November 22, 2011
YOU AFFIRM THAT YOU ARE EITHER AN EMANCIPATED MINOR, POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, OR AT LEAST 18 YEARS OF AGE, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs.
WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON USERS PARTICIPATING IN OUR TRAVEL SERVICES; HOWEVER, WE RESERVE THE RIGHT TO CONDUCT A CRIMINAL BACKGROUND CHECK, AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
OUR FEES ARE EXPLAINED TO USERS DURING THE TRAVEL APPLICATION PROCESS AND ARE SUBJECT TO CHANGE FROM TIME TO TIME AT OUR ABSOLUTE AND SOLE DISCRETION.
PAYMENT OF AN APPLICATION FEE IS FINAL. NO REFUNDS OR CREDITS SHALL BE ISSUED BY RPI FOR ANY REASON.
PARTICIPATION IN OUR TRAVEL PROGRAM REQUIRES EXTENSIVE REVIEW, APPROVAL AND ADHERENCE TO VARIOUS RULES OF BEHAVIOR, DISCLAIMERS AND HEALTH DOCUMENTATION BY BOTH USERS AND THEIR PARENTS (OR LEGAL GUARDIANS). FAILURE TO PROVIDE THE PROPER DOCUMENTATION OR FAILURE TO ABIDE BY ANY OF RPI'S CODE OF CONDUCT OR RULES, AS PROVIDED, SHALL RESULT IN THE TERMINATION OF A USER'S PARTICIPATION IN THE TRAVEL PROGRAMS.
BY SUBMITTING A TRAVEL APPLICATION ON SITE, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.
Please read the following general website Terms and Conditions (these "T&Cs" or "Agreement") carefully before accessing the http://www.rusticpathways.com website (the "Site"), before filing a travel Application with the Site or submitting an online request for a personal visit from one of our representatives, participating in any Promotion, making any Submission or using the various Services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Site, Rustic Pathways Australia (USA) Inc., and its sponsors, advertisers, affiliates, parents and subsidiaries (individually and collectively, "we," "us," "our" or "RPI").
By accessing this Site or using our Services, as described below, you (i) signify your irrevocable acceptance of these general T&Cs and (ii) represent that you are either of legal age or possess legal parental or guardian consent to agree to these T&Cs. These T&Cs apply to all visitors or users of the site (together "Users"), including participants in any contest, competition or promotion ("Promotion") and those who are otherwise contributors of travel applications, entries, opinions or other expressive content, information or services on the Site.
User access to the Site is void and unauthorized where prohibited by applicable law or regulation.
1) Description of Site and Services: RPI and the Site provide information on organized travel programs for high school and college students, families and groups. The Site enables Users to review available travel programs, request personal home visits from RPI representatives, request a newsletter or catalog, submit an application for participation in a travel program and enter available Promotions (the "Services"). The Site also enables interested Users to apply for employment with RPI. All offerings, activities, capabilities, products and services offered by or through the Sites shall individually and collectively be referred to as "Services". Available Promotions may include various contests, sweepstakes and other promotions offered through the Site.
"Submission" means the upload, submission, sending or posting, where and if available, by Users of any photograph(s), video(s), image(s), text, opinions, Promotion entries and/or comment(s) or other content to the Site.
We reserve the right to add, change, modify, suspend or discontinue any portion of the Site or the Services offered at any time. We may also impose limits on certain Services or features or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.
3) Travel Programs: The Site provides its Users with access to a variety of Services, including but not limited to submitting an application for participation in a travel program.
a) Travel Applications: The Site enables Users to submit an application ("Application") for participation in any of our travel programs. The Application requires Users to review certain important information and accept various disclaimers critical to the success of any travel program (together "Information Package"). The Information Package may be provided in various stages, both during the initial online Application process and afterwards. The Information Package may include required information, documentations and disclaimers. The Information Package may also include health related applications and reports as well as financial assistance applications. In addition, the Information Package may include various rules of conduct and behavior administered by RPI. Any and all Information Packages presented to Users either as a part of the Application process, contemporaneously or afterwards shall be incorporated by reference into these T&Cs.
i. Application Fee: Except as otherwise provided on the Site with respect to returning Users, applications are not accepted or reviewed absent the payment of an Application fee ("Application Fee"). The Application Fee, including any rules and conditions associated with the Application Fee, is explained to you during the Application submission process. The Application Fee is neither a deposit toward the cost of travel package nor any applicable airfare costs. The Application Fee is a processing and administrative fee associated with your application for participation in any of our travel program. Submission and payment of an Application Fee is final. No refunds or credits shall be issued by RPI for any reason.
ii. Travel Fees: The payment of any and all fees associated with the travel programs are governed by the terms, rules and obligations as delineated in the Application, the Site and the Information Package.
b) Travel Restrictions: Please be aware that participation in some travel programs may limited by their physically challenging nature. For others, participation may be limited because of concern for dangerous food allergies. A proper health examination qualifying you for any travel program may be required.
4) Term/Termination: RPI may in its sole and absolute discretion remove and/or terminate a User's access to the Site or its Services, for any reason, including but not limited to violations of these T&Cs. RPI may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to submitting a travel application. Such termination is effective when executed by RPI or upon transmittal by RPI. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of your access. Withdrawal of consent or request to have your usage of any Service, including a travel application, terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
5) Content Provided by Users: Any information listed, uploaded, posted or made available by Users are those of the respective Users and not of RPI, and should not necessarily be relied upon. Such Users are solely responsible for the accuracy, completeness or usefulness of such content. RPI does not guarantee the accuracy, completeness or usefulness of any information made available by Users on the Site and/or through the Services and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. The Users understand and agree that RPI will not be responsible for, and Users hereby agree to hold RPI harmless from, any and all loss or damage resulting from anyone's reliance on information or other content posted on the Site, available through the Services, or otherwise transmitted to Users. You may access such information solely:
For your information and personal use; and
As intended through the normal functionality of the Site.
6) Submissions and Comments: This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s) or other content to the Site. As a User of the Site you may be permitted, where available, submit video, photographic and textual content or comments ("Submission(s)"). Users agree that whether published or not, RPI does not guarantee the confidentiality of their Submissions. RPI does not condone or tolerate the submission of illegal or inappropriate content. By providing your Submissions, or attempting to provide your Submissions, you hereby agree, and are fully subject, to these content terms ("Content Terms"). These Content Terms govern each and every Submission that you make to the Site. In consideration for making your Submissions to the Site, you represent, warrant and agree that:
a) You are either eighteen (18) years of age or older, an emancipated minors, or possess the necessary legal parental or guardian consent to provide the Submission;
c) The Submissions do not contain obscene material, as defined under Federal Law, including, without limitation, violence, other illegal activities and/or contraband;
d) You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
e) No other party has any rights, including intellectual property rights, to the Submissions;
g) RPI may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
h) You are subject to any other guidelines and/or rules and regulations, such as the Information Package, that may appear at the Site or as part of your Application; and
i) Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.
7) Online Conduct: You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post on the Site. You agree to use the Services in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:
a) post, or attempt to post, any photographs, videos or other images containing offensive and/or confidential information;
b) impersonate any person or entity;
c) "stalk" or otherwise harass any person via the Site and/or Services;
d) engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Site and/or Services;
e) transmit any chain letters, spam or junk e-mail to other Users;
f) express or imply, without our specific, prior, written consent that any statements you make are endorsed by RPI;
g) harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent;
h) advertise or sell products or services through the Site;
i) solicit clients, customers or commercial partners using the Site;
j) use the Site for employment purposes (except as provided by our employment application form);
k) submit an Application on behalf of another User;
l) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
m) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of RPI or the owner of such proprietary rights;
n) to access Submissions or the Site through any technology or means other than through the means provided on the Site itself or other explicitly authorized means RPI may designate;
o) remove any copyright, trademark or other proprietary rights notices contained on the Site;
p) interfere with or disrupt the Site or the servers/networks connected to the Site;
q) post, e-mail or otherwise transmit 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;
r) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
s) "frame" or "mirror" any part of the Site, without our specific, prior written authorization;
t) use metatags, code or other devices containing any reference to RPI, the Services or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
u) to use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of RPI.
RPI reserves the right, but has no obligation, to reject any Submission that does not comply, in RPI's sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the immediate termination of your usage of or participation in any Service including any travel program or promotion. RPI reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct.
RPI DOES NOT CONDUCT ANY TYPE OF BACKGROUND CHECKS ON ITS USERS; HOWEVER, WE RESERVE THE RIGHT TO CONDUCT A CRIMINAL BACKGROUND CHECK, AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
NOTHING CONTAINED HEREIN ABOVE SHALL IN ANYWAY BE READ TO REDUCE YOUR RESPONSIBILITY TO CONDUCT YOUR ACTIONS WITH APPROPRIATE CAUTION NOR WILL IT PLACE RESPONSIBILITY ON RPI FOR YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER.
8) License Grant: As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in this Agreement.
No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site' infrastructure.
9) Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Services or other materials viewed at, on or through the Site. The posting of information or material at or on the Site by us does not constitute a waiver of any right in such information and materials.
10) Digital Millennium Copyright Act
a) If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RPI to locate the material;
Information reasonably sufficient to permit RPI to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the you may be contacted;
A statement that you, complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you, the complaining party, is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RPI's designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent c/o
Rustic Pathways Australia (USA) Inc.
15345 Chardon Windsor Road
Huntsburg, Ohio 44046
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your Submissions that was removed (or to which access has been disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your Submission, you may send a counter-notice containing the following information to our Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your name, address, telephone number, and e-mail address;
a statement that you consent to the jurisdiction of the federal court in Lake County, Ohio; and
a statement that you will accept service of process from the person who provided notification of the alleged infringement.
12) Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any policy, rule or guideline referenced on the Site.
13) WARRANTIES: You expressly agree that access and use of the Site and Services is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site may contain bugs, errors, problems or other limitations.
We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, User communications; 2) the conduct of any User, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another's rights, including intellectual property rights.
You agree that RPI is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal and/or civil liability.
If you are dissatisfied with the Site, its Services or with this Agreement, your sole and exclusive remedy is the cancellation of your Services and to discontinue use of the Site.
14) Third-party Websites: The Site may contain links to other websites owned and operated by RPI, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by RPI. RPI has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Site, you expressly relieve RPI from any and all liability arising from your use of any third party website. Furthermore, RPI does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from.
Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any RPI or third party website you access through the Site.
15) Miscellaneous: 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. The above not withstanding, any and all restrictions, disclaimer, prohibitions and, rules and requirements as set for in the Information Package shall take precedence over this Agreement. 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, or any other provisions in this Agreement.
You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.
16) DISPUTE RESOLUTION: If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and us agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum - This Agreement shall be treated as though it were executed and performed in Lake County, Ohio and shall be governed in all respects by the laws of the State of Ohio without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a court located in Lake County, Ohio, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Lake County, Ohio for the purpose of litigating all such Claims or disputes.
17) Legal Warning: Any attempt by any User to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site or its Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending User to the fullest extent permissible by law and in equity.
18) Contact Us:
Rustic Pathways Australia (USA) Inc.
15345 Chardon Windsor Road
Huntsburg, Ohio 44046