These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Touroogle (“Company“, “we“, “us“, or “our“), concerning your access to and use of the www.touroogle.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the “Site”).
Touroogle provides an online marketplace for the following product and services: multi-day tour packages (the “tour”). To help make Touroogle a secure environment for the purchase and sale of tour products, all users are required to accept and comply with these Terms of Use. You agree that by accessing Tourooglee, you have read, understood, and agree to be bound by all of these Terms of Use.
In our sole discretion, we reserve the right to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use Touroogle to understand which Terms apply. You will be subject to and deemed to have been made aware of and accepted the changes in any revised Terms of Use by your continued use of Touroogle after the date such revised Terms of Use are posted.
The information provided on Touroogle is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Touroogle from other locations do so on their initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.
Touroogle is intended for users who are at least 18 years old. If you are between 13-18 years old, you may use Touroogle only with the permission of a parent or guardian.
Unless otherwise indicated, Touroogle is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Touroogle (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. Also, they are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on Touroogle “AS IS” for only your information and personal use. Except as expressly provided in these Terms of Use, no part of Touroogle and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use Touroogle, you are granted a limited license to access and use Touroogle and download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Touroogle, the Content, and the Marks.
By using Touroogle, you represent and warrant that:(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access Touroogle through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use Touroogle for any illegal or unauthorized purpose; and (7) your use of Touroogle will not violate any applicable law or regulation.
If you provide any untrue, inaccurate, not current, or incomplete information, we have the right to suspend or terminate your account and refuse any current or future use of Touroogle (or any portion thereof).
We are a service provider and make no representations of the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on Touroogle displayed or offered through www.touroogle.com. You understand and agree that the content of www.touroogle.com does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within Touroogle’s content.
You may be required to register with Touroogle to access the Marketplace. You agree to keep your password confidential and responsible for your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We collect personal information that you voluntarily provide to us when you register on the website, express an interest in obtaining information about us or our products and services, when you participate in activities on the website, or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the website, the choices you make, and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We collect names, phone numbers, email addresses; mailing addresses; usernames, debit/credit card numbers, and other similar information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (a credit card number) and the security code associated with your payment instrument.
Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter, Instagram, or other social media account. If you choose to register, we will collect the information.
Also, we automatically collect certain information when you visit, use or navigate the website. This information does not reveal your specific identity (like your name or contact information). However, it may include device and usage information, such as your IP address, browser, device characteristics, operating system, language preferences, referring URLs, country, location, information about how and when you use www.touroogle.com, and other technical information. This information is primarily needed to maintain the security and operation of www.touroogle.com and our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.
We reserve the right to limit the quantities of the Tour Products offered or available on Touroogle. All descriptions or pricing of the Tour Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Tour Products for any reason.
Touroogle services combine travel services offered to customers called travel packages or tours. The operator is fully responsible for the proper performance of the tour package. Also, tour packages are created, offered, and carried out solely by Operators with their responsibility. Touroogle is solely acting as a commercial agent for operators and is not an Operator or even a proxy of Operators. Touroogle does not own, provide, manage or control any tour and travel services. Also, Touroogle does not act as an agent to travelers and customers.
In booking a multi-day tour from Operators, you accept the operator’s terms and conditions, a contract with you and the operator. The operator will confirm or reject a request within at least 48 hours. The traveler receives a booking confirmation via email as soon as the booking is confirmed and the transaction is completed. It consists of a summary of the contract. Also, requests for additional services are not mandatory as long as the operator confirms them.
By using the Touroogle services and website, the traveler undertakes to provide all required personal information ultimately. In particular, the traveler should provide information on all conditions and restrictions affecting the services of both Operator and Touroogle.
Also, travelers who make a booking for either themselves or on behalf of third parties should be the client and accept the obligations under these terms and conditions. By using Touroogle, the traveler agrees to inform other travelers of Touroogle and the Operator’s terms and conditions. Also, the traveler guarantees that all information he provides directly or indirectly through third parties is true and complete and that the traveler is not an unaccompanied minor.
The traveler should check all contractual documents transmitted using Touroogle services for correctness and completeness (for spelling mistakes). Furthermore, if there is one, the traveler should immediately report any recognizable errors to Touroogle.
Travelers with restricted mobility (like pregnant travelers and those who require special medical care) are encouraged to inform the operator of their situation during booking. However, in case of an emergency, a traveler must inform Touroogle of their special needs at least 48-72 hours before departure.
In case of a breach in contract, a traveler should immediately report. Therefore, Touroogle can put the operator to correct and rectify. It is advised that the traveler file complaints in writing using Touroogle Services or email to support@touroogle.com. If the traveler fails to report a breach in contract, the traveler will bear the consequences.
The traveler is obligated to pay the agreed fees in contract in its due time, and if not, the traveler must not hold Touroogle responsible for any damage caused by delay in payment.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all Tour Products made via Touroogle. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
The operator’s cancellation and payment conditions will apply by booking a tour from an operator. Please read each operator’s terms and conditions carefully. Cancellations must be made through Touroogle Dashboard.
Suppose the operator doesn’t confirm the requested booking or cancels an existing booking. In that case, all authorizations made on the traveler’s credit card will automatically be released, or all amounts collected through other payment methods will be refunded.
www.touroogle.com may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on Touroogle, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of www.touroogle.com and the Marketplace and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of www.touroogle.com or the Marketplace in violation of the preceding violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use Touroogle.
By posting your Contributions to any part of the www.touroogle.com, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the preceding. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant those moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on www.touroogle.com. You are solely responsible for your Contributions to Touroogle, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on Touroogle; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on Touroogle to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Touroogle or the Marketplace (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You now waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Touroogle may contain (or you may be sent via www.touroogle.com or the Marketplace) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through www.touroogle.com or any Third-Party Content posted on, available through, or installed from Touroogle, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave Touroogle and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from Touroogle or relating to any applications you use or install from Touroogle. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever concerning such purchases exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We respect the intellectual property rights of others. If you believe that any material available on or through Touroogle infringes upon any copyright you own or control, please immediately notify us using the contact information (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. According to applicable law, please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by Touroogle infringes your copyright, you should consider first contacting an attorney.
These Terms of Use shall remain in full force and effect while you use Touroogle. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of Touroogle (including blocking specific IP addresses) to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in Touroogle or delete your account and any content or information you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation.
We reserve the right to change, modify, or remove the contents of www.touroogle.com at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or the Marketplace.
We cannot guarantee that the Site and the Tour Products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace at any time or for any reason without notice to you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace during any downtime or discontinuance of the Site or the Marketplace. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace or to supply any corrections, updates, or releases in connection in addition to that.
THESE CONDITIONS ARE GOVERNED BY AND INTERPRETED FOLLOWING THE LAWS OF LITHUANIA, AND THE USE OF THE UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS IS EXPRESSLY EXCLUDED. IF YOUR HABITUAL RESIDENCE IS IN THE EU, AND YOU ARE A CONSUMER, YOU ADDITIONALLY POSSESS THE PROTECTION PROVIDED TO YOU BY OBLIGATORY PROVISIONS OF THE LAW IN YOUR COUNTRY OF RESIDENCE. TOUROOGLE AND YOURSELF BOTH AGREE TO SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF VILNIUS, WHICH MEANS THAT YOU MAY MAKE A CLAIM TO DEFEND YOUR CONSUMER PROTECTION RIGHTS IN REGARDS TO THESE CONDITIONS OF USE IN LITHUANIA, OR IN THE EU COUNTRY IN WHICH YOU RESIDE.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree first to attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one party to the other party.
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen following the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Vilnius, Lithuania. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Lithuania.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Suppose this provision is found to be illegal or unenforceable. In that case, neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and a court of competent jurisdiction shall decide such Dispute within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE AND THE MARKETPLACE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10,000.00. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Marketplace; (3) breach of these Terms of Use; (4) any breach of your representations and warranties outlined in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
We will maintain specific data that you transmit to the Site to manage the performance of the Marketplace, as well as data relating to your use of the Marketplace. Although we perform routine backups of data, you are solely responsible for all data you transmit or related to any activity you have undertaken using the Marketplace. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting Touroogle, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship between you and us due to these Terms of Use or use of the Marketplace. You agree that these Terms of Use will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or the Marketplace or to receive further information regarding the use of the Site or the Marketplace, please contact us at: support@touroogle.com