Accepting these Terms

BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ACCESSING OR USING OUR SERVICES ON BEHALF OF ANOTHER PERSON (SUCH AS USING THE SERVICES TO BOOK A TOUR FOR MULTIPLE PEOPLE OR GROUPS), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON OR GROUP'S BEHALF.  IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW.  IF YOU DO NOT AGREE TO THESE TERMS, IN PARTICULAR THE TERMS RELATED TO MEDICAL INFORMATION OR ARBITRATION, DO NOT ACCESS OR USE THE SERVICES.

Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, providing you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Services after we have posted the changed Terms, then you have accepted the changes to these Terms.

Terms of Sale

All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs, changes in tax rates, and the euro exchange rate fluctuation. 

You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Madridean Tours LLC reserves the right to collect such taxes or other fees from you at any time.

Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us, or our third-party payment processor, to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.

Privacy Policy

By using the Services, you represent and warrant that you (a) are not identified on the Office of Foreign Assets Control's Specially Designated Nationals List ("SDN List"), (b) are not placed on the U.S. Department of Commerce's Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, and (d) have not previously had your rights to access or use the Services suspended or terminated.

To access and use certain features of the Services, and in consideration of your use of the Services, you agree: (i) to provide accurate, current and complete information about yourself as may be requested by any signup forms or during account registration (collectively, "Signup Data"); (ii) to maintain and promptly update your Signup Data as necessary to keep it accurate, current and complete; (iii) if you register for an online account, to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Madridean Tours, LLC; and (iv) promptly notify Madridean Tours, LLC if you discover or otherwise suspect any security breaches related to the Services.

You are responsible for the security of your accounts and any activities performed under your accounts, whether or not such actions were authorized by you. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS AND USE YOUR ACCOUNT, AND MAY BE ABLE TO ACCESS YOUR SIGNUP DATA AND OTHER PERSONAL INFORMATION ASSOCIATED WITH YOUR ACCOUNTS. AS A RESULT, YOU WILL NOT: (I) SHARE YOUR ACCOUNT PASSWORDS WITH ANY OTHER PERSON; OR (II) PROVIDE ACCESS TO YOUR ACCOUNTS OR THE SERVICE TO ANY OTHER PERSON.

YOU ACKNOWLEDGE AND AGREE THAT USING THE SAME PASSWORD FOR YOUR RICK STEVES ACCOUNT AS YOU USE FOR ANY THIRD-PARTY ACCOUNT CONSTITUTES A SECURITY RISK. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNTS. RICK STEVES IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNTS OR OTHER LOSS OR DISSEMINATION OF YOUR SIGNUP DATA.

If you suspect any security breaches related to your user account, please notify us by contacting info@madridian.com

Right to Use the Services

On the condition that you fully comply with these Terms, Madridean Tours LLC, grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services or any contents of the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Services; or (f) attempt to gain unauthorized access to the Services or its related services, components, systems or networks.

Third Party Materials

We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). We do not control or endorse any Third-Party Materials nor are we responsible for reviewing the accuracy of any Third-Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third-Party Materials, are solely between you and the applicable third party. Third Party Materials include the content provided in our Guide Marketplace. Madridean Tours LLCs' guides are independent contractors and not employees of Madridean Tours LLCs’ Europe, Inc. Third Party Materials may also include, but not be limited to,links to third party websites or services that we recommend for purchasing Madridean Tours LLC products and services. When you leave the Services, you should be aware that these Terms and all other Madridean Tours LLC policies no longer govern your use of other websites and services.

User Content

The Services may include interactive features, forums and areas that allow users to create, post, transmit or store content, you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.

Without limiting the foregoing, by using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

• User Content that is untruthful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including but not limited to any copyright law;

• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

• User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

• Unsolicited promotions, political campaigning, advertising or solicitations;

• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

• Viruses, corrupted data or other harmful, disruptive or destructive files; or

• User Content that, in the sole judgment of Madridean Tours LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Madridean Tours LLC or our users to any harm or liability of any type.

You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:

• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;

• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;

• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);

• Use or attempt to use another user's personal information without permission;

• Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;

• Engage in any harassing, intimidating, predatory or stalking conduct;

• Develop any third-party applications that interact with User Content and the Services without our prior written consent; or

• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

Madridean Tours LLC is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is Rick Steves responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in Madridean Tours LLCs' discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of Madridean Tours LLCs' right to enforce these Terms in other instances. At the same time, Madridean Tours LLC encourages you to report User Content that violates these Terms by contacting us at info@madridean.com. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, Madridean Tours LLC is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although Madridean Tours LLC has no obligation to screen, edit or monitor any User Content, Madridean Tours LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.

Rights in User Content

You retain all ownership rights in the User Content you submit to Madridean Tours LLC. By submitting or posting User Content on the Services, you grant Madridean Tours LLC a non-exclusive, royalty-free, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with the Services.

By submitting or posting User Content through the Services, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.

Medical Information

FOR YOUR SAFETY AND TO ENABLE YOUR TOUR GUIDES TO APPROPRIATELY PLAN, CERTAIN PORTIONS OF THE SERVICES MAY PERMIT YOU TO POST PERSONAL MEDICAL INFORMATION INCLUDING MEDICAL HISTORY, MEDICATIONS, MEDICAL CONDITIONS, INSURANCE INFORMATION, EMERGENCY CONTACTS AND OTHER PERSONAL INFORMATION ("MEDICAL INFORMATION"). YOU ARE NOT REQUIRED TO PROVIDE YOUR MEDICAL INFORMATION, BUT IF YOU DO, PLEASE BE AWARE THAT ANYONE ON YOUR SAME TOUR RESERVATION CAN VIEW YOUR MEDICAL INFORMATION. A "TOUR RESERVATION" IS THE BOOKING MADE WITH US WHEN YOU PURCHASE A TOUR VIA PHONE, IN PERSON OR ONLINE AND INCLUDES ALL THE INDIVIDUALS, BE THEY FAMILY OR OTHERWISE, YOU RESERVED A SEAT FOR ON OUR TOUR. YOU SHOULD NOT PROVIDE YOUR MEDICAL INFORMATION IF YOU DO NOT WANT OTHERS ON THE SAME TOUR RESERVATION TO SEE IT.

If you would like to submit Medical Information privately to a Madridean Tours LLC employee, such as a tour guide for your upcoming tour, please contact info@madridean.com for further instruction.

Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Madridean Tours LLC has adopted a policy of terminating, in appropriate circumstances and in Madridean Tours LLCs' sole discretion, subscribers or account holders who are deemed to be repeat infringers. Madridean Tours LLC may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Feedback

Any suggestions, comments or other feedback you give us about the Services or any Madridean Tours LLC products and services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Indemnification

You agree to defend, indemnify and hold harmless Madridean Tours LLC, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the "Madridean Tours LLC"), from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of your use of the Services, including without limitation any actual or threatened suit, demand or claim arising out your violation of these Terms or your violation of the rights of any third party.

Disclaimers

THE SERVICES AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL RICK STEVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF RICK STEVES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF RICK STEVES' ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES MAY NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO RICK STEVES FOR ACCESS TO OR USE OF THE SERVICES.

Release

To the fullest extent permitted by applicable law, you release the Madridean Tours LLC from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the Services or violation (or alleged violation) of these Terms.

Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Changes to the Services

Madridean Tours LLC reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services and/or any features, information, materials or content on the Services with or without providing notice to you. Madridean Tours LLC will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Madridean Tours LLC and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Madridean Tours LLC seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Madridean Tours LLC seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Madridean Tours LLC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Harris County, TX. 

You and Madridean Tours LLC agree that any dispute arising out of or related to these Terms or our Services is personal to you and Madridean Tours LLC and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Madridean Tours LLC agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Madridean Tours LLC agree that for any arbitration you initiate, you will pay the filing fee and Madridean Tours LLC will pay the remaining JAMS fees and costs. For any arbitration initiated by Madridean Tours LLC, Madridean Tours LLC will pay all JAMS fees and costs.  You and Madridean Tours LLC agree that the state or federal courts of the State of Texas and the United States sitting in Harris County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND MADRIDEAN TOUR LLC WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM. 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this paragraph by emailing us at info@madridean.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law section of these Terms.

Governing Law

These Terms will be governed by and construed and enforced in accordance with the laws of the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Harris County, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

General

Enforcement of these Terms is solely at Madridean Tours, LLCs' discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

 

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