50th Street,
Global Plaza Tower,
19th floor, suite 19-H,
Panama City, Republic of Panama
Welcome to the web site of All Guides Here, Inc. dba AllGuidesHere.com
(hereinafter “We”, “Us”, “Our”) and thank You for considering Our products and
services.
By clicking the "Register" or "Sign in" button You hereby agree to the terms and
conditions of this Terms of Service (hereinafter “Agreement”) which, along with the
consideration of the mutual promises You and We make to each other, becomes a
binding contract between You and Us.
PRIVACY POLICY
Our Privacy Policy is located at Privacy Policy page and is hereby incorporated into this
Agreement by reference. You hereby agree to abide by Our Privacy Policy at all times.
SCREEN NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your username
and password. Please remember it is Your responsibility to keep this data secure.
VISITOR BOOKINGS
As a visitor to Our website, there is no charge to review tours and guides before Your
trip. If you decide to choose a tour or guide, simply click the “order now” button and fill
in the required information.
When Your reservation is submitted online, Your tour, guide and rate are secured with
your tour guide company and will not be changed. All fees are billed to you by the tour
company, We do not charge you anything to use our site.
CHANGES IN TRAVEL ITINERARY
Before purchasing Your tour, carefully review Your travel itinerary including departure
and return dates and times. If Your travel itinerary changes, please contact your tour
guide directly to arrange a new tour. AllGuidesHere.com is not responsible for changes
in your travel itinerary.
TRADEMARKS
We hereby claim All Guides Here, Inc.TM, and AllGuidesHere.comTM to be trademarks of
Our company.
COPYRIGHT
As indicated by the notice on the bottom of Our Home Page, All Guides Here, Inc,
claims a copyright to the content of this website.
USING GOOD CITIZENSHIP IN REVIEWS, FORUMS, ETC.
You understand and agree that You will not Use Our website to: post, email, upload or
transmit any content that is patently offensive, vulgar, unlawful, threatening, defamatory,
abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates
harassment of another person, invasive of another persons privacy, exploitive of people
in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes
racism, bigotry, hatred or physical harm of any kind against any group or individual;
Impersonate another person or post a photograph of another person as Your image;
stalk or otherwise harass another; harm a minor in any way; promote commercial
activities and/or sales such as contests, sweepstakes, barter, or advertising except as
provided by the functionality of the Site; post, email, upload or transmit any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass
mailing, chain letters, or pyramid schemes; promote an illegal or unauthorized copy of
another persons copyrighted work; upload, post, email, transmit or otherwise make
available any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; use software that automatically
creates user identities; intentionally or unintentionally violate any applicable local, state,
national or international law; post a review on a business You own, control or are
employed by; post inaccurate or misleading information or pictures; or misrepresenting
a product or service. You understand and agree that You are solely responsible for
Your interactions with other visitors and that We reserve the right, but have no
obligation, to monitor disputes between You and other visitors.
90 DAY TRIAL PERIOD AND REFUND POLICY FOR ADVERTISERS
Advertisers have a 90 day trial period. If you cancel a payment plan within 90 days of
enrollment you will not be charged a thing. If you do choose to cancel your account in
the future you will never be charged again, but you are responsible for charges already
incurred up until your cancellation. Refunds cannot be issued after your initial 90 day
trial and we do not prorate for partial months. You may upgrade or downgrade Your
plan at any time, and the change will become effective as of Your next billing cycle.
In the event You purchase a quarterly, semi-annual or yearly plan and then decide to
cancel Your plan, we will refund any unused days.
ADVERTISER PAYMENT METHODS
We accept several methods of payment to accommodate Your needs including:
American Express, Discover, MasterCard, Visa, Diners Club and Pay-Pal. Your credit
card is charged when You submit Your information online. You will be billed at the
beginning of each month and Your charge card statement will indicate that the purchase
was from All Guides Here, Inc.
WARRANTY
YOU WARRANT THAT AT ALL TIMES YOU WILL BE IN COMPLIANCE WITH THIS
AGREEMENT AND THAT YOUR USE OF ANY SERVICE OFFERED BY US WILL
NOT VIOLATE FEDERAL OR STATE LAW.
OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU
EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL
MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS,
IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED
BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR
OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO
NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH OR FROM US OR ANY TRANSACTIONS
ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US OR THROUGH ANY SERVICE OFFERED BY US SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL ALL GUIDES HERE, INC, DBA ALLGUIDESHERE.COM OR
OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE
USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR
MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR
THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT
OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT
WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR
THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM
USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY
SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE
OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
INDEMNIFICATION
You agree to indemnify, defend, and hold Us and Our parents, subsidiaries, affiliates,
officers, directors, employees, agents, and suppliers, and their respective affiliates,
officers, directors, employees, and agents, harmless from any claim, action, demand, or
damage, including reasonable attorney’s fees, made by any third party or governmental
agency arising out of or related to Your use of any service offered by Us or Your
violation of this Agreement, including without limitation, claims or suits for libel, violation
of rights of privacy or publicity, interference with property rights, trespass, or violations
of Federal or State Law. We may, at Our sole discretion, assume the exclusive defense
and control of any matter subject to indemnification by You. The assumption of such
defense or control by Us shall not excuse any of Your indemnity obligations.
FORCE MAJEURE
Neither party shall be liable for delays or nonperformance of this Agreement caused by
strike, fire, weather or accidents, nor shall either party be liable for delay or
nonperformance caused by lack of availability of materials, fuel or utilities or for any
other cause beyond its control.
ASSIGNMENT
You may not assign Your rights or obligations under this Agreement without Our prior
written consent.
RELATIONSHIP OF THE PARTIES
The parties to this Agreement are independent contracting entities and there is no
partnership or agency relationship between them.
INTENDED FOR USERS OVER 13
Our website is intended for use by individuals 13 years of age or older only. If You are
under the age of 13 please leave this site immediately.
TERM OF AGREEMENT
Either party may terminate this Agreement at any time for any reason or for no reason;
however, the rights and responsibilities granted by this agreement shall survive
termination.
NOTICES TO US
All notices to Us under this Agreement shall be in writing and shall be delivered by
United States Mail, registered or certified, return receipt requested, postage prepaid to
the following address: 50th street, Global Plaza Tower, 19th floor, suite 19-H, Panama city,
Republic of Panama. Notices shall be deemed received on
the date of actual receipt as indicated on the delivery notice or return receipt, or the date
the receipt is refused.
GOVERNING LAW
The parties agree that this Agreement and its terms and conditions shall be subject to
and construed in accordance with the laws of the State of Ohio. The parties consent to
exclusive jurisdiction and venue for any claim for enforcement of this Agreement in the
state or federal courts of Summit County, Ohio.
SEVERABILITY
If any provision, or portion thereof, of this Agreement is held by a court of competent
jurisdiction to be invalid under any applicable statute or rule of law, You understand and
agree that such invalidity shall not affect the validity of the remaining portions of the
Agreement; and You further understand and agree that We may substitute for the
invalid provision a valid provision which most closely approximates the intent and
economic effect of the invalid provisions.
AGREEMENT
This Agreement sets forth the entire agreement between the parties. You acknowledge
and agree that You have reviewed this Agreement in its entirety, and every part thereof,
and that You understand the Agreement. You further acknowledge and agree that You
have had the opportunity to review this Agreement and otherwise consult with Your
independent counsel as to the Agreement.
ELECTRONIC NOTICES AND SIGNATURES
YOU HEREBY AGREE TO THE USE BY US OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC
DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY
US. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER
ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN
ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY
OR RETENTION OF NON-ELECTRONIC RECORDS.
MODIFICATION
This Agreement is effective as of November 20, 2011. We reserve the right to modify
this Agreement at any time. You will be notified of any material changes either by email
or by a conspicuous posting on our website. If You do not agree with the modification to
this Agreement Your sole remedy is to cease doing business with Us.