USE AGREEMENT

Welcome to hemingwayinkeywesttours.com

 (the “Site”). Please read the following Use Agreement (this “Agreement”) carefully before using the Site. The following 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 food tasting and cultural walking 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 Hemingway in Key West Tours (the “Company”) as described more fully below. If you do not agree to this Agreement, please do not use the Site or purchase tickets for our tours. Please print a copy of this Agreement for your records.

1. Property. All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example and without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by the Company, and/or the Company’s affiliated entities, licensors and/or suppliers. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a website and wish to link to the Site, you may do so upon written notice to the Company, provided you agree to immediately cease such link upon request from the Site. No other use is permitted without prior written permission of the Site. 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 the Content, or (iv) scrape or otherwise copy our 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 listed below under the heading “Contact Us.”

2. Complaints. The Site respects 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 listed below under the heading “Contact Us.”

3. User 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, 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 in this paragraph are without the need for additional 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, you acknowledge and agree that: (i) the Company solely owns all Content and User-Provided Content and retains the unfettered right to modify any portion of the Site; and (ii) the Company will, in its sole discretion, be constantly making changes to the Site by modifying, adding or eliminating features, functions and abilities.

4. Transactions on our site. During your visit to the Site you may elect a transaction involving the purchase of a product or a service. Credit card transactions/ order fulfillment will be handled by a third party processing agent. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

On occasion, a product or service may not be available at the time or the 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 effort, error in the date or length of publication, 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.

5. Third Party Communication Through The Site. Your dealings or communications through the Site with any party other than the Company and the Site are solely between you and that third party.  Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly 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. 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.

6. Chat and Message Boards. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (the “Chat Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Chat Content originated. The Company or the Site, are not responsible for all Chat Content that you upload, post, email, transmit or otherwise make available via the Site and its chat rooms, message boards and the like. The Company and the Site do not control the Chat Content posted on the Site and, as such, do not guarantee the accuracy, integrity or quality of such Chat Content. You may be exposed to Chat Content that is offensive, indecent or objectionable. Under no circumstances will the Company or the Site be liable in any way for any Chat Content, including, but not limited to, any errors or omissions in any Chat Content, or any loss or damage of any kind incurred as a result of the use of any Chat Content. You acknowledge that the Company and/or the Site may or may not pre-screen Chat Content, but that Company and the Site shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Chat Content that is available via the Site. Without limiting the foregoing, the Company and the Site shall have the right to remove any Chat Content that violates this Agreement or is otherwise objectionable. You acknowledge, consent and agree that the Company and the Site may access, preserve and disclose your account information and Chat 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 Chat 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, Site users and the public.

7. Checking in:  confirmation of the participant’s first and last name will be given to the tour guide.

8. Arriving late: Please note that tour guides are not able to wait for guests arriving late. Please make sure to make the necessary arrangements to arrive at least 15 minutes prior to the tour. We are on a schedule with all the venues we visit. Also note that we are not able to take your phone calls if you are running late as are not able to interrupt the tour guide once the tour started.

9. Weather Conditions: We conduct tours rain or shine. If you have purchased a ticket and decided you do not want to continue with the tour, you will not be reimbursed for the ticket price. You are responsible for yourself and your own safety.

10. Dietary restrictions. In some cases we are able to accommodate food allergies or restrictions. Please note: you are responsible for notifying Hemingway in Key West Tours at the time of purchase or in advance if you have any dietary restrictions. If a substitution is not available for that particular tasting item, you agree that you acknowledge and understand and that it is your personal consent to consume those items or not. Please refer to WAIVER AND RELEASE OF CLAIMS that you must accept during the ticket purchasing process.

11. Disclaimer: 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 the Content and assume no liability or responsibility for any error or omission in the Content. The Company and the Site do not represent or warrant that use of any Content will not inadvertently infringe 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, THE 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 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.

12. 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 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 CULTURAL WALKING TOURS OFFERED THROUGH THE SITE; AND (5) ANY VIOLATION OF THIS AGREEMENT BY YOU.

13. Waiver and Release: Purchasing tickets for and/or participating in the walking tours offered by the Company, and in consideration of being allowed to purchase said tickets and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you understand, acknowledge and agree as follows, with the knowledge that the Company will rely on same:

A. You desire to participate in the walking tours offered by the Company (the “Tours”);

B. You are in good health and suffer from no minor or serious physical or mental injury, illness or disability that would make you especially susceptible to injury or disability while performing any activity contemplated by this Agreement (including, without limitation, this Section 9);

C. You fully comprehend and accept all of the risks associated with your participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death;

D. You grant to Company, authority to use your name, likeness, photograph and/or picture for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to you;

E. YOUR PARTICIPATION IN THE TOURS IS AT YOUR OWN SOLE RISK. YOU, ON BEHALF OF YOURSELF AND/OR ANY PERSON OR ENTITY CLAIMING THROUGH OR ON YOUR BEHALF, HEREBY FOREVER AND UNCONDITIONALLY RELEASE AND DISCHARGE THE COMPANY, FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM, YOUR PARTICIPATION IN THE TOURS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO YOU, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. YOU, ON BEHALF OF YOURSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON YOUR BEHALF, FURTHER AGREE TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, YOUR PARTICIPATION IN THE TOURS; and

14. 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 contents are illegal is prohibited. You may not use the Site or export the Content or Chat Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

15. Miscellaneous: The Company and the Site reserve the right to change this Agreement at any time in its sole discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes.
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 Florida as applied to agreements entered into and to be 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 Company or the Site (including, without limitation, related to your participation in any Tours) must be filed in a federal or state court located in Florida 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. 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 by Hemingway Tours in Key West Tours.

Privacy Policy

• Hemingway in Key West Tours (the “Company”) strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use your name, e-mail address, street address, telephone number (“Personally Identifiable Information”) subject to the terms of this Privacy Policy. Please note that this Privacy Policy applies only to information collected through the Site. We do not collect personally identifiable information through the Site unless that information is provided by you during registration on the Site. Information required to participate in such features may vary but will typically include your first and last name; address including city, state, zip code and country; daytime and evening phone numbers; and e-mail address; and, in the case of making purchases, a credit card number and expiration date. You may also be requested to provide a username and password for certain features.

  Like most websites, the Site also collects information automatically and through the use of electronic tools that may be transparent to our visitors. The cookie may store your user name and password, sparing you from having to re-enter that information each time you visit. You may refuse to accept cookies, but doing so may limit your ability to access certain portions of the Site or may require you to re-enter your user name and password.

  We may disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we may not provide you with notice prior to disclosure in such cases. Although we take various measures to safeguard against unauthorized disclosures of information, we cannot assure you that the personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy. Inadvertent disclosures may result, for example, when third parties misrepresent their identities and request access to personally identifiable information.

  Employees and hired professionals violating these privacy policies will be subject to disciplinary action.

  No data transmission over the Internet can be guaranteed to be 100% secure. Although we strive to protect your personal information, we cannot warrant the security of any information you transmit to us. Such activities are beyond the control of the Site and this Privacy Policy.

  Affiliated sites, the Site expects its partners, advertisers and third-party affiliates to respect the privacy of our users. However, third parties, may have their own privacy and data collection policies and practices. Children. The Site does not knowingly collect or solicit personally identifiable information from or about children under the age of 13, except as permitted by law. If we discover we have received any information from a child under the age of 13 in violation of this Privacy Policy, we will delete that information immediately.

  Contacting us. We can be reached by contacting: Hemingway in Key West Tour at

  bignametours@gmail.com

  Changes to this policy. This Privacy Policy may be changed at any time. Please check this page periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

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