Please review carefully the terms and conditions set forth below before using the Toursbyme.com web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to Toursbyme.com (or Toursbyme). The Toursbyme.com web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. Toursbyme.com may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the Toursbyme.com web site constitutes your agreement to all such terms, conditions, restrictions and notices. Note: For purposes of this agreement, Users are classified as Tour Guides or tour operators or attendees or customers, respectively or jointly as the "Parties" and individually as a "Party". These terms and conditions constitute the entire agreement between you and Toursbyme.com as to its subject matter. If you do not agree to any of these terms and conditions you should immediately cease to use Toursbyme.com‘s website.

ELIGIBILITY FOR REQUIREMENTS

Toursbyme.com shall have absolute discretion as to whether or not it accepts a particular applicant for participation in the service. Toursbyme.com’s web site is available only to individuals or entities that can form legally binding contracts under applicable law. The services of this web site are not available to minors. If Users do not qualify, they cannot legally use any of Toursbyme.com’s services including, but not limited to, those that require the User's ability to form legally binding contracts.

REMOVAL FROM NETWORK

Toursbyme.com reserves the right to terminate the participation of any member or site without reason but expressly including any member that Toursbyme.com judges to be in violation of the Terms and Conditions.

Members in violation of Toursbyme.com‘s Terms and Conditions will be immediately deactivated. Toursbyme.com may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from Toursbyme.com. Members that are terminated by Toursbyme.com on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from Toursbyme.com.

Toursbyme.com provides unmonitored access to third-party content. Toursbyme.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. Toursbyme.com does not control nor always review the tours that we offer from Toursbyme.com. Toursbyme.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of tours listed on Toursbyme.com, and Users should not treat any listing as such an endorsement or acceptance of veracity or value.

Toursbyme.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Toursbyme.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using Toursbyme.com for User's account.

PAYMENTS

Toursbyme.com will typically print and mail checks if the member requests it AND their account balance is equal to or greater than $30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. Toursbyme.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen creditcard) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Toursbyme.com account or face account termination and any other remedies available to Toursbyme.com to recover its funds. As previously stated, any member that Toursbyme.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment.

Toursbyme.com requires you to make all payments to Toursbyme.com and to make payments to and accept payments from other Users in the purchase and sale of Services for Toursbyme.com directly through the mechanisms available on the Toursbyme.com site. You understand and agree that Toursbyme.com will not hold funds delivered to Toursbyme.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of Toursbyme.com in any account, at any institution, or in any other manner Toursbyme.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by Toursbyme.com for general corporate purposes or otherwise, provided that Toursbyme.com will remain contractually obligated to make payment to you, as a Tour Guide, for any sales of Services provided by you through Toursbyme.com. To the extent Toursbyme.com is obligated to make payment to you, you will be an unsecured creditor of Toursbyme.com. Any interest earned on funds held by Toursbyme.com will belong to Toursbyme.com. Users will not be paid interest on funds held by Toursbyme.com, and Toursbyme.com will not be liable for any lost interest on such funds.

For legal reasons, we cannot send payments of any kind to the following countries: Burma, Cuba, Iran, N. Korea, Sudan, Syria.

You acknowledge that: (1) Toursbyme.com is not a bank or other licensed financial institution; (2) the amounts shown as on deposit in a User account are not segregated into a separate account but represent unsecured obligations of Toursbyme.com to the User with respect to the sale of Services through Toursbyme.com; (3) Toursbyme.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED OR GUARANTEED DEPOSITS. Your account will not constitute an escrow. By initiating and sending payments through Toursbyme.com, you appoint Toursbyme.com as your agent to obtain the funds and hold and to transfer such funds to the Tour Guide for Services, subject to these terms and conditions.

TOUR CANCELLATION FEE: If a tour has already been booked, the attendee will be refunded completely for the price of the tour and the tour guide will be charged an additional cancellation fee according to the following schedule:

• Less than 24 hours: 100% of total tour booking fees
• Between 24 and 72 hours prior: 25%
• More than 72 hours prior: 10%

TAXES

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the tour you conduct. These taxes will be added to fees billed to you, if applicable.

USER CONTENT

User is solely responsible for content or any other information User provides to Toursbyme.com. User understands and agrees to the following:

Toursbyme.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Toursbyme.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Toursbyme.com, harm its business operation or reputation, or cause Toursbyme.com to lose the services of its suppliers.

User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

By submitting User content to Toursbyme.com (including, but not limited to creating your Account; posting tour, posting a profile, posting photos, posting a videos; sending messages through or to Toursbyme.com). You hereby grant to Toursbyme.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of Toursbyme.com (such as a portfolio of sample tours hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.

ADVERTISING

Users are prohibited from advertising their website on Toursbyme.com. Any URL posted in a bid, project description, or the message board, must relate to a project on Toursbyme.com. An example of a permissible URL: User's profile page or rating.

LIMITATION OF LIABILITY

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT POSSIBLE UNDER THE RELEVANT LAWS TOURSBYME.COM EXPRESSLY DISCLAIMS ALL LIABILITIES FOR ANY LOSS, CLAIM, DAMAGE OR PENALTY A USER SUFFERS DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF THE TOURSBYME.COM WEBSITE AND TOURS BOOKED THROUGH IT. TOURSBYME.COM MAKES NO GUARANTEE, INDEMNITY OR WARRANTY, EXPRESS OR IMPLIED IN RESPECT OF THE USE OF THE TOURSBYME.COM WEBSITE.

Toursbyme is a booking service and is not liable in any way for or make any warranty of safety of the tours posted. Tour guides are responsible for compliance with the applicable certifications, licensing and/or insurance requirements in their jurisdictions. Tour guides are solely responsible for the safety and welfare of their attendees.

In no event shall Toursbyme, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

1. Errors, mistakes, or inaccuracies of content
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or tour guides
3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
4. Any interruption or cessation of transmission to or from our website
5. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party
6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Toursbyme website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Toursbyme shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by Toursbyme from its facilities in the United States. Toursbyme makes no representations that the Toursbyme Website is appropriate or available for use in other locations. Those who access or use the Toursbyme Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Under no circumstances, including but not limited to any act or omission on the part of Toursbyme, will Toursbyme be liable for any indirect, incidental, special and/or consequential damages whatsoever which result from any use or access of, or any inability to use or access, this website or its content, including but not limited to any dealings with the tour guides. The entire risk as to the results and the performance of information on this website is assumed by the user.

INDEMNITY

You agree to defend, indemnify and hold harmless Toursbyme, its parent or related corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. Your use of and access to the Toursbyme Website
2. Your violation of any term of these Terms of Service
3. Your violation of any third party right, including without limitation any copyright, property, or privacy right
4. Any claim that one of your User Submissions caused damage to a third party
5. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or local personal tour guides

This defense and indemnification obligation will survive these Terms of Service and your use of the Toursbyme Website.

APPLICABLE LAW

The laws of the State of Florida, United States shall govern any dispute arising out of or in connection with these User Terms. You and Toursbyme.com irrevocably submit to the non-exclusive jurisdiction of the courts of Florida, United States. If any of the provisions of these terms and conditions of service are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.