CPG Tours Terms and Conditions

TERMS AND CONDITIONS OF USE

This Legal information should be read carefully before using CPG Tours. CPG Tours is a service developed and provided by Cole Group, Inc. Any reference to CPG Tours and/or Cole Group can be deemed to be interchangeable throughout the following TERMS AND CONDITIONS OF USE.

By using CPG Tours, you agree to the following Terms and Conditions of use. If you do not agree to these terms, please do not use CPG Tours. We reserve the right to change or modify the terms of use, at any time. Your use of CPG Tours following the posting of changes or modifications to the Terms and Conditions will constitute your acceptance of the terms.

Commencing on the date on which you register an account, you will have use of the CPG Tours services (“Services”) pursuant to the terms and conditions set forth herein. The Services shall continue until the Services are terminated and/or canceled by Cole Group, as set forth herein, or Cole Group ceases to offer the Services to the general public.

LICENSE AGREEMENT

By agreeing to these terms and conditions you are agreeing to CPG Tours License Agreement, to which you should refer to fully understand expected use of CPG Tours services.

PRIVACY

We do not disclose, sell, rent, loan, trade, or lease any personally identifying information collected by Cole Group or CPG Tours to any third party.

PERSONAL INFORMATION

By accepting these terms and conditions you hereby certify that you are not a minor. You must also provide accurate, complete and updated information for accurate identification and billing purposes. This includes your legal name, address, telephone number(s), email address, and applicable payment data.

MEMBER RESPONSIBILITIES AND USE LIMITATIONS

You agree that you will not place, or to allow anyone else to place, any copyrighted material on CPG Tours without the written permission of the copyright owner or persons authorized by the copyright owner to grant permission. You are responsible for obtaining any necessary permission before permitting any copyrighted material that belongs to others to be placed on the Service. CPG Tours reserves the right to suspend or terminate the Services to you, in the event that you use the Service in a way that (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene, or deceptive; (iii) is intended to threaten, harass, or intimidate; (iv) tends to damage the name or reputation of CPG Tours and/or Cole Group; or (v) interferes with other customers' use of CPG Tours. You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may, without limiting other remedies of CPG tours and/or Cole Group, result in immediate suspension or termination of the Services with no refund to you of any portion, used or unused, of your previously paid subscription. You further agree to immediately notify Cole Group of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you.

You further understand and agree that a CPG Tours account is for your sole personal use and shall not be used by or for any other person, company, or entity, at any time whatsoever, unless expressed written consent is first obtained from Cole Group.

INTELLECTUAL PROPERTY

The Services, including, but not limited to, all software and programming code used to implement the Services, is proprietary information and material which is solely owned by Cole Group, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use any such proprietary information or materials in any way whatsoever, except for use of the Services as outlined herein. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services in any manner, and you shall not exploit the Services in any manner not expressly authorized. You are granted no right or license with respect to any of the aforesaid Services or proprietary information and material.

PROHIBITED CONTENT

You are solely responsible for any information, written or otherwise, contained in any CPG Tour associated with your account. If any complaints are received regarding language, content, photos, graphics, or any other information or material contained in your tours, Cole Group may, at its sole discretion, remove said tours, hosted on CPG Tours servers and terminate your account. You may not use your tours to publish material that CPG Tours determines, in its sole discretion, to be unlawful, indecent, or objectionable. Unlawful content is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others, including any and all copyrights or trademarks. Objectionable or indecent material is any content which may otherwise be legal, but which CPG Tours concludes, in its sole discretion, it does not want to be associated with in order to protect its reputation and brand image, or to protect its employees, shareholders and/or affiliates. Any termination of any and all subscriptions for use of Prohibited Content as defined herein is not eligible for any pro-rata refunds of unexpired or unused subscription time.

ILLEGAL ACTIVITY

Any activity on our network, or in the use of the CPG Tours services, that is a violation of any state or federal law is a violation of this Terms And Conditions Of Use and will result in immediate termination of service. Any termination of any and all subscriptions for Illegal Activity as defined herein is not eligible for any pro-rata refunds of unexpired or unused subscription time. Without limitation, you may not use the web site to:

  1. Transmit obscene materials
  2. Intentionally spread, attempt to spread, or threaten to spread any computer virus.
  3. Gain or attempt to gain unauthorized access to any network or service, including CPG Tours' private network infrastructure.
  4. Access, or attempt to access, information not intended for you.
  5. Transmit any pirated software, photos, or other content of any kind.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

CPG Tours will make reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Under no circumstances shall the officers, employees, assignees, agents, or representatives of Cole Group be liable to you or any other person for any special, incidental, consequential, or punitive damages of any kind, including without limitation, loss of profits, loss of income, or cost of replacement Services.

You further understand and agree that CPG Tours and/or Cole Group has no control over third party networks you may access in the course of the use of the Services, and therefore, any delays and disruption of other network transmissions are completely beyond the control of CPG Tours or Cole Group.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLE GROUP HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, AND PERFORMANCE. COLE GROUP MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COLE GROUP MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COLE GROUP, ITS OFFICERS, EMPLOYEES, ASSIGNEES, AGENTS, REPRESENTATIVES, OR THE LIKE, WILL CREATE A WARRANTY, AND YOU MAY NOT RELY ON SUCH ORAL ADVICE OR WRITTEN INFORMATION.

There are links in this website which will let the user leave CPG Tours' site. The linked sites are not under the control of CPG Tours, and CPG Tours is not responsible for the content available on any other Internet sites linked to the web site. CPG Tours is providing these links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this web site is at the user's own risk. The inclusion of any link does not imply a recommendation or endorsement by CPG Tours of the linked site.

INDEMNITY

You agree to indemnify and hold the officers, employees, assignees, agents, and/or representatives of Cole Group harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for any and all damages or loss of any kind which may in any way arise out of or result from or in connection with your use of the CPG Tours services. You agree to indemnify CPG Tours and Cole Group in the event that your use of the Services (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, or (v) interferes with other customers' use of the Services provided by CPG Tours.

FORCE MAJEURE

Cole Group shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

APPLICABLE LAWS AND VENUE

These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Riverside County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

GENERAL TERMS

If any part of the Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in CPG Tours. Except as expressly stated herein, the Terms constitute the entire agreement between you and us with respect to CPG Tours.

SECURITY

CPG Tours uses reasonable security measures to store and maintain personally identifying information to protect it from loss, misuse, alternation or destruction by any unauthorized party while it is under our control. We are not liable for any breach of this security in the event of system hacking.

QUESTIONS AND CONCERNS

If you have any questions about this TERMS AND CONDITIONS OF USE, or the practices of our site or services, please contact us via the contact form found at https://cpgtours.com