Welcome to the website of Summer Winter Action Tours, LLC (herein referred to as “SWAT,” “our,” or “we.”) By using this website, you agree to these Terms of Service. Do not use SWAT’s website if you do not agree with these Terms of Service. Changes or updates may be made to these Terms of Service and your use under such revisions or updates constitutes acceptance.
Any content you have posted and/or uploaded to your social media accounts, the social media accounts of others, or on non-personally identifiable platforms, including but not limited to Instagram, Twitter, and/or Facebook, which include and/or are tagged with #swatup, #swatspringbreak, #summerwinteractiontours, or any other hashtag promoted by Summer Winter Action Tours is considered your “User-Generated Content.” By including hashtags promoted by SWAT, you hereby grant SWAT and its related companies, agents, licensees, sublicensees, contractors, legal representatives, and third-party service providers the irrevocable right to use your User-Generated Content. In addition, SWAT and its affiliated brands may reproduce, edit, reformat, publish, broadcast, distribute, and otherwise utilize your User-Generated Content in connection with advertising, promotional, and/or marketing activities. This agreement shall be deemed non-confidential and non-proprietary.
SHARING OF INFORMATION
Because our travel services are offered in conjunction with the services of other companies including, but not limited to, airlines, hotels, railway transportation service providers, bus transportation providers, rental agencies, and other tour operators, SWAT may share your personal information with those companies whenever necessary and/or required. SWAT may share any information you submit on this website with its partners, suppliers, vendors, and/or sponsors including, but not limited to, your name, address, phone numbers, email address, birth date, gender, the school you attend and/or are employed by, your IP address, your digitally acquired geographical location, device used to access this website, usage time on this website, click-through information, and other information which summarizes your usage and activity on this website.
LINKS & THIRD PARTY WEBSITES
This website may contain links to other websites or resources over which SWAT has no control. SWAT does not endorse, nor are we responsible for, the content, accuracy, advertising, goods or services offered or made available to you, or any other aspect of such linked websites. If you choose to visit or use such linked websites, we are not liable for any known and/or unknown damages, alleged or incurred, with respect to the content, accuracy, advertising, goods or services offered or made available to you, warranties, and/or claims made, or any other aspect of such linked websites.
The contents and materials available on SWAT’s website are protected by copyrights, trademarks, service marks, trade secrets and other proprietary rights and laws. You may not copy, sell, license, or otherwise distribute, disseminate, and/or publish the content and/or materials of this website, nor may you create any derivative works from it. SWAT does allow you, however, to print printable forms and to print one copy of the materials or content for your own personal, noncommercial use, subject to this proprietary notice.
DISCLAIMER OF WARRANTIES
All content and materials, including the services made available through this website, are provided as is. SWAT provides no warranties for any goods and/or services offered and/or made available to you through this website. Thus, there are no express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement. All content and materials, including the goods and/or services made available to you through this website, are also provided as available. Thus, SWAT does not warrant that the content and materials will be available at any particular time or location without interruption, nor does SWAT warrant that this website is free of viruses, defects, or errors. Your use of this website is solely at your own risk. If a jurisdiction does not permit such an exclusion or such a limitation on warranty, SWAT’s exclusion or limitation on warranty will be to the extent permitted by law.
LIMITATION OF LIABILITY
SWAT may not be held liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or related to this website, even if SWAT has been advised of the possibility of such damages. This limitation applies irrespective of the basis of liability. If a jurisdiction does not permit such an exclusion or such a limitation on liability, SWAT’s exclusion or limitation on liability will be to the extent permitted by law.
If SWAT so requests, you will defend, indemnify, and hold SWAT, its employees, officers, and agents harmless from all claims, liabilities, and expenses (including attorney’s fees) arising from or relating to your use of SWAT’s website. SWAT is entitled to control defense of such claim or action, and you agree to cooperate with SWAT in such defense.
CHOICE OF LAW & VENUE
These Terms of Service are governed by California law, excluding its conflicts of law rules. Further, any claim or action arising out of or relating to these Terms of Service or your use of this website may be filed only in the state of federal courts located in the County of Orange, California, and you agree to be subject to the personal jurisdiction of such courts.
ENTIRE AGREEMENT & SEVERABILITY
These Terms of Service constitute the entire agreement between you and SWAT with respect to this website. If any portion is held invalid or unenforceable, the remaining portions will remain in full force and effect and if possible the portion found unenforceable will be constructed in a manner consistent with the remaining portions.