limits
concerning use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or
stored by the Service, and the frequency with which you may access the
Service. You agree that Be There Tours has no responsibility or liability
for the deletion or failure to store any Content maintained or transmitted
by the Service. You acknowledge that Be There Tours reserves the right at
any time to modify or discontinue the Service (or any part thereof) with
or without notice, and that Be There Tours shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service. 10. ACCESS TO THE SERVICE Be There Tours grants you a
limited, revocable, nonexclusive license to access the Service for your
own personal use. This license does not include any collection,
aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly permitted
by Be There Tours. A limited exception is provided to general purpose
internet search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying hyperlinks
to the Service, provided they each do so from a stable IP address or range
of IP addresses using an easily identifiable agent and comply with our
robots.txt file. "General purpose internet search engine" does
not include a website or search engine or other service that specializes
in classified listings or in any subset of classifieds listings such as
jobs, housing, for sale, services, or personals, or which is in the
business of providing classified ad listing services. Be There Tours
permits you to display on your website, or create a hyperlink on your
website to, individual postings on the Service so long as such use is for
noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of these Terms,
absent express permission granted by Be There Tours to do so. You may also
create a hyperlink to the home page of Be There Tours sites so long as the
link does not portray Be There Tours, its employees, or its affiliates in
a false, misleading, derogatory, or otherwise offensive matter. Be There Tours
offers various parts of the Service in RSS format so that users can embed
individual feeds into a personal website or blog, or view postings through
third party software news aggregators. Be There Tours permits you to
display, excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'Be There Tours' as the source, (d) your use
or display does not suggest that Be There Tours promotes or endorses any
third party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden Be There Tours
systems. Be There Tours reserves all rights in the content of the RSS
feeds and may terminate any RSS feed at any time. Use of the Service
beyond the scope of authorized access granted to you by Be There Tours
immediately terminates said permission or license. In order to collect,
aggregate, copy, duplicate, display or make derivative use of the the
Service or any Content made available via the Service for other purposes
(including commercial purposes) not stated herein, you must first obtain a
license from Be There Tours. 11. TERMINATION OF SERVICE You agree that Be There Tours,
in its sole discretion, has the right (but not the obligation) to delete
or deactivate your account, block your email or IP address, or otherwise
terminate your access to or use of the Service (or any part thereof),
immediately and without notice, and remove and discard any Content within
the Service, for any reason, including, without limitation, if Be There Tours
believes that you have acted inconsistently with the letter or spirit of
the Terms. Further, you agree that Be There Tours shall not be liable to
you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 10-16 shall survive termination of these
Terms. 12. PROPRIETARY RIGHTS The Service is protected to the maximum
extent permitted by copyright laws and international treaties. Content
displayed on or through the Service is protected by copyright as a
collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation of
derivative works from or redistribution of the site or the collective
work, and/or copying or reproducing the sites or any portion thereof to
any other server or location for further reproduction or redistribution is
prohibited without the express written consent of Be There Tours. You
further agree not to reproduce, duplicate or copy Content from the Service
without the express written consent of Be There Tours, and agree to abide
by any and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect of the Service. Be There Tours
is a registered mark in the U.S. Patent and Trademark Office. Although Be There Tours
does not claim ownership of content that its users post, by posting
Content to any public area of the Service, you automatically grant, and
you represent and warrant that you have the right to grant, to Be There Tours
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to
use, copy, perform, display, and distribute said Content and to prepare
derivative works of, or incorporate into other works, said Content, and to
grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you
automatically grant Be There Tours all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
13. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE Be There Tours SITE
AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Be There Tours SITE AND
THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Be There Tours
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE Be There Tours SITE AND THE SERVICE. TO
THE FULLEST EXTENT PERMITTED BY LAW, Be There Tours DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE Be There Tours SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY
LINKS ON THE Be There Tours SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Be There Tours
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE Be There Tours SITE OR THE SERVICE. Some jurisdictions
do not allow the disclaimer of implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties. 14. LIMITATIONS OF LIABILITY UNDER NO
CIRCUMSTANCES SHALL Be There Tours BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Be There Tours
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE Be There Tours SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE Be There Tours SITE OR THE
SERVICE, FROM INABILITY TO USE THE Be There Tours SITE OR THE SERVICE, OR
THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF
THE Be There Tours SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Be There Tours SITE
OR THE SERVICE OR ANY LINKS ON THE Be There Tours SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE Be There Tours SITE OR THE SERVICE OR ANY LINKS ON THE
Be There Tours SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitation may not
apply to you. 15. INDEMNITY You agree to indemnify and hold Be There Tours,
its officers, subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and employees, harmless
from any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content you
submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of any rights of
another. 16. GENERAL INFORMATION The Terms constitute the entire agreement
between you and Be There Tours and govern your use of the Service,
superceding any prior agreements between you and Be There Tours. The Terms
and the relationship between you and Be There Tours shall be governed by
the laws of the State of Georgia without regard to its conflict of law
provisions. You and Be There Tours agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Atlanta,
Georgia. The failure of Be There Tours to exercise or enforce any right or
provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms 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
the Service or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred. 17. VIOLATION OF
TERMS AND LIQUIDATED DAMAGES Please report any violations of the Terms, by
emailing to: abuse@myvcity.com Our failure to act with respect to a breach
by you or others does not waive our right to act with respect to
subsequent or similar breaches. You understand and agree that, because
damages are often difficult to quantify, if it becomes necessary for Be There Tours
to pursue legal action to enforce these Terms, you will be liable to pay Be There Tours
the following amounts as liquidated damages, which you accept as
reasonable estimates of Be There Tours damages for the specified breaches
of these Terms: a. If you post a message that (1) impersonates any person
or entity; (2) falsely states or otherwise misrepresents your affiliation
with a person or entity; or (3) that includes personal or identifying
information about another person without that person's explicit consent,
you agree to pay Be There Tours one thousand dollars ($1,000) for each
such message. This provision does not apply to messages that are lawful
non-deceptive parodies of public figures. b. If Be There Tours establishes
limits on the frequency with which you may access the Service, or
terminates your access to or use of the Service, you agree to pay Be There Tours
one hundred dollars ($100) for each message posted in excess of such
limits or for each day on which you access Be There Tours in excess of
such limits, whichever is higher. c. If you send unsolicited email
advertisements to Be There Tours email addresses or through Be There Tours
computer systems, you agree to pay Be There Tours twenty five dollars
($25) for each such email. d. If you post messages in violation of these
Terms of Use, other than as described above, you agree to pay Be There Tours
one hundred dollars ($100) for each such message. In its sole discretion, Be There Tours
may elect to issue a warning before assessing damages. e. If you
aggregate, display, copy, duplicate, reproduce, or otherwise exploit for
any purpose any Content (except for your own Content) in violation of
these Terms without Be There Tours express written permission, you agree
to pay Be There Tours three thousand dollars ($3,000) for each day on
which you engage in such conduct. Otherwise, you agree to pay Be There Tours
actual damages, to the extent such actual damages can be reasonably
calculated. Notwithstanding any other provision of these Terms, Be There Tours
retains the right to seek the remedy of specific performance of any term
contained in these Terms, or a preliminary or permanent injunction against
the breach of any such term or in aid of the exercise of any power granted
in these Terms, or any combination thereof.
The information contained
in this web site is believed to be reliable and while every effort is
made to assure that the information is as accurate as possible, the
owner of this site ( Be There Tours), disclaim any implied
warranty or representation about it's accuracy, completeness or
appropriateness for any particular purpose. This includes but is
not limited to information provided by any third party which is
accessed through this site via a hyperlink.
Those persons who access
this information assume full responsibility for the use of said
information and understand and agree that the owner of this site, are not responsible or liable for any claim, loss or damage
arising from the use of any information contained in this site.
Any reference to specific
products, companies or services does not necessarily constitute or
imply recommendation or endorsement by the owner of this site.
Except where we specify otherwise, Be There Tours offers you access
to the MyVcity.com Web Sites solely for your personal and
non-commercial uses. You promise that you will not use the MyVcity.com
Web Sites, in whole or in part, for any purpose that is unlawful or
prohibited by these Terms of Use or for any purposes other than those
that are personal and non-commercial. You agree that you will not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, frame in another Web
page, use on any other web site, transfer or sell any information,
software, lists of users, databases or other lists, products or
services provided through or obtained from the MyVcity.com Web Sites. This means, among other activities, that agree not to
engage in the practices of "screen scraping," "database
scraping," or any other activity with the purpose of obtaining
lists of users or other information. You agree that you will not use
the MyVcity.com Web Sites in any manner that could damage,
disable, overburden, or impair the MyVcity.com Web Sites or
interfere with any other party's use and enjoyment of the MyVcity.com Web Sites. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the MyVcity.com Web Sites.
If and when requested by Be There Tours you agree to provide true,
accurate and complete user information and to refrain from
impersonating or falsely representing your affiliation with any person
or entity. Except with the written permission of Be There Tours, you
agree that you will not access or attempt to access password
protected, secure or non-public areas of the MyVcity.com Web
Sites. Unauthorized individuals attempting to access prohibited areas
of the MyVcity.com Web Sites may be subject to prosecution.
Except with the written permission of Be There Tours, you agree
that you will not create links from any web site or web page to any
page within the MyVcity.com Web Sites with the exception of
the MyVcity.com Web Sites homepages, including, but not
limited to pages currently located at www.v360re.com,
and www.onlinehomepreview.com.
The origin of any such link to the MyVcity.com Web Sites
homepage must be accompanied by a clear and prominent attribution
indicating that the link is connected to the MyVcity.com Web
Sites homepage. For example, prominently positioning the "MyVcity.com"
name and mark such that there is clear association between the name
and mark and the destination of the link is acceptable. However, you
agree that you will not juxtapose the "MyVcity.com"
name and mark and the link with your name or any other material(s) in
a manner which might give rise to any erroneous conclusion that there
is any affiliation or association between MyVcity.com, on
the one hand, and you or any other person or entity, on the other
hand. You agree that if MyVcity.com, in its sole and
unfettered discretion, requests in writing that you remove any link or
links to the MyVcity.com Web Sites, you will promptly do so.
You agree that if you create any link to the MyVcity.com Web
Sites that you will not employ any technology that results in the
placement of content from the MyVcity.com Web Sites in a
frame and/or a reduced pop-up window and/or any other display
mechanism which changes the MyVcity.com Web Sites from how
they would appear if a user typed in their URL to a typical browser
line.
YOU AGREE TO INDEMNIFY AND HOLD Be There Tours
AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM
ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO
REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING
OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO MyVcity.com
SOLICITED INFORMATION, AFFILIATE SOLICITED INFORMATION, AND YOUR
PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED
BY YOU TO THE MyVcity.com WEB
SITES AND/OR MyVcity.com AND/OR
ITS AFFILIATES.
This Agreement is governed by the laws of the State of Georgia,
U.S.A. You hereby consent to the exclusive jurisdiction and venue of
courts sitting in Georgia, County of Bartow in all disputes arising
out of or relating to the use of the MyVcity.com Web Sites.
Use of the MyVcity.com Web Sites is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Be There Tours as a result
of this Agreement or use of the MyVcity.com Web Sites. Be
There Tours
performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation of
Be There Tours
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the MyVcity.com Web
Sites or information provided to or gathered by MyVcity.com 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 you and Be
There Tours with respect to the MyVcity.com Web Sites and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Be There Tours with respect to the
MyVcity.com Web Sites. 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 and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Be
There Tours,
ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL Be There Tours 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 MyVcity.com
WEB SITES, WITH THE DELAY OR INABILITY TO USE THE MyVcity.com
WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE MyVcity.com
WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MyVcity.com
WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Be There Tours
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 MyVcity.com
WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE MyVcity.com
WEB SITES.
You agree to indemnify, defend and hold harmless Be There Tours,
its partners, affiliates, subsidiaries and suppliers from any
liability, loss, claim and expense (including attorneys' reasonable
fees) related to your violation of this Agreement.
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