Conditions of Use


TourAmerica


Welcome to Americans50Plus. Americans50Plus and its affiliates provide
their services to you subject to the following conditions. If you visit or
shop at Americans50Plus, you accept these conditions.
Please read
them carefully. In addition, when you use any current or future
Americans50Plus service or visit or purchase from any business affiliated
with Americans50Plus, whether or not included in the Americans50Plus
Web site, you also will be subject to the guidelines and conditions
applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to
Americans50Plus, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Americans50Plusor send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal
requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of Americans50Plus or its content suppliers
and protected by United States and international copyright laws.

The compilation of all content on this site is the exclusive property of
Americans50Plus and protected by U.S. and international copyright laws.
All software used on this site is the property of Americans50Plus or its
software suppliers and protected by United States and international
copyright laws.

TRADEMARKS

Americans50Plus, A50P, Americans Fifty Plus, and other marks indicated
on our site are registered trademarks of Americans50Plus, Inc. or its
subsidiaries, in the United States and other countries. Service names
are trademarks or trade dress of Americans50Plus, Inc. or its subsidiaries.
Americans50Plus's trademarks and trade dress may not be used in
connection with any product or service that is not Americans50Plus's, in
any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Americans50Plus. All other trademarks
not owned by Americans50Plus or its subsidiaries that appear on this site
are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Americans50Plus or its
subsidiaries.

LICENSE AND SITE ACCESS

Americans50Plus grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it,
or any portion of it, except with express written consent of Americans50Plus.
This license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Americans50Plus. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of
Americans50Plus and our affiliates without express written consent. You may
not use any meta tags or any other "hidden text" utilizing Americans50Plus's
name or trademarks without the express written consent of Americans50Plus.

Any unauthorized use terminates the permission or license granted by
Americans50Plus. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Americans50Plus so
long as the link does not portray Americans50Plus, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Americans50Plus logo or other
proprietary graphic or trademark as part of the link without express
written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. Americans50Plus does sell
products for children, but it sells them to adults, who can purchase with
a credit card. If you are under 18, you may use Americans50Plus only
with involvement of a parent or guardian who is a member of
Americans50Plus.

Americans50Plus and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their
sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards
and other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin
of a card or other content. Americans50Plusreserves the right (but not
the obligation) to remove or edit such content, but does not regularly
review posted content.

If you do post content or submit material, and unless we indicate
otherwise, you grant Americans50Plus and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such content throughout the world in any
media. You grant Americans50Plus and its affiliates and sub-licensees the
right to use the name that you submit in connection with such content,
if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy
and will not cause injury to any person or entity; and that you will
indemnify Americans50Plus or its affiliates for all claims resulting from
content you supply. Americans50Plus has the right but not the obligation
to monitor and edit or remove any activity or content. Americans50Plus
takes no responsibility and assumes no liability for any content posted by
you or any third party.

COPYRIGHT COMPLAINTS

Americans50Plus and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a any that
constitutes copyright infringement, please contact our Webmaster.

RISK OF LOSS

All items purchased from Americans50Plus are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Americans50Plus and its affiliates attempt to be as accurate as possible.
However, Americans50Plus does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by Americans50Plus itself is not as
described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on
our website represents the full retail price listed on the product itself,
suggested by the manufacturer or supplier, or estimated in accordance
with standard industry practice. The List Price is a comparative price
estimate and may or may not represent the prevailing price in every area
on any particular day. For certain items that are offered as a set, the
List Price may represent "open-stock" prices, which means the aggregate
of the manufacturer's estimated or suggested retail price for each of the
items included in the set. Where an item is offered for sale by one of our
merchants, the List Price may be provided by the merchant.

With respect to items sold by Americans50Plus, we cannot confirm the
price of an item until you order; however, we do NOT charge your credit
card until after your order has entered the shipping process. Despite our
best efforts, a small number of the items on our site may be mis-priced.
If we discover a mis-pricing, we will do one of the following:

  •  If an item's correct price is lower than our stated price, we will
     charge the lower amount and ship you the item.
  •  If an item's correct price is higher than our stated price, we will,
     at our discretion, either contact you for instructions before
     shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by
Americans50Plus. Your purchases from third-party sellers using
Americans50Plus Payments are charged at the time you place your order,
and third-party sellers may follow different policies in the event of a
mis-priced item.

OTHER BUSINESSES

Parties other than Americans50Plus and its subsidiaries operate stores,
provide services, or sell product lines on this site. In addition, we provide
links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any of these businesses or individuals or the
content of their Web sites, although any linked parties are verified before
links are established. Americans50Plus does not assume any responsibility
or liability for the actions, product, and content of all these and any other
third parties. You should carefully review their privacy statements and
other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY AMERICANS50PLUS ON AN "AS IS"
AND "AS AVAILABLE" BASIS. AMERICANS50PLUS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
AMERICANS50PLUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

AMERICANS50PLUS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM AMERICANS50PLUS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. AMERICANS50PLUS WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Americans50Plus, you agree that the laws of the state of
Kansas, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between
you and Americans50Plus or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Americans50Plus or to
products you purchase through Americans50Plus shall be submitted to
confidential arbitration in Overland Park, Kansas, except that, to the
extent you have in any manner violated or threatened to violate
Americans50Plus's intellectual property rights, Americans50Plus may seek
injunctive or other appropriate relief in any state or federal court in the
Counties of Johnson or Wyandotte in the State of Kansas, and you
consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also
govern your visit to Americans50Plus. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Notice and Procedure for Making Claims of
Copyright Infringement

If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Americans50Plus's
copyright agent the written information specified below. Please note
that this procedure is exclusively for notifying Americans50Plus and its
affiliates that your copyrighted material has been infringed.

  •  An electronic or physical signature of the person authorized to
     act on behalf of the owner of the copyright interest;
  •  A description of the copyrighted work that you claim has been
     infringed upon;
  •  A description of where the material that you claim is infringing is
     located on the site, including the auction ID number, if applicable;
  •  Your address, telephone number, and e-mail address;
  •  A statement by you that you have a good-faith belief that the
     disputed use is not authorized by the copyright owner, its agent,
     or the law;
  •  A statement by you, made under penalty of perjury, that the
     above information in your notice is accurate and that you are the
     copyright owner or authorized to act on the copyright owner's behalf.

Americans50Plus's Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows:

Copyright Agent:
Americans50Plus Legal Department
e-mail: copyright@Americans50Plus

Courier address:
Copyright Agent
Americans50Plus Legal Department
PO Box 23796
Overland Park, Kansas 66283 USA
 
      In order to learn more information about our products
     and services, and take advantage of association pricing,
      a membership is required.  To become a member, click
      HERE, or on the button above labeled "Membership"

                                We are available between the hours of 9:00 AM and 4:00 PM (Central Time)
                                       Monday through Friday at 
1 877-262-6040.  If you receive our answering 
                                       service, please leave a message and your number so we may call you back.

                  
       Americans
50Plus, Inc., P.O. Box 23796, Overland Park, KS 66283

                         
Copyright © 2005-2010 by Americans50Plus, Inc., Thomas & Metcalf All rights reserved. Reproduction prohibited.
                   
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                                                                       Site Last updated: Monday, September 24, 2007