WELCOME TO OUR MOBILE APPS and WEBSITES
You represent that if you are purchasing goods or services from us that (1) any credit information you supply is true and complete, (2) charges incurred by you will be honored by your credit card company, (3) you will pay the charges incurred by you at the posted prices.
2. REFUND POLICY
If you are dissatisfied with services purchased from this app or site because they do not perform as stated; and if they are directly owned and operated by us, we will refund your purchase price upon you notifying us in writing about reasons of your dis-satisfaction . Please note, however, that certain products and services sold on our app are owned and operated by third parties (and indicated as such) and we have no responsibility or liability for those products or services.
3. LINKING TO or FROM OUR SITE and APP
You may provide links to our site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our apps and site immediately upon request by us.
4. LINKS TO OTHER WEBSITES
Our apps and site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our site does not imply approval or endorsement of the linked website by us. If you decide to leave our site and access these third-party sites, you do so at your own risk.
Our app and site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser or sponsor’s materials.
6. THIRD PARTY CONTENT
Third party content may appear on our apps and site or may be accessible via links from our site. We are not responsible for and assume no liability for any content on these sites. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
7. THIRD-PARTY SERVICES
We may allow access to or advertise certain third-party product or service providers (“Suppliers”) from which you may purchase certain goods or services. You understand that we do not own, operate or control the products or services offered by Suppliers. Suppliers are responsible for their operations and customer service. You agree that use or purchase of goods or services from Suppliers is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including but not limited to warranties of title, fitness for purpose, merchant-ability or non-infringement. Under no circumstances are we liable for any damages arising from any interactions between you and Suppliers or for any information appearing on Supplier’s sites or any other site linked to our site. By your purchase of any service or product provided by any supplier through this website, you expressly agree that we are not responsible or liable for any act or omission by any such supplier, and you expressly hold us harmless from any charge, claim or injury caused or allegedly caused any such act or omission.
The information on this app and site, including without limitation all design, text, images, photographs, press releases, and other information, are protected under United States and other copyright laws and are owned by us and/or used under license from the copyright owner. The information may not, except under valid written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sub-licensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent. Our trademarks, logos, images, and service marks used on this app and site are our property and may not be used without our prior written consent.
This app and website is provided as a licensed service to its users on an “as is” basis. We make no representations or warranties of any kind, whether express or implied, as to the information, content, materials or products included on this site or as to the operation of the site.
10. ERRORS, CORRECTIONS AND CHANGES
We do not represent or warrant that the app and the Site will be error-free. We may make changes to the features, functionality or content of the app and the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the app and the Site.
11. LIMITATION OF LIABILITY
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) your use of this app and the Site, (b) any services or products obtained from this app and the Site, (c) any errors in or omissions from this app and the Site, (d) the unavailability or interruption of this App and the Site or any features thereof, (e) any content contained on this App and the Site.
12. WAIVER OF LIABILITY
Parties: These terms and conditions (including the exclusion of liability) bind you and all persons with you including minors. You warrant that you have authority to enter into these terms and conditions on behalf of those persons including any minors. In particular, you warrant that you have the authority to give the releases and indemnities set out in these terms and conditions on behalf of those persons. References in these terms and conditions to Action Data Systems include (where the context permits) our employees, agents, contractors and suppliers and these terms and conditions (including exclusions from liability) apply to their benefit.
Acknowledgments: Travelling with Action Data Systems requires you driving your car or walking while viewing and listening to the tour. You may encounter unpredictable circumstances such as landslides, road blockages, floods, political unrest or delay of arrival etc. You must have your own adequate car insurance.
Liability: You release Action Data Systems from all claims and liabilities arising out of or relating to your tour including (but not limited to) actions (or inactions) of Action Data Systems pursuant to these terms and conditions and including those caused or contributed to by third parties including suppliers to Action Data Systems and other participants on the tour. For the purpose of this clause “claims” means any allegation, cause of action, claim, demand, proceeding, litigation, investigation, judgment, loss, cost or expense of whatever nature and whether present or future, fixed or unascertained, actual or contingent and whether arising at law or in equity, under statute or otherwise. You indemnify Acton Data Systems for any loss suffered by it and against all claims (as defined in the preceding paragraph) and liabilities arising out of or related to your participation in the tour and any breach by you of these terms. You acknowledge that you cannot claim compensation or seek damages.
In any dispute arising here-under, the parties expressly agree as follows: (a) neither party shall be considered the “drafter” of this Agreement; (b) venue for any dispute arising here-under shall lie solely in Bristol County, RI and RI law shall govern such dispute; (c) each party hereto expressly waives right to trial by jury and agrees to have any dispute here-under heard by the court.
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