StLTour.com
Terms and Conditions
Thank you for visiting StLTour.com, owned and operated by Direct Marketing Audit Systems. Direct Marketing Audit Systems may be referred
further in this document as “DMAS”, "we", "us", or "our", and the StLTour.com Website, as "Website" or “Site”. These Terms and Conditions are effective for the Websites, Products, and
Services that fall under the StLTour.com domain.
Notice: Please read the following carefully before using the Site or otherwise accessing the Content or Services available through it.
By using the Site, you accept the following Terms and Conditions and any additional guidelines, restrictions, or rules that may be
posted in connection with specific sections or Services of this Site. All such additional posted guidelines, restrictions, or rules are
hereby incorporated by reference into these Terms and Conditions. If you do not accept these Terms and Conditions, do not continue to use
the Site or otherwise access any of the Content or Services available through the Site.
DMAS reserves the right, for any reason, at its sole discretion, and without notice to (i) terminate, change, suspend or discontinue any aspect
of the Services, the Content and the Site (including features and hours of availability) and (ii) impose limits on certain features of the Site
or restrict your access to part or all of the Site.
User Conduct
You agree to use this Site in a manner that is in full compliance with the Terms and Conditions and with all applicable laws and regulations.
Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or
use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark,
service mark or other intellectual property right of any person or entity. You agree that you will not use the Site for any purposes
that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. DMAS may
terminate its Service to customers found to be using this Site to engage in any activities that violate applicable laws and regulations or the
Terms and Conditions.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into
your Webpages hosted by Us. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work
of any third party in your Webpages unless you have obtained the appropriate authorizations from the owners. You warrant that your Webpages do not
infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any
third party, and that you have all required rights or permissions necessary to incorporate third party material into your Webpages.
We reserve the right to review the Webpages customers create on our Site and to remove (and/or suspend the Services with respect to) any
materials that We believe may be illegal or otherwise improper. We also reserves the right to require proof that you are authorized
to distribute the Content developed with the Services.
Your Account
Use of portions of the Site and Content requires that you open an account. You must complete the registration process by providing us with current,
complete, and accurate information as prompted by the applicable registration form. Your user name will be a unique, valid and currently
used email address that you provide to us. You also will choose a password.
As a Registered User, you agree that you are responsible for protecting your password and controlling access to your registered account.
You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You agree that your use of the Site is not to be used for the benefit of any third party. We will not be liable for any loss that you may
incur as a result of someone else using your password or account, either with or without your knowledge. You agree to indemnify, defend,
and hold harmless DMAS for losses incurred by Us or another party due to someone else using your account or password. You agree to
notify us immediately of any unauthorized use of your account or any other breach of security. You may not use anyone else's account at
any time, without the permission of the account holder.
Our Services
If you breach any of the Terms and Conditions, your authorization to use the Site and the Services automatically terminates and you must
immediately destroy any of the Content you have downloaded or otherwise obtained. Please note that in providing the Services, DMAS
neither makes any representation or guarantee as to the results you will achieve from using the Services.
Disclaimer of Warranties and Limitation of Liability
The Site is provided by DMAS on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or
implied, as to the operation of the Site or the information, Content, materials, or Products included herein. You expressly agree that
your use of this Site is at your sole risk.
To the full extent permissible by applicable law, DMAS disclaims all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular application. DMAS does not warrant that this Site, its servers, or e-mail sent
from the Site are free of viruses or other harmful components. DMAS 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.
Further, DMAS does not warrant, guarantee, or make any representations regarding the use of or the results of the use of the Site or the
Services in terms of correctness, accuracy, reliability, or otherwise; and does not warrant that the operation of the Site, the Services, or any
of the software will be uninterrupted or error free. You are solely responsible for the correctness and accuracy of any information
furnished to us by you for incorporation into your work on our Site.
To the maximum extent permitted by applicable law, in no event shall DMAS (including its directors, officers, employees, and agents) be liable
for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings,
business interruption, lost business information, or any other damages arising out of the use or inability to use the Site, the Services, or any of the software)
even if DMAS has been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this
allocation of risk. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall Our liability
to you for any matter arising under or relating to your use of the Site, the Content, or the Services exceed the total amount you paid to Us
with respect to the particular Services giving rise to the claim.
Indemnification
You agree that you shall indemnify and defend DMAS and all parties from whom DMAS has licensed portions of Content, and their directors,
officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out
of or related to (i) your breach of the Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text,
image, graphic or other material you incorporated into your work on the Site that was not part of the standard Site Content.
User Information
As part of your use of the Site, you may provide certain information to DMAS or other users of the Site. Except for applicable credit
card and related information, any information or material you transmit to the Site or otherwise provide to Us is considered non-confidential
and non-proprietary and DMAS has no obligations of confidentiality with respect to the same. You acknowledge and agree that you are
solely responsible for the accuracy and content of all information provided by you.
Links To Other Sites
Links to third party websites on the Site may be provided solely as a convenience to you. If you use these links, you may leave the StLTour.com
Website. We have no control over, and are therefore not responsible for, any of these third party sites or their content. Thus, DMAS does not
endorse or make any representations about them, any information, software, or other products, materials, or services found there, or any results that may
be obtained from using them. If you decide to access any of the third party sites linked from this Site, you do so entirely at your own risk.
Site Administration
DMAS administers the Site from its offices in Saint Louis Missouri. We make no representation that the Site, the Content, or
any Services are appropriate or available for use outside the United States, and access to them from nations or other jurisdictions where their
contents are illegal is prohibited. You may not use or export or re-export the materials at the Site or any copy or adaptation in
violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access the Site from
outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
General Provisions
These Terms and Conditions comprise the entire agreement between you and Us concerning the use of the StLTour.com Website and Services, and
supersede all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with our
Site, Products, or Services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms
and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the
maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full
force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver
of such right or provision. You agree that any cause of action arising out of, or related to, our Site, Products, or Services must
commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and
Conditions will be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of
conflicts of laws. All disputes arising hereunder shall be exclusively decided by the Courts of St. Louis County, Missouri, or if
applicable, of the Eastern District of Missouri; and you agree to the exclusive jurisdiction of said courts. All provisions in our Terms
and Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any
termination of our Terms and Conditions or your use of the Site, Products, or Services. Where the context so indicates, a word in the
singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms
(e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more
specific items, are used by way of example and not of limitation.
CONTACTING US
If you have questions regarding our Legal Statement, its implementation, and/or our general practices, please contact us by clicking the
Contact Us link, or send your questions or comments to:
Direct Marketing Audit Systems
c/o StLTour.com support
3159 Fee Fee Rd., Ste. 221
Bridgeton, MO 63044