TERMS OF USE

Welcome to the website of BQE Tours, LLC. The following Terms of Use and Conditions (“Terms”) on this website (“Site”) form a contract between you and BQE Tours, LLC (“BQE Tours”, “we,” or “us”) and operate to govern your use of the Site. Please read these Terms in full before using our Site; by accessing or using this Site, you signify that you have read these Terms and agree to be bound by all of these Terms and our Privacy Policy, whether or not you choose to participate in BQE Tours’ services or other activities involving BQE Tours. If you object to any provision of these Terms, please do not use our Site. BQE Tours holds all rights to the content on this Site.

Privacy
Your privacy is very important to us and we designed our Privacy Policy to make important disclosures about how you can use this Site and how we collect and can use your personal information. Our Privacy Policy should be read in conjunction with these Terms before using this Site.

Communications from BQE Tours
By providing us with your e-mail address, you acknowledge and agree to BQE Tours’ treatment of your information as described in our Privacy Policy and consent to being placed on BQE Tours’ mailing lists and thereby receiving e-mail correspondence, including periodic newsletters, from BQE Tours. You may remove your e-mail address from our mailing list at any time by clicking the “unsubscribe” link located at the bottom of e-mails from BQE Tours. Although BQE Tours will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that are initiated before your e-mail address is removed from the list. Please note that if you wish to re-subscribe in the future, you can simply return to the subscription page and type in your e-mail address.

Third Party Links
The Site may provide links to third party websites that are not owned or controlled by BQE Tours.  BQE Tours has no control over and assumes no responsibility for such websites (including any content, terms of use, or privacy policy therein). You agree that BQE Tours is not responsible for the availability of such external websites, and does not endorse, and is not liable for any content, advertising, products or other materials on such websites. You follow these links and use such third party websites at your own risk. Any links furnished through our Site are provided to you for your convenience and any inclusion of a third party link herein shall in no way be construed as an endorsement by us of the third party, its website(s), or its content. If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site or portions of our Site, and subject to the following conditions:

  • You do not in any way imply, without BQE Tours’ express prior written approval, that we are endorsing any services or products;
  • You do not misrepresent your relationship with us or present any false information about us;
  • You do not link from a Site that is not owned by you; and
  • The linking does not contain content that may, as determined in our sole discretion, be offensive or controversial, infringe any rights of any other person or violate any applicable local, state, national, or international law.
  • You promptly remove any link to our site upon receiving a written request to do so from BQE Tours.

User Conduct
You agree that when using the Site you will not engage in any action that is considered, in the sole discretion of BQE Tours, to be illegal, prohibited, or objectionable, including, without limitation, the following:

  • Reproducing, modifying, transmitting, displaying, publishing, selling, creating derivative works based on, or distributing by any means, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain;
  • Violating, whether intentionally or unintentionally, any applicable local, state, national, or international law through your use of the Site;
  • Attempting to obtain unauthorized access to or tampering with restricted areas of the Site;
  • Disrupting or interfering with the security or proper working of, or otherwise abusing (including vulnerability scans), this Site, or any services, system resources, accounts, servers, or networks connected, or accessible through this Site or affiliated or linked sites;
  • Disrupting or interfering with any other user’s enjoyment of the Site or affiliated or linked sites;
  • Attempting to harvest, mine, or otherwise collect or store personal information about others, including, without limitation, e-mail addresses;
  • Allowing any person or entity to use your identification without BQE Tours’ authorization; or
  • Accessing the Site with another user’s account, service, or system without authorization from BQE Tours, impersonating another person, falsely stating or otherwise misrepresenting an affiliation with any person or entity, or creating or using a false identity on the Site.
  • Performing any act which is in violation of or contradicts the terms of the Privacy Policy, including but not limited to, the applicability of the Privacy Policy to third parties and/or other users of this Site.

Indemnification
To the fullest extent permitted by law, and in connection with your use of this Site, you agree to defend, indemnify, and hold harmless BQE Tours and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of BQE Tours and its successors and affiliates (collectively, “Claims”) that may arise in connection with (1) your use of the Site, (2) your non-compliance with these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third party website linked to the Site, (5) your violation of these Terms, (6) your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right, or (7) the infringement by you of any right of any person or entity. This indemnification provision shall apply to third party claims as well as claims between the parties to these Terms. BQE Tours reserves the right to participate, at its own expense, in the investigation, settlement and defense of any such Claims.

Property Rights
The content of the Site, including any material, data, communications, text, images, video, sound, and interactive features (collectively, the “Content”) you may view on this Site or access through this Site, including trademarks, service marks, and logos, are the property of BQE Tours or third party licensees and are protected by copyright and other intellectual property rights under both United States and foreign laws. You may not modify or transfer the Content, or otherwise make use of the Content for any purpose, without BQE Tours’ and/or the other respective owner’s prior written permission, except as expressly permitted on the Site. You are permitted to access and use the Content though the provided functionality of the Site for personal non-commercial uses only, provided that: (a) any such uses are not competitive with or derogatory to the Site, and (b) you keep all copyright or other proprietary notices intact without alteration. Please note that this limited consent may be revoked at any time and does not include consent to republish Site Content elsewhere. The trademarks, service marks, and logos contained on the Site may not be used in any manner that is likely to discredit BQE Tours or cause confusion among users. Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark, such omission does not constitute a waiver of any intellectual property rights that BQE Tours has established in any of its products, features, service names, or logos.

Site Time, Upkeep
BQE Tours is not obligated to continue to support or update the Site. As such, BQE Tours may terminate, change, or suspend any aspect of the Site, temporarily or permanently, without notice to you. The Content of the Site is subject to change at any time without notice, including correction of any errors or omissions in any portion of the Site. BQE Tours may impose limits on certain features or services or restrict your access to part or all of this Site.  While we will take all reasonable steps to ensure that our Site is available 24 hours a day, 365 days per year, websites do sometimes encounter downtime due to server and other technical issues. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obligated to do so. You acknowledge and agree that BQE Tours and its successors and affiliates shall not be liable to you or to any third party in the event that BQE Tours exercises any of these rights.

We take every reasonable effort to ensure that all content provided on the Site contains no computer viruses or harmful materials. At the same time, you should take appropriate precautions to protect your computer, including, without limitation, from viruses and spyware. BQE Tours will take no responsibility for any content on the Site or any adverse consequences caused by use of or access to the Site, and BQE Tours disclaims any liability for the need for services or the replacement of equipment or data resulting from your use of the Site. You should ensure that you have a complete and current backup of all applicable items on your computer. While every reasonable effort is made to ensure smooth and continuous operation, we do not warrant that the Site will operate error-free.

Entire Agreement
These Terms and Privacy Policy form the entire agreement between you and BQE Tours regarding use of the Site and supersede and replace any prior understandings, whether oral or written, between you and BQE Tours. Please review BQE Tours’ Privacy Policy to understand BQE Tours’ policies and practices.

Assignment and Severability
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by You. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms shall remain in full force and effect.

Applicable Law
We make no representations that the content or the Site is appropriate or that it may be used or downloaded outside of the United States. Access to the Site and/or content may not be legal in certain countries outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

The Site, its content and these Terms shall be construed and interpreted under the laws of the State of New York (the location of our legal representation) without regard to its conflict of law provisions. You and BQE Tours agree to submit to the personal and exclusive jurisdiction of the state and federal courts located therein, including, without limitation, for any claim involving BQE Tours or its affiliates.

General
The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms and have no legal or contractual effect. The failure of BQE Tours to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Disclaimers
THIS SITE AND ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT USE OF THIS SITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BQE TOURS, ITS SUCCESSORS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OBTAINED FROM BQE TOURS OR THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON THIS SITE SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF BQE TOURS AND ITS AFFILIATES REGARDING THE FUNCTIONING AND USE OF THIS SITE.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BQE TOURS OR ITS SUCCESSORS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF THIS SITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES, OR YOUR USE OF OR INABILITY TO USE THIS SITE. FURTHERMORE, BQE TOURS AND ITS SUCCESSORS AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES LINKED TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF BQE TOURS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Date last revised: January 2, 2015

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