Page last updated March 13, 2012 The Build Your Tour LLC ("BYT") Acceptable Use Policy intends to describe both (1) the acceptable use of the services BYT provdes via the buildyourtour.com website and (2) the acceptable use of implementing the purchased BYT plan. We trust you to use BYT Services responsibly. You agree not to misuse BYT Services. For example, you must not, and must not attempt to, use the Services to do the following things.
- use BYT Service to lure or attempt to lure persons to a location or away from a location for unlawful purposes;
- plant malware or otherwise use the Services to distribute malware;
- access or search BYT Services or website by any means other than publically supported search engines and capabilities;
- use BYT website to send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "phishing";
- publish anything on a BYT website public area that is fraudulent, misleading, or infringes another's rights;
- promote or advertise products or services on BYT website public areas without an "affinity partnership" agreement in effect with BYT;
- impersonate or misrepresent your affiliation with any person or entity;
- publish or share materials on the BYT website that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- violate the law in any way, or to violate the privacy of others, or to defame others.
Release and Waiver of Liability, Assumption of Risk, Hold Harmless, and Indemnify
In addition, in exchange for BYT's provision of a "travel plan" to you, you acknowledge that cycling, hiking or any activity included in your BYT plan is inherently dangerous; participation in such activities is inherently dangerous; your participation in such activities is recreational and not essential nor required; such activities may be physically demanding and require cardio-respiratory stress; such activities may take place under hazardous conditions, including, but not limited to, wet and slippery roads, winds, altitude and temperature fluctuations; you may suffer injuries and property damage as a result of inherent dangers or the negligence of other persons; and that you may cause injuries to others and property damage as a result of inherent dangers or as a result of your own negligence.
You agree (for yourself and any and all members of your travel group):
- To assume all the risks of participation in the activities described in your BYT plan, including inherent dangers and negligence.
- To fully release, discharge, hold harmless and indemnify Build Your Tour, its managers, members, employees, agents, and associates from any and all claims arising from your participation in the activities described in your BYT plan, whether such claims arise from inherent dangers or negligence or both.
- To acquire and wear proper, well-fitting safety equipment (for example, but not limited to, ANSI- or SNELL-approved bicycling helmet); and to be responsible for ensuring that all of your equipment, including clothing and equipment for your planned activities is in good condition and adequate for all weather conditions and situations.
- That you understand the BYT Refund and Cancellation policy.
- That you do not have a physical or mental condition that might endanger yourself or other participants; that neither
Build Your Tour, nor its associates is obligated to provide medical care to you or any member of your travel group; and that you and all members of your travel group have medical insurance.
- That Build Your Tour offers no guarantee of, and will not issue refunds based on availability and quality of accommodation or facilities;
- That Build Your Tour offers no guarantee of, and will not issue refunds based on availability, accuracy and quality of road, or trail, routes or of road or trail conditions.