247Tours.com -- Terms of Use

PLEASE READ OUR TERMS OF USE AGREEMENT CAREFULLY BEFORE YOU BECOME A SUBSCRIBER TO 247Tours.com (the “Service”) as operated by 24-7 Company LLC D.B.A. 24-7 Tours LLC. By checking the box indicating your acceptance of these terms of use during registration and by your use of the Service, you agree that your subscription to the Service is subject to your compliance with the terms and conditions set forth in these terms of use. If you do not agree to these terms and conditions, please do not use the Service, including for any trial period.

You agree the registration and other information you provide us is and will be accurate and complete. You should keep your account information updated via the Account Information section in your account. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Service at any time.

Subscription

These terms of use and your subscription to the Service will commence on the date you register for the Service and will continue until we receive timely notice from you of cancellation of your subscription.

 

Billing

Billing is either on a Pay-As-Per-Tour basis or a periodic Unlimited Tour plan.  Billing for accounts subscribed to a periodic Unlimited Tour plan will be done in advance and recur on the same day of each billing cycle (i.e. signing up for a periodic Unlimited Tour plan on the 5th of the month, will result in periodic billing on the 5th of the next appropriate month based on your billing cycle length).  Once an account has been billed for a periodic Unlimited Tour plan, the plan will stay in effect until the next billing cycle.  Any account change from a Pay-Per-Tour plan to a periodic Unlimited Tour plan will take effect and be billed immediately.  Accounts in a periodic Unlimited Tour plan will be billed automatically each successive billing cycle unless you cancel your subscription as described below. 

If we are unable to process your credit card payment, for any reason, and your account is in a periodic Unlimited Tour plan, we reserve the right to convert your account to a Pay-Per-Tour plan.

You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date that any discrepancies in your credit card statement or any invoice first appear to notify us; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

In addition to your subscription fees, you may be charged by your telephone carrier for enabling text messaging functionality on your mobile telephone and charges may be imposed by your telephone carrier for use of text messaging if such features are provided by the Service. You are advised to find out whether any such charges apply prior to electing to receive messages from the Service.

 

Automatic Renewal

Subscriptions to a periodic Unlimited Tour plan will renew automatically at the end of each billing cycle UNLESS YOU NOTIFY US OF YOUR DECISION NOT TO RENEW YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THAT BILLING CYCLE, OR YOU CHANGE YOUR PLAN TO A PAY-PER-TOUR PLAN. If you do not notify us or change your plan, the then-applicable billing fee for your subscription will be billed automatically to the credit card you designated in your account. In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card.

 

Cancellation

You may cancel your subscription to the Service by sending an email to cancel@247tours.com. PLEASE NOTE THAT ONCE YOU HAVE BEEN BILLED AND SERVICE HAS COMMENCED FOR THAT BILLING CYCLE, YOUR FEE FOR THAT BILLING CYCLE IS NON-REFUNDABLE. NO PRO-RATA REFUNDS WILL BE GIVEN FOR CANCELLATIONS PRIOR TO EXPIRATION OF A BILLING CYCLE.  TOURS BELONGING TO AN ACCOUNT THAT HAS BEEN CANCELED WILL BE DELETED PERMANENTLY.  IF YOU WISH TO KEEP YOUR PURCHASED TOURS ACTIVE, CONVERT YOUR ACCOUNT TO A PAY-PER-TOUR PLAN TO AVOID RECURRING PLAN CHARGES.

 

Privacy Policy
Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

 

Changes to Service

We reserve the right at any time to:

·         Change the terms and conditions of these terms of use;

·         Change the Service, including eliminating or discontinuing any feature; or

·         Change any fees or charges for use of the Service.

Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web site or via electronic mail. We will use our best efforts to notify you by email of any changes to the fees or charges for use of the Service. Your use of the Service after such notice will be deemed acceptance of such changes.

 

Use of Service

You agree that you will not permit anyone without an account or subscription to use the Service through your subscription, user name or password. While using the Service you agree to comply with all applicable laws, rules and regulations. You agree not to transfer or resell your use of or access to the Service to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify the Service via email sent to support@247tours.com.  YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

 

Disclaimer of Warranties
THE SERVICE AND THE MATERIALS DELIVERED TO YOU OR ON OUR WEB SITE ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 24-7 COMPANY LLC, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION DELIVERED THROUGH THE SERVICE, ON OUR WEB SITES OR OTHER ASSOCIATED COMMUNICATIONS. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. 24-7 COMPANY LLC, INC. AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ASSOCIATED WEB SITE, AND FOR ENABLING TEXT MESSAGING FUNCTIONALITY ON YOUR MOBILE TELEPHONE. YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE SOLE RESPONSIBILITY AND LIABILITY FOR ALL CHARGES RELATED TO USE OF YOUR MOBILE TELEPHONE, INCLUDING CHARGES RELATING TO USE OF TEXT MESSAGING. YOU ALSO ACKNOWLEDGE THAT 24-7 COMPANY LLC IS NOT RESPONSIBLE FOR ANY FAILURES BY ANY TELEPHONE CARRIER OR ANY OTHER PARTY NOT UNDER 24-7 COMPANY LLC’S CONTROL WHOSE PERFORMANCE MAY BE REQUIRED FOR THE PROPER FUNCTIONING OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON.

A possibility exists that the Service could include inaccuracies or errors. Although we attempt to ensure the accuracy and integrity of our service and web site, we make no guarantees as to the completeness or correctness of any message sent in connection with the Service. In the event that such a situation arises, you may contact us via an email sent to support@247tours.com with a description of the material to be checked as well as information sufficient to enable us to contact you.

 

Limitation of Liability
NEITHER 24-7 COMPANY LLC, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR CONTENT CONTAINED IN THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF 24-7 COMPANY LLC, INC. FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.

 

Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this agreement; and/or (b) your activities in connection with the Service.

 

Miscellaneous
This agreement is governed by and construed in accordance with the laws of the State of Utah, without regard to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Salt Lake County, UT, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this agreement is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This, together with all other policies referred to herein, such as the Privacy Policy, constitutes the entire agreement between us relating to the subject matter herein and supersedes any adn all prior or contemporaneous written or oral agreements between us.

 Last revised: January 10, 2006