Terms and Conditions
Ithaca Food Tours, LLC
WEBSITE TERMS AND CONDITIONS
In using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, and any or all other agreements with Company, unless otherwise specifically defined therein: “Client”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We”, and “Us”, refers to Ithaca Food Tours, LLC d/b/a Ithaca is Foodies Culinary Tours. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “Website” or “Site” refers to all of the internet content provided by Company available through www.ithacaisfoodies.com and any content purposefully linked by Company; it does not include social media platforms which have their own terms and conditions. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
DISCLAIMER; Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company: makes no representations or warranties, whether express or implied, relating to this website and its contents, or content which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and notwithstanding anything to the contrary, disclaims all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things, or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through our website. You agree not to use our website or any content contained in it for any illegal or inappropriate activities.
Ticket Purchasing through EzTix
Company utilizes EzTix Event Ticketing Inc. (“EzTix”) to provide all event ticketing and event customer service. Terms and conditions applicable to all Company ticket purchases and sales are provided below by EzTix and such policies are incorporated and included herein.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any breached or attempted breach of privacy and will consider prosecuting and/or taking civil proceedings to recover damages against those responsible.
We use IP addresses to analyze trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this Website
You are permitted to share or create a link to the Company’s website, provided that the purpose is not to cause harm to the Company, its network or website. If you choose to create a link to a page of this website you do so at your own risk, and the exclusions, disclaimers and limitations set out herein will apply to any use of this website by linking to it.
Links from this Website
We do not monitor or review the content of other parties’ websites which are linked to or from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these other sites. We encourage our users when they leave our site to be aware of and to read the privacy statements of these other sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
This website is owned and operated by us. Unless otherwise specified, all materials appearing on our website, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Ithaca Food Tours, LLC © 2017, ALL RIGHTS RESERVED. All photos and audio and video clips are the sole property of Ithaca Food Tours, LLC, or our respective content providers. The content and software on our website is the property of Ithaca Food Tours, LLC, and/or its suppliers and is protected by U.S. and international copyright and other intellectual property laws. You may view and use our website only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from our website in whole or in part without our prior written permission.
The absence of a trademark, trade name or service mark from any content on our website does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Ithaca Food Tours, LLC. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, she, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated in writing to be such and signed by both Parties.
The laws of the United States of America and the State of New York govern these Terms and Conditions. By accessing this website you consent to these Terms and Conditions and to the exclusive jurisdiction of the courts located in Tompkins County, New York, in all disputes arising out of such access. If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
By using our website, you agree to indemnify and hold Ithaca Food Tours, LLC d/b/a Ithaca is Foodies Culinary Tours, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such website, including providing a link to another site or any third party content.
Waiver and Release of Liability
To participate in any activities or events provided by the Company, you must sign a Waiver and Release of Liability. The Waiver and Release of Liability is available on our website and must be read and agreed to prior to ticket purchases. You will also be required to electronically sign it at the time of the activity or event. If any provision of these Terms and Conditions conflicts with a provision of the Waiver and Release of Liability, the provision which provides the most protection and least liability to Company shall control.
Notification of Changes
Ithaca Food Tours, LLC, reserves the right to change these conditions from time to time as it sees fit and your continued use of the website will signify your acceptance of any adjustment to these terms. If there are any changes to these Terms and Conditions, we will announce that changes have been made on our home page of our website. Any such changes will be posted on our web site 10 days prior to the changes taking place. You are therefore advised to re-read this statement on a regular basis.
These Terms and Conditions form part of the agreement between the Client and Company. Your accessing of this website and/or purchase of any Company services or products indicates your understanding, agreement to, and acceptance of, these terms and conditions including any waivers, limitations and disclaimers.
ITHACA FOOD TOURS, LLC, 2017—All Rights Reserved
EzTix Event Ticketing Inc.
PURCHASE TERMS AND CONDITIONS
Our goal at EzTix Event Ticketing Inc. (“EzTix”) is to make your purchasing experience easy. Efficient and equitable, so we can get you on your way to food events as quickly as possible.
The currency of your transaction will be clearly listed on the purchase page of your transaction. It is the responsibility of the buyer to ensure that they understand the currency in which they are being charged. Please check the event pricing carefully for the applicable currency before completing your transaction.
EzTix accepts several methods of payment to accommodate your needs. Most events accept Visa, MasterCard, American Express and Discover. However, some events do not accept all cards. Payment options will be listed on the purchase pages for each event.
All charges billed to your account will appear as EzTix Event Ticketing or the name of the event you are attending.
Who You Are Buying From
EzTix acts as the agent to those who are promoting or otherwise providing the events for which you purchase tickets, such as venues, tour operators and promoters (“Event Providers”). EzTix acts solely as an agent of the company for which you are purchasing tickets to facilitate your payment and transaction and is not otherwise involved in the delivery of services.
Pricing and Availability
EzTix sells tickets on behalf of promoters, production companies, cooking schools, chefs and venues, which means EzTix does not set the ticket prices. Tickets may be sold through several distribution points including online, phone centers, retail locations and box offices. Most distribution points generally access the same ticketing system and inventory. Therefore, tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event. However, EzTix does not control this inventory or its availability.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with EzTix Customer Service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. EzTix will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Service Charges and Order Processing Fees
Tickets purchased through EzTix are typically subject to a per ticket service charge. Such fees, if applicable, will be clearly listed in your order summary for your review before completing your order.
Number of Tickets Per Customer or “Ticket Limits”
When purchasing tickets through EzTix, you are limited to a specified number of tickets for each event (also known as a “ticket limit”).This limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Anyone found to have purchased more tickets that permitted may be subject to having their purchase cancelled without further notice.
Refunds and Exchanges
Before purchasing tickets, carefully review your event details as all sales are 100% non-refundable except as specifically stated otherwise herein. Policies set forth by Company generally prohibit EzTix from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. You agree that you will not attempt to evade, avoid, or circumvent those prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact EzTix to seek a refund or exchange from EzTix when EzTix is prohibited from providing one by Company and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets. Should you do so, your tickets may be cancelled and EzTix may in its sole discretion refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
Cancelations and Event Termination
Company has the right to terminate any agreement to provide services for any reason, which may include ending of services that are already underway. Under no circumstances will there be any refunds or cancellations for entire or partial tours, no shows, or late arrivals.
Limitation of Liability
By completing your order, the buyer comprehends and accepts all of the risks associated with his/her participation in the event and/or tour including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.
BUYER’S PARTICIPATION IN THE TOURS AND/OR EVENT IS AT PARTICIPANT’S OWN SOLE RISK. TO THE MAXIMUM EXTENT PERMITIED BY LAW, PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, EZTIX EVENT TICKETING INC. (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO PARTICIPANT, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
License; Ejection and Cancellation: No Redemption Value
Event Providers reserve the right, without refund of any amount paid to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Company’s rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
Billing Information Verification
Orders are processed only after a billing address, and other billing information has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, EzTix customer service will attempt to contact you using the information provided at the time of purchase. If EzTix is unable to reach you after its initial attempt, EzTix may cancel your order and may sell your tickets to another customer without further notice.
EzTix provides the policy for delivery methods, which are incorporated into this purchase policy. Most tickets are delivered electronically to your supplied email address immediately after purchase.
Pricing and Other Errors
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this website or otherwise communicated to you or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then: EzTix will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this website or other EzTix operated system.
Multiple Browser Windows
When ordering tickets online with EzTix, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets or timer expiration.
Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to EzTix and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, photographic display or other transmission, exhibition, publication or reproduction made of or at the event (regardless of whether before, during or after the event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You Are Subject to Search
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Unlawful Re-Sale of Tickets; Commercial Purposes
Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Event Provider, provided that even if such consent is obtained, any use of EzTix’s trademarks and other intellectual property is subject to EzTix’s consent.
Consent to Receive Emails
By placing my order through EzTix, I am providing my irrevocable consent to receive emails regarding my order from EzTix and/or the event organizer. I understand that this consent applies only to emails directly related to an order I have placed and does not provide consent for future marketing related emails. I understand that I will be asked as part of my purchase if I would like to receive future marketing related emails from EzTix and/or the event organizer and I will be given the opportunity to separately consent to or withhold my authorization to receive such emails. I further understand that withholding my consent to receive marketing emails does not alter my consent to receive emails regarding my purchase.