American Student Tours Terms of Use

for webpages using the www.americanstudenttours.com domain name

Effective Dates: August 3, 2000 to Present

American Student Tours, together with its affiliates (collectively, "AST" and "MSC") provide you access to American Student Tours websites containing information and data available via your computer ("the Sites") subject to the terms and conditions set forth below, including all documents, policies and guidelines incorporated therein (the "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using any of our Sites, you agree to be bound by the terms and conditions of the Agreement, including all documents, policies and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with American Student Tours, including any website access agreement with an American Student Tours affiliate relating to a tour. American Student Tours reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Sites and change the date accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Sites as revised, and your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

Related Policies
Privacy Policy. American Student Tours believes strongly in protecting user privacy and providing you notice of American Student Tours’s collection and use of data, including personally identifying information, collected from the Sites. To learn about the American Student Tours information collection and use practices and policies, please refer to the Privacy Policy section of the Site.

Copyright and Authorized Access
All copyrighted and copyrightable content on these Sites, including, without limitation, the design, forms, text, graphics, pictures, videoclips and other files, and the selection and arrangement ("Content") thereof are owned by American Student Tours. You are granted a limited, non-sublicensable right to access the Sites and print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:

1. publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network or broadcast or publications media;
2. market, sell, or make commercial use of the Sites or any Content;
3. systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;
4. make derivative uses of the Sites or the Content; or
5. use, frame, or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, or otherwise in or under any trademark, copyright, or proprietary right of American Student Tours or any third party. Any unauthorized use of the Sites will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws, regulations and statutes.

If you use any part of the Sites that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password are compromised in any manner, you should notify American Student Tours immediately. American Student Tours reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, American Student Tours may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall American Student Tours be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of American Student Tours under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws, regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright Complaints
American Student Tours respects the intellectual property of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please provide American Student Tours the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Sites;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact American Student Tours for notice of claims of copyright infringement on the Sites. We can be reached as follows:

American Student Tours
Phone: 877-801-6398
Fax: 425-483-8063
customerservice@americanstudenttours.com

Trademarks and Service Marks
The trademarks and service marks displayed on the Sites are registered and unregistered trademarks of American Student Tours and may not be copied, imitated or used, in whole or in part, without the prior written permission of American Student Tours or, if applicable, its licensor. In addition, American Student Tours custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of American Student Tours. American Student Tours trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits American Student Tours. American Student Tours marks and logos described on the Sites, are either trademarks, service marks, or registered trademarks of American Student Tours or American Student Tours affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of American Student Tours or American Student Tours affiliates. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by American Student Tours. You may not use any metatags or any other "hidden text" utilizing an American Student Tours name, trademark, or tour name without American Student Tours' express written consent.

Third-Party Tours and Tour Services
Parties other than American Student Tours offer and provide tour and tour services on or through the Sites. Except for American Student Tours -branded information, tour and tour services that are specifically identified as being supplied by American Student Tours, American Student Tours does not operate, control, or endorse any information, tour or tour services on the Sites or accessible through the Sites in any way. Except for American Student Tours -identified information and American Student Tours -branded tour and tour services, all information, tour and tour services offered through the Sites or Internet generally are offered by third parties that are not affiliated with American Student Tours. American Student Tours is not responsible for examining or evaluating, and American Student Tours does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. American Student Tours does not assume any responsibility or liability for the actions, tour and tour services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Tour and Tour Service Descriptions and Pricing
American Student Tours and third parties offering information, tour, or tour services on the Sites attempt to be as accurate as possible. However, American Student Tours does not warrant that information, tour, or tour service descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a tour or tour service offered on the Sites may be mispriced or contain an inaccuracy in its description. In the event American Student Tours determines that a tour or tour service is mispriced or contains an inaccurate description, American Student Tours reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your tour. You agree to notify American Student Tours immediately if you become aware of any pricing or descriptive errors or inconsistencies with any tour or tour services you order through the Sites and comply with any corrective action taken by American Student Tours.

Linking
Links to the Sites. You are granted a limited, nonexclusive right to create a hypertext link to the homepage of the Sites, provided such link does not portray American Student Tours or any of its tours and tour services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use an American Student Tours or other proprietary graphic or trademark of American Student Tours to link to the Sites without the express written permission of American Student Tours. This limited right may be revoked at any time.

Third-Party Links. American Student Tours makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites or services accessible by hyperlink from the Sites, or third-party Web sites linking to the Sites. Such linked Web sites are not under the control of American Student Tours and American Student Tours is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites. American Student Tours is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by American Student Tours of the Web site or any information contained therein. When leaving the American Student Tours Sites, you should be aware that American Student Tours' terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.

Submissions
You agree that any content, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, photos, original or creative Content, or other information, provided by you in the form of e-mail or submissions to American Student Tours, or postings to or on the Sites, are non-confidential (provided that personal information provided on non-public areas of the Sites is subject to American Student Tours' Privacy Policy) and you grant American Student Tours a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media now known or hereafter developed with or without acknowledgment to you in American Student Tours sole discretion and without compensation to you. You also grant to American Student Tours the right to use your name in connection with the submitted Content and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against American Student Tours for any alleged or actual infringement or misappropriation of any proprietary right in your submitted Content and that the submission of any such Content to American Student Tours, including the posting of Content to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such Content, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify American Student Tours for all claims resulting from content you supply.

Press Releases. The information contained within press releases issued by American Student Tours should not be deemed accurate or current except as of the date the release was posted. American Student Tours has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third-Party Information. American Student Tours may provide links to third-party Web sites or services that contain information about American Student Tours. Access to such Web sites and the information contained therein is provided as service to those interested in the information. American Student Tours neither regularly monitors nor has control over the content of third parties' Web sites. Accordingly, American Student Tours does not endorse or adopt these Web sites or any information contained therein, including, without limitation, information about American Student Tours. American Student Tours makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Sites. Users visit these Web sites and use the information contained therein at their own risk.

Disclaimers
"AS IS" AND "AS AVAILABLE" BASIS. THE SITES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, TOURS OR TOUR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

WARRANTY DISCLAIMER. AMERICAN STUDENT TOURS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, SERVICES AND TOURS AND TOUR SERVICES ON THE SITES. AMERICAN STUDENT TOURS DOES NOT REPRESENT OR WARRANT THAT CONTENT IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. AMERICAN STUDENT TOURS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE AMERICAN STUDENT TOURS ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, AMERICAN STUDENT TOURS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.

American Student Tours reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any tour, tour service, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by American Student Tours.

YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, tour inclusions, and other information provided on or through the Sites or on the Internet generally. The Internet contains unedited Content, some of which are sexually explicit or may be offensive to you. You access such Content at your risk. American Student Tours has no control over and accepts no responsibility whatsoever for such Content on sites outside of the www.americanstudenttours.com domain and questionable content sent to our site without permission. Examples of such Content includes postings to a blog or photos uploaded to a photo gallery. It is your responsibility to refrain from posting explicit language or photos, sexually suggestive language or photos, insulting, degrading or discriminating language or photos, misleading or knowingly false language or photos.

Enforcement
American Student Tours reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of tour registration, and/or removal, screening, or editing of posted message, data, information, text or other content, litigation and prosecution in any court or appropriate venue. American Student Tours may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those tour services from fraudulent, abusive, or unlawful use. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN AMERICAN STUDENT TOURS CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.

Limitation of Liability
IN NO EVENT SHALL AMERICAN STUDENT TOURS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, INFORMATION, TOURS AND TOUR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF AMERICAN STUDENT TOURS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AMERICAN STUDENT TOURS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), TOURS AND TOUR SERVICES LIABILITY, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF AMERICAN STUDENT TOURS SITES, EXCEED $5.00 OR THE COMPENSATION YOU PAID AMERICAN STUDENT TOURS, WHICHEVER IS LESS.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, American Student Tours liability is limited to the greatest extent permitted by law.

Indemnification
You agree to indemnify, defend, and hold harmless American Student Tours, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.

Third-Party Rights
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Sites after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third-Party Content, Submissions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement.

Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Miscellaneous
American Student Tours’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. American Student Tours may assign its rights and duties under this Agreement to any party at any time without notice to you.