Terms and Conditions

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Last Updated: 12 April 2024

Welcome to www.amemoryoftomorrow.com which is operated by Doyenne Global LLC. ("Doyenne Global," "we," "us" or "our"). These terms and conditions of use (these "Terms") apply to your use of  www.amemoryoftomorrow.com or any successor website of A Memory of Tomorrow (the "Site") and any services or content made available through the Site (collectively, with the Site, the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise. Customers and distributors of A Memory of Tomorrow's products and services may be subject to additional terms and conditions.

Accepting these Terms

BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ACCESSING OR USING OUR SERVICES ON BEHALF OF ANOTHER PERSON (SUCH AS USING THE SERVICES TO BOOK A TOUR FOR MULTIPLE PEOPLE OR GROUPS), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON OR GROUP'S BEHALF.  IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW.  IF YOU DO NOT AGREE TO THESE TERMS, IN PARTICULAR THE TERMS RELATED TO MEDICAL INFORMATION OR ARBITRATION, DO NOT ACCESS OR USE THE SERVICES.

Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, providing you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Services after we have posted the changed Terms, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect, use and share information about users of the Services, please see our Privacy Policy.

Right to Use the Services

On the condition that you fully comply with these Terms, A Memory of Tomorrow grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services or any contents of the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Services; or (f) attempt to gain unauthorized access to the Services or its related services, components, systems or networks.

A Memory of Tomorrow's Rights

As between you and A Memory of Tomorrow, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, logos and trademarks (including A Memory of Tomorrow), images, software, services, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by A Memory of Tomorrow or is used with permission. A Memory of Tomorrow reserves all rights not expressly set forth in these Terms.

Downloadable Content

A Memory of Tomorrow may permit you to download certain tip sheets, packing lists or other content from any Services ("Downloadable Content"). For clarity, Downloadable Content includes only content that A Memory of Tomorrow specifically designates on the Services as available for download by users, even though you may be able to copy or download other content through your web browser or by other means. Downloadable Content does not include any software that A Memory of Tomorrow may allow you to download from any Services (the use of such software is governed by the agreement you accept when you download, install, register or use such software). A Memory of Tomorrow grants you a non-exclusive, non-sublicensable, non-transferable license to download, reproduce and use the Downloadable Content for your own non-commercial and personal use only, provided that you use the Downloadable Content (a) in accordance with applicable law, (b) in a manner that does not disparage or otherwise harm any of A Memory of Tomorrow's products, services or brands, and (c) otherwise in accordance with the usage guidelines and instructions that A Memory of Tomorrow may make available on the Services from time to time. Without limiting the foregoing, you may not use any Downloadable Content for any business or other commercial purposes (business or commercial purposes does not exclude use for purposes of seeking employment through the Services) without A Memory of Tomorrow's prior written approval. You are solely responsible for your use of Downloadable Content. All goodwill arising from your use of the Downloadable Content will inure solely to the benefit of A Memory of Tomorrow. A Memory of Tomorrow may revoke this license at any time.

Third Party Materials

We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). We do not control or endorse any Third-Party Materials nor are we responsible for reviewing the accuracy of any Third-Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third-Party Materials, are solely between you and the applicable third party. A Memory of Tomorrow's bloggers are independent contractors and not employees of A Memory of Tomorrow. Third Party Materials may also include, but not be limited to,links to third party websites or services that we recommend for purchasing A Memory of Tomorrow's products and services. When you leave the Services, you should be aware that these Terms and all other A Memor of Tomorrow policies no longer govern your use of other websites and services.

Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, A Memory of Tomorrow has adopted a policy of terminating, in appropriate circumstances and in A Memory of Tomorrow's sole discretion, subscribers or account holders who are deemed to be repeat infringers. A Memory of Tomorrow may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Designated Agent:  Doyenne Global Legal Department

Address of Designated Agent: Doyenne Global, Attn: Copyright Infringement, 1037 NE 65th St #81454, Seattle WA 98115

Email Address of Designated Agent: webmaster@amemoryoftomorrow.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Feedback

Any suggestions, comments or other feedback you give us about the Services or any A Memory of Tomorrow products and services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Indemnification

You agree to defend, indemnify and hold harmless A Memory of Tomorrow, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the "A Memory of Tomorrow Parties"), from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of your use of the Services, including without limitation any actual or threatened suit, demand or claim arising out your violation of these Terms or your violation of the rights of any third party.

Disclaimers

THE SERVICES AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL A MEMORY OF TOMORROW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF A MEMORYOF TOMORROW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF A MEMORYOF TOMORROW'S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES MAY NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO A MEMORYOF TOMORROW FOR ACCESS TO OR USE OF THE SERVICES.

Release

To the fullest extent permitted by applicable law, you release the A Memory of Tomorrow Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the Services or violation (or alleged violation) of these Terms.

Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Changes to the Services

A Memory of Tomorrow reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services and/or any features, information, materials or content on the Services with or without providing notice to you. A Memory of Tomorrow will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with A Memory of Tomorrow and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or A Memory of Tomorrow  seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or A Memory of Tomorrow seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and A Memory of Tomorrow waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. 

You and A Memory of Tomorrow agree that any dispute arising out of or related to these Terms or our Services is personal to you and A Memory of Tomorrow and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and A Memory of Tomorrow agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and A Memory of Tomorrow agree that for any arbitration you initiate, you will pay the filing fee and A Memory of Tomorrow will pay the remaining JAMS fees and costs. For any arbitration initiated by A Memory of Tomorrow, A Memory of Tomorrow will pay all JAMS fees and costs.  You and A Memory of Tomorrow agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND A MEMORY OF TOMORROW WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM. 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this paragraph by emailing us at webmaster@amemoryoftomorrow.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law section of these Terms.

Governing Law

These Terms will be governed by and construed and enforced in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

General

Enforcement of these Terms is solely at A Memory of Tomorrow's discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Contact Us

If you have any questions about these Terms or the Rick Steves products and services, please contact us at webmaster@amemoryoftomorrow.com .