Last Updated July 1, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
MENDO INSIDER TOURS, TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES PROVIDES YOU ACCESS AND USE OF THIS WEBSITE OR ONLINE SERVICES (collectively, the “Site”) SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS (the “Site Terms”). BY ACCESSING, BROWSING, AND USING THE SITE, YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THE SITE. THE LINKS BELOW PROVIDE DETAILED INFORMATION ABOUT OUR TERMS AND CONDITIONS OF USE:
- Related Policies and Terms
- Modification of Site Terms
- United States Usage
- License and Site Access
- Changes, Misprints, Errors, and Cancellations
- Passwords and Security
- Intellectual Property
- Restrictions on Use
- Links to the Site
- Third-Party Links
- Your Information
- Additional Submissions
- Restrictions for Submissions
- Policies and Enforcement
- Responsibility for your Conduct
- Financial Material Disclosure
- Forward-Looking Statements
- Third-Party Financial Information
- Limitation of Liability
- Applicable Law, Venue, and Limitation of Actions
- Consent to Electronic Communications
- Legal Equivalency
- Contact Us
1. Related Policies and Terms
The Site Terms apply exclusively to your access to, and use of, the Site and don’t alter in any way the terms or conditions of any other agreement you may have with Mendo Insider Tours for services, products, or otherwise.
2. Modification of Site Terms
Mendo Insider Tours reserves the right to modify these Site Terms at our sole discretion from time to time, and only Mendo Insider Tours has the right to do so. If the Site Terms are changed, we’ll post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.
3. United States Usage
The Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Site. 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 your jurisdiction.
You may not use the Site or Mendo Insider Tours’ services if you’re the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you’re accessing the Site or using Mendo Insider Tours’ services. You’re responsible for compliance with all U.S. or other export and reexport restrictions that may apply to services, goods, and technology.
4. License and Site Access
Mendo Insider Tours grants you a limited license to make personal use only of the Site. Such grant doesn’t include, without limitation: (a) any resale or commercial use of the Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly, or conversion into human readable form any of the Site materials not intended to be so read including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a Web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, or transmitting any Site Materials (including any Mendo Insider Tours trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you’re not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Mendo Insider Tours or any third party. You may not use any meta tags or any other “hidden text” utilizing Mendo Insider Tours’s name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Site including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms, and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
5. Changes, Misprints, Errors, and Cancellations
Subject to applicable law, we: (a) reserve the right to change the services and goods advertised or offered for sale through the Site, the prices or specifications of such services and goods, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation service or product descriptions or photographs) are accurate, complete, reliable, current, or error-free; and (e) reserve the right to cancel, to terminate, or not to process orders (including accepted orders) where the price or other material information on the Site is inaccurate or when we recognize abuse of our policies. If we don’t process an order for such reason, we’ll advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties so some of the provisions of this section may not apply to you.
If we’re legally required to collect sales tax on services or merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions, an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
6. Passwords and Security
If you use a password to access the Site or any portion of it, then you’re responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Site, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you’ll notify Mendo Insider Tours immediately. Mendo Insider Tours reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account including, without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account.
While Mendo Insider Tours takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when Mendo Insider Tours communicates with you via unencrypted email from time to time, the communication isn’t secure, isn’t stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner.
Mendo Insider Tours may rely on the authority of anyone accessing your account or using your password and in no event will Mendo Insider Tours be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Mendo Insider Tours under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.
7. Intellectual Property
All Site Materials are owned by us and others and are protected by United States and international copyright, trademark, and other laws.
Mendo Insider Tours (and other trademarks owned by Mendo Insider Tours) and their respective designs and/or logos are either trademarks or registered trademarks of Mendo Insider Tours and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mendo Insider Tours. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Mendo Insider Tours and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mendo Insider Tours. All other trademarks, registered trademarks, service or product names, and company names or logos mentioned herein are the property of their respective owners.
Restrictions on Use
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Mendo Insider Tours or the respective intellectual property owner.
You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and noncommercial, personal use only. Any other use of the materials in the Site (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Mendo Insider Tours, is strictly prohibited.
To notify us of a suspected copyright infringement, write to us at [email protected] or at our physical address:
Mendo Insider Tours
100 Jewett Street
Fort Bragg, CA 95437
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements).
- The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A description or identification of the copyrighted work you claim has been infringed.
- A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
- Your address, telephone number, and e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others’ copyrights may result in a loss of privileges.
Any software including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Site is licensed to you by Mendo Insider Tours on a nonexclusive and limited basis. Mendo Insider Tours shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any Software.
Links to the Site
You’re granted a limited, nonexclusive right to create a hypertext link to the home page only of the Site, provided such link doesn’t portray Mendo Insider Tours or any of its services and products in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.
You may not use, frame, or use framing techniques to enclose any Mendo Insider Tours trademark, logo, or other proprietary information including the images found at the Site, the content of any text or the layout or design of any page or form contained on a page without Mendo Insider Tours’ express written consent.
All other linking is prohibited without prior consent from Mendo Insider Tours. Except as noted above, you’re not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Mendo Insider Tours or any third party.
Mendo Insider Tours makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Site or websites linking to the Site.
If you register on the Site, you agree that any information you provide to us will be current, accurate, and complete, and you’ll promptly update this information if it changes.
You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, worldwide, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media, or technology now known or later developed without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights or agree, represent, and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution, and integrity) are irrevocably waived in favor of us and our assigns. The foregoing license doesn’t apply to the Photo Content defined and described in Section 4 below.
Restrictions for Submissions
By using the Site, you agree not to do any of the following:
- Upload to, distribute, create through, or otherwise publish through the Site any Submission (“Content”) that’s unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage 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 without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Upload to, distribute, or otherwise publish through the Site any Content such as charity requests, petitions for signatures, chain letters, or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions;
- Upload any Content that contains any private or personal information of a third party without such third party’s consent; and
- Disseminate any harmful content of any kind including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information.
Policies and Enforcement
All access to and use of the Site are governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with interactive areas on the Site.
We may access at any time and use internally for any lawful purpose information stored on our systems including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation.
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Mendo Insider Tours has the right, but not the obligation, to take any action we deem appropriate including but not limited to action to issue a warning, suspend, or terminate your access and use of the Site and related services at any time, and block, remove, or edit any communication and materials that Mendo Insider Tours believes in its sole discretion may violate applicable law, the Site Terms, or a third party’s rights.
Mendo Insider Tours takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
Responsibility for Your Conduct
You represent and warrant that you have and will retain all rights necessary to grant the licenses to Mendo Insider Tours under these Terms. You remain solely liable for the Content or other information you upload or transmit to the interactive areas of the Site.
You agree to indemnify and hold harmless Mendo Insider Tours and its parents, employees, agents, and representatives from any third-party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your Submissions (including Content), your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Site on your behalf or arising out of your violation of these Site Terms.
11. Financial Material Disclosure
The Site, and any documents issued by us and available through the Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995.
Forward-looking statements include all passages containing verbs such as “aims,” “anticipates,” “believes,” “expects,” “intends,” “plans,” “predicts,” “projects,” or “targets” or nouns corresponding to such verbs. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future.
These forward-looking statements are based on the opinions and estimates of management at the time the statements are made and are subject to certain risks and uncertainties that could cause the actual results to be materially different from those anticipated in or implied by the forward-looking statements. Forward-looking or other statements speak only as to the date they were released. Mendo Insider Tours undertakes no obligation to update forward-looking or other statements to reflect events or circumstances that occur after the date the statements were made.
Third-Party Financial Information
We provide links and access to third-party websites or services that contain information that’s provided as a service to those interested in the information. Mendo Insider Tours neither regularly monitors nor assumes responsibility for the content of third parties’ statements or websites. Accordingly, Mendo Insider Tours doesn’t endorse or adopt these websites or any information contained therein. Mendo Insider Tours makes no representations or warranties whatsoever regarding their accuracy or completeness.
You must be at least 13 years of age to access or use the Site. This website is designed for and intended for use by adults. If you’re under 18, you may use the Site only with involvement of a parent or guardian. If you’re a parent or legal guardian, you must monitor and supervise the use of this site by children, minors, and others under your care. You agree to be responsible for their use of the Site.
THE SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MENDO INSIDER TOURS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES, AND PRODUCTS ON THE SITE. MENDO INSIDER TOURS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MENDO INSIDER TOURS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. MENDO INSIDER TOURS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITE INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference to any pservices, products, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise doesn’t constitute or imply endorsement, sponsorship, or recommendation thereof by Mendo Insider Tours.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MENDO INSIDER TOURS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO MENDO INSIDER TOURS’ OPERATION OF, OR YOUR USE OF, THE SITE, EVEN IF MENDO INSIDER TOURS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MENDO INSIDER TOURS [WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY] ARISING OUT OF OR RELATING TO MENDO INSIDER TOURS’ OPERATION OF THE SITE EXCEED $100.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD OF MENDO INSIDER TOURS IN CONNECTION WITH OPERATING THE SITE.
15. Applicable Law, Venue, and Limitation of Actions
These Site Terms shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within California, without resort to its conflict of law provisions. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to the Site Terms shall be filed and adjudicated only in the federal or state courts located in Fort Bragg, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceeding arising out of the Site Terms.
Notwithstanding any of the Site Terms, Mendo Insider Tours reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site if you violate any of these Site Terms or Mendo Insider Tours’ policies. Upon termination, these Site Terms shall still apply.
17. Consent to Electronic Communications
When you visit the Site, chat with us, or send email us, you’re communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email, chat, or by posting a notice on the Site.
You agree that we may treat specific actions by you such as checking boxes to receive email updates, sending us an email directly or through the MendoInsiderTours.com site, providing an email address in a chat conversation, or leaving a telephone message with an email address for customer service to respond to a query about your account as a request that we communicate personal financial information with you by unencrypted email.
18. Legal Equivalency
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
21. Contact Us
If at any time you need assistance or are experiencing difficulties using the Site, please contact us on this website, via email at [email protected], by phone at 707-962-4131, or write us at: Customer Service, Mendo Insider Tours, 100 Jewett Street, Fort Bragg, CA 95437.