By using the MY TOURA website (the “Website”) and the services we provide through it (the “Services”), you are agreeing to be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, you should not use the Website or Services.

1. Use of the Website and Services:

You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website or Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate MY TOURA, a MY TOURA employee, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by MY TOURA, may harm MY TOURA or users of the Website or Services or expose them to liability.

2. Intellectual Property:

The Website and Services and all content and materials included on them, such as text, graphics, logos, images, and software, are the property of MY TOURA or its licensors and are protected by copyright and trademark laws. You may use the Website and Services and the content and materials on them only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website or Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

3. Third Party Sites:

The Website and Services may contain links to other websites and online resources that are not owned or controlled by MY TOURA. Such links do not constitute an endorsement by MY TOURA of those websites or resources or the content, products, or services available from them. MY TOURA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or resources.

4. Disclaimer of Warranties:

The Website and Services are provided “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MY TOURA makes no warranty that the Website or Services will meet your requirements or be available on

an uninterrupted, secure, or error-free basis. MY TOURA makes no warranty regarding the quality of any products, services, information, or other material purchased or obtained through the Website or Services, or the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the Website or Services.

5. Limitation of Liability:

In no event shall MY TOURA, its affiliates, officers, directors, employees, agents, partners, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Services; (ii) any conduct or content of any third party on the Website or Services; (iii) any content obtained from the Website or Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

6. Indemnification:

You agree to indemnify, defend, and hold harmless MY TOURA, its affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Website or Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, property right, or privacy right; or (iv) any claim that your content caused damage to a third party.

7. Governing Law:

These Terms and your use of the Website and Services shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law.

8. Dispute Resolution:

In the event of any dispute arising out of or in connection with these Terms or the Website or Services, the parties shall first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through good faith negotiations, the dispute shall be finally resolved by binding arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in the state of California.

9. Changes to these Terms:

MY TOURA reserves the right to make changes to these Terms at any time. The most current version of the Terms will always be available on our Website. By continuing to access or use the Website or Services after changes are made to these Terms, you are agreeing to be bound by the revised Terms.