Terms of Use - Visitors Clubhouse Sports Tours

Welcome to these website terms and conditions which are posted by Popsicle Stand Getaways ("We",
"Our"
or "Us"). These terms and conditions apply to the use of this website at www.popsiclestand.net.
By accessing this website and/or placing an order, you, the website visitor ("You" or "Your") agree to
be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to
register with us or order from us. If you do not accept these terms, do not use this website.

The www.popsiclestand.net website is operated by:
Popsicle Stand Getaways, a company registered in Rancho Cordova, California, whose registered office is
at
1977 Benita Dr, Unit 3 Rancho Cordova, CA 95670

Our contact details are as follows:
Trading address:
1977 Benita Dr, Unit 3
Rancho Cordova, CA 95670
United States

General email:                rich@popsiclestand.net
Telephone number:      1 (916) 859-0267

1.        INTRODUCTION

1.1        You will be able to access most areas of this Website without registering your details with us.
Certain areas of this Website are only open to you if you register.
1.2        You agree to provide us with accurate information when registering. We reserve the right to
refuse you access if information is inaccurate.
1.3        We may revise these terms and conditions at any time by updating this posting. You should
check this Website from time to time to review the current terms and conditions, because they are
binding on you. Certain provisions of these terms and conditions may be superseded by expressly
designated legal notices or terms located on particular pages of this Website. If you do not wish to
accept any new terms and conditions after we have given notice, you should not continue to use this
Website.

2.        ORDERING FROM US

2.1        You are deemed to place an order with us by ordering via our online checkout process. As part
of our checkout process you will be given the opportunity to check your order and to correct any
errors. We will send you an order acknowledgement with details of your order.
2.2        We will also accept alternative forms of payment, i.e. by Money Order; however, these
will prolong the process of registration.
2.3        Our acceptance of an order takes place at the point of registration. Registration occurs
automatically and on confirmation of valid payment and at this time we will send you confirmation of
registration details by email. When your registration is confirmed the purchase contract will be made
even if your payment has been processed immediately, unless we have notified you that we do not
accept your order or you have cancelled your order.
2.4        We may refuse to accept an order:
(a)        where we cannot obtain authorisation for your payment;
(b)        if there has been a pricing or product description error; or
(c)        if you do not meet any eligibility criteria set out in our terms and conditions.
2.5        We aim to deliver registration at the point the payment is made subject to 2.3 & 2.4 above.
2.6        At the time of ordering you will be required to confirm acceptance of these Terms & Conditions
and Privacy Policy.

3.        PRICING

3.1        All prices quoted exclude tax, where tax is applicable it will be shown separately on the invoice
and charged at the prevailing rate. We reserve the right to express the price exclusive of tax, but we
shall show tax separately and include it in the total price.
3.2        Where tax is applicable it will be charged at 7.75% in California.
3.3        Our prices are reviewed periodically and the next review will be on 01/01/2008.

4.        CANCELLATION POLICY

4.1        If you wish to cancel your order:
(a)        you can notify us by email at rich@popsiclestand.net before registration is confirmed to you
or
(b)        where registrations have already been confirmed to you, by writing to us in accordance with
clause
4.2 below.
4.2        you can cancel your order from us for any reason at any time within 14 days of receipt for a full
refund. This must be in writing. If however, we start to perform our side of the contract with your
agreement before you exercise this right to cancel, your right to cancel is lost.

5.        LICENCE

5.1        You are permitted to print and download extracts from this Website for your own use on the
following basis:
(a)        no documents or related graphics on this Website are modified in any way;
(b)        no graphics on this Website are used separately from accompanying text; and
(c)        any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2        Unless otherwise stated, the copyright and other intellectual property rights in all material on
this
Website (including without limitation photographs and graphical images) are owned by us or our
licensors. For the purposes of these terms and conditions, any use of extracts from this Website other
than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms
in these terms and conditions, your permission to use this Website automatically terminates and you
must immediately destroy any downloaded or printed extracts from this Website.
5.3        Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website
or
included in any public or private electronic retrieval system or service without our prior written
permission.
5.4        You are not permitted to tamper with, change or alter the Popsicle Stand Getaways link line which is
placed on your email template.
5.5        Any rights not expressly granted in these terms are reserved.

6.        SERVICE ACCESS

6.1        While we endeavour to ensure that this Website is normally available 24 hours a day, we will
not be liable if for any reason this Website is unavailable at any time or for any period.
6.2        Access to this Website may be suspended temporarily and without notice in the case of system
failure, maintenance or repair or for reasons beyond our control.

7.        VISITOR MATERIAL AND CONDUCT

7.1        You are prohibited from posting or transmitting to or from this Website any material:
(a)        that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive,
liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b)        for which you have not obtained all necessary licences and/or approvals;
(c)        which constitutes or encourages conduct that would be considered a criminal offence, gives rise
to civil liability, or otherwise is contrary to the law of or infringes the rights of any third party, in the US
or any other country in the world; or
(d)        which is technically harmful (including, without limitation, computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful
data).
7.2        You may not misuse the Website (including, without limitation, by hacking).
7.3        We will fully co-operate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.1 or 7.2.

8.        LINKS TO AND FROM OTHER WEBSITES

8.1        Links to third party websites on this Website are provided solely for your convenience. If you
use these links, you leave this Website. We have not reviewed all of these third party websites and do
not control and are not responsible for these websites or their content or availability. We therefore do
not endorse or make any representations about them, or any material found there, or any results that
may be obtained from using them. If you decide to access any of the third party websites linked to this
Website, you do so entirely at your own risk.
8.2        If you would like to link to this Website, you may only do so on the basis that you link to, but do
not replicate, the home page of this Website, and subject to the following conditions:
(a)        you do not remove, distort or otherwise alter the size or appearance of the Popsicle Stand Getaways
and/or Visitors Clubhouse Sports Tours logos;
(b)        you do not create a frame or any other browser or border environment around this Website;
(c)        you do not in any way imply that we are endorsing any products or services other than our own;
(d)        you do not misrepresent your relationship with us nor present any other false information
about us;
(e)        you do not otherwise use any Popsicle Stand Getaways or Visitors Clubhouse Sports Tours trade
marks displayed on this Website without our express written permission;
(f)        you do not link from a website that is not owned by you; and
(g)        your website does not contain content that is distasteful, offensive or controversial, infringes
any intellectual property rights or other rights of any other person or otherwise does not comply with
all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms
and to take any action we deem appropriate.
8.3        You shall fully indemnify us for any loss or damage we or any of our group companies may
suffer or incur as a result of your breach of clause 8.2.

9.        REGISTRATION

9.1        To register with www.popsiclestand.net you must be over eighteen years of age.
9.2        Each registration is for a single organization only. We do not permit you to share your user
name and password with any other organisation or person outside your organisation.
9.3        Responsibility for the security of any passwords issued rests with you and if you know or
suspect that someone else knows your password, you should contact us immediately.
9.4        We may suspend or cancel your registration immediately at our reasonable discretion or if you
breach any of your obligations under these terms and conditions.
9.5        You are responsible for maintaining the confidentiality of the password and ID, and are fully
responsible for all activities that occur under your password or ID, whether by you or by anyone else
using your account & password.

10.        DISCLAIMER

10.1        While we endeavour to ensure that the information on this Website is correct, we do not
warrant the accuracy and completeness of the material on this Website. We may make changes to the
material on this Website, or to the products and prices described in it, at any time without notice. The
material on this Website may be out of date, and we make no commitment to update such material.
10.2        The material on this Website is provided “as is” without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this
Website on the basis that we exclude all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose
and the use of reasonable care and skill) which but for these terms and conditions might have effect in
relation to this Website.

11.        LIABILITY

11.1        We, any other party (whether or not involved in creating, producing, maintaining or delivering
this Website), and any of our group companies and the officers, directors, employees, shareholders or
agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage
that may result to you or a third party (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or
loss or damages arising from or connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise) in connection with this Website in any
way or in connection with the use, inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites, including but not limited to loss or damage due
to viruses that may infect your computer equipment, software, data or other property on account of
your access to, use of, or browsing this Website or your downloading of any material from this Website
or any websites linked to this Website.
11.2        Nothing in these terms and conditions shall exclude or limit our liability for (i) death or
personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be
excluded or limited under applicable law.
11.3        If your use of material on this Website results in the need for servicing, repair or correction of
equipment, software or data, you assume all costs thereof.
11.4        You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and
agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal
fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the
use by any other person using your registration details.

12.        GOVERNING LAW AND JURISDICTION

12.1        These terms and conditions shall be governed by and construed in accordance with US law.
Disputes arising in connection with these terms and conditions shall be subject to the exclusive
jurisdiction of the US courts.

13.        MISCELLANEOUS

13.1        You may not assign, sub-license or otherwise transfer any of your rights under these terms
and conditions
13.2        If any provision of these terms and conditions is found by any court of competent jurisdiction
to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect.
13.3        These terms and conditions constitute the whole agreement and understanding between us
and you or your organisation in relation to your use of this website and supersede any previous written
or oral agreement between you or your organisation and is with respect to this website.
26 August 2007

Visitors Clubhouse Sports Tours
See it how it was meant to be seen - IN PERSON!