TERMS OF SERVICE
Last Updated: August 25, 2017
ACCEPTANCE OF TERMS OF SERVICE
JusTours arranges: air, water, rail and ground transportation; hotel and other accommodations (i.e., camping); restaurant reservations; other food and beverage packages; tours; tickets to live entertainment events and festivals; sightseeing excursions; and, other services and activities (the “Services”) provided by various third-party suppliers (the “Suppliers”).
RELEASE OF SUPPLIER CLAIMS
JUSTOURS IS NOT RESPONSIBLE FOR THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THE SUPPLIERS OR THEIR FAILURE TO PERFORM OR ADHERE TO THEIR OWN SCHEDULES OR PROMISES.
JusTours assumes no responsibility for, and You agree it shall not be liable for, any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful, intentional or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) any wrongful, intentional or negligent acts or omissions on the part of any other party not under JusTours’ direct control. Under no circumstance will JusTours be liable for any consequential, indirect, reliance, or punitive damages (including lost profits or savings) for any cause of action, whether in contract tort, or otherwise, even if JusTours was or should have been aware of the possibility of these damages. By agreeing to the Terms of Service, You hereby release JusTours from all claims arising out of any problem covered in this paragraph.
ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS
Prior to a Participant’s use of a Service, Participant must agree to JusTours’s Acknowledgment of Risk, Assumption of Risk and Responsibility, Release of Liability and Waiver of Legal Rights, which can be found HERE.
You acknowledge and understand that: (1) airlines can increase their prices at any time before tickets are issued and that JusTours has no control over issuance of tickets; (2) Suppliers may at their sole discretion modify operating schedules, cancel its Services and/or discontinue its Services, and You may not be entitled to a refund or any compensation for such cancellation and/or change to the Services; (3) airlines, cruise lines, tour operators, and other Suppliers have their own contracts covering cancellation penalties and other terms and conditions; and, (4) You may be bound by those contracts regardless of whether You receive notice of their terms. In the unlikely event that any part of the Services becomes unavailable prior to departure or during the course of the trip, JusTours and/or Suppliers reserves the right to modify, replace or cancel such service, and You agree to hold JusTours harmless from any and all claims, loss or damage resulting therefrom.
TRAVEL RISKS AND RELEASES
JusTours has no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which You may travel. For information concerning possible dangers at destinations, JusTours recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, JusTours recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of Your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You specifically acknowledge and recognize the potential for injury and death which can result from Your or other participants’ use of any combination of the following: alcohol and/or the possession and/or improper use of legal and/or use of illegal drugs. You also realize and acknowledge that risk and dangers may (i) be caused by the negligence of other participants, third parties and Suppliers, and (ii) arise from foreseeable and unforeseeable causes, including weather and other acts of nature, and that all those aforementioned risks, dangers, and hazards may increase during Your engagement in any recreational activities which may take place during Your trip. By agreeing to the Terms of Service, You hereby release JusTours from all claims arising out of any problem covered in this paragraph.
Given increased security concerns, Participants must provide JusTours legally verifiable information issued by state and/or federal governmental authorities (e.g., driver’s license or passport information). Failure to provide the required information by the deadline set on a per Event basis will result in the Participant not being able to participate. No refunds will be issued due to a Participant’s failure to timely provide such information.
Further, Prior to purchasing a Service, You are required to create a user account at www.juscollege.com. It is Your responsibility to provide JusTours the correct personal information, including e-mail address and telephone number. JusTours may communicate important information regarding Your account and/or Your Services using the personal information You provide to JusTours under “My Account.” By agreeing to the Terms of Service, You hereby release JusTours from all claims arising out of any problem or failure to receive a communication from JusTours to You due to Your failure to properly provide accurate and/or up-to-date personal information.
ACTIVITIES & SERVICES
Important information and instructions regarding the purchase of Services will be sent to You via email and/or SMS text message. If You do not receive an email and/or SMS text message within 12 hours of purchase of Services, it is Your responsibility to contact JusTours at email@example.com to ensure the purchase of Services was completed and obtain important information and instructions relating to the Services purchased.
Finally, it is Your responsibility to follow instructions received. You understand and agree our Services typically involve restrictions and changing any aspect of Your Service, if permitted by the Supplier, may result in the payment of additional money.
Reservation NOT Guaranteed
From time to time, JusTours will allow a non-refundable deposit to be made in order to hold a reservation. Details regarding the timing of the deposit and required payments will be provided in the description of the Service for which a deposit may be placed.
Hotels and/or other accommodations selected by a Participant are subject to change by JusTours until Participant’s account is paid in full, the room is finalized with roommates, and the hotel confirms Participant’s reservation.
Flights selected by a Participant are subject to change by JusTours until Participant's account is paid in full and Participant's flight is ticketed by the airline.
Final hotel and flight information will appear on the travel itinerary that will be emailed and/or SMS text message to the Participant and posted on the Participant's “My Account” page prior to departure. For Your safety and comfort, and to prevent roommates or affiliated groups from being separated due to one or more Participants' late or non-payment, JusTours reserves the right to provide alternate, equivalent accommodations for a Participant and his/her roommates and/or affiliated group if payments are not received on time.
As already stated, but for any avoidance of doubt, Suppliers may at their sole discretion modify operating schedules, cancel its Services and/or discontinue its Services, and You may not be entitled to a refund or any compensation for such cancellation and/or change to the Services
You are responsible for coordinating with other Participants for Your indicated occupancy. For example, if a Participant signs up for a quad occupancy package (four people per room) and one of the three other indicated roommates does not sign up, removes him/herself from the room or cancels, the remaining three Participants will be required to re-finalize the rooming and all remaining Participants will be charged the difference in price between the actual occupancy (triple) and the intended or paid-for occupancy (quad).
Deposit & Payments
JusTours may offer alternative payment methods that a Participant may use to purchase Services instead of paying in full at the time of booking. If a Participant uses an alternative payment method, such purchase will be subject to, in addition to these Terms of Service, alternate payment methods terms and conditions. If there is a conflict between these Terms of Service and an alternative payment method terms and conditions, the alternative payment method terms and conditions govern.
Deposit & Expiring Deposit
JusTours may offer Participant the option to place a deposit and/or a Deposit Payment Plan, which only gives the Participant the ability to purchase Services at certain pricing (“Deposit Pricing”), subject to availability.
A deposit placed by Participant may or may not be applied to the purchase of Services, depending on the Services being purchased, which will be disclosed on the individual event webpage(s).
Deposit Pricing may be subject to certain restrictions, including requiring Participant to purchase the Services he/she deposited prior to a certain date (the “Expiring Deposit”). If Participant fails to purchase a Service by Expiring Deposit date, Deposit Pricing may no longer be available to Participant.
Deposit policy, including restrictions on such deposits (i.e., Expiring Deposit) will be disclosed at the time of purchase of Services and on the individual event webpage(s).
If a Participant elects to purchase a Service using the Affirm Financing option, such purchase is made subject to the Affirm’s Terms and Conditions, which can be found HERE.
JusTours Deposit Payment Plan and Services Payment Plan
If a Participant elects to place a deposit for and/or purchase a Service using the Deposit Payment Plan and/or Services Payment Plan option, such deposit and/or purchase is made subject to the Payment Plan Terms and Conditions, which can be found HERE.
JusTours Split Payment Feature
If a Participant elects to purchase a Service using the split payment feature, the entire balance for the Service purchased must be paid within 24 hours of the initial purchase. Failure to timely pay the entire balance may result in JusTours canceling the Services without further notice to You.
Substituted Participant Provisions
Subject to third-party carrier/service provider restrictions, a Participant may transfer his or her airline reservation at any time prior to 35 days before the scheduled departure date and his or her hotel reservation at any time prior to 35 days before the scheduled arrival date if the registered Participant and the substituted participant submit a completed substituted participant form (“Substitute Participant Form”).
For airline reservation transfers, a transfer fee may apply, as well as additional third-party fees. If additional third-party fees will apply, JusTours will notify You in advance and provide You the opportunity to cancel the transfer request without incurring any transfer fees. The Substitute Participant Form must be submitted to JusTours in writing at firstname.lastname@example.org. The form is available here: Substituted Participant Form.
We must verify and accept in writing the Substituted Participant Form in order for it to be valid. Typical accepted acknowledgment is an email from the suffix juscollege.com. If within 14 days of Your submission of the completed Substituted Participant Form You do not receive an email from the suffix juscollege.com accepting Your Substituted Participant Form, You must contact JusTours at email@example.com. No substitutions will be made without JusTours having issued a written confirmation of substitution. JusTours IS NOT RESPONSIBLE FOR LATE OR LOST COMMUNICATIONS.
The Substituted Participant Form requires the registered Participant to authorize JusTours to release information relating to the Services purchased by Participant. Further, the substituted participant agrees (1) to pay for the balance, if any, of the remaining charges and (2) agree to JusTours’ Terms of Service as if the substituted participant had originally made the reservation. It is the original participant’s responsibility to have the substituted participant reimburse all previous payments made to JusTours as JusTours will not provide any refund. No substituted participants will be allowed except as stated in this section. THERE ARE NO MEDICAL OR OTHER EXCEPTIONS TO THIS POLICY. NO SUBSTITUTIONS WILL BE ISSUED IN RESPONSE TO VERBAL REQUESTS.
A Substitute Participant is subject to the same restrictions as the Participant, and may be subject to additional third-party carrier/service provider restrictions placed on transferred airline reservations.
Cancellation, Refund and Change Fee Policy
JusTours does not have a ‘one size fits all’ cancellation, refund or change policy. As such, depending on the type of purchase and the Supplier(s) involved, the amount and availability of a refund, and the ability to make changes may vary widely. We have tried to summarize our policies below. If Your precise situation is not addressed or if You have any questions, please contact us at firstname.lastname@example.org and we will be happy to answer Your questions.
Before we get into specifics, there are three overarching rules that apply to all of our cancellation, refund and additional change policies. The first is that no cancellations, refunds or changes are allowed unless expressly provided for in our Terms of Service, set out in a separate written agreement between You and us, or approved by us in writing. There will be no refunds if (1) You fail to show up for any aspect of Your booking for any reason, including a medical emergency and/or bereavement, (2) untimely cancellation requests, (3) early departure from the tour, (4) claims of unused or unsatisfactory transportation, (5) accommodations, (6) denied access to hotel accommodations because You fail to meet the minimum age requirement for check-in, (7) denied Services because You failed to provide full and/or accurate personal information to JusTours, such as passport information, and/or (8) other unsatisfactory third-party Services.
Second, all requests for refunds or changes must be sent to JusTours in writing at email@example.com. If You have timely submitted a request to cancel or change Your reservation and not received a written acknowledgment from JusTours within 14 days after sending Your request, You must contact JusTours at firstname.lastname@example.org so that You can obtain a written confirmation of Your request for a refund or change. No refunds or changes will be made without JusTours having issued You a written confirmation. JusTours IS NOT RESPONSIBLE FOR LATE, LOST OR UNRECEIVED COMMUNICATIONS.
Third, if JusTours is charged a fee by Suppliers for making a refund or change, or if our Suppliers limit or prohibit refunds or changes, those fees or restrictions will be passed on to You even if our written terms allow for a larger refund or a more favorable change policy.
As Supplier policies change and in some cases are not entirely clear, and as our list of Suppliers changes constantly, it is not feasible to update the policies detailed below each time a Supplier changes its terms or we add new Suppliers. If You have any questions regarding Your particular purchase, please contact us at email@example.com before You buy so that we can provide You precise refund and change fee information regarding Your proposed purchase.
JusTours Promoted and Marketed Events
We create and market various events such as Cabo Spring Break, Labor Day Weekend Las Vegas, Fall Break Las Vegas, Memorial Day Las Vegas, Havasu Spring Break, VegaSu Spring Break and Ski & Snow as well as music festivals produced by other third party vendors. Unless otherwise provided in the materials relating to such event, all refunds and additional charges will be governed by our Standard Refund and Additional Charge Policy.
JusTours Private Events
JusTours customizes events for all types and sizes of groups, such as collegiate groups, greek fraternal groups, company outings, religious retreats and sports teams. Unless otherwise provided in the customized materials we create for such event, all refunds and additional charges will be governed by the following terms:
All requests for refunds, cancellations and changes must be made in writing at firstname.lastname@example.org by the event group leader. An individual participant cannot seek a refund or request a change. Only refunds and changes approved in writing by JusTours will be valid. JusTours may need to seek approval from third party vendors prior to approving any request for a refund or change. Additional charges may be required in order to make requested changes. The event group leader will be required to approve any such additional charges in writing, and once so approved, such charges must be paid prior to the change being made. No refunds or changes will be made within 45 days of the Arrival Date*. To the extent that a refund is approved, a minimum of 10% will be withheld as a processing fee and penalty for cancellation. Additional amounts may be withheld based on obligations made to Suppliers, and it can take up to 90 days (sometimes longer) after the scheduled event for the refund to be processed.
Standard Refund and Additional Charge Policy
Travel Package Bundles. A Travel Package Bundle consists of shared accommodations and/or a combination of at least 2 of the following items: airfare, other transportation (bus, limo, charter, boat, train, etc.), entertainment tickets/vouchers, food and/or drink packages, staffing and other services.
The following Services are defined as Travel Package Bundles: (1) Cabo Spring Break; (2) Labor Day Weekend Las Vegas; (3) Fall Break Las Vegas; (4) Memorial Day Las Vegas; (5) Havasu Spring Break; (6) VegaSu Spring Break; and, (7) Ski & Snow. Additional Services not set forth above may also qualify as Travel Package Bundles, as long as the requirements set forth in the previous paragraph are satisfied.
Music Event Packages (as defined herein) are not defined as Travel Package Bundles. Music Event Packages (as defined herein) are governed by its policy set forth herein.
Individual Services that are part of a Travel Package are non-refundable.
Deposit. The initial deposit to reserve a Travel Package Bundle is subject to the following refund schedule, as long as the request to cancel the Travel Package Bundle is made in writing HERE within 30 days of making such deposit:
Cancel By Date:
Within 30 Days of initial deposit payment AND 90 or more days prior to Arrival Date*
Less Than 90 days prior to Arrival Date*
*Arrival Date is the earlier of the scheduled outbound flight date or the scheduled hotel check-in date.
Any deposit refund is subject to offset of any amounts paid or owed to third parties (i.e., amounts which JusTours is not entitled to a refund or must pay notwithstanding the cancellation).
Payment. Any payments for the purchase of a Travel Package Bundle(s) are subject to the following refund schedule, as long as the request to cancel the Travel Package is made in writing HERE within 30 days of making such payment:
Cancel By Date:
Within 30 Days of initial payment AND 100 or more days prior to Arrival Date*
Refundable, Subject To Cancellation Fee (as defined below)
Less Than 100 days prior to Arrival Date*
*Arrival Date is the earlier of the scheduled outbound flight date or the scheduled hotel check-in date.
The following is the Cancellation Policy: If you cancel your package at any point, you forfeit any current payments and no additional payments are owed.
To cancel your Travel Package, please reach out to email@example.com with the following information and we will reply with the appropriate options:
All changes MUST be requested in writing from the email address associated with Your JusCollege.com account."
Hotel Substitution. Any hotel substitution may be subject to availability and a change fee of up to $250 per person plus any additional charges imposed by the canceling hotel and any increase in rate charged by the new hotel. All change requests must be made in writing HERE. Prior to any change in hotel being made, the entire balance for the Travel Package Bundle must be paid in full together with the change fee and the other third-party charges.
Hotel Room Finalization. If Your Travel Package includes shared hotel accommodations, it is Your responsibility to select and finalize Your roommates prior to any deadline disclosed to You by JusTours. If You fail to select and finalize Your roommates prior to such deadline, Your hotel accommodations are subject to cancellation without refund, or subject to change, including but not limited to change in rooming type and hotel. If Your hotel accommodations are changed due to Your failure to timely select and finalise roommates, You may be subject to a change fee of up to $250.00 per person plus any third-party rate increase due to the change.
Flight Selection. If Your Travel Package includes air transportation, it is Your responsibility to select and finalize Your flight itinerary prior to any deadline disclosed to You by JusTours. If You fail to select and finalize Your flight itinerary prior to such deadline, JusTours may (1) select your flight itinerary for You, (2) cancel your Services without refund, or (3) subject to a change in flight itinerary, including but not limited to departure city and dates. If Your flight itinerary is changed due to Your failure to timely select a flight itinerary, You may be subject to a change fee of up to $250.00 per person plus any third-party rate increase due to the change.
Travel Date Change. Any travel date change must be made in writing HERE and is subject to availability and a change fee of up to $250.00 per person plus any third-party rate increase due to the change. Prior to any change to the travel date being made, the entire balance for the Travel Package Bundle must be paid in full together with the change fee and the other third-party charges.
Hotel Rooms - A Hotel room purchased by itself, with no other Services and not part of a Travel Package is subject to its own refund and change policy, which may vary on a per event basis, which will be disclosed on the individual event webpage. To be clear, a shared hotel accommodations is not considered a Hotel Room for this Terms of Service but instead a Travel Package. The terms disclosed on the specific webpage for the event will control. If the event webpages do not state the refund policy for the Hotel Room, the following will control.
Deposit & Payment. Any deposit and/or payments for the purchase of a Hotel Room that is not part of a Travel Package are subject to the following refund schedule, as long as the request to cancel the Hotel Room is made in writing HERE and within 30 days of such deposit or payment:
Cancel By Date:
46 or more days prior to Arrival Date
Less Than 46 days prior to Arrival Date
*Arrival Date is the scheduled hotel check-in date.
*Any refund and/or payment may be assessed a cancellation charge of $250 plus any amounts paid or owed to third parties (i.e., amounts which JusTours is not entitled to a refund or must pay notwithstanding the cancellation).
Hotel Substitution. Any hotel substitution may be subject to availability and a change fee of up to $250 per person plus any additional charges imposed by the canceling hotel and any increase in rate charged by the hotel. All change requests must be made in writing HERE. Prior to any change in hotel being made, the entire balance for the Hotel Room must be paid in full together with the change fee and the other third-party charges.
Travel Date Change. Any travel date for a Hotel Room change must be made in writing HERE and is subject to availability and a change fee of up to $250.00 per person plus any third-party rate increase due to the change. Prior to any change to the travel date being made, the entire balance for the Travel Package Bundle must be paid in full together with the change fee and the other third-party charges.
Airfare - Deposit and/or any payment(s) for airfare that is not part of a Travel Package Bundle is non-refundable.
Music Event Package - A Music Event Package consists of a music event ticket or any combination of the following items: music event ticket, hotel room, non-airline transportation (bus, limo, charter, boat, train, etc.), camping reservation, camping gear rental, food and/or drink packages, staffing and other services. The initial deposit and any payment to reserve and/or purchase a Music Event Package is refundable only if the Music Event Package is cancelled in writing HERE as follows:
Cancel By Date:
60 or more days prior to Music Event Date*
Less than 60 days but more than 14 days prior to Music Event Date*
50% of Music Event Total Package Price**
14 or less prior to Music Event Date*
*Music Event Date is the first day of the music event.
** Please find the following illustrative example for Music Event Package refund policy: The Music Event Package price is $400. As of 45 days prior to the first day of the music event the Participant has paid $300. The Participant notifies JusTours in writing his/her cancellation of Music Event Package. In this scenario, We will retain $200 and refund You $100.
Event Shuttles - Payments made for non-Travel Package Bundle Event Shuttles are fully refundable if the request for refund is made in writing HERE 14 days or more before the earliest scheduled transportation date. Any purchase within 14 days of the earliest scheduled transportation date is non-refundable.
If JusTours cancels a non-Travel Package Bundle Event Shuttle made on a split order because the full payment is not made within 24 hours of the booking date, JusTours will refund the amount of the partial split charge received to the party or parties having made the payment.
Meal & Drink Plan - Payment(s) for the purchase of a meal & drink plan (“Meal & Drink Plan”) that are not part of a Travel Package are fully refundable if a request for refund is made in writing HERE before the scheduled date of arrival, or if the arrival date has past, on a prorated basis based on the number of days since arrival date. If the arrival date has passed, all refund requests must be made in person at the designated location, and the cut-off time in determining whether a “day” is considered used is 12:00 p.m. local time in the location of the event.
Each event may have its own restrictions regarding the Meal & Drink Plan, if so, the policy will be disclosed on a webpage(s) regarding that event. The terms disclosed on the specific web page for the event will control.
Activities (excursions, booze cruises, airport transportation, etc.) - All purchases of excursions, booze cruises, airport transportation, and other related services (“Activities”) are non-refundable unless otherwise specified in the webpages regarding the Activity. If full payment is not made within 24 hours of purchase (e.g., purchase is made using our split payment option), JusTours may cancel the Activity and no refund will be provided.
Third-Party Vendors operating the Activities may, at their sole discretion, refuse service to anyone for any reason. No refunds will be given for persons who are refused service.
You represent that You have adequate primary medical insurance to cover any injury or damage to Yourself while participating in any Services or activity purchased through us, and if Your insurance is not sufficient to cover such costs, You agree to pay all costs of rescue and/or medical services as may be incurred on Your behalf. You understand that JusTours relies upon those representations in making events, activities, and Services available to You. You understand that Your participation in certain events and activities may invalidate any insurance coverage You may have. You further represent that You have no medical or physical condition that could interfere with Your safety or health while engaged in any of our Services. You request and give Your permission to JusTours that You may be admitted to any hospital or medical facility for diagnosis and treatment. You request and authorize physicians, dentists, staff and nurses to perform any diagnostic procedures, treatment procedures, operative procedures, and x-ray treatment reasonably required or appropriate. Nevertheless, JusTours will not be responsible (i) for finding You medical assistance, (ii) if You do not receive medical assistance, or (iii) if the medical assistance You receive is insufficient, inadequate, negligent or otherwise fails to treat Your condition or makes it worse.
We recommend that You purchase trip cancellation insurance, which is not included with Your travel package but may be purchased separately from a third-party. In the event of strikes, labor disputes, fires, riots, wars, rebellions, acts of terrorism, weather, acts of God or other circumstances beyond JusTours’ control (“Uncontrolled Acts”) which causes JusTours to cancel the trip, JusTours will use commercially reasonable efforts to obtain refunds from Suppliers and apply Supplier refunds to Your account, less a $200 per person service fee, and JusTours shall be relieved of all obligations and liability to You for the cancellation of the trip. Refunds may not be available in all cases, and JusTours will not be liable for loss resulting from Uncontrolled Acts.
Participants who jeopardize the welfare of themselves or others will be removed from the Services/Activity at their own expense and will not receive any refund. JusTours shall not assume responsibility for any claims, losses, damages, cost or expenses arising out of injury, accident or death, damage, loss, stolen or delay of baggage or other personal property, or delay inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether mental or physical.
THIRD PARTY LIABILITY
JusTours is not responsible for claims made by Suppliers, third parties, reps, promoters, travel agents, resellers or affiliates about the travel services provided. Participant is responsible for reading the content of this website for information pertaining to travel services provided by JusTours.
JusTours has the exclusive right to include appropriate (no nudity allowed) photographic, video and other visual portrayals of Participant in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity or otherwise, without compensation to Participant, and all rights, title and interest therein (including all worldwide copyrights therein) shall be JusTours’ sole property, free from any claims by Participant or any person deriving any rights or interest from Participant.
STATUTE OF LIMITATIONS
Last Updated: August 25, 2017
NOTICE OF ARBITRATION PROVISIONS: Your use of our website or our Services is subject to binding individual arbitration of any disputes which may arise, as provided in Paragraph 18 below. Please read the arbitration provisions carefully and do not use our website or our other services if You are unwilling to arbitrate any disputes You may have with us as provided below.
Consent to Terms
JusTours may, subject to Paragraph 18(j) below, change these Terms from time to time on a prospective basis, and modify, add or discontinue any aspect, content or feature of the website or other service. Your continued use or accessing of the website or other service following the posting of any changes to the Terms constitutes Your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the website or other Services provided hereunder, including but not limited to all content, Services, digital products, tools or products, is hereby expressly prohibited.
If You establish a personal account with us, You agree to provide true and accurate data about Yourself. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead JusTours as to any other content. As access to Your account will be available through Facebook®, You are solely responsible for maintaining the confidentiality of Your Facebook password and account. You agree to immediately notify JusTours of any unauthorized use of Your Facebook account or any other breach of security. We may terminate Your account and access to our website and our Services if we learn that You have provided us with false or misleading data.
The following additional terms are applicable to our mobile apps: JusTours Mobile Alerts
If You are a member of JusTours Mobile Alerts, You can unsubscribe at any time by sending us an email at Contact Us.
By subscribing, You consent to receiving, from time to time, text messages, Apple push notifications and similar communications from JusTours, which may include alerts, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to Your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from Your network operator. Data obtained from You in connection with this SMS service may include Your mobile phone number, Your carrier's name and the date, time and content of Your messages. We may use this information to contact You and to provide the Services You request from us and for other business purposes.
When You visit CaboSpringBreak.com or juscollege.com or send e-mails to us, You are communicating with us electronically. We will communicate with You by e-mail, text message or by notices posted on this website. You agree that all agreements, notices, disclosures and other communications that we provide You electronically satisfy any legal requirement that such communications be in writing.
It is a condition of Your use of the website or other Services provided that You do not:
(a) Interfere with any other user from using and enjoying the website or other Services;
(b) Collect information about other users or third parties via the website or other Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;
(c) Engage in the systematic retrieval of data or other content from the website or other Services to create or compile, directly or indirectly, a collection, compilation, database or directory, without JusTours’ prior written consent;
(d) Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
(e) Attempt to gain unauthorized access to other computer systems or networks connected to the website; or
(f) Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any service or product that may be presented by the website or other Services.
Additionally, You agree that You will not use the website or other Services to upload, post, or otherwise distribute or facilitate distribution of any material that:
(a) Is libelous, defamatory or slanderous;
(b) Is sexually suggestive or contains explicit sexual content (including nudity);
(c) Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(d) Does or may threaten, abuse, harass, or invade the privacy of any third party;
(e) Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;
(f) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(g) Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;
(h) Encourages conduct that would constitute a criminal offense or give rise to civil liability;
(i) Impersonates any person or entity, including any employee or representative of JusTours; or
(j) Violates any applicable law or these Terms.
Grant of Limited License
If You post any content to the Website, You hereby grant JusTours and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that You own such content or otherwise have sufficient rights in the content to grant to JusTours the foregoing license without infringing or violating the rights of any third party.
JusTours respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. JusTours, pursuant to the Act, reserves the right, but not the obligation, to terminate Your license to use the website if it determines in its sole and absolute discretion that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if You believe that any such third party materials infringe Your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow JusTours to locate the material on the website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send JusTours a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the website should be sent to: JusTours, Inc., DMCA Takedown Notice Process, Attn: Legal Department, 7885 W. Sunset Road, #100, Las Vegas, Nevada, 89113. JusTours suggests that You consult Your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.
“Cabo Spring Break” “Nobody does Cabo better” and “Nobody knows Cabo better” are trademarks of JusTours, Inc. Travel Channel and E! Television logos are the property of their respective owners. Photo of Sammy Hagar by Adam Bielawski; permission for use and personal endorsement granted by Sr. Hagar's management.
JusTours owns all right, title and interest in and to the website and all materials and content contained in the website, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the website solely for personal use. Any other use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of JusTours is strictly prohibited. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of JusTours.
Age Limitations / Children’s Online Privacy Protection Act Notification
CaboSpringBreak.com and juscollege.com is not designed or intended for use by children under 18.
If You are under 18, You should use the website only with involvement of a parent or guardian. If You are under 18 and use the website without parent or guardian consent, JusTours may cancel Your reservation or purchase without liability (refunds will be made only to the extent that third party providers refund JusTours). JusTours will have no liability if You are denied access to any activity or event if You are under age for such event.
Disclaimer of Warranties
While JusTours uses reasonable efforts to include up to date information on the website, JusTours makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
JUSTOURS PROVIDES THE WEBSITE AND OTHER SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUSTOURS, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “JUSTOURS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JUSTOURS DOES NOT WARRANT THAT THE WEBSITE OR ANY OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YouR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE You USE. YouR USE OF THE SITE AND SERVICE IS SOLELY AT YouR RISK.
Exclusion of Damages
NONE OF THE JUSTORS PARTIES WILL BE LIABLE TO You OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YouR PURCHASE OF EVENTS, ACTIVITIES OR SERVICES FROM JUSTOURS, OR YouR USE OF OR INABILITY TO USE THE WEBSITE OR OTHER SERVICES. NONE OF THE JUSTOURS PARTIES SHALL BE LIABLE FOR ANY SUPPLIER CLAIMS AS PROVIDED IN THE TERMS OF SERVICE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF JUSTOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES TO ANY DAMAGES OR INJURY, WHETHER ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY RECORD OR OTHERWISE. You SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE JUSTOURS PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, JUSTOURS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YouR FAILURE TO COMPLY WITH PARAGRAPH 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE WEBSITE BY You OR ANY THIRD PARTY.
Limitation of Liability
IN NO EVENT WILL THE JUSTOURS PARTIES’ AGGREGATE LIABILITY TO You IN CONNECTION WITH THE WEBSITE AND OTHER SERVICES OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY You TO JUSTOURS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
Applicability of Disclaimers, Exclusions and Limits
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, JUSTOURS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO You.
Third Party Websites
THE THIRD-PARTY WEBSITES LINKED TO OR FROM THIS WEBSITE ARE NOT CONTROLLED BY JUSTOURS. ACCORDINGLY, JUSTOURS MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YouR USE OF OR RELIANCE ON SUCH WEB SITES. YouR USE OF THIRD-PARTY WEB SITES IS AT YouR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY JusTours. WHEN You ACCESS ANY OF THESE THIRD-PARTY SITES, YouR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
Binding Arbitration of All Disputes
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that You may have with us. Therefore, pursuant to these Terms, if there is any dispute or disagreement regarding (i) Your use of or interaction with the website or other Services, (ii) any purchases or other transactions or relationships with JusTours, or (iii) any data or information You may provide to JusTours or that JusTours may gather in connection with such use, interaction or transaction (collectively, “JusTours Transactions or Relationships”), neither party will have the right to pursue a claim in court, or have a jury decide the claim, and You will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the website or other Services, or engaging in any other JusTours Transactions or Relationships with us, You agree to binding arbitration as provided below. The arbitration required under this agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended or any successor statute and not by state law.
(a) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between You and JusTours (the “Arbitrator”);
(b) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Paragraph 18 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
(c) the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for You and does not require travel in excess of 100 miles from Your home or place of business); or (ii) at such other location as may be mutually agreed upon by You and JusTours; or (iii) at Your election, if the only claims in the arbitration are asserted by You and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) the Arbitrator (i) shall apply internal laws of the State of Delaware consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Delaware or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) the Arbitration can resolve only Your and/or JusTours’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) in the event that You are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, JusTours will pay as much of Your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that Your claim(s) were frivolous or asserted in bad faith;
(h) in the event You recover an Award greater than JusTours’ last written settlement offer, the Arbitrator shall also have the right to include in the Award JusTours’ reimbursement of Your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but JusTours shall in all events bear its own attorneys' fees; and
(i) with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor JusTours shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction. Is such event, both You and JusTours hereby waive to the fullest extent possible the right to trial by jury.
(j) JusTours may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after JusTours has given notice of such modifications and only on a prospective basis for claims arising from JusTours Transactions and Relationships occurring after the effective date of such notification. Notice shall be deemed provided once the change has been posted on this website.
(k) Notwithstanding the foregoing arbitration provisions, at Your option, You may bring any claim You have against JusTours in Your local small claims court within the United States, if Your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
In its sole and absolute discretion, with or without notice to You, JusTours may suspend or terminate Your use of and access to the website or other Services, terminate Your account and/or remove and discard anything transmitted by You, or information stored, sent, or received via the website without prior notice and for any reason, including, but not limited to: (i) concurrent access of the website with identical user identification, (ii) permitting another person or entity to use Your user identification to access the website (iii) any unauthorized access or use of the website, (iv) any violation of these Terms, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the website, or (vi) failure to use the website on a regular basis. You may terminate Your account for any reason by emailing JusTours at firstname.lastname@example.org. JusTours shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of the website. Termination, suspension, or cancellation of the website or Your access rights shall not affect any right or relief to which JusTours may be entitled, at law or in equity, and all rights granted to You will automatically terminate and immediately revert to JusTours.