Terms & Conditions
Agreement between The Roman Guy and its users/clients.
These Terms and Conditions (“Terms”) govern access to and use of The Tour Guy (“TTG,” “we” or “us”) websites, including but not limited to https://theromanguy.com, https://thetourguy.com (collectively, the “Site”), and services, including but not limited to vacation, event and accommodation booking, guided tours, and any other services and products offered on the Site (collectively, the “Services”), by Site visitors and individuals who contract for, pay for, or otherwise utilize the Services provided by TTG (“User(s)”). As used herein, the terms “The Tour Guy” and “TTG” shall refer to The Tour Guy, The Roman Guy. Users may be referred to in these Terms as “you” and “your” as applicable. For the avoidance of doubt, all references to the “Site” in these Terms also includes any Services offered through the Site.
1. Acceptance of Terms
1.1 If you do not agree to the Terms, please do not use the Site. By using the Site, and/or by making a booking with TTG, you acknowledge that you have read, understood and agree to these Terms. These Terms, along with the conditions and policies set forth on the Site and in your Booking Confirmation, constitute the entire agreement between yourself and TTG. As used herein, the term “Booking Confirmation” shall mean a statement sent by TTG via email or text to you, which confirms the details of your booking through the Site.
1.2 Please check these Terms periodically for changes. TTG reserves the right to change these Terms without notice. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes
1.3 IMPORTANT NOTICE: THESE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS IN SECTION 26. PLEASE READ CAREFULLY.
By using the Site, you represent and warrant that you are 18 years of age or older and competent to agree to these Terms. The Site is not available for use by anyone under the age of 18. If you are agreeing to these Terms on behalf of an organization, entity, or other group of individuals, you represent and warrant that you are authorized to agree to these Terms on that organization, entity or group’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization, entity, or group).
4. Payments and Pricing; Promo Codes
4.1 Prices are listed on the Site in Euros, but they may also be viewed in US Dollars. All payments must be made in US Dollars, and all sales are considered as having been made in the State of Florida, United States. Foreign Exchange rates (“FX rates”) are built into pricing using a secure system, which updates once per day. The FX rates used on the Site are non-negotiable. Given that FX rates change throughout the day, our FX rates may differ from other FX rates stated on third-party sites. Please contact your credit card company directly if you are concerned about your bank charging you additional fees for making a purchase in a foreign currency.
4.2 The Tour Guy accepts the following credit cards: Mastercard, Visa, Discover, UnionPay, JCB, and American Express. All credit card processing fees are built into our prices, and TTG will not charge you any additional fees for credit card processing at checkout. Full payment by credit card is required to make a reservation. Payment will be listed as “The Tour Guy” on your credit card statement.
4.3 Subject to Paragraph 4.4. below, prices are fixed at the time of booking and generally will not be subject to surcharges; however, you may be required to cover any price increases resulting from actions by the government, institution, or organization that oversees and/or governs the tour location, or as a result of additions or changes to the exhibits at museums. Please note that while TTG always aims to avoid price increases, TTG reserves the right to charge Users additional amounts to cover such unexpected price increases.
4.4 Promo codes and special offers are subject to the explicit terms contained in the advertisement, email, or mailing for such codes and offers. Additionally, the following terms apply: (a) only one promo code may be used for a single booking; (b) promo codes may only discount the purchase price by the stated amount in the advertisement, email, or mailing, any additional inadvertent discount resulting from computer or human error will result in TTG requesting additional payment to cover the difference between the intended discount and unintended additional discount, and refusal by the User to pay the additional amount will result in cancellation of the booking; (c) the “SAVE 5” promo code DOES NOT apply to the Colosseum Underground and Colosseum night tours; (d) promo codes may only be used by the individual who was addressed as the recipient of the email or mailing that contained the promo code; and (e) promo codes may not be used on completed or past bookings.
4.5 Standard message and data rates may apply for any calls, text messages or e-mails with TTG. These would be charged by, and be payable by you, to your mobile service provider, or other internet or data provider. As mobile access, email delivery and text message delivery are subject to your carrier network availability, as such access and delivery is not guaranteed.
5. Modifications to Existing Tour Bookings
5.1 All requests to modify existing bookings and reservations must be directed to the TTG Customer Experience Team using one of the following methods: via email to firstname.lastname@example.org by telephone or text at 1-888-290-5595; or using our webform at https://thetourguy.com/contact/.
5.2 For all tours other than any tour which includes the Colosseum, including Rome in a day, TTG will make best efforts to accommodate a request to modify an existing booking without charging an additional fee, so long as the modification request is received by our Customer Care team more than twenty-four (24) hours in advance of the scheduled local start time of the tour. An additional fee will only be charged in the event that the request requires additional tickets to be purchased. For any tour that includes the Colosseum, including Rome in a day, modification requests must be made thirty-five (35) days prior to the date of the tour.
5.3 TTG reserves the right to cancel, change or substitute any tour that you have booked on the Site, at any time, for any reason.
6. Cancellation Policy
6.1 You are permitted to cancel your booking with TTG. All cancellation requests must be made through the My Orders page on the Site or submitted by email to email@example.com. Whether TTG will issue a refund depends on two things (a) the type of tour booked, and (b) the timing of the cancellation request. See Paragraphs 6.2-6.4 below. TTG will use best efforts to issue you a refund with no additional fee, but TTG may have to charge a cancellation fee in certain cases, which will be deducted from your refund. Cancellation fees vary depending on the tour, circumstances of the cancellation, and costs incurred by TTG as a result of the cancellation. Some tours require the purchase of a ticket in advance, and this cost may be factored into the cancellation fee. TTG’s cancellation policy applies to cancellations due to travel delays and unforeseen circumstances, so TTG strongly recommends that you purchase travel insurance for your trip.
6.2 For all small group tours and activities, except tours that includes the Colosseum, Rome in a day, or when tickets are sent to the user in advance, TTG will issue you a cash refund of your purchase price minus any cancellation fee, so long as the cancellation request is received by TTG at least twenty-four (24) hours before the start of the tour, as stated in your booking.
6.3 For private tours and activities, TTG will issue you a cash refund of your purchase price minus any cancellation fee, so long as the cancellation request is received by TTG at least seven (7) days before the local start time of the tour, as stated in your booking.
6.4 For any tour that includes the Colosseum, including Rome in a day, all cancellation requests must be submitted thirty-five (35) days prior to the date of the tour. Colosseum tickets are released one month in advance of the tour date. Our dedicated Ticketing and Procurement team will work to secure the tickets. If tickets are secured in your name, tours that include a Colosseum ticket, including Rome in a day, are non-refundable and non- transferable.
7. Force Majeure (Including Pandemic and War)
7.1 If TTG is forced to cancel a booking, including any Tours or Tickets, due to a Force Majeure Event (defined below), TTG will issue you a credit voucher equal to your purchase price. For purposes of these Terms, a “Force Majeure Event” means any significant interfering event outside of the Parties’ control which renders the obligations of the Parties impossible, impracticable, or unsafe, including, but not limited to, acts of God, war, the closing of international airports, riots, civil strife, labor difficulties, epidemics, pandemics, natural disasters, fire, accidents, death, or government orders.
7.2 Credit vouchers and gift cards are not redeemable for cash value. Credit vouchers and gift cards are valid for 36 months from the date of receipt.
8. Time and Date Changes by TTG
8.1 All date and times listed on the Site represent the local time of that specific travel destination, and not the User’s time zone. Sometimes, tours are subject to sudden and unexpected changes. Therefore, TTG reserves the right to change the start time, date, or meeting point of any tour or service you book through TTG. TTG will notify you of such changes by email, phone, and/or text phone using the information you provided during booking. For this reason, customers are required to insert valid/working phone numbers and emails. TTG will not be responsible for failed communications due to invalid phone numbers and/or emails.
8.2 Tours that are more susceptible to sudden time changes include but are not limited to: any tour or Service relating to the Colosseum. If any scheduling changes are unacceptable to you and there are no viable alternatives, with the exception of any tour including the Colosseum and Rome in a day, TTG will offer you a cash refund of your purchase price.
9. Disclaimer of Loss or Damages for Lost or Stolen Property
TTG is not responsible for any loss, damage, or injury that occurs during the use of Services, during the travel to or from its Services, as a result of any actions of third-party individuals or organizations, or as a result of the conditions of the toured premises or other locations and facilities used during your trip. Examples of such losses, damages, or injuries include, but are not limited to lost, stolen, or damaged baggage and personal items, assault, slips and trips, vehicle accident, illness, acts of terrorism, and spontaneous gladiatorial events and/or the events from the book of Revelations in the bible. TTG is not responsible for the actions of its third-party service providers, such as drivers, guides and partner tour operators. However, TTG partners with reliable and professional transportation service providers, guides and partner tour operators and will ensure that all drivers are properly insured and licensed. It is the responsibility of each participant to keep a watchful eye on their personal effects.
10. Travel Insurance
TTG recommends that you purchase travel insurance. TTG may recommend an insurance provider, but any such recommendation shall not constitute any form of representation, warranty, guarantee, surety, or other contract or assurance as to the services provided by such insurance provider. In making a recommendation, TTG is not acting as an agent of either the User or the insurance provider, and in no case shall TTG intervene, take responsibility for, or otherwise participate in any future claims or disputes between the User and the insurance provider.
11. Special Assistance
If you or someone that you are traveling with requires special assistance or accommodation due to disability, mobility issues, dietary restrictions or other impairments, please notify TTG and request special assistance or accommodation at the time of booking. TTG will make reasonable efforts to accommodate special requests, but cannot guarantee that accommodations will be made. Not all historical sites are equipped for those with mobility issues. Travelers should know that handicap access is not required in certain countries as it is in the United States. Some sites, such as The Roman Forum, will be difficult to access for those in wheelchairs. Additionally, tour guides cannot and will not be responsible for providing personal assistance. For these reasons, TTG strongly recommends that any traveler requiring special assistance or accommodation schedule a private tour and be accompanied by a companion or aid who is responsible for providing all necessary assistance. A private tour will provide the most flexibility with times and tour routes can be modified to address your specific needs.
12.1 Any minor child (under the age of 18) who participates in a TTG Tour, or other Service must be accompanied by an adult. The accompanying adult is responsible for supervising the minor throughout the entire duration of the Service.
12.2 It is your sole responsibility to book the correct number and type of travelers, including without limitation, the age of the travelers at the time of booking the tour or experience. Any incorrect or misrepresented guest information provided by you to TTG at time of booking could result in TTG having to charge you for additional fees in order to organize or make changes for the correct type of ticket for the tour or experience.
13. Holidays and Closures
TTG conducts research and plans its tours to avoid cancellations due to holidays and closures. However, most museums in the countries we operate reserve the right to close immediately without prior notice, for any reason. TTG does not take responsibility for sudden closures at the direction of the government or tour site staff and management or interferences by labor strikes, protests, or other events outside the control of TTG. TTG will make best efforts to reschedule any affected tours, but this cannot be guaranteed.
Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site and Services for your non-commercial personal use, and only as expressly permitted in these Terms. You shall not use or permit use of the Site or Services for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a direct competitor of TTG, you may not access or use the Services without TTG’s explicit, advance, written consent, and then only for the purposes authorized in writing. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Without limiting the foregoing, you may not: (1) interfere with others’ use of the Site or Services; (2) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (3) interfere with TTG’s exercise of its intellectual property rights; (4) frame or otherwise co-brand the Site or any content on the Site; (5) deep-link to any portion of the Site; or (6) use the Site or Services for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site and Services, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
15.1 You acknowledge and agree that the Site contains certain information, such as text, graphics, images, videos, links, and other materials (collectively, “TTG Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and TTG, TTG is the owner of TTG Content. You may not reproduce, distribute, republish or retransmit any TTG Content or materials posted at the Site except as expressly permitted herein. Except as expressly authorized by TTG herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or TTG Content. Systematic retrieval of data or other TTG Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TTG is prohibited.
15.2 The information contained on the Site is for general informational purposes only. The information is provided by TTG, and, while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will TTG be liable for any loss or damage, direct or indirect, arising from or in connection with the use of the Site.
16. Site User Information
When you post content on the Site or provide information to TTG, such as reviews or survey feedback (“User Content”), it belongs to you; however, you grant permission to TTG to use that content in connection with our Site. Accordingly, you grant TTG a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit the User Content in connection with our Site and Services. You represent and warrant that you have all the necessary rights to grant TTG the foregoing license for all User Content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty.
17. Third Party Sites/Information
The Site may provide links to, or information gathered from, other sites on the Internet. TTG makes no representations whatsoever about these sites or this information. Other sites linked to the Site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply TTG’s endorsement of any such sites or any association between TTG and these other sites’ operators. These sites are not under the control of TTG, and you acknowledge that TTG, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that TTG, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Site, or your transmission of information, including personal data, to third-parties through such other sites.
18. Posting Guidelines
TTG may host message boards, blogs, chats, and other public forums on the Site and TTG’s social media accounts. Message boards, blogs, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site. These are public forums and any information that you post on the Site may be seen by anyone on the Internet. You agree not to post any defamatory, abusive, profane, threatening, offensive, or illegal materials or information. You also agree not to post statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning. You also agree not to post any information or material protected by copyright, trademark or other proprietary right without the permission of the copyright, trademark, or proprietary right owner. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such user’s submission or post. In addition, you grant TTG and users of the Site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such posted information or materials.
19. User Warranties.
User hereby represents and warrants to TTG that: (a) you have all requisite rights and authority to use the Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the Services associated with your bookings; (c) you agree that TTG will not be liable for any losses incurred as a result of a third party’s actions; (d) you will use the Services for lawful purposes only and subject to these Terms; (e) any information, including documents, that you submit, upload, or send to TTG is true, accurate, and correct; and (f) you will not attempt to gain unauthorized access to the Site or the Services, other accounts, computer systems, or networks under the control or responsibility of TTG through hacking, cracking, password mining, or any other unauthorized means.
20. Disclaimer of Warranties.
THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE AND SERVICES ARE PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TTG, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability
Under no circumstances shall TTG, its affiliates, or its licensors be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if TTG has been advised of the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Site or the Services (ii) your reliance on advice, information, or other content on the Site; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Site; or (vi) any other material relating to the Site. TTG, its affiliates and its licensors shall only be liable to the extent of actual damages incurred by you, not to exceed the purchase price received by TTG for the service giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TTG has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages TTG’s liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify and hold TTG and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from (a) your access to and use of the Site and Service; or (b) violation of these Terms by you. TTG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TTG in asserting any available defenses.
23. International Use
Accessing the Site from territories where the content or materials on the Site are illegal is prohibited. If you access the Site from locations outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
24. Copyright Policy
TTG respects the intellectual property rights of others and expects visitors to its Site to do the same. TTG will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to TTG using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
TTG reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. TTG may also terminate a User’s account or access to the Site if the user is determined to be a repeat infringer. TTG’s designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at firstname.lastname@example.org.
25. Mandatory Arbitration, Waiver of Class Actions; Choice of Law
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
25.1 Scope. This Section 26 is intended to be interpreted broadly and governs any and all disputes between TTG and Users, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms and claims that may arise after the termination of these Terms (“Claims”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property disputes as provided below.
25.2 Pre-Arbitration Procedure. We hope that we can resolve any disputes with you without resorting to arbitration. If you have an issue or a complaint, you agree to contact us a email@example.com before taking formal action in accordance with Paragraph 26.3. In your contact, please provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account). TTG agrees to use reasonable efforts to address your issue or complaint.
25.3 Binding Arbitration. If, after engaging in good faith negotiations, we cannot reach an agreed-upon solution with you within sixty (60) days, then either party may initiate binding arbitration as the sole means to resolve Claims (except as provided below) subject to these Terms set forth below. You agree that any and all Claims shall be resolved by binding arbitration in accordance with the Consumer Arbitration Rules, as applicable, of the American Arbitration Association (“AAA”), having an address at 220 Davidson Avenue, 1st Floor, Somerset, New Jersey, 08873, or its successor. Information about AAA, including its rules and procedures, can be found at www.adr.org. If AAA, or its successor, is unable to arbitrate a particular Claim, then that Claim shall be resolved by binding arbitration pursuant to the rules and procedures of an equivalent organization as mutually agreed by the parties. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate and the Terms, including but not limited to, any claim that all or any part of this agreement or the Terms is unenforceable. All fees charged by AAA, or its successor, shall be paid in accordance with the fee schedule under the Consumer Arbitration Rules, as applicable. All fees charged by any other equivalent organization as mutually agreed by the parties shall be paid in accordance with the rules and procedures of the equivalent organization. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and shall survive settlement. EXCEPT AS MAY BE PROVIDED IN AAA’S CONSUMER DUE PROCESS PROTOCOL THAT ALLOWS CONSUMERS TO FILE CERTAIN CLAIMS IN SMALL CLAIMS COURT, YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.
25.4 Class Action Waiver. You and TTG expressly waive the right to file a class action or seek relief on a class basis. YOU AND TTG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
25.5 Intellectual Property Exclusion. Notwithstanding the parties’ decision to resolve all disputes through arbitration, TTG may bring enforcement actions, validity determinations, requests for emergent relief, including temporary restraining orders or preliminary injunctions, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights in the Site.
25.6 Survival. This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site.
25.7 Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its conflict of laws principles. Any action or proceeding by TTG to enforce these Terms under Section 26 shall be brought in a state or federal court located in New Jersey. User irrevocably submits to the exclusive jurisdiction of such courts and waives the defense of inconvenient forum to the maintenance of any such action.
26. Modifications to Site and Services
TTG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or services offered through the Site, including the Services, with or without notice. You agree that TTG shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Site or some or all of the services offered through it.
27. Severability and Integration
28. Contact Information
If have any questions or should you need any additional information about issues relating to the Site, please contact us at firstname.lastname@example.org.