Terms of Use
Last Modified: August 2012
Welcome to www.washdctours.com (the “Website”) operated by Gabriela Bebchick (hereinafter, “Guide”, “us”, “our” or “we”). The Website offers visitors (“you” or “your”) access to various information about us. This agreement (the “Agreement”) sets forth the terms and conditions which govern your use of the Website.
Please read the Agreement carefully. By accessing the Website, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions set forth in the Agreement and otherwise appearing on the Website, including without limitation those Terms & Conditions contained on the “Contact Us” page. If you do not wish to be bound by this Agreement, you are not authorized to use the Website.
We reserve the right to modify this Agreement at any time, and you agree that all such changes shall be effective and binding upon you upon being posted to the Website. You agree to review the Agreement periodically to be aware of any such modifications. For your convenience, we will indicate for you the date of any prior modifications to the Agreement after “Last Modified” above.
1. Informational Purposes Only. We provide the materials on the Website for general information purposes only, and these materials do not constitute professional or other advice. We do not accept any responsibility for any loss that may arise from reliance on the information contained on the Website.
2. Proprietary Rights. All content contained in the Website, including but not limited to the software which operates the Website, text, graphics, photographs, articles or other materials, are the intellectual property of, or are authorized for use by, Guide. Except as expressly permitted in this Agreement, you may not modify, copy, reproduce, display, republish, store, transmit, or distribute in any way content available on the Website without Guide’s prior written consent .
3. Unauthorized Use. Other than for learning about our services or retaining us, you may not use the Website for any commercial purpose. You may not take any action to interfere with the Website or any other visitor’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Website or forge or mask your true identity in any e-mail to us. You may not frame portions of the Website within another website or establish links from any other website to any page of the Website without our prior written consent.
4. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GUIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT APPEARING ON THE WEBSITE. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GUIDE DOES NOT WARRANT THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GUIDE SHALL SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL GUIDE BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST DATA, LOST OPPORTUNITIES OR COSTS OF COVER) UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF YOU AND US, REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF GUIDE TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).
6. Disputes; Venue. If there is any dispute about or involving the Website or your interaction with Guide, you agree that such dispute will be governed by the laws of the United States and the internal laws of the State of Maryland without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the U.S. District Court for Maryland, Greenbelt Division and the Maryland State courts of Montgomery County, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
7. Notices. Except as otherwise stated, any notice to us shall be given by e-mail to [email protected], and any notice to you shall be given to the street or e-mail address that you provided us. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
8. Other. The failure by Guide to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. Any provision of this Agreement which, by its nature or express terms should survive, will survive the completion, expiration, termination or cancellation of this Agreement. This Agreement, the Terms & Conditions and any other contractual terms expressly set forth on the Website contain the entire agreement between you and Guide regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.