Terms & conditions

RESERVATION ASSIGNMENTS
Telephone and online reservations must be followed by receipt of your payment or your seat reservations are subject to release without notice. One-day tours must be paid in full. Final balances on overnight tours are due on the date specified on your confirmation. Reservations made after the cancellation deadline has passed are due in full at the time of booking and are nonrefundable except under the terms of the Cancellation.
SEATING ASSIGNMENTS
Motor coach seats are assigned from front to back in the order your reservation is confirmed with deposit. Special seating requests toward the front of the bus cannot be honored; curb side or driver side may be requested but not guaranteed. Persons with disabilities with a valid and current disabled placard number on file with us may receive priority seating in the front half of the coach whenever possible. On multiple-day tours of six or more days in duration, seat rotation may be implemented at our discretion. Performance venue seats are assigned from front to back within our group block in the order your reservation is confirmed with deposit. Due to box office policies on performing arts tours, we can only provide general seating sections such as “orchestra” or “balcony” and cannot provide specific seat numbers, rows, or honor special seating requests.
CANCELLATIONS, REFUNDS AND CHANGE FEES FOR INDIVIDUALS
Refunds for tour reservations canceled by the passenger will be issued in accordance with the following terms and conditions: For one-day tours, you must cancel your reservation 14 or more days prior to the departure date to receive a refund, transfer or credit. A $5 per person administrative fee will be charged except when funds are left on account for future use. For multiple-day motor coach tours, you must cancel your reservation 45 or more days prior to the tour’s departure date to receive a refund, transfer or credit. On multiple-day tour reservations that are canceled prior to the cancellation deadline, a $100 per person administrative fee will be charged except when the funds are left on account for future use. Passenger name changes, deviations, or other changes made by the passenger after the final payment deadline has passed will be assessed a $100 per person change fee, plus any fees incurred by the service providers, such as airlines, cruise lines, etc. Cancellation deadlines and policies for cruises, tours operated through other tour operators, and tours involving air travel, rail transportation and other modes of transportation differ; please call for specific deadlines and policies for each tour. No refunds, transfers or credits will be issued for any reason on reservations canceled after the cancellation deadline. Reservations made after the cancellation deadline has passed must be paid in full at the time the reservation is made and are nonrefundable and nontransferable at that time. Cancellation deadlines for group reservations of 10 or more persons differ. Please refer to “Cancellations of Group Reservations” below. No refunds for failure to board bus at the assigned time and place. Unused portions of a tour are non-refundable. If Adventurewest.tours cancels a tour you are entitled to a full refund without penalty. Please allow 14 days for check refunds. Credit card refunds will be credited back to your original card within 2 business days.
CANCELLATIONS DEADLINES FOR GROUP RESERVATIONS
Reservations for groups of 10 or more persons and for individuals who are members of a group reservation must be canceled 30 or more days prior to the tour date on one-day trips, and 45 or more days prior to the departure date on overnight motor coach tours that are operated by Adventurewest.tours to receive a refund, transfer or credit. All other terms and conditions apply as stated in the previous section under Cancellations and Refunds for Individuals.
RAIN OR SHINE
All scheduled tours will operate rain or shine unless the main attraction of a tour is canceled by the service provider, or when travel to the destination is officially declared unsafe or inadvisable by government officials, in which case you will be notified as soon as possible and issued a full refund, transfer, or credit.
ROOM SHARE 
Adventurewest.tours offers a room share program for single travelers on most overnight tours, whereby we’ll pair you with a same-gender, non-smoking single traveler so that both receive the double occupancy rate. If we are unable to secure a roommate for you, you’ll receive the normal single occupancy room. This program is not available to individuals who use noise-generating medical devices, are accompanied by a service animal, suffer from insomnia, excessive body odor, or other conditions that could affect the comfort and well-being of the paired roommate.
TOUR MANAGER & DRIVER GRATUITIES
As in all service industries, gratuities for the Tour Manager and driver are customary when great service is provided and are not included in the price of your tour. The customary gratuity amount for the tour industry is $6 or more per person per day on day tours, and $10 or more per person per day on extended vacations.
BUS PICKUP LOCATIONS AND PARKING LIABILITY
Adventurewest.tours offers various bus “pickup points” or “departure locations” as a convenience to customers residing in different areas of the county. However, these pickup locations are offered only as locations from which to board the coach and are not offered or implied as secure or legal locations for automobile parking. We highly recommend that customers observe all parking restrictions and local ordinances. Street parking is usually limited to 72 hours and Park & Ride parking is generally limited to 24 hours; therefore, we recommend utilizing public transportation, ridesharing or taxi service to transport you to our departure locations on overnight tours. Adventurewest.tours assumes no liability for loss, theft, damage, personal injury or citations arising from the locations at which passengers’ automobiles are parked, including at Adventurewest.tours’ short-term or long-term gated parking lots, where parking is permitted. When home pickup and return is included as part of a tour, the home pickup is limited to a radius of 35 miles from Phoenix Sky Harbor airport. A surcharge will be added to distances beyond this radius.
PASSENGER RESPONSIBILITIES
All passengers assume responsibility for following all tour procedures, safety regulations, Tour Manager instructions, and displaying acceptable patterns of behavior while traveling with Adventurewest.tours. We reserve the right to refuse passage to anyone who, in our sole opinion, may affect the health, safety or enjoyment of other passengers on a tour, either prior to departure or during the tour. Should it be necessary for a passenger to return home while a tour is in progress due to violation of these responsibilities, any travel expenses incurred are the sole responsibility of the passenger.
MOTOR COACH ETIQUETTE
For the comfort and enjoyment of all travelers on a tour we ask each passenger to observe the following motor coach etiquette: 1) Silence your cell phone while on the coach and limit cell phone conversations to urgent calls only. 2) Practice good hygiene and refrain from using fragrances in consideration of those with sensitivities and allergies. 3) Maintain a low volume on personal conversations and pause your conversation when the Tour Manager is addressing the group.
DISABILITIES & PASSENGER HEALTH
Adventurewest.tours makes reasonable accommodations to our disabled guests. Motor coaches equipped with a wheelchair lift should be requested as far in advance as possible and are subject to availability and circumstances of each tour. Mobility devices lifted into the passenger cabin are secured in place and considered the disabled guest’s assigned seat for the duration of the tour. Passengers should be in good mental and physical health to fully participate in the group tour experience, as most tours involve walking, free time and step-climbing or other physical activities during the course of the tour. Passengers are responsible for considering the appropriateness of a tour based on their personal limitations prior to making a reservation. Tour Managers and motor coach drivers are unable to provide personalized assistance; therefore, persons with special needs should be accompanied by an individual who will take full responsibility to assist them during the tour and in the event of an emergency.
SERVICE DOGS
Service dogs trained to perform specific tasks for a disabled person are permitted by law on Adventurewest.tours excursions. Advance notification is preferred, as it allows us to better prepare to accommodate the service dog’s and disabled person’s needs. For the comfort and safety of others, emotional support dogs and pets are not permitted on the tours.
DISABLED SERVICES AT FACILITIES
Should you desire special accommodation or equipment to assist with a disability at the tour destination, please let us know in advance so we can advise our service providers. Although we will do our best to notify these providers, Adventurewest.tours does not guarantee the availability of loaner wheelchairs or the ability of the service provider to otherwise accommodate a disability. Wheelchair accessible and ADA compliant rooms at hotels can be requested but cannot be guaranteed. Availability of such rooms on the dates of your tour may vary from property to property, and standards may vary from country to country, and are not within the control of Adventurewest.tours.
CUSTOMERS OF SIZE
Adventurewest.tours is committed to providing a comfortable and enjoyable experience for all our customers. As part of this commitment, we require the purchase of an additional seat for any customer who cannot comfortably fit within the boundaries of one seat on the motor coach. Although there are slight differences in seat size depending on the coach used, the width of the seat typically measures between 17” and 19” inches. If you are traveling alone and will not be able to fit in a seat of this size without encroaching upon any part of the neighboring seat, we require that you purchase a second seat at the discounted price of $69 per day if available. An additional seat may not be available on some tours. The price of the additional seat will be refunded to you on the day of the tour if empty seats are available. The purchase of a second seat is not required if you are traveling with a companion who has agreed to occupy the seat next to you. We request that you please call us to purchase the additional seat in advance so that we can adequately plan and ensure that adjacent seating is available. If you require a second seat and it has not been purchased in advance, you will be asked to purchase the additional seat before boarding the motor coach. There is always the possibility that the tour will be fully booked and two seats will not be available together, which could compromise your ability to participate in the tour. We therefore strongly encourage you to purchase the second seat at the time you make your reservation. Adventurewest.tours is committed to complying with all applicable provisions of the Americans with Disabilities Act (ADA) and its corresponding state and local laws. It is our policy not to discriminate against anyone because of a disability. In line with this policy of nondiscrimination, if your need for an additional seat is because of a disability, we ask that you please inform us of your need for a reasonable accommodation at the time of booking your reservation. In this instance, an additional seat will be provided to you at no cost if available.
AGE RESTRICTIONS
Our excursions are designed with the needs and desires of mature travelers in mind; therefore, we are unable to accept travelers under the age of 18 except by special request. When permission is granted, a responsible adult must always accompany and supervise all children under the age of 18 while on a tour.
TRAVEL INTO MEXICO
No children under the age of 18 are permitted to travel on a Adventurewest.tours excursion into Mexico. All passengers are responsible for determining the requirements for their situation and for obtaining all required documents and information by calling the INS at (619) 690-8888. Failure to do so may result in detention at the border and require alternate transportation home at the passenger’s expense.
SPECIAL REQUESTS
Adventurewest.tours will provide the services and facilities of your vacation package as described in our catalog and confirmed on your invoice. Special meals and dietary needs fall outside our contract with service providers and cannot be accommodated. If you prefer special arrangements other than those described, such as special hotel room or airline seating requests, we will gladly communicate your special request to the appropriate vendor on your behalf. However, since these requests lie outside our contracts with our suppliers, Adventurewest.tours cannot guarantee nor assume responsibility for the outcome of those requests.
PHOTO WAIVER
During an excursion the Tour Manager and fellow travelers may, and often do, take photographs and videos in order to share the experience on social media platforms and on Adventurewest.tours’ website. It is possible that you may appear in one or more of the photos or videos, and by joining a Adventurewest.tours excursion you are giving your consent to be photographed and/or recorded and to have your appearance and voice used in any and all media throughout the universe and in perpetuity without notice or compensation.
LIABILITY
Adventurewest.tours acts solely as the agent in arranging for and coordinating various services of other companies to create tour packages, including transportation, Tour Managers, hotels, restaurants, performance and admission tickets and other services. The persons or companies engaged in conducting those services are not employees of Adventurewest.tours; therefore, Adventurewest.tours assumes no liability for any loss, accident, baggage damage, delay, inconvenience, expense or injury to you or any persons traveling with you owing to any act of default or negligence caused by any person or company engaged in providing those services, or by any strike, acts of Providence or other events beyond our control. We reserve the right to cancel or alter any tour when circumstances require. By submitting your payment for any tour you are accepting these terms and conditions in their entirety.

AWT furnishes the Site and the AWT Services for your personal enjoyment and entertainment. By visiting the Site (whether or not you are a registered member) or using the AWT Services, you accept and agree to be bound by this Terms of Use Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. AWT may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site or the AWT Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the AWT Services immediately. You may receive a copy of this Agreement by emailing us at: info@adventurewest.tours; Subject: Terms of Use Agreement. Your access to and use of certain AWT Services may require you to accept additional terms and conditions applicable to such AWT Services, in addition to this Agreement, and may require you to download Software or Content (each as defined below).

Eligibility for Site Registration and Account Security

Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify AWT immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

This Agreement remains in full force and effect while you use the AWT Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing info@adventurewest.tours, Subject: Terminate My Account. AWT may terminate your account and/or access to the AWT Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the AWT Services is terminated, this Agreement will remain in effect. You agree that your account is non – transferable and any rights to your account terminate upon your death.

Purchasing Site Services or Products

If you purchase any service or product on the Site, (“Site Product”), you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third party company (or companies) selected by, but not affiliated with, AWT (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

AWT makes no warranty and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. AWT provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, AWT will in no way be responsible or liable to you for any such breach.

AWT will not store any record of Personal Financial Information related to purchases or other transactions you make through the AWT Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

AWT Content

The AWT Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of AWT (“AWT Content”). AWT Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and AWT, AWT owns and retains all rights in the AWT Content and the AWT Services. AWT hereby grants you a limited, revocable, non sublicensable license to access and display the AWT Content (excluding any software code) solely for your personal, non – commercial use in connection with viewing the Site and using the AWT Services. The AWT Services may also contain Content of users and other AWT licensors. Except as provided in this Agreement or as explicitly allowed on the AWT Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the AWT Services.

Except as explicitly and expressly permitted by AWT, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on – line postcards, montages, mash – ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the AWT Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web – based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo – filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from AWT. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting AWT in writing at: Legal Department, AWT Adventures LLC, Phone: 602.282.3802 Email: info@adventurewest.tours Address: AWT 3317 E. Bell Rd. #101-415 Phoenix, Az 85032.

Your Use of AWT Services

The AWT Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from AWT. AWT reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the AWT Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the AWT Services. You understand that AWT does not control the User Content posted by users via the AWT Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. AWT assumes no responsibility or liability for this type of Content. If you become aware of misuse of the AWT Services, please report this immediately to AWT by emailing,info@adventurewest.tours, Subject: Misuse of AWT Services. AWT assumes no responsibility for monitoring the AWT Services for inappropriate Content or conduct. If at any time, AWT chooses in its sole discretion to monitor the AWT Services, AWT nonetheless assumes no responsibility for Content other than AWT Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

You agree not to use the AWT Services to:

– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;

– Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;

– Harass or harm another person;

– Exploit or endanger a minor;

– Impersonate or attempt to impersonate any person or entity;

– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the AWT Services, including AWT’ servers, networks or accounts;

– Cover, remove, disable, block or obscure advertisements or other portions of the AWT Services;

– Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the AWT Services, or to circumvent or modify any security technology or software that is part of the AWT Services;

– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the AWT Services. If you do so, you acknowledge you will have caused substantial harm to AWT, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay AWT $50 for each actual or intended recipient of such communication;

– Solicit, collect or request any personal information for commercial or unlawful purposes;

– Post, upload or otherwise transmit an image or video of another person without that person’s consent;

– Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without AWT’ prior written consent;

– Use the AWT Services to advertise or promote competing services;

– Use the AWT Services in a manner inconsistent with any and all Applicable Law;

– Attempt, facilitate or encourage others to do any of the foregoing.

AWT reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by AWT in its sole discretion. You acknowledge AWT reserves the right to investigate and take appropriate legal action against anyone who, in AWT’s’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that AWT may access, preserve or disclose information you provide to the Site, including User Content, when AWT  has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of AWT, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the AWT Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

Message Boards and Public Forums

The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and AWT cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. AWT is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. AWT reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.

Your Proprietary Rights

AWT does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the AWT Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by AWT or any Affiliated Company. By posting any User Content on, through or in connection with the AWT Services, you hereby grant to AWT and our Affiliated Companies, licensees and authorized users, a perpetual, non – exclusive, fully – paid and royalty – free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the AWT Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. AWT use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. AWT reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the AWT Services.

You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the AWT Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the AWT Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the AWT Services or Third Party Services.

Copyrights and Other Intellectual Property

AWT respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. AWT has a policy of terminating repeat infringers’ access to the AWT Services in appropriate circumstances.

If you believe that any material residing on or linked to from the Site infringes your copyright, please send AWT Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the AWT Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. AWT Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, AWT Adventures LLC, Phone: 602.282.3802 Email: info@adventurewest.tours Address: AWT 18026 N.Cave Creek Rd. #4 Phoenix, AZ 85032.

Third Party Links and Services

The AWT Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with AWT.. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. AWT is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the AWT Services does not imply approval or endorsement of the Third Party Service. AWT is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using the AWT Services, you acknowledge and agree that AWT is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. AWT encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact the Legal Department at AWT at info@adventurewest.tours, Subject: Request for Permission to Link to Site, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or AWT, including its respective employees, agents, directors, officers or shareholders.

Member Disputes

You are solely responsible for your interactions with other AWT users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the AWT Services. AWT reserves the right, but has no obligation, to become involved in any way with these disputes.

Privacy

Use of the AWT Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

The AWT Services are provided “AS – IS” and “as available” and AWT does not guarantee or promise any specific results from use of the AWT Services. AWT expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non – infringement. In particular, AWT makes no warranty that your use of the AWT Services will be uninterrupted, timely, secure or error – free or that any information obtained by you on, through or in connection with the AWT Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will AWT be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the AWT Services, problems or technical malfunction in connection with use of the AWT Services, attendance at a AWT event, any material downloaded or otherwise obtained in connection with the AWT Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the AWT Services, or the conduct of any users of the AWT Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of AWT.

Limitation on Liability

IN NO EVENT WILL AWTBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE AWT SERVICES, EVEN IF AWT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AWT LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AWT FOR THE AWT SERVICES DURING THE TERM OF YOUR USE OF THE AWT SERVICES.

U.S. Export Controls

Software available in connection with the AWT Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the AWT Services or otherwise exported or re – exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and AWT agree to submit to the exclusive jurisdiction of the courts located in East Stroudsburg, Pennsylvania to resolve any dispute arising out of this Agreement or the AWT Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS – CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Indemnity

You agree to indemnify and hold AWT, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the AWT Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the AWT Services.

Unsolicited Submissions

AWT does not knowingly accept, via the AWT Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. AWT policy is to simply delete any such submission without reading it or forwarding it to other AWT staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any AWT or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to AWT via the AWT Services (including but not limited to any public forum), however, such submissions and copyright become the property of AWT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as AWT sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against AWT or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment Opportunities

AWT may, from time to time, post AWT employment opportunities on the AWT Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to AWT in response to employment listings, you are authorizing AWT to utilize this information for all lawful and legitimate hiring and employment purposes. AWT also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the AWT Services will constitute a promise by AWT to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the AWT Services constitute a promise that AWT will review any or all of the information submitted to it by users of the AWT Services.

Trademarks

The failure of AWT to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. AWT, the AWT logo and affiliate AWT logos are trademarks of AWT LLC., and all other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of AWT or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.