Terms and Conditions

BiteSeeing Food Tours

Terms & Conditions of Use Agreement

Effective Date: June 6th, 2016

Welcome to BiteSeeingFoodTours.com (“Site”) the web site of BiteSeeing Food Tours (“Company”). The following Terms and Conditions (“Agreement”) governs your use of the Site. By accessing and using the Site, you signify and acknowledge your acceptance of this Agreement and our Privacy Policy. Please read both of these documents very carefully.

Your acceptance of this Agreement provides you with a limited, temporary and non-exclusive license and permission to use the resources of the Site, as well as the opportunity to purchase tickets for one of our walking food tasting tours. This limited, temporary, and non-exclusive license and permission are freely revocable at any time, for any reason whatsoever, and with or without notice, by BiteSeeing Food Tours (“Company”) as described more fully below. If you do not agree to this Agreement, please do not use the Site or purchase tickets for tours.

Intellectual Property. All information, content, services and software displayed on, transmitted through, or used in connection with the Site, including, and without limitation, text, photographs, images, illustrations, audio, video, html, source and object code, trademarks, logos, and all other media (collectively, “Content”), as well as the assortment, selection, and arrangement, is owned by the Company, and/or the Company’s affiliated entities, licensors and/or suppliers. Content may be used online only, and solely for personal, non-commercial use. To link the Site to a personal web site is permissible with written notice to the Company and with the provision that such the Site link is removed from your personal web site immediately upon request from the Company. No other use is permitted. The permitted use described in this paragraph is contingent on your compliance at all times with this Agreement.

You may not, without the prior, written approval of the Company: (i) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, (ii) distribute any Content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of Content, or (iv) copy Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.

Requests to use Content for any purpose other than as permitted in this Agreement should be directed to the email address info@biteseeingfoodtours.com.

Infringement Complaints. The Company and the Site respect the intellectual property of others. If you believe your rights have been infringed and/or are aware of any infringing material on the Site, please contact us at the email address info@biteseeingfoodtours.com.

User-Provided Information and Content. By providing information to, communicating with, and/or placing material on the Site (collectively, “User-Provided Content”), you represent and warrant that you, in consideration of being allowed to use the Site, irrevocably and unconditionally grant, transfer and assign all right, title and interest in and to the User-Provided Content to the Company, its affiliates and related entities, including the Site. You represent and warrant that, as a result of this grant, transfer and assignment, you will retain no ownership rights in and to the User-Provided Content whatsoever. You acknowledge and agree that all rights delineated in this paragraph are granted without need of compensation of any sort to you and that you are waiving any claim against the Company, the Site, and the affiliates of the foregoing, arising directly or indirectly out of the User-Provided Content.

Without limiting the other provisions of this Agreement in any way, you represent, warrant, acknowledge and agree that: (a) The Company solely owns all Content and User-Provided Content and retains the unencumbered right to modify any portion of the Site; and (b) The Company will, at its sole discretion, make changes to the Site by modifying, adding or eliminating features, functions and abilities as it deems warranted.

Transactions and E-Commerce on the Site. During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

Occasionally, a product or service may not be available at a time listed or at a price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date, length of promotion, or error in pricing or product information received from our advertisers or suppliers, you agree that the Company and the Site are not responsible for such errors or discrepancies.

Communications with Third Parties on the Site. Your contact or communication through the Site with any party other than the Company and/or the Site are solely between you and that third party. The Company and the Site disclaim any knowledge, awareness, or liability for such communication. Certain areas of the Site may allow you to conduct transactions or purchase goods or services. Some of these transactions may be conducted by third-party partners and vendors. Under no circumstances will the Company or the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.

During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. The Company and the Site are not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

Chat Rooms and Message Boards. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (the “User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not the Company or the Site, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Site and its chat rooms, message boards, blogs, comments within the blogs, and similar interactive pages, threads or activities. The Company and the Site do not control the User Content posted on the Site and, as such, do not guarantee the accuracy, integrity or quality of such User Content. By using any chat rooms, message boards, blogs, comment sections, and similar interactive pages, threads or activities on the Site, you acknowledge and understand that you may be exposed to User Content that is offensive, indecent and/or objectionable. Under no circumstances will the Company or the Site be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any Comment Content posted, emailed, transmitted or otherwise made available via the Site.

Without limiting the other provisions of this Agreement in any way, you agree to not use the Site to: (a) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Company or Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site; (e) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) 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; (i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (k) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; (l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to the Immigration and Nationality Act; (m) “stalk” or otherwise harass another; and/or (n) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.

You acknowledge that the Company and/or the Site may or may not pre-screen User Content, but that Company and the Site shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or redact any User Content that is available via the Site. Without limiting the foregoing, the Company and the Site shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable. By posting anything or otherwise using any chat rooms, message boards, blogs, comment sections, and similar interactive pages, threads or activities on the Site, you agree that you are responsible to evaluate, and bear all risks associated with, your User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You acknowledge, consent and agree that the Company and the Site may access, preserve and disclose your account information and User Content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company, the Site, the Site users and the public.

General Disclaimer and Limitation of Liability. While the Company and the Site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of Content and assume no liability or responsibility for any error or omissions thereof. The Company and the Site do not represent or warrant that use of any Content will not inadvertently infringe upon rights of third parties. The Company and the Site have no responsibility for actions of third parties or for content provided or posted by others.

USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE COMPANY, THE SITE, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE PAST, PRESENT OR FUTURE EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE COMPANY, THE SITE, AND THE AFFILIATES OF THE FOREGOING ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR FOR ANY VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

IN NO EVENT SHALL THE COMPANY OR THE SITE, INCLUDING THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS AND LICENSORS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY, THE SITE, OR THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE COMPANY AND THE SITE, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES, MEDIATION OR ARBITRATION FEES, AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) THE COMPANY OR THE SITE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; (4) YOUR PARTICIPATION IN ANY OF THE FOOD AND EDUCATIONAL WALKING TOURS OFFERED THROUGH THE SITE; AND (5) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users. The Site is controlled, operated and administered from within the United States. The Company and the Site make no representation that materials, Content, or Chat Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their content is illegal is prohibited. Use of the Site and export of Content and/or Chat Content in violation of U.S. export laws and regulations is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws within that jurisdiction.

Miscellaneous: The Company and the Site reserve the right to change this Agreement at any time at its discretion and to notify users of any changes solely by posting such changes to the Site. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound to the amended Agreement.

The Company and the Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Company and the Site may deny access to any person or user at any time for any reason. In addition, the Company and the Site may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company, the Site or any of their assets. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arkansas as applied to agreements entered into and fully performed within the State, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site (including, without limitation, related to your participation in any Tours) must be filed with an arbitrator located in Benton County, Arkansas within 180 days of the time in which the events giving rise to such claim occurred, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. You agree to binding arbitration in accordance with the rules of the American Arbitration Association. The Site is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. This Agreement also hereby incorporates in full by this reference the terms and conditions contained in the Company’s Privacy Policy. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of the Company or the Site to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Site, and all other provisions for which survival is equitable or appropriate.

This Agreement also hereby incorporates in full by this reference the terms and conditions contained in the Privacy Policy of BiteSeeingFoodTours.com.

Contact.         To contact the Company, please send an email to info@biteseeingfoodtours.com.