TERMS OF SERVICE
This Agreement is effective as of May 1, 2022. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE TO BOOK ANY TOUR SERVICES AND RESERVATIONS AFTER THE EFFECTIVE DATE.
We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Site and our Services after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ConExpress TOURS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
Any and all disputes, Claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of our Site, except for Claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with the American Arbitration Association (“AAA”) governing rules and procedures. In agreeing to arbitrate all Claims, you and ConExpress Tours waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate or international commerce and shall be governed by and construed and interpreted in accordance with the AAA rules. If for whatever reason the rules and procedures of the AAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted after the Effective Date of this Agreement and shall survive termination of your relationship with ConExpress Tours.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration- organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and ConExpress Tours. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that any judge in a court of law would have, provided that:
The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and
Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and ConExpress Tours agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and ConExpress Tours.
YOU AND CONEXPRESS TOURS AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor ConExpress Tours is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in the Governing Law section below. This provision does not prevent you or ConExpress Tours from participating in a class-wide settlement of claims.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide ConExpress Tours with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence, which should be provided in the manner outlined under the Notice Section.
Notwithstanding any provision in the Agreement to the contrary, we agree that if ConExpress Tours makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to ConExpress Tours.
Your Conduct on Our Site
As a condition of your use of our Site and Services, you agree that: (i) you are an individual person more than 18 years of age; and (ii) your use of this Site and our Services will at all times comply with the terms of this Agreement and all applicable laws.
BY USING THE SITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms of Service:
Attempting to, or actually accessing data not intended for you, such as logging into an account which you are not authorized to access;
Tampering or interfering with the proper functioning of any part, page or area of the Site;
Taking any action that places excessive demand on our Services, or imposes, or may impose an unreasonable or disproportionately large load on our infrastructure (as determined in our sole discretion);
Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; or
If you discover or suspect any violation of the above terms, please tell us about any problems or offensive content so that we can keep our Services and Site working properly. We may limit or terminate any of our Services and take technical or legal steps to keep users off our Site that are violating this Agreement, creating problems for other users, or acting in violation with the letter or spirit of our policies or any applicable laws.
Disclaimer of Warranties
This Site could include technical or other mistakes, inaccuracies, or typographical errors. WE MAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We may make changes to the materials and services on this Site, including the prices and descriptions of any of our listed Services, at any time without notice. The Service listings or other content on this Site may be out of date and we make no commitment to update such content or listings.
Through your use of the Site, you will have opportunities to engage in commercial transactions. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICE, CONTENT, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
We take great care when putting Service information, descriptions, and images on-line but will not be held responsible for any mistakes or omissions for any information given.
Account Set Up; Security and Password
When you book our Services, you will have the option to register and set up an account (your “Account”). To set up your Account, we need certain information about you, including your name, email address, a username, and a password (collectively, “Account Data”). Please keep your Account Data accurate, current, and secure at all times. You may update your Account Data any time by logging into your account at https://www.ConExpress.Tours.
You are solely responsible for maintaining the confidentiality of your Account Data and for any and all statements made and acts or omissions that occur through the use of your Account Data and Account.
Digital Signature; Electronic Records
By registering for an account on the Site, or by clicking to accept these Terms of Service when prompted on the Site, you are deemed to have executed this Agreement electronically; effective on the date of your registration, pursuant to the United States Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your execution of this Agreement constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments hereto.
In connection with this Agreement, you may be entitled to receive certain records, such as notices and communications, in writing. In addition, you give us permission to provide any records you may be entitled to electronically instead of in paper form.
Fees and Payment for Services
Creating an account and visiting our Site is free. All tour package prices are as listed on our Site and must be paid at the time of booking any Service.
All fees are quoted in United States Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on our Site. Our fees are non-refundable and if your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms.
In order to purchase our tour packages, you must provide a valid payment method. The Site makes the following methods of payment available: credit/ debit cards, and such other methods of payment as we may accept from time to time in our sole discretion (collectively, “Payment Methods”). You hereby authorize us to charge your Payment Method(s) (as applicable).
By providing Payment Method information through the Site, you represent and warrant that:
you are legally authorized to provide such information to us;
you are legally authorized to use the Payment Method(s); and
such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.
When you authorize a payment using a Payment Method via the Site, you represent and warrant that there are sufficient funds or credit available to complete such payment using your designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means. Additionally, we may cancel any purchased Services if your Payment Method fails.
Links to Other Sites
Where appropriate, ConExpress Tours may include links to other websites or organizations, such as our travel partners, convention websites and other informational websites. ConExpress Tours has no control over the contents or administration of other websites, and makes no warranties, either express or implied, or recommendations concerning the information contained on such websites.
You acknowledge and agree that ConExpress Tours shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party website or service.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
Product Reviews, Forum Posts and Submissions
ConExpress Tours welcomes reviews, comments, forum posts, and suggestions by its customers. Any reviews, posts, comments, suggestions, and submissions made by you shall become the exclusive property of ConExpress Tours. At the time the review, post, comment, suggestion, and/or submission is made it shall act as a full assignment to ConExpress Tours of all rights whatsoever (copyright and intellectual property). ConExpress Tours shall have the right to use said review, post, comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution, and the like without any compensation to you.
Please submit comments and suggestions to our Customer Service team at the address or email provided in the Notice section below. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
Intellectual Property Ownership
All the content on the Site (text, product names, images, videos, etc.) is the property of ConExpress Tours or our Affiliates. Any partial or total reproduction of this content, by any means, is subject to prior and express authorization by us. All materials, information, and content on our Site is protected by United States law concerning intellectual property ownership and copyright. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party constitutes a criminal offense, which is severely punished under applicable law.
Unauthorized Use of Materials
We respect the intellectual property of others, and we ask you to do the same. If you, or any user of this Site, believes its copyright, trademark or other property rights have been infringed by any content on this Site, you, or the user, should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Identify the material that you claim is infringing upon your copyrighted work
Your contact information, including an email address
Enough information, if possible, to permit us to notify the owner of the allegedly material or other content
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the notice
Send the written communication to the Designated Agent for Claimed Infringement at the following address:
[Designated Agent Name]
531 US HWY 22 EAST PMB 280
WHITEHOUSE STATION NJ 08889-0888
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site or our Services with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such Services or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.
Relationship of the Parties
This Agreement and any product purchases will not be construed as creating or implying any relationship of agency, partnership or joint venture between you and us. You do not have authority to enter into written or oral (whether implied or express) contracts on our behalf.
ConExpress Tours will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a distributor of ConExpress Tours to perform, fire, terrorism, natural disaster, pandemic, or war.
This Site (excluding any linked sites) is controlled by us from our offices within Whitehouse Station, New Jersey. By accessing this Site, you agree that the statutes and laws of New Jersey and the United States without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products and information available through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within New Jersey with respect to such matters.
Even though this Site may be accessible worldwide, we make no representation that content on this Site, including the products or Services available for purchase on this Site, is appropriate or available for use in locations outside the United States, and accessing the Site from territories where the content or our products are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any service or information made in connection with this Site is void where prohibited.
These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [ Team@conexpress.tours ], if by email, or at ConExpress Tours,
531 US HWY 22 EAST PMB 280 WHITEHOUSE STATION NJ 08889-0888 if by conventional mail.
Feedback and Comments
We welcome any comment, question, and communication at [Team@conexpress.tours]. Any reviews left on the Site are screened and moderated by our team. If the reviews infringe on any law or are inappropriate (abusive publicity, defamation, insults, out of context commentary, etc.), we reserve the right to delete such review.
If any violation of these Terms of Service occurs, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR DELETE ANY VIOLATING ACCOUNT AND TO TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.
As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, vendors, suppliers, distributors, partners, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.