Legal & Privacy
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- Terms of Service
- Privacy Policy
- Community Guidelines
John Layton Travel, LLC
TERMS OF SERVICE
Last updated: August 21, 2020
Welcome to johnlaytontravel.com and all johnlayton.com subdomains, which is operated by John Layton Travel, LLC. (“John Layton,” “we,” “us” or “our“). These terms and conditions of use (these “Terms“) apply to your use of johnlaytontravel.com or any successor website of John Layton (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 John Layton Travel 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.
Terms of Sale
All sales made through the Services are governed by these Terms of Sale. The Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase through the Services.
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs, changes in tax rates, and the Euro exchange rate fluctuation.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. John Layton reserves the right to collect such taxes or other fees from you at any time.
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us, or our third-party payment processor, to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
Privacy Policy
For information about how we collect, use and share information about users of the Services, please see our Privacy Policy.
Eligibility, Registration, and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, or the age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List“), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, and (d) have not previously had your rights to access or use the Services suspended or terminated.
To access and use certain features of the Services, and in consideration of your use of the Services, you agree: (i) to provide accurate, current and complete information about yourself as may be requested by any signup forms or during account registration (collectively, “Signup Data“); (ii) to maintain and promptly update your Signup Data as necessary to keep it accurate, current and complete; (iii) if you register for an online account, to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to John Layton; and (iv) promptly notify John Layton if you discover or otherwise suspect any security breaches related to the Services.
You are responsible for the security of your accounts and any activities performed under your accounts, whether or not such actions were authorized by you. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS AND USE YOUR ACCOUNT, AND MAY BE ABLE TO ACCESS YOUR SIGNUP DATA AND OTHER PERSONAL INFORMATION ASSOCIATED WITH YOUR ACCOUNTS. AS A RESULT, YOU WILL NOT: (I) SHARE YOUR ACCOUNT PASSWORDS WITH ANY OTHER PERSON; OR (II) PROVIDE ACCESS TO YOUR ACCOUNTS OR THE SERVICE TO ANY OTHER PERSON.
YOU ACKNOWLEDGE AND AGREE THAT USING THE SAME PASSWORD FOR YOUR JOHN LAYTON ACCOUNT AS YOU USE FOR ANY THIRD-PARTY ACCOUNT CONSTITUTES A SECURITY RISK. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNTS. JOHN LAYTON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNTS OR OTHER LOSS OR DISSEMINATION OF YOUR SIGNUP DATA.
If you suspect any security breaches related to your user account, please notify us by contacting webmaster@johnlaytontravel.com.
Right to Use the Services
On the condition that you fully comply with these Terms, John Layton 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.
John Layton’s Rights
As between you and John Layton, 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 John Layton Travel), images, software, services, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by John Layton or is used with permission. John Layton reserves all rights not expressly set forth in these Terms.
Downloadable Content
John Layton 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 John Layton 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 John Layton 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). John Layton 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 John Layton products, services or brands, and (c) otherwise in accordance with the usage guidelines and instructions that John Layton 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 John Layton’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 John Layton. John Layton 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. John Layton guides are independent contractors and not employees of John Layton Travel, LLC. Third Party Materials may also include, but not be limited to, links to third party websites or services that we recommend for purchasing John Layton products and services. When you leave the Services, you should be aware that these Terms and all other John Layton policies no longer govern your use of other websites and services.
User Content
The Services may include interactive features, forums and areas that allow users to create, post, transmit or store content (collectively, “User Content“). You understand that your User Content may be viewable by other users of the Services or by the public. You agree that you will comply in all respects with the John Layton Community Guidelines found at johnlaytontravel.com/legal, and that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.
Without limiting the foregoing, by using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- User Content that is untruthful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including but not limited to any copyright law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in the sole judgment of John Layton, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose John Layton or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Use or attempt to use another user’s personal information without permission;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and the Services without our prior written consent; or
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
John Layton is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is John Layton responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in John Layton’s discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of John Layton’s right to enforce these Terms in other instances. At the same time, John Layton encourages you to report User Content that violates these Terms by contacting us at webmaster@johnlaytontravel.com. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, John Layton is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although John Layton has no obligation to screen, edit or monitor any User Content, John Layton reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
Rights in User Content
You retain all ownership rights in the User Content you submit to John Layton. By submitting or posting User Content on the Services, you grant John Layton a non-exclusive, royalty-free, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with the Services.
By submitting or posting User Content through the Services, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.
Medical Information
FOR YOUR SAFETY AND TO ENABLE YOUR TOUR GUIDES TO APPROPRIATELY PLAN, CERTAIN PORTIONS OF THE SERVICES MAY PERMIT YOU TO POST PERSONAL MEDICAL INFORMATION INCLUDING MEDICAL HISTORY, MEDICATIONS, MEDICAL CONDITIONS, INSURANCE INFORMATION, EMERGENCY CONTACTS AND OTHER PERSONAL INFORMATION (“MEDICAL INFORMATION“). YOU ARE NOT REQUIRED TO PROVIDE YOUR MEDICAL INFORMATION, BUT IF YOU DO, PLEASE BE AWARE THAT ANYONE ON YOUR SAME TRIP RESERVATION CAN VIEW YOUR MEDICAL INFORMATION. A “TRIP RESERVATION” IS THE BOOKING MADE WITH US WHEN YOU PURCHASE TRAVEL PLANNING VIA PHONE, IN PERSON OR ONLINE AND INCLUDES ALL THE INDIVIDUALS, BE THEY FAMILY OR OTHERWISE, YOU RESERVED A SEAT FOR ON YOUR TRIP. YOU SHOULD NOT PROVIDE YOUR MEDICAL INFORMATION IF YOU DO NOT WANT OTHERS ON THE SAME TRIP RESERVATION TO SEE IT. If you would like to submit Medical Information privately to a John Layton employee, such as a tour guide for your upcoming tour, please contact info@johnlaytontravel.com for further instruction.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law, John Layton has adopted a policy of terminating, in appropriate circumstances and in John Layton’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. John Layton 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: John Layton Travel Legal Department
Address of Designated Agent: John Layton Travel, LLC, Attn: Copyright Infringement, 1 E Broad St, Ste 130 – 1097, Bethlehem, PA 18018
Phone Number of Designated Agent: 570-580-9901
Email Address of Designated Agent: webmaster@johnlaytontravel.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 John Layton 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 John Layton, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the “John Layton 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 JOHN LAYTON 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 JOHN LAYTON, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF JOHN LAYTON’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 JOHN LAYTON FOR ACCESS TO OR USE OF THE SERVICES.
Release
To the fullest extent permitted by applicable law, you release the John Layton 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
John Layton 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. John Layton 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 John Layton and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or John Layton seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or John Layton seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and John Layton 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 Philadelphia County, Pennsylvania 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 John Layton agree that any dispute arising out of or related to these Terms or our Services is personal to you and John Layton 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 John Layton 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 John Layton agree that for any arbitration you initiate, you will pay the filing fee and John Layton will pay the remaining JAMS fees and costs. For any arbitration initiated by John Layton, John Layton will pay all JAMS fees and costs. You and John Layton agree that the state or federal courts of the State of Pennsylvania and the United States sitting in Philadelphia County, Pennsylvania 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 JOHN LAYTON 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@johnlaytontravel.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 Pennsylvania, 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 Dauphin County, Pennsylvania, and Philadelphia County, Pennsylvania, 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 John Layton’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 John Layton products and services, please contact us at webmaster@johnlaytontravel.com.
John Layton Travel, LLC
PRIVACY POLICY
Last updated: August 21, 2020
This Privacy Policy explains how information about you is collected, used and disclosed by John Layton Travel, LLC (“John Layton,” hereafter referred to as “us,” “our,” “we”). This Privacy Policy applies to information we collect when you use our websites johnlaytontravel.com, etc.), mobile applications and other online products and services (collectively, the “Services”) or when you otherwise interact with us.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, participate in a contest or promotion, make a purchase, register for a tour, communicate with us via third-party social media sites, post on our blog, privately communicate messages between account holders, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information, passport number, certain medical information, the URL of contest submissions and any other information you choose to provide.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about you, including:
- Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third-parties, including but not limited to social media websites and publicly available sources.
Use of Information
We may use information about you for various purposes, including to:
- Provide, maintain and improve our Services;
- Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
- Send you technical notices, updates, security alerts, support and administrative messages;
- Respond to your comments, questions, requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards, events offered by John Layton and other matters, including but not limited to provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Services;
- Detect, investigate and prevent spam, fraudulent transactions, other illegal activities and protect the rights and property of John Layton and others;
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
- Facilitate contests, sweepstakes, promotions and process and deliver entries and rewards including, but not limited to, name, email, postal address, phone number and URL of contest submission;
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Carry out any other purpose described to you at the time the information was collected.
Sharing of Information
We may share information about you as follows or as otherwise described in this Privacy Policy:
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- Contest applicants and winners are shared with the public on a case by case basis;
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of John Layton or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among John Layton and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Advertising and Analytics Services Provided by Others
We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including, but not limited to, your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by John Layton and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.
For example, we may use Remarketing with Google, Facebook, or other remarketing tools to advertise online. This enables third-party vendors, including Google, to show our ads on sites across the Internet. Such third-party vendors may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Sites. For information on how you can opt out of Google’s use of cookies for interest-based ads please visit Google’s Ads Settings. Other advertising vendors we may use include, without limitation, Yahoo!, MSN, Facebook, Twitter.
Transfer of Information to the U.S. and Other Countries
John Layton is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
Your Choices
Account Information
You may update, correct or delete information about you at any time by logging into your online account or emailing us at webmaster@johnlaytontravel.com. If you wish to deactivate/close your account, please email us at webmaster@johnlaytontravel.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Promotional Communications
You may opt out of receiving promotional communications from John Layton by following the instructions in those communications or by emailing us at info@johnlaytontravel.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at webmaster@johnlaytontravel.com.
Contact Us
If you have any questions about this Privacy Policy, please contact us at: webmaster@johnlaytontravel.com; John Layton Travel, LLC, 1 E Broad St, Ste 130 – 1097, Bethlehem, PA 18018; or calling 1-570-580-9901.
John Layton Travel, LLC
COMMUNITY GUIDELINES
Last updated: July 10, 2020
While the best advice is to use common sense and be respectful of all John Layton Community members, these guidelines ensure our community remains fun, upbeat, and open to all travelers.
These guidelines apply to John’s blog and any other forum allowing comments by the public on johnlaytontravel.com or other websites administered by John Layton Travel.
- Stay on topic. Make your contribution relevant to the original post.
- Be polite. Comments that contain inappropriate language, harshly criticize, or disrespect others’ opinions are not allowed. New travelers should be shown extra patience. If you can’t write politely, move on.
- Report guideline violations. Notify the webmaster via email.
- Do not react openly to guideline violations. Someone else’s violation is not an excuse for you to respond negatively or react in a way that violates our guidelines. Keep arguments and snark off our boards at all times.
- Stay on topic. Report violations.
- Do not feed the trolls. Do not be a troll. “Trolls” post messages intended to infuriate you and elicit a response. Trolls “feed” on such responses. Ignoring trolls is the only solution. Report abuse to the webmaster.
- Do not advertise or post fake reviews. Proposing transactions or promoting your website, blog, hotel, restaurant, uncle’s private tours in Istanbul, etc for financial gain, pumping traffic to your website, or other marketing intent is prohibited.
- Do not help people break laws. Speaking of the existence of law breaking is OK. Sharing how to circumvent visa restrictions, scam hotels, or perform other illegal acts is prohibited.
- Do not impersonate or invade privacy. Impersonating members of the community, the John Layton staff, or anyone else will not be tolerated. Do not post private information about others.
- Businesses… read carefully. Hotels, restaurants, and other services mentioned on johnlaytontravel.com may only use our site in a customer service role to respond to a review. You may make a single brief statement, explanation, or clarification with regard to the review in question. You may invite the reviewer to contact you privately either by issuing a phone number, email address (though this may open you up to spam), customer service related URL, or by inviting the reviewer to contact you via our Private Message system. That is all!
You may not… in any way advertise or promote your business. Do not include any URLs that are outside of direct customer service use. For example, giving a link to your site’s homepage will get your post deleted. Discussing aspects of your business unrelated to the review will also get your post removed. You may not make any unsolicited posts regarding your business. Businesses should resolve issues through their own channels and not openly on our boards. Report genuine defamation to the webmaster.
Important Fine Print:
- Please return regularly to review our rules and guidelines for periodic updates.
- You are responsible for your own actions and content posted on johnlaytontravel.com. Avoid posting personal contact information.
- At our discretion, we reserve the right to monitor all interactions on johnlaytontravel.com between you and other community members.
- We reserve the right to discipline or ban any community member for violating the rules, guidelines, and/or spirit of our community.
- Banishment results in, but is not limited to, closing the member’s John Layton Travel account and removing all posts from the platform. Banned members are not permitted to return to the John Layton Community under any circumstance.
- Content provided by members of our community reflect the opinions and experience of those members, not John Layton or his staff.
- Content provided by John Layton staff is clearly indicated and may include opinions and experiences that differ from John Layton or other members of staff.
- Content posted at johnlaytontravel.com becomes the property of John Layton Travel and may be edited, deleted, published or otherwise used by us. We do not check the accuracy of posted content and accept no responsibility for loss, injury, inconvenience, or bad pasta sustained by any person using the free advice received from John Layton Community members.
- Content found in the John Layton Community is not to be used for formal and/or professional research, commercial gain, or redistribution in any way without the permission of John Layton Travel and the John Layton Community member(s) involved.
- Terms of Service
- Privacy Policy
- Community Guidelines
John Layton Travel, LLC
TERMS OF SERVICE
Last updated: August 21, 2020
Welcome to johnlaytontravel.com and all johnlayton.com subdomains, which is operated by John Layton Travel, LLC. (“John Layton,” “we,” “us” or “our“). These terms and conditions of use (these “Terms“) apply to your use of johnlaytontravel.com or any successor website of John Layton (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 John Layton Travel 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.
Terms of Sale
All sales made through the Services are governed by these Terms of Sale. The Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase through the Services.
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs, changes in tax rates, and the Euro exchange rate fluctuation.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. John Layton reserves the right to collect such taxes or other fees from you at any time.
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us, or our third-party payment processor, to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
Privacy Policy
For information about how we collect, use and share information about users of the Services, please see our Privacy Policy.
Eligibility, Registration, and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, or the age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List“), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, and (d) have not previously had your rights to access or use the Services suspended or terminated.
To access and use certain features of the Services, and in consideration of your use of the Services, you agree: (i) to provide accurate, current and complete information about yourself as may be requested by any signup forms or during account registration (collectively, “Signup Data“); (ii) to maintain and promptly update your Signup Data as necessary to keep it accurate, current and complete; (iii) if you register for an online account, to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to John Layton; and (iv) promptly notify John Layton if you discover or otherwise suspect any security breaches related to the Services.
You are responsible for the security of your accounts and any activities performed under your accounts, whether or not such actions were authorized by you. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS AND USE YOUR ACCOUNT, AND MAY BE ABLE TO ACCESS YOUR SIGNUP DATA AND OTHER PERSONAL INFORMATION ASSOCIATED WITH YOUR ACCOUNTS. AS A RESULT, YOU WILL NOT: (I) SHARE YOUR ACCOUNT PASSWORDS WITH ANY OTHER PERSON; OR (II) PROVIDE ACCESS TO YOUR ACCOUNTS OR THE SERVICE TO ANY OTHER PERSON.
YOU ACKNOWLEDGE AND AGREE THAT USING THE SAME PASSWORD FOR YOUR JOHN LAYTON ACCOUNT AS YOU USE FOR ANY THIRD-PARTY ACCOUNT CONSTITUTES A SECURITY RISK. YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNTS. JOHN LAYTON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNTS OR OTHER LOSS OR DISSEMINATION OF YOUR SIGNUP DATA.
If you suspect any security breaches related to your user account, please notify us by contacting webmaster@johnlaytontravel.com.
Right to Use the Services
On the condition that you fully comply with these Terms, John Layton 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.
John Layton’s Rights
As between you and John Layton, 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 John Layton Travel), images, software, services, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by John Layton or is used with permission. John Layton reserves all rights not expressly set forth in these Terms.
Downloadable Content
John Layton 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 John Layton 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 John Layton 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). John Layton 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 John Layton products, services or brands, and (c) otherwise in accordance with the usage guidelines and instructions that John Layton 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 John Layton’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 John Layton. John Layton 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. John Layton guides are independent contractors and not employees of John Layton Travel, LLC. Third Party Materials may also include, but not be limited to, links to third party websites or services that we recommend for purchasing John Layton products and services. When you leave the Services, you should be aware that these Terms and all other John Layton policies no longer govern your use of other websites and services.
User Content
The Services may include interactive features, forums and areas that allow users to create, post, transmit or store content (collectively, “User Content“). You understand that your User Content may be viewable by other users of the Services or by the public. You agree that you will comply in all respects with the John Layton Community Guidelines found at johnlaytontravel.com/legal, and that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.
Without limiting the foregoing, by using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- User Content that is untruthful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including but not limited to any copyright law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in the sole judgment of John Layton, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose John Layton or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Use or attempt to use another user’s personal information without permission;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and the Services without our prior written consent; or
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
John Layton is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is John Layton responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in John Layton’s discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of John Layton’s right to enforce these Terms in other instances. At the same time, John Layton encourages you to report User Content that violates these Terms by contacting us at webmaster@johnlaytontravel.com. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, John Layton is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although John Layton has no obligation to screen, edit or monitor any User Content, John Layton reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
Rights in User Content
You retain all ownership rights in the User Content you submit to John Layton. By submitting or posting User Content on the Services, you grant John Layton a non-exclusive, royalty-free, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with the Services.
By submitting or posting User Content through the Services, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.
Medical Information
FOR YOUR SAFETY AND TO ENABLE YOUR TOUR GUIDES TO APPROPRIATELY PLAN, CERTAIN PORTIONS OF THE SERVICES MAY PERMIT YOU TO POST PERSONAL MEDICAL INFORMATION INCLUDING MEDICAL HISTORY, MEDICATIONS, MEDICAL CONDITIONS, INSURANCE INFORMATION, EMERGENCY CONTACTS AND OTHER PERSONAL INFORMATION (“MEDICAL INFORMATION“). YOU ARE NOT REQUIRED TO PROVIDE YOUR MEDICAL INFORMATION, BUT IF YOU DO, PLEASE BE AWARE THAT ANYONE ON YOUR SAME TRIP RESERVATION CAN VIEW YOUR MEDICAL INFORMATION. A “TRIP RESERVATION” IS THE BOOKING MADE WITH US WHEN YOU PURCHASE TRAVEL PLANNING VIA PHONE, IN PERSON OR ONLINE AND INCLUDES ALL THE INDIVIDUALS, BE THEY FAMILY OR OTHERWISE, YOU RESERVED A SEAT FOR ON YOUR TRIP. YOU SHOULD NOT PROVIDE YOUR MEDICAL INFORMATION IF YOU DO NOT WANT OTHERS ON THE SAME TRIP RESERVATION TO SEE IT. If you would like to submit Medical Information privately to a John Layton employee, such as a tour guide for your upcoming tour, please contact info@johnlaytontravel.com for further instruction.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law, John Layton has adopted a policy of terminating, in appropriate circumstances and in John Layton’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. John Layton 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: John Layton Travel Legal Department
Address of Designated Agent: John Layton Travel, LLC, Attn: Copyright Infringement, 1 E Broad St, Ste 130 – 1097, Bethlehem, PA 18018
Phone Number of Designated Agent: 570-580-9901
Email Address of Designated Agent: webmaster@johnlaytontravel.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 John Layton 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 John Layton, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the “John Layton 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 JOHN LAYTON 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 JOHN LAYTON, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF JOHN LAYTON’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 JOHN LAYTON FOR ACCESS TO OR USE OF THE SERVICES.
Release
To the fullest extent permitted by applicable law, you release the John Layton 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
John Layton 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. John Layton 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 John Layton and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or John Layton seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or John Layton seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and John Layton 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 Philadelphia County, Pennsylvania 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 John Layton agree that any dispute arising out of or related to these Terms or our Services is personal to you and John Layton 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 John Layton 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 John Layton agree that for any arbitration you initiate, you will pay the filing fee and John Layton will pay the remaining JAMS fees and costs. For any arbitration initiated by John Layton, John Layton will pay all JAMS fees and costs. You and John Layton agree that the state or federal courts of the State of Pennsylvania and the United States sitting in Philadelphia County, Pennsylvania 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 JOHN LAYTON 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@johnlaytontravel.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 Pennsylvania, 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 Dauphin County, Pennsylvania, and Philadelphia County, Pennsylvania, 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 John Layton’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 John Layton products and services, please contact us at webmaster@johnlaytontravel.com.
John Layton Travel, LLC
PRIVACY POLICY
Last updated: August 21, 2020
This Privacy Policy explains how information about you is collected, used and disclosed by John Layton Travel, LLC (“John Layton,” hereafter referred to as “us,” “our,” “we”). This Privacy Policy applies to information we collect when you use our websites johnlaytontravel.com, etc.), mobile applications and other online products and services (collectively, the “Services”) or when you otherwise interact with us.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, participate in a contest or promotion, make a purchase, register for a tour, communicate with us via third-party social media sites, post on our blog, privately communicate messages between account holders, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information, passport number, certain medical information, the URL of contest submissions and any other information you choose to provide.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about you, including:
- Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third-parties, including but not limited to social media websites and publicly available sources.
Use of Information
We may use information about you for various purposes, including to:
- Provide, maintain and improve our Services;
- Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
- Send you technical notices, updates, security alerts, support and administrative messages;
- Respond to your comments, questions, requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards, events offered by John Layton and other matters, including but not limited to provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Services;
- Detect, investigate and prevent spam, fraudulent transactions, other illegal activities and protect the rights and property of John Layton and others;
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
- Facilitate contests, sweepstakes, promotions and process and deliver entries and rewards including, but not limited to, name, email, postal address, phone number and URL of contest submission;
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Carry out any other purpose described to you at the time the information was collected.
Sharing of Information
We may share information about you as follows or as otherwise described in this Privacy Policy:
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- Contest applicants and winners are shared with the public on a case by case basis;
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of John Layton or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among John Layton and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Advertising and Analytics Services Provided by Others
We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including, but not limited to, your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by John Layton and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.
For example, we may use Remarketing with Google, Facebook, or other remarketing tools to advertise online. This enables third-party vendors, including Google, to show our ads on sites across the Internet. Such third-party vendors may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Sites. For information on how you can opt out of Google’s use of cookies for interest-based ads please visit Google’s Ads Settings. Other advertising vendors we may use include, without limitation, Yahoo!, MSN, Facebook, Twitter.
Transfer of Information to the U.S. and Other Countries
John Layton is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
Your Choices
Account Information
You may update, correct or delete information about you at any time by logging into your online account or emailing us at webmaster@johnlaytontravel.com. If you wish to deactivate/close your account, please email us at webmaster@johnlaytontravel.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Promotional Communications
You may opt out of receiving promotional communications from John Layton by following the instructions in those communications or by emailing us at info@johnlaytontravel.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at webmaster@johnlaytontravel.com.
Contact Us
If you have any questions about this Privacy Policy, please contact us at: webmaster@johnlaytontravel.com; John Layton Travel, LLC, 1 E Broad St, Ste 130 – 1097, Bethlehem, PA 18018; or calling 1-570-580-9901.
John Layton Travel, LLC
COMMUNITY GUIDELINES
Last updated: July 10, 2020
While the best advice is to use common sense and be respectful of all John Layton Community members, these guidelines ensure our community remains fun, upbeat, and open to all travelers.
These guidelines apply to John’s blog and any other forum allowing comments by the public on johnlaytontravel.com or other websites administered by John Layton Travel.
- Stay on topic. Make your contribution relevant to the original post.
- Be polite. Comments that contain inappropriate language, harshly criticize, or disrespect others’ opinions are not allowed. New travelers should be shown extra patience. If you can’t write politely, move on.
- Report guideline violations. Notify the webmaster via email.
- Do not react openly to guideline violations. Someone else’s violation is not an excuse for you to respond negatively or react in a way that violates our guidelines. Keep arguments and snark off our boards at all times.
- Stay on topic. Report violations.
- Do not feed the trolls. Do not be a troll. “Trolls” post messages intended to infuriate you and elicit a response. Trolls “feed” on such responses. Ignoring trolls is the only solution. Report abuse to the webmaster.
- Do not advertise or post fake reviews. Proposing transactions or promoting your website, blog, hotel, restaurant, uncle’s private tours in Istanbul, etc for financial gain, pumping traffic to your website, or other marketing intent is prohibited.
- Do not help people break laws. Speaking of the existence of law breaking is OK. Sharing how to circumvent visa restrictions, scam hotels, or perform other illegal acts is prohibited.
- Do not impersonate or invade privacy. Impersonating members of the community, the John Layton staff, or anyone else will not be tolerated. Do not post private information about others.
- Businesses… read carefully. Hotels, restaurants, and other services mentioned on johnlaytontravel.com may only use our site in a customer service role to respond to a review. You may make a single brief statement, explanation, or clarification with regard to the review in question. You may invite the reviewer to contact you privately either by issuing a phone number, email address (though this may open you up to spam), customer service related URL, or by inviting the reviewer to contact you via our Private Message system. That is all!
You may not… in any way advertise or promote your business. Do not include any URLs that are outside of direct customer service use. For example, giving a link to your site’s homepage will get your post deleted. Discussing aspects of your business unrelated to the review will also get your post removed. You may not make any unsolicited posts regarding your business. Businesses should resolve issues through their own channels and not openly on our boards. Report genuine defamation to the webmaster.
Important Fine Print:
- Please return regularly to review our rules and guidelines for periodic updates.
- You are responsible for your own actions and content posted on johnlaytontravel.com. Avoid posting personal contact information.
- At our discretion, we reserve the right to monitor all interactions on johnlaytontravel.com between you and other community members.
- We reserve the right to discipline or ban any community member for violating the rules, guidelines, and/or spirit of our community.
- Banishment results in, but is not limited to, closing the member’s John Layton Travel account and removing all posts from the platform. Banned members are not permitted to return to the John Layton Community under any circumstance.
- Content provided by members of our community reflect the opinions and experience of those members, not John Layton or his staff.
- Content provided by John Layton staff is clearly indicated and may include opinions and experiences that differ from John Layton or other members of staff.
- Content posted at johnlaytontravel.com becomes the property of John Layton Travel and may be edited, deleted, published or otherwise used by us. We do not check the accuracy of posted content and accept no responsibility for loss, injury, inconvenience, or bad pasta sustained by any person using the free advice received from John Layton Community members.
- Content found in the John Layton Community is not to be used for formal and/or professional research, commercial gain, or redistribution in any way without the permission of John Layton Travel and the John Layton Community member(s) involved.