Website Terms of Use

The AboutTimeTours website (“Site”) and mobile application (“App”) are owned and operated by AboutTimeTours, Inc (“AboutTimeTours,” “we,” “our,” or “us”), together with its affiliates, subsidiaries, successors, and assigns. For the purposes of these Terms of Use, at times we may refer to the Site and App collectively as the “Services”. These Terms of Use cover your use of the Services, including when you access and/or use any services or other features that we may offer through the Site and/or App.

Please read these Terms of Use (“Terms”) carefully before you use the Services.

By using this Services, you, on behalf of yourself and any entity you represent, if applicable, acknowledge that you have read and understand these Terms, you agree to be bound by these Terms, and these Terms form a legally binding agreement between you and AboutTimeTours. When taking certain actions on the Site and/or App, you may also be required to click-to-agree to these Terms. If acting on behalf of an entity, you must have, and you represent and warrant that you have, full authority to bind your entity to these Terms. Further, by using the Site and/or App, you also agree to our Privacy Statement (which is incorporated into these Terms). You acknowledge and agree that these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Site and/or App), and you acknowledge your receipt of and the sufficiency of the consideration. DO NOT USE THE SITE OR APP IF YOU DO NOT AGREE WITH EACH TERM AND CONDITION IN THESE TERMS.

1. Services.

The Services are owned and operated by AboutTimeTours. We reserve all right, title and interest in and to the Services and the Content (defined below), except for the limited licenses set forth in these Terms. Except as authorized by these Terms no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of AboutTimeTours. You agree not to access the Services through any technology or means other than through the explicitly authorized means we may designate.

2. Account; License to Access the Services and Our Content.

To access the Services, you must create an account. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. Subject to your compliance with these Terms, we grant you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, limited license to access and use the Services, to download and install the App on your device(s), and to print limited copies of the content we make available to you in the Services, including the text, graphics, logos, images, audio clips, real property information, MLS information, personal information, maps, routes, and any other material or information provided to you by us in connection with the Services (“Content”) solely for your personal, non-commercial use. Any other copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Services and/or Content (or creation of derivative works based on the Services or Content) is strictly prohibited without the express prior written permission of Company.

3. Use of Services; Prohibited Activities.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Services, including all related expenses, if any. In your use of the Services, you are prohibited from:

• (a) using the Services or Content for any illegal or fraudulent purpose;
• (b) using the Services or Content in any manner that may adversely affects the security, integrity, availability or operation of the Services;
• (c) duplicating, copying, re-selling or sub-licensing the Services or Content without our consent, or adapting, translating, reverse engineering, decompiling, disassembling, or otherwise attempting to access any portion of the Services or Content in a manner for which you are not authorized or interfering with any security features of the Services;
• (d) removing or modifying any copyright, trademark, or other proprietary rights notice from the Services or Content;
• (e) using Services or information obtained through the Services to contact anyone who has asked not to be contacted;
• (f) submitting, posting or transmitting to the Services any material or information that is illegal, obscene, discriminatory, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy, or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity;
• (g) using the Services to, or in a manner that does, transmit software viruses, corrupted data, or cancel bots;
• (h) using the Services to impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity;
• (i) creating a database that includes any information received from the Services (including Content);
• (j) downloading, copying, or accessing or using the Services or Content to compete with us in any way;
• (k) framing or mirroring any Content or other portions of the Services;
• (l) using any automatic mechanism to scrape or collect Content, or automated means to post User Content;
• (m) using the Services to distribute spam; or
• (n) use the Services or the Content to train any artificial intelligence or machine learning model.

You are solely responsible for any material you transmit to or through the Services (or to us through messaging features or email). You agree, represent and warrant that any information you transmit to or through the Serviced (or to us through messaging features or email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. We have the right, but not the obligation, to monitor all conduct on, and content submitted to, the Services.

4. Content You Submit Using the Services.

If you choose to post any information, content, comments or messages (collectively, “User Content”) to any portion of the Services, you acknowledge and agree that you are solely responsible for such User Content. Where allowed, and where it is readily apparent that the User Content will be publicly available, you consent to our posting and collection of such User Content publicly. You grant us the unrestricted, perpetual, worldwide, transferable, sublicensable, royalty-free, and fully-paid up non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, create derivative works based on your User Content and otherwise use User Content in order to (a) provide, support and improve the Services; (b) for our own operational and business administration purposes; and (c) for our advertising and marketing purposes. The foregoing license includes the right to publish your name and city of residence in connection with your submitted User Content (though we are under no obligation to use your name or city of residence or to give you any attribution or credit for such User Content).

You acknowledge and agree that we may use your User Content in any media, now known or hereafter developed. You will not be paid for our use of your User Content. We are under no obligation to post or use any User Content you provide, and we may remove any User Content at any time in our discretion. We do not claim ownership of your User Content, unless otherwise expressly provided through the Services. You acknowledge and agree that we may have something similar already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your User Content. By posting any User Content to the Services you represent and warrant that you own or have all necessary rights in and to such User Content in order to post the User Content to the Services, and that your posting of the User Content does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, patent, trade secret, and any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages or harm resulting from your posting of User Content.

5. Communications; Text Messages.

We (and those acting on our behalf may) send you text (SMS) messages at the phone number you provide us. By providing your telephone number, you expressly consent that we and authorized agents may contact you using automated telephone dialing systems, artificial or prerecorded voice messages, and text messages (SMS/MMS) for the following purposes: (a) Tour scheduling and confirmations; (b) property showing appointments and reminders; (c) service updates and notifications related to your real estate interests; (d) account-related communications and security alerts; (e) customer service and support communications.

In addition, if you separately consent to receive marketing and promotional communications, we may send you marketing messages. You may opt out of receiving marketing text messages at any time by sending an email to the address in the Contact Us section below indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the texts, or by replying STOP to a text message (or other language, as described in the text message). You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. Operational text messages are essential to the Service. If you do not wish to receive operational text messages from us, do not use the Service. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page. If you use the Services to contact other users (e.g., as a real estate agent), you represent and warrant that you will use the messaging features of the Services in compliance with all applicable laws, including the Telephone Consumer Protection Act.

In addition, by using the Services, you understand that we may share your contact information with real estate agents, brokers, and other professionals involved in your property search or transaction. These third parties may contact you directly regarding properties and services related to your real estate interests. Communications from real estate partners are subject to their own terms and privacy policies. You must opt out of their communications separately.

6. Feedback.

By submitting ideas, suggestions, enhancement requests, documents, and/or proposals (“Feedback”) to us, you acknowledge and agree that: (a) Your Feedback does not contain the confidential or proprietary information of you or any third party; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) we are entitled, but not obligated, to use or disclose (without notice or credit given to you) Feedback for any purpose, in any manner, and in any media, now known or hereafter developed; (d) we may have something similar to the Feedback already under consideration or development; (e) you hereby assign to us upon submission of all right, title, and interest in and to your Feedback (and all copyright, trademark, trade secret, patent and other intellectual property rights therein); and (f) you are not entitled to compensation of any kind for your Feedback.

7. DMCA Safe Harbor Notice.

We respect the intellectual property of others, and we ask our users to do the same. We will promptly remove materials from the Services in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:

• (a) a description of the copyrighted work or other intellectual property that you claim has been infringed;
• (b) a description of where the material that you claim is infringing is located on the Services;
• (c) your address, telephone number, and 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
• (f) your electronic or physical signature.

You may submit this information to our copyright agent by addressing the notice to COPYRIGHT AGENT at the address set forth in the Contact Us section below. We may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you believe that your material is not infringing or has otherwise been removed by mistake, please provide us with a written counter-notification containing the following information: (i) your name, address, and telephone number; (ii) a description of the material that was removed and the location on the Services where it previously appeared; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (iv) a statement that you consent to the jurisdiction of federal courts located in Oregon, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and (v) your electronic or physical signature. You may submit this information by the methods described in the prior paragraph.

Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.

8. Indemnification.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) DUE TO OR ARISING OUT OF (A) YOUR ACCESS TO OR USE OF THE SERVICES, CONTENT OR OTHER INFORMATION OR MATERIALS OBTAINED THROUGH THE SERVICES; (B) YOUR USER CONTENT, INCLUDING WITHOUT LIMITATION THE DISPLAY OF YOUR USER CONTENT ON OUR SERVICES AND/OR OUR USE OF YOUR USER CONTENT AS AUTHORIZED IN THESE TERMS, OR ANY CLAIMS OF INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD-PARTY RIGHTS; AND/OR (C) YOUR VIOLATION OF THESE TERMS, OR ANY LAW, RULE, OR REGULATION.

9. Disclaimers.

YOU USE THE SERVICES AT YOUR OWN RISK. WE PROVIDE THE SERVICES, CONTENT, ACCESS TO USER CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED ON AND/OR COMPRISING THE SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, CONTENT, USER CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED ON AND/OR COMPRISING THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, NON-INFRINGEMENT, AND TITLE.

WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY THAT THE SERVICES, CONTENT, USER CONTENT, AND/OR OTHER INFORMATION OR MATERIALS OBTAINED ON AND/OR COMPRISING THE SERVICES WILL BE SAFE OR SECURE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, TIMELY, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, OR THE INTERCEPTION OR LOSS OF ANY DATA TRANSMITTED TO OR FROM THE SERVICES.

ADDITIONALLY, AND FOR THE AVOIDANCE OF DOUBT, ABOUTTIMETOURS IS NOT A REAL ESTATE AGENT OR LENDER, AND DOES NOT OTHERWISE ASSIST, NEGOTIATE, SUPPORT, NOR IS IT IN ANY WAY INVOLVED, IN REAL ESTATE TRANSACTIONS AS A REPRESENTATIVE OR AGENT OF ANY BUYERS, SELLERS, AGENTS OR LENDERS, NOR DOES IT REPRESENT OR ENDORSE ANY REAL ESTATE AGENTS OR LENDERS, AND AS SUCH YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ABOUTTIMETOURS BE RESPONSIBLE FOR ANY ACTS, OMISSIONS, OR FAILURES OF ANY DUTY OR OBLIGATION BY ANY BUYERS, SELLERS, AGENTS, OR LENDERS THAT ARE PARTY TO A REAL ESTATE TRANSACTION. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR FAILURE OF OR DAMAGE TO ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS OR INTERCEPTION OF DATA OR COMMUNICATIONS, THEFT, OR ERRORS.

10. Limitation of Liability.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPH OR ANY OTHER DISCLAIMERS OR LIMITATION OF LIABILITY IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, MULTIPLIED, EXEMPLARY, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS; LOSS OF USE; LOSS OF DATA; LOSS OF SECURITY OF YOUR INFORMATION; OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE, OR ANY OTHER MATTER RELATING TO, THE SERVICES, CONTENT, USER CONTENT, OR OTHER INFORMATION OR MATERIALS ON AND/OR COMPRISING THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ERROR, ISSUE, BREACH OF CONTRACT OR OTHER CLAIM IS TO STOP USING THE SERVICES.

IN ADDITION TO THE FOREGOING, THE SERVICES ARE NOT INTENDED TO BE USED WHILE OPERATING A MOTOR VEHICLE OR HEAVY EQUIPMENT, AND YOU ACKNOWLEDGE AND AGREE THAT ABOUTTIMETOURS WILL NOT BE LIABLE IN ANY MANNER FOR ANY COSTS, EXPENSES, HARM OR OTHER LIABILITIES THAT MAY ARISE FROM ANY SUCH USE.

The disclaimers and limitations of liability contained in these terms are a material part of our agreement to offer the Services. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain types of damages. Solely to the extent that such law applies to you, some of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including without limitation negligence), or otherwise shall be $100.00. Notwithstanding the foregoing sentence, if applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.

11. General Release.

No statements, whether oral or written, made by any director, officer, member, employee, or agent of company may be deemed as a representation or warranty on behalf of Company in contradiction to this section 12 or any other provisions of these terms. In agreeing to the limitation of liability contained in these terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of the limitations of liability to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to the limitations of liability. Without limiting the generality of the foregoing, you expressly waive California Civil Code § 1542 (and any similar laws in other jurisdictions), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

12. Trademarks & Copyright.

AboutTimeTours, and other trademarks, service marks, and logos appearing on the Services are registered or unregistered trademarks and service marks of AboutTimeTours. We exclusively owns all right, title, and interest in and to these trademarks, service marks, and logos. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights. All rights not expressly granted are reserved. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited. Without limiting the generality of the foregoing, you may not use our trademarks, service marks, or names in any meta-tags or other hidden text. Except for User Content, all Content, the selection, arrangement, and presentation of all Content (including information in the public domain), and the overall design, “look and feel,” color combinations, and other graphical elements of the Services, and all right, title, and interest therein (including without limitation all copyright, trademark, and other intellectual property and proprietary rights therein) are the exclusive property of AboutTimeTours or its licensors or suppliers.

13. Links.

The Services may contain links to other websites and online resources that we do not own, operate, or control. We are not responsible for and do not endorse such external sites or their content. If you click on the links, you will leave the Services and be subject to the terms of use and privacy policies of the linked sites. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. We make no guarantees and disclaims any representations or warranties, express, implied, or otherwise about the accuracy, relevance, timeliness, completeness, or appropriateness of these sites, the information contained in them and/or the products or services they provide. We shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with websites, products, or services accessed through links contained on the Services.

14. Audit Rights and Enforcement.

We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Services to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we, in our discretion, deem necessary or appropriate. We may cooperate with any legal process relating to your use of the Services and/or any third party claim that your use of the Services is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights. We may, in our discretion and without additional notice to you, start, stop, or modify any regulation or enforcement measures at any time.

15. Discontinuance and Modification; Termination.

Unless we provide the Services on a paid, subscription basis, either of us may terminate these Terms at any time, with or without notice. You may terminate your use of the Services by deleting the App and deactivating your account. We may discontinue the provision of the Services to you at any time, or suspend your access to the Services (or any part thereof) at any time for any reason and with or without notice to you. We have the right to remove any content from the Services or to modify the Services. We may, in addition to all other rights and remedies, terminate your access to and use of the Services if you breach any provision of these Terms or if you access or use the Services in a manner that is not expressly authorized by Company or that may harm Company. Regardless of the cause or basis for termination, you agree that we shall not be liable for any such termination, and you are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Services after such termination will constitute an act of trespass, among other potential claims.

16. Governing Law.

These Terms, and any dispute that may arise between you and Company regarding the Services or any Content any other matter in connection therewith, will be governed by the laws of the state of Oregon, without regard to conflict-of-laws principles that might result in the application of the laws of any other jurisdiction.

17. Arbitration.

You agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ABOUTTIMETOURS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, the agreement to arbitration will not be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms by sending a letter to the Attention: Legal Department - Arbitration Opt-Out at the address set forth below that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this arbitration section will be void and any action arising out of these Terms will be resolved by the courts. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Any arbitration will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Notice of Arbitration must describe the nature and basis of the claim or dispute, and set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, either party may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. Any arbitration hearing will take place at a location to be agreed upon in Deschutes County, Oregon, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

YOU AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

However, the arbitrator may consolidate more than one person’s claims with our consent.

You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against Company arising out of or relating to these Terms or your use of the Site and/or App within one (1) year after such claim or cause of action arose, or forever be barred. It is possible that applicable law may not allow for the limitation or waiver of a statute of limitations for certain matters. Solely to the extent that such law applies to you, the above limitation to when a claim or cause of action against Company arising out or related to these terms of use must be filed may not apply to you.

18. General Terms.

These Terms, together with the Privacy Statement and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between the parties regarding your use of the Service. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.

If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. If any provision of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of AboutTimeTours. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign its rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law.

19. California Consumer Rights Notice.

Under California Civil Code Section 1789.3, Service users who are California residents are entitled to the following consumer rights notice: The provider of the Services and associated services is AboutTimeTours, LLC, with its principal address at 1300 NW 7th Street, Redmond, Oregon 97756. As of the Effective Date of these Terms, no direct charges are imposed upon users of the Site and/or App for use of the Services. If you are a California resident, you may report complaints with the services provided through this Services to or request information regarding the services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.

20. App Store Terms and Conditions.

AboutTimeTours is solely responsible for the content, functionality, and maintenance of the App; the owner or operator of any app store (“Store Operator”) through which you acquire our App is not a party to these Terms. AboutTimeTours grants you a non-exclusive and non-transferable license to install a copy of the App on any device(s) that you own or control and that is authorized by the applicable app store, subject to the Store Operator’s terms of service. The Store Operator is not responsible for the maintenance and support of the App’s functionality and content. Please direct any questions you may have to AboutTimeTours. Other than claims for refunds, the Store Operator is not responsible for addressing any claims by you or a third party relating to AboutTimeTours or your possession or use of the App, including without limitation (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You represent and warrant that you will comply with any applicable third party terms and conditions when using the App, including the Store Operator’s terms. The Store Operator and its affiliates are third party beneficiaries of these Terms and upon your acceptance of these Terms, the Store Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

21. Modification of Terms.

We reserve the right to revise these Terms at any time. We will post any new or revised Terms to the same URL, and you should review these Terms regularly to make sure you are aware of any changes. You can determine if these Terms have been revised since the last time you accessed the Site and/or App by referring to the effective date at the top of these Terms. Your use of the Services following such revision to these Terms constitutes your acceptance of and agreement to these Terms, as revised, and the revisions will apply to your use of the Services on and after the date on which we post the revised Terms. We will keep prior versions of these Terms in an archive for your review upon your request.

22. Ability to Agree to Terms; Intended Users.

The Services are intended for use by adults only. Subject to our information practices related to Children’s Privacy as described in our Privacy Statement, by using the Services, you affirm that you (i) are sixteen (16) years old or older, or that you are between the ages of thirteen (13) and sixteen (16) and possess legal parental or guardian consent to use the Services and provide information through the Services (however, as described in our Privacy Statement, you should not provide Personal Information about yourself through the Services if you are under age 16, or under the age of majority in jurisdictions where such age under applicable data protection laws is greater than 16); (ii) are a resident of the United States; and (iii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. Our Services are directed to people who are at least sixteen (16) years old, and children under age 16 are prohibited from using the Services. We do not and will not knowingly (i) collect or permit submission of personally-identifiable information of anyone under age 16, or under the age of majority in jurisdictions where such age under applicable data protection laws is greater than 16, through the Services; (ii) contact individuals under age 16 for marketing purposes; or (iii) sell products or services to such individuals.

23. Jurisdiction.

The Services are controlled and operated from the United States. If you access the Services, you do so at your own risk, and you agree to comply with all applicable local, provincial, state, and federal laws, rules, and regulations in connection with your use of the Services. We may limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

24. Electronic Communications.

When you access the Services or send e-mails or other messages to us, you are communicating with us electronically. Subject to our information practices set forth in our Privacy Statement, you consent to receive responsive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings through the Services, in-App notifications or messages, by email, or by regular mail, in our discretion, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Services, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

25. Contact Us.

If you have any comments or questions about these Terms or the Services, please contact us at: