1. Privacy
Please review our Privacy Policy to understand our practices.

2. E-mail: Electronic Communications
In using our Site or sending E-mails to us you are communicating to us electronically. You agree to receive communications from us electronically and we will communicate with you electronically and/or by notices on this Site. You agree that all agreements, notices and other communications that we send you electronically will satisfy any legal requirement that such communications be in writing.

3. Ownership And Use Restrictions
(a) Copyright All Site materials, including, without limitation, text, pictures, photos, graphics, audio, video, logos and other intellectual property are owned by and thereof are copyrighted materials of Hear's A Journey © 2003, ALL RIGHTS RESERVED, or licensed to Hear's A Journey. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of Hear's A Journey. You may not "mirror" any material contained on this Site on any other server without prior written permission from Hear's A Journey. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
 
(b) Trademarks The trademarks, service marks, trade names, and logos ( the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Hear's A Journey. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Hear's A Journey, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hear's A Journey. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Hear's A Journey or the Trademark owner. Nothing in this agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Hear's A Journey or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
 
(c) Hyperlinks You are granted a limited, non-exclusive right to create a "hypertext" link to this Site provided that such link is to the entry page of this Site and does not portray Hear's A Journey or any of its products in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Hear's A Journey trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Hear's A Journey's express written consent. You may not use Hear's A Journey logo or other proprietary graphic as part of the link without express written permission. Links to third party sites on this Site are provided as a service and convenience. If you use these links, you will leave this Site. Hear's A Journey has not reviewed all these third party sites and does not control any of these sites, their content or policies, including privacy policies. Hear's A Journey does not endorse third party sites. Should you decide to access third party sites linked to or from this Site you acknowledge and agree that Hear's A Journey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
 
(d) Limited Access Except as otherwise expressly permitted by Hear's A Journey, any access or attempt to access other areas of the Hear's A Journey computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scape," "monitor," "mine," or copy the Web pages on the Site or the content contained therein without Hear's A Journey prior and written permission. You will not spam or send unsolicited E-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Hear's A Journey's infrastructure.

4. Disclaimer Warranty
While Hear's A Journey makes every effort to provide updated and accurate information in the Site, the Site including all functions, materials and information is provided "as is" without warranties of any kind, either expressed or implied. Hear's A Journey disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration and informational content. Hear's A Journey does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of use of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date and Hear's A Journey makes no commitment to update the materials at this Site. Hear's A Journey does not and cannot guarantee or warrant that the files available for the downloading of this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Hear's A Journey does not warrant that this Site, software, materials, products or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products or services will be corrected.

5. Limitation of Liability
In no event will Hear's A Journey, its suppliers or other third parties mentioned at or in this Site be liable for any damages (including, without limitation direct, indirect, special, incidental, or consequential damages), damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any Web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of data or equipment, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6. Submissions
Any material, information, idea, questions, comments you submit or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Hear's A Journey or its affiliates on a royalty-free and worldwide basis for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Such submissions can be edited, reproduced, translated and published for any promotional purposes. All submissions will become the property of Hear's A Journey and Hear's A Journey may or may not use your name in connection with your submission in the publication of your submission.
 
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law. You may not submit a false E-mail Address, impersonate any person or entity or mislead as to the origin of a credit card or other content. Hear's A Journey does not regularly review posted content, but reserves the right, not the obligation, to remove or edit such content.

7. Product Descriptions
Hear's A Journey tries to be as accurate with its product descriptions as possible. However, Hear's A Journey does not warrant that product descriptions or other content is accurate, reliable, current, complete or error-free. See refund policy for recourse.

8. Your Account
Hear's A Journey sells products to adults who can purchase with a credit card online or credit card by fax or credit card, enclosed check or money order by mail. If you are under 18 you may use Hear's A Journey only with the authorization of a parent or guardian. Likewise if you are using this Site you are responsible for maintaining the confidentiality of your account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account.

9. Risk of Loss
All product items purchased from Hear's A Journey are made pursuant to a shipping contract. As such the risk of loss and title for such items pass to you upon Hear's A Journey delivery to the carrier.

10. Shipments to Addresses Outside of the United States
For those shipments made to addresses outside of the United States your purchases may be subject to import duties, customs, processing fees and taxes which are levied once your shipment reaches your country. All additional charges for customs clearance and other applicable taxes must be borne by you. You should contact your local customs office for information. As you are ordering from Hear's A Journey, you are considered the importer of record and must comply with all the laws and regulations of your country. The value of the purchased contents, will be noted on the custom form. You should also be aware that cross border shipments are subject to opening and inspection by customs officials.

11. Refund Policy
You can return an unopened tour that is in excellent condition for a refund minus shipping cost within 60 days from the date of purchase. A refund will be issued upon receipt of the tour. In the event a tour is defective, you can send us back the tour within 90 days from date of purchase. Once we receive it, we will replace it immediately and pay for the shipping cost or issue a refund including shipping cost whichever you prefer. Returns should be sent back to us by U.S. Priority Mail from the post office as other carriers do not deliver to post office boxes. Send to: Hear's A Journey, P.O. Box 1513, West Caldwell, NJ 07006.

12. Notice
You may give notice to Hear's A Journey by any of the following ways:
1) E-mail to legal@HearsAJourney.com
2) by fax to Hear's A Journey at fax number 973-228-1440 or by first class mail to Hear's A Journey at PO Box 1513, West Caldwell, NJ 07006, Attention Legal Department
 
Hear's A Journey may give notice to users of the Site by any or all of the following: a notice on the Site, by E-mail to a user's E-mail Address on the condition Hear's A Journey has a record in its customer account file or by written notification via first class mail to the user's address on condition Hear's A Journey has a record in its customer account file.

13. Indemnification
You agree to indemnify and hold Hear's A Journey and their directors, shareholders, employees and representatives harmless of all claims, liabilities, damages and expenses including legal fees arising out of your use of the Site and any breach or alleged breach of these Terms of Use.

14. Applicable Laws and Miscellaneous
If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intensions of the parties with the other provisions remaining in full force and effect. Hear's A Journey's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hear's A Journey in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This agreement may be assigned in whole or in part by Hear's A Journey. This agreement may not be assigned in any manner by you without the express, prior written permission of Hear's A Journey. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey notwithstanding any conflict of laws provisions. You irrecably and unconditionally consent to the exclusive jurisdiction of the courts of New Jersey or in the next closest federal court for any litigation arising out of or relating to this Agreement, agree not to commence any litigation arising out of or relating to this Agreement except in the New Jersey courts and agree not to plead or claim that such litigation brought therein has been bought in an inconvenient forum.
 
We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these terms of Use, or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such a party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and in effect.

15. U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgement of Hear's A Journey's or other owner's proprietary rights in them.

16. Revisions to this Agreement
Hear's A Journey may revise this agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

Last Updated: June 13, 2003

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