TERMS OF USE

Last Updated: March 30, 2018

Terms of Use

Welcome to www.TOURtech.com (the “Site”), a website owned and operated by TOURtech Support, Inc. and its affiliates (“TOURtech”, “we” or “us”). TOURtech provides its products and services to you subject to the following terms and conditions (this “Agreement”). If you visit www.TOURtech.com, you accept this Agreement. Please read it carefully. Additional terms may apply to a specific product or service that we offer.

Acceptance Of this Agreement and our Privacy Policy

Your use of the Site constitutes your acceptance of all of the terms and conditions in this Agreement and in each of our policies posted on our website, including the Site’s Privacy Policy. This Agreement incorporates the Privacy Policy. This Agreement constitutes the entire and only agreement between us and you concerning your use of the Site, including your ability to rent equipment through the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings concerning such matters.

Our Offerings

TOURtech is not responsible for, and reserves the right to correct all, errors on the Site, including, without limitation, any pricing errors or mis-descriptions of products or services. Actual products and services available may differ slightly from their depiction on the Site, and my not be available for rental, delivery to or use in all locations. While we endeavor to maintain the Site current, we make no representation as to the accuracy or completeness of any Site content, including, without limitation, information about our product and service offerings.

Errors

In the event a product or service is listed at an incorrect price or with incorrect information due to a typographical or other error in pricing or product information on the Site, we shall have the right to correct the error and refuse or cancel any orders placed at the incorrect price. We shall have the right to refuse or cancel any pending orders affected by the error whether or not the order has been confirmed and payment has already been collected.

Delivery Matters

We ship rental equipment to you using reputable third party delivery services, but we are not responsible for any delays in shipping due to weather, or other disruptions, over which we have no control. Delivery times reflect our best estimates and may be updated. We reserve the right to ask you to cover the cost of rental equipment damages while in your use.

Electronic Communications

By using  the Site, you consent to receive communications from us electronically by email or through the Site, including through any account you may create on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property Rights

All content included on the Site, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations, and software, is the property of TOURtech or its licensors and content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on the Site is the exclusive property of TOURtech and is protected by U.S. and international copyright laws. All software used on the Site is the property of TOURtech or its licensors and software suppliers and is protected by U.S. and international copyright laws. We claim trademark rights in our name, logos and the look and feel of the Site (“Our Marks”). You may not use Our Marks without our prior written permission. Any third party marks referenced on the Site are the property of their respective owners, who are not affiliated with TOURtech and should not be presumed to endorse any TOURtech product or service.

License And Site Access 

TOURtech grants you a limited, nonexclusive, non-assignable, non-transferable, revocable license to access and make use of this Site for non-commercial purposes solely for yourself or the organization you represent. You are not granted any right to download (other than page caching) or modify the Site, or any portion of the Site, without the express prior written consent of TOURtech. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TOURtech. You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TOURtech and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing TOURtech’s name or trademarks without the express written consent of TOURtech. You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Site in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not export or re-export the Site or any portion thereof, or any products or services available on or through the Site, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted to you by TOURtech under this Agreement. You are also granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of www.TOURtech.com so long as the link does not portray the Site, TOURtech, or its products or services in a false, misleading, derogatory, or otherwise offensive manner, as determined by us. You may not use Our Marks or other proprietary graphic or trademark as part of the link without express prior written permission.

Copyright Complaints

TOURtech respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

Your Account

If you register for an account on the Site, you represent to TOURTech that you are the age of majority in your state of residence and legally capable of forming contracts for yourself or on behalf of the organization you represent. You, as the account holder, are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You are solely responsible for all activities that occur under your account, including any misuse or unauthorized use. TOURtech reserves the right to refuse service, and terminate or suspend accounts. You are responsible for maintaining current contact information for your account. Your account is not transferable to any other person or organization. Please contact us if you need to update your account.

Reviews, Comments, Communications, And Other Content

We may make available the ability through the Site to post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. Any such submissions are acceptable so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. TOURtech reserves the right, but not the obligations, to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant TOURtech and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TOURtech and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. 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 policy and will not cause injury to any person or entity; and that you will indemnify TOURtech for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

In addition, because the Site is a public platform, any content posted or material submitted in our discussion forums or reviews is available for other visitors of the Site to view, and is therefore not private, confidential or privileged. Content posted in a public platform may be accessed by others, and may be indexed by a search engine. You should not post any personal or sensitive information to better protect your privacy.

Other Businesses

We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. TOURtech does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of use for their websites.

Unlawful Activity 

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Securities and Investment Matters

Our Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Our Site and the information contained on the Site does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained on our Site or linked to our Site is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings, prospectuses or disclosure documents.

Any news, messages, alerts or other information received through our Site concerning companies, stock quotes, investments or securities is provided for informational purposes only, and no content included in our Site is intended for investment purposes. TOURtech shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through our Site, nor will we be responsible or liable for any investment decisions based on such information.

Information And Press Releases

Our Site contains information and press releases about us. We disclaim any duty or obligation to update this information of any such press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us

Disclaimer Of Warranties And Limitation Of Liability

THIS SITE AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED BY TOURTECH ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOURTECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OUR PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOURTECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOURTECH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.TOURTECH.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOURTECH AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR OUR PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE OR THE DELAY OR INABILITY TO USE THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.

OUR AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION OBTAINABLE FROM THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES OBTAINABLE FROM THE SITE MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.

CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, and your use or misuse of our Site, products and services.

Applicable Law 

By visiting www.TOURtech.com, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and TOURtech or its affiliates.

Disputes
Any dispute or unresolved controversy arising out of or relating to this Agreement or your visit to the Site shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate TOURtech’s intellectual property rights, TOURtech may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs with respect to any disputes arising under this Agreement. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement, together with any of your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Changes to Site and its Terms

From time to time, we may revise or add to the terms on our Site without prior notice. Please review all of our terms and policies posted on this Site. These terms and policies govern your use of our Site. We reserve the right to make changes to our Site, its terms and policies, and this Agreement at any time. We will alert you that changes have been made to this Agreement by posting an updated version of this Agreement on the Site. Your use of the Site following the posting of such changes shall constitute your consent to any changes in our Site terms. We encourage you to review this Agreement whenever you visit our Site to make sure that you understand the terms that govern your use of the Site.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide TOURtech’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying TOURtech that your copyrighted material has been infringed.

  • 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 Site, if applicable;
  • 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.

TOURtech’s copyright agent for notice of claims of copyright infringement on this Site can be reached as follows:

Copyright Agent
TOURtech, Inc. Legal Department
1723 Roundrock Drive
Raleigh, NC 27615

E-mail: info@TOURtech.com