WEB SITE USE AGREEMENT

Welcome to the mytrip.allaboardtours.com Website (the “Web Site” and/or the “Website”). This Internet Web Site Use Agreement (the "Agreement" or the “Terms of Use”) is between you and All Aboard Tours & Travel, L.L.C. (the "Company"). The terms “we”, “us”, “our”, “AAT”, “All Aboard Tours”, and “All Aboard Tours & Travel” refers to All Aboard Tours & Travel, L.L.C. By using this site, you signify your unconditional agreement to all such terms, conditions, and notices in this Agreement, as well as your assent to these Terms of Use. Your use of this Web Site is subject to the following terms and conditions of use:

(1)  YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.  You may use this Website only in compliance with these terms and conditions and all applicable local, state, national, and international laws, rules, and regulations. Insofar as you purchase any tour packages, travel services, ancillary merchandise, or otherwise transact business executed by suppliers providing travel or other receptive services for All Aboard Tours & Travel on, or as a result of, this Website, you agree that this Agreement shall apply to all such transactions. If you do not accept each and every one of these terms and condition, please do not use this Website.

(2)  The Company may gather, process and use information, personal data, and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of the Web Site for any lawful reason or purpose. Your use of the Web Site may not be fulfilled or completed if your information and/or your identity cannot be verified. As a condition of your use of the Web Site, you will not use the Web Site for any purpose that is not authorized by these Terms & Conditions. You may not interfere with any other party's use of the Website. You may not attempt to gain unauthorized access to the Web Site through any means.

(3)  This Website and the computers (including software and files) used to run and maintain them are the property of All Aboard Tours. This Website and the computers hosting them, and the content provided in this Web Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software are the exclusive property of All Aboard Tours and may not be accessed, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of All Aboard Tours, and/or its third party providers and distributors, except that you may access this Website and download, display and print the materials presented on this Website for your personal, non-commercial use only.

You may not without the prior written permission of All Aboard Tours use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not: engage in the mass downloading of files from this Web Site; use the computer processing power of this Web Site for purposes other than those permitted above; flood this Web Site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Web Site. You may not download (other than page caching) or modify any portion of this Website except with express written consent of All Aboard Tours. You may not: (i) resell or make commercial use of this Website or its contents; (ii) collect and use any product listings, trip itineraries, descriptions, or prices displayed on this Website; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website.

(4) The Company reserves the right, at its sole discretion, from time to time to change the terms, conditions, and notices under which this Website is offered; and concurrently modify, add or remove any portion of this Agreement, in whole or in part, at any time. The Company is not responsible for any altered or printed versions of the information provided in this Website or linked Websites, nor any warranty or representation with regard to products or services that are advertised or promoted at linked sites. All Aboard Tours assumes no responsibility for errors or omissions in any Website materials. Information contained in this Website is subject to change without notice.

(5) The Web Site, including the information, artwork, text, videos, graphics, images, pictures, audio and other materials (collectively known as the “Content”) contained thereon, is protected by one or more copyrights pursuant to U.S. copyright laws, international conventions and other intellectual property laws. You may not copy, imitate, or use any of the Company’s content or materials without All Aboard Tours and Travel’s prior written consent, which it may withhold in its sole discretion, and you may not use them in a manner that is disparaging to All Aboard Tours & Travel or the Website or display them in any manner that implies sponsorship or endorsement. All right, title and interest in and to the Web Site, the technology related to the Web Site, and any and all technology and any content created or derived from any of the foregoing, is All Aboard Tours & Travel’s exclusive property or that of its partners or licensors. You will abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any Content on the Web Site. You may download and make copies of the Content and other downloadable items displayed on this Web Site, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content on the Web Site for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission from the Company. All rights to the Company's copyrighted materials not expressly granted herein are reserved by the Company.

(6) The Company, at its sole discretion, may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database or Content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. All Aboard Tours & Travel reserves the right to deny access to anyone to this Website (in its sole discretion) at any time and for any reason, including but not limited to, any violation of this Agreement. 

(7) The information displayed on this Website is All Aboard Tours & Travel’s proprietary content. Users with accounts may make limited copies of their travel itineraries and related documents, but may not distribute, copy, display, license, sell, or base derivative works on any content, goods, or services made available on this Website. You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which: (i) restrict or inhibit any other user from using and enjoying the Web Site; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful or destructive elements; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact.

(8) You hereby agree to defend, indemnify and hold harmless the Company, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney's fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim.  The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company. As a condition of your use of this Web Site, you warrant that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. With respect to any claims brought by third parties as a result of your breach of this Agreement, your violation of any law or the rights of a third party, or your use of this Website, you agree to indemnify and hold harmless All Aboard Tours & Travel and its officers, employees, directors, and agents as to all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claims.

(9) Use of this Web Site may contain hypertext links to Websites operated by parties other than All Aboard Tours as well as pointers to resources to other World Wide Web Internet sites controlled by parties other than the Company. Links to and from the Web Site to such third party sites do not imply or constitute any endorsement by the Company of any third party material or contents and the Company does not assume any responsibility or liability for said third party Website materials or any association with their operators.

(10) The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.

(11) The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of this Agreement.  

(12) You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. The above description of the prohibited activities is not intended to be all inclusive and may be altered at any time by All Aboard Tours without notice. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Website.

(13)  ALL ABOARD TOURS & TRAVEL, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ALL ABOARD TOURS & TRAVEL OR ITS AFFILIATES. THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, SERVICE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEEDING LIMITATION MAY NOT APPLY TO YOU.

(14) THE CARRIERS, HOTELS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR ALL ABOARD TOURS & TRAVEL ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ALL ABOARD TOURS & TRAVEL OR ITS AFFILIATES. THE TERMS AND CONDITIONS OF THESE INDEPENDENT CONTRACTORS WILL APPLY TO ANY DEALINGS THAT YOU HAVE WITH THEM. ALL ABOARD TOURS & TRAVEL AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ALL ABOARD TOURS & TRAVEL AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL ALL ABOARD TOURS & TRAVEL, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ALL ABOARD TOURS & TRAVEL, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(15) By posting personal information, traveler messages, uploading tour files, inputting trip data or engaging in any other form of communication (individually or collectively "Communications") to the Web Site, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications. If you have an account on this Website, you must also keep your contact information up to date. You also warrant that all information supplied by you or members of your household in using this Website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You must not use this Website to do anything that is unlawful, misleading, or discriminatory.

(16) You acknowledge that Communications involving, regarding, or in reference to the Web Site, or its corresponding travel programs, are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company, no confidential, fiduciary, nor contractually implied, or other relationship, is created between you and the Company other than pursuant to this Agreement.

(17) This Agreement and any claim or action related thereto will be governed and construed in accordance with the laws of the State of New Jersey, without regard to or application of its conflict of law provisions or your state or country of residence. You hereby agree and consent that the sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this Agreement shall be an appropriate state or federal court located in the State of New Jersey. All claims, legal proceedings, or litigation that arises out of your use of this Website must be brought solely in the State of New Jersey, and by using this Website you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting the terms of this Agreement on behalf of a United States federal government entity that cannot legally accept the provisions for choice of law, jurisdiction, or venue described above, then those provisions do not apply to you but instead this Agreement will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent allowed by federal law, the laws of the State of New Jersey (excluding choice of law).  

(18) The Company has a long standing policy that does not allow it to accept or consider creative ideas, suggestions or materials other than those which have been specifically requested or otherwise affirmatively solicited by the Company in writing. It is the intent of this policy to avoid possible misunderstandings as to the ownership of creative ideas, concepts, suggestions or materials. If you send any creative materials, suggestions, ideas, notes, drawings, concepts or other information (collectively known as the "Information") to the Company in printed form, electronic means or otherwise, the Information shall be deemed to be the property of the Company and shall not be subject to any obligations of confidence, non-disclosure or non-usage. The Company is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information on a worldwide basis without compensation to the provider of the Information.

(19) The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of All Aboard Tours & Travel’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by All Aboard Tours & Travel’s with respect to such use. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. Any cause of action you may have with respect to your use of and access to the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein and above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Web Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by the Company. The failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor bar the Company's right to enforce the provision.

(20) You agree to be financially responsible for all of your use of this Website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Website by minors under your name or account. If you have an account on this Website, you hereby agree to protect your account information and are entirely responsible for any use of your account by you or anyone other than you.

(21) You agree that the travel service reservation facilities of this Website shall be used only to make legitimate reservations or payments for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel service reservation facilities of this Website may result in you being denied access to such facilities. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you, your sponsoring organization, and the Company with respect to the Web Site. Separate terms and conditions will apply to your reservation and payment for the execution of travel-related goods and services that you select.

(22) All Aboard Tours & Travel will not charge you to use the Web Site. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of tour capacity, products, or services. You are responsible for any ancillary service fees incurred in connection with your traveling organization and/or your use of the Web Site. You are also responsible for all fees associated with your credit card, debit card, or registered PayPal account used to make Payments.

(23) When initiating or authorizing a Payment through our Web Site, you authorize All Aboard Tours & Travel to process such Payment in accordance with Payment processing procedure, and you acknowledge and agree that the billing information you enter automatically will be saved within your account profile. Your All Aboard Tours & Travel account balance will reflect the amount of any Payment authorized by you through the Web Site after All Aboard Tours & Travel has initiated the processing of such Payment. Your All Aboard Tours & Travel account balance will generally be updated to reflect processed payments within three Business Days of the date on which All Aboard Tours & Travel initiates the processing of your Payment.  All Aboard Tours & Travel will reverse any such payment credit to your All Aboard Tours & Travel account and may then assess any applicable fees or charges including, but not limited to, late fees, fees for declined credit card, or fees for non-sufficient funds, if your Payment is submitted after corresponding due date, returned for non-sufficient funds or otherwise cannot be processed or is later charged back or reversed. You agree that any account payment type included within admissible Payment method will be a credit card, debit card, or registered PayPal account as applicable that you are legally authorized to use to make Payments.

(24) If you have any questions as to what is considered an authorized use of this Web Site or regarding Terms of Use, please send inquiries to support@allaboardtours.com

Updated October 1st, 2015