applestudenttours.org (“Website”), is owned by Apple Student Tours, Inc. (“APPLE TOURS”). APPLE TOURS operates student trips for elementary, middle, and high school students.
Consent to Terms of Use. This Website provides access to information concerning APPLE TOURS services (“Services”) and online forms. Please be advised that the Website contains information, including pictures, graphics, text, images, and other content (collectively “Content”) that is intended for viewing and use only by persons 13 years of age or older. Except as expressly stated herein, nothing in this Website should be construed as an offer to sell goods or services.
Please read these Terms of Use carefully, as your access to and use of the Website are subject to these Terms of Use as well as other applicable laws or regulations. If you do not agree to be bound by all the Terms of Use, then you are not authorized to access or use any the services provided by this Website. By accessing this Website, you are accepting any and all Terms of Use and the obligations they impose.
Modification; Notice of Changes. APPLE TOURS may modify or update the Terms of Use from time to time, without notice, by posting of the Website and by continuing to access and use the services provided by the Website, you agree to be bound by any such changes after they are posted. APPLE TOURS recommends that you continue to review the Website periodically for any changes or updates to these Terms of Use, as any such notices to you from APPLE TOURS regarding the Website or these Terms of Use will be posted on this Website and/or made by e-mail to its users.
Limited License; Restricted Activity. Upon agreeing to these Terms of Use, APPLE TOURS grants you a limited license to access and use this Website, and to download forms when made available to you. The content and information on this Website, such as prices, and the infrastructure used to provide such content and information, is proprietary to APPLE TOURS or its suppliers and providers. By using this Website, you agree not to: i) access, monitor or copy any content from this Website using a robot, spider, scraper or other automated means or any manual process for any purpose; ii) upload or transmit any message, information, data, text, software or images, or other content or material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; iii) create a false persona which is intended to mislead others or impersonate any person or entity, including, without limitation, your or another user’s parent or guardian or any APPLE TOURS representative; iv) violate the restrictions in robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; v) take any action that, in APPLE TOURS’ sole discretion, imposes an unreasonable or disproportionately large burden on the Website; or vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services).
Non Commercial Use. The limited license does not permit you to use any Website content or portions thereof for commercial use, including but not limited to collection, use or distribution of any listings, descriptions, or prices or any use of data gathering or extraction methods from the Website. Accordingly, you agree not to use this Website or its contents or information for any commercial or non-personal purpose. You may not copy, duplicate, resell, link to, or otherwise use data or information from this Website for commercial use or use any trademarks, trade names, logos, images or text depicted on the Website without the express written consent of the APPLE TOURS.
Copy Right; Trade Mark; Trade Name Rights. “Education Beyond the Classroom” and the APPLE TOURS “Apple” and logo are the service marks and trademarks of APPLE TOURS or one of its affiliates. All other product or service names or slogans displayed on the Website are registered and/or common law trademarks of APLE TOURS and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of APPLE TOURS or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of APPLE TOURS and may not be copied, imitated or used, in whole or in part, without the express written permission of APPLE TOURS. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by APPLE TOURS. APPLE TOURS does not warrant or represent that your use of Content and Services or any other materials displayed on this Website will not infringe rights of third parties.
Password Protected Account. If you have established a username and password to create a personal account and/or to gain access to certain portions of the Website, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify APPLE TOURS of any unauthorized use of your account or any other breach of security of which you become aware. You also agree to exit completely from your account at the end of each online session. APPLE TOURS will not be liable for any loss that you may incur as a result of someone else using your password or account. Please note you may be held liable for losses incurred by APPLE TOURS or other parties due to someone else using your account or password.
User Provided Content. The Website may allow you to contribute content, information, text, files, graphics, personal listings, messages, reviews, notes, postings, and other materials and information for access, use, and commentary by other users to the Website (“User Content”). Failure to comply with these Terms of Use may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Website will not: i) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; ii) violate any law, statute, ordinance, or regulation; iii) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; iv) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, or deceitful; v) be obscene, child pornographic, or indecent; vi) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; vii) constitute misappropriation of any trade secret or know-how; or viii) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or any other material or information to APPLE TOURS, you grant APPLE TOURS a worldwide, perpetual, non-terminable, non-exclusive, irrevocable, transferable, royalty-free license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. APPLE TOURS shall not be responsible for changes, modifications, or removal of any User Content that you submit to the website. We strongly urge you to read our Privacy Policy located at https://applestudenttours.org/traveling/Privacy_Policy which provides further details of APPLE TOURS’ practices and procedures concerning the use personal information collected at this Website.
Third Party Links. APPLE TOURS does not actively monitor the general use of this Website nor exercises any editorial control over any third party’s website content, e-mail transmissions, or other material created or accessible over or through this Website. APPLE TOURS reserves the right to monitor such use at any time, however, and to remove any materials that, in APPLE TOURS’ sole discretion may be: i) illegal; ii) subject APPLE TOURS to liability; iii) violate these Terms of Use; and/or iv) inconsistent with APPLE TOURS’ purpose for this Website.
Third Party Content; Links. To the extent that any of the Content included in the Website is provided by a third party, APPLE TOURS has no control or responsibility over such third party provider Content. Accordingly, any opinions, statements, services or other information expressed or made available by third party providers on this Website are those of such third party providers and APPLE TOURS does not represent or endorse their accuracy or reliability. APPLE TOURS does not represent or warrant that your use of the Content displayed on this Website provided by such third party providers will not infringe rights of third parties not owned by or affiliated with APPLE TOURS. The Website may contain hyperlinks or other links to social networking sites as a convenience to its users. APPLE TOURS does not control such websites or social networking platforms and cannot be held responsible for their content or accuracy. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by APPLE TOURS, you acknowledge and agree that APPLE TOURS is not responsible for and is not liable for the content, products, services or other materials on or available from such websites and social networking platforms. We do not represent or warrant that the information accessible via this Website is accurate, complete or current.
Limitation of Liability, No Representations. APPLE TOURS expressly disclaims all liability for the use, reliability, or specific features of this Website, or the content or interpretation of content contained in this Website. As a visitor to the Website, you will use and make decisions based on information contained on this Website at your own risk. In exchange for using this Website, you agree to hold APPLE TOURS and our affiliates harmless against any claims for damages arising from any decisions that you make based on such information or any of your use of such information from this Website.
INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL APPLE TOURS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, NOR SHALL APPLE TOURS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL APPLE TOURS’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE AIRLINES, HOTELS AND OTHER SUPPLIERS OR SERVICE PROVIDERS WHOSE SERVICES ARE OFFERED ON THIS WEBSITE ARE INDEPENDENT FROM APPLE TOURS AND ARE NOT AGENTS OR EMPLOYEES OF APPLE TOURS. APPLE TOURS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF THESE SUPPLIERS OR SERVICE PROVIDERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
Inaccuracies; Typographical Errors. The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your request). Please note that such errors, inaccuracies or omissions may relate to product/service description, pricing and availability.
User Warranties. You warrant that: i) you are of sufficient legal age to use this Website and create legal binding obligations for any liability you may incur as a result of using this Website; ii) you are responsible (financially and otherwise) for all uses of this Website by you and those using this Website using your ID and password; iii) the information you supply via the Website will be accurate and not misleading, deceptive or likely to mislead or deceive; iv) you agree to supervise all usage of this Website by minors under your name or account; and v) you agree that your account on this Website shall be used only to make legitimate reservations or purchases for you or another person for whom you are legally authorized to act.
Indemnity. You agree to indemnify APPLE TOURS and our affiliates, officers, employees and agents against all losses, costs, damages, claims and expenses arising from: i) any breach of these Terms of Use by you; ii) any act or omission by you or your officer, employee or agent; and iii) any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you, or your employee or agent.
Governing Law; Venue. To the maximum extent permitted by law, these Terms and Conditions and your use of the Website are governed by the laws of State of California. You hereby consent to the exclusive jurisdiction and venue in the courts in the State of California, County of San Diego in all disputes arising out of or relating to the use of this Website and these Terms of Use.
Entire Agreement; Amendments. These Terms of Use, APPLE TOURS’ Privacy Policy, and other policies APPLE TOURS may post on this Website constitute the entire agreement between APPLE TOURS and you in connection with your use of this Website and supersede any prior agreements between APPLE TOURS and you regarding use of this Website, including prior versions of these Terms of Use.
Electronic Communications. You agree that all agreements, notices, disclosures and other communications provided by APPLE TOURS to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by APPLE TOURS electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
Remedies. You agree that any violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm to APPLE TOURS. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Termination. We may terminate Terms of Use, and any other agreement between us, immediately if you breach any of these Terms of Use.
Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and APPLE TOURS by these Terms of Use.
sales@apple-tours.com
These terms of use were last updated and posted on 07/04/2014.
