Terms of Services

Terms of Service

MAM TOURS – TERMS OF USE

Last updated: February 23, 2024.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE

INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS

AND REGULATIONS.

IN PARTICULAR, Travel Organizers (“Trip Organizers”) SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE DESTINATION COUNTRIES. CERTAIN COUNTRIES HAVE

RESTRICTIONS ON TRAVEL GUIDES, TRAVEL COMPANIES AND OTHER TRAVEL ORGANIZERS OR REQUIRE TRAVEL GUIDES, TRAVEL COMPANIES AND OTHER TRAVEL ORGANIZERS

TO HAVE PERMITS. TRIP ORGANIZERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A TRIP ON MAM TOURS AND USING MAM TOURS TO COLLECT PAYMENTS.

MAM Tours, Inc. located at www.MAMTours.net, including any other MAMTours.net branded web sites owned and controlled by us as a service to our users and visitors. Our Site and the services we

offer, both through the Site and otherwise are referred to, collectively as our "Services.” By using the Services, you agree to comply with and be legally bound by the following terms of use ("Terms"),

whether or not you become a registered user of the Services (“Member,” which may include either a “Trip Organizer”, a “Traveler” and other visitors and browsers of the Services). Please review the

following terms carefully. If you do not agree to these terms, you have no right to obtain information from the Site or otherwise continue using the Services. Failure to use the Services in accordance

with the following terms of use may subject you to civil and criminal penalties.

In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such Policies are incorporated by

reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.

We reserve the right to modify the Services and these Terms and/or Policies at any time. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you

notice of the modification by email. Changes to the Terms will be effective at the time of posting.

You are responsible for regularly reviewing these Terms. By us

ing the Services, you agree that the posting of new or revised Terms or Policies on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use

of the Services after any such changes or after explicitly accepting the new terms upon logging into the Site shall constitute your consent to such changes and you agree to be bound by them as of the

date of the modification.

User Responsibilities

Our Site is an online platform and marketplace with related technology through which members can offer travel services, collect payments for travel services and find and learn about travel services

offered by other members. Travelers and Trip Organizers can learn about each other through the Services and arrange for bookings of Trips directly with each other. MAM Tours is not the organizer,

operator nor provider of any travel related activities, including, but not limited to, tours, trips and activities. Unless explicitly specified otherwise in the MAM Tours platform, MAM Torus’s responsibilities

are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Trip Organizer for the purpose of accepting payments from Travelers

on behalf of the Trip Organizer.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TRIP ORGANIZERS AND TRAVELERS CONNECTING AND BOOKING

TRIPS DIRECTLY WITH EACH OTHER. MAM TOURS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY TRIP OFFERING AND THE CONDITION, CIRCUMSTANCES,

LEGALITY OR SUITABILITY OF ANY TRIP. MAM TOURS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRIPS.

ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER’S OWN RISK.

Account Registration

In order to access certain features of the Site, and to book a trip or create a Listing, you must register to create an account (“MAM Tours Account”) and become a Member (“Member”). You may register

to join the Services directly via the Site or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook, Google; each such account, a “Third-Party

Account”), via our Site, as described below. As part of the functionality of the Site and Services, you may link your MAM Tours Account with Third-Party Accounts, by either: (i) providing your Third-Party

Account login information to MAM Tours through the Site and Services; or (ii) allowing MAM Tours to access your Third-Party Account, as permitted under the applicable terms and conditions that

govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to MAM Tours and/or grant MAM Tours access to your Third-

Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party

Account and without obligating MAM Tours to pay any fees or making MAM Tours subject to any usage limitations imposed by such third-party service providers. By granting MAM Tours access to any

Third-Party Accounts, you understand that MAM Tours will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS

Content”) so that it is available on and through the Site and Services via your MAM Tours Account and MAM Tours Account profile page. Unless otherwise specified in these Terms, all SNS Content, if

any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-

Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your MAM Tours Account on the Site and Services. Please note that if a

Third-Party Account or associated service becomes unavailable or MAM Torus’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be

available on and through the Site and Services. You have the ability to disable the connection between your MAM Tours Account and your Third-Party Accounts, at any time, by contacting MAM Tours.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR

AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. MAM Tours makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-

infringement and MAM Tours is not responsible for any SNS Content.

Your MAM Tours Account and your MAM Tours Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via

an SNS as described above. You may not have more than one (1) active MAM Tours Account. You agree to provide accurate, current and complete information during the registration process and to

update such information to keep it accurate, current and complete. MAM Tours reserves the right to suspend or terminate your MAM Tours Account and your access to the Site, Application and

Services if you create more than one (1) MAM Tours Account, if you have not made or collected a payment through MAM Tours in the last twelve (12) months or if any information provided during the

registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.

Unless expressly authorized by a specific feature on MAM Tours, you are not permitted to share your MAM Tours Account with anyone or allow others to access or use your MAM Tours Account.

Trip Listings

As a Member, you may create a Trip Listing (“Listing”). To create a Listing, you will be asked a variety of questions about the Trip to be listed, including, but not limited to, the destination, dates,

minimum and maximum amount of travelers, duration, pricing and related rules and financial terms. In order to be featured in Listings via the Site, MAM Tours might verify of personal information from

he Trip Organizer, including, but not limited to, physical address, phone number, nationality, credit history and legal status. You understand and agree that once a Traveler requests a booking of your

Trip, you may not request the Traveler to pay a higher price than in the Trip listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and

warrant that any Listing you post (i) will not breach any agreements you have entered into with any third parties, such as travel agencies or other employers and (ii) will (a) be in compliance with all

applicable laws (such as travel guide laws and laws governing travel related activities in the departure and destination countries), tax requirements, and rules and regulations that may apply to any Trip

and activity included in a Listing you post. MAM Tours reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that MAM

Tours, in its sole discretion, considers to be objectionable for any reason. If you are a Trip Organizer, you understand and agree that MAM Tours does not act as an insurer or as your contracting agent.

If a Traveler requests a booking of your Trip and joins you for the Trip, any agreement you enter into with such Traveler is between you and the Traveler and MAM Tours is not a party thereto.

Notwithstanding the foregoing, MAM Tours serves as the limited authorized payment collection agent of the Trip Organizer for the purpose of accepting, on behalf of the Trip Organizer, payments from

Travelers of such amounts stipulated by the Trip Organizer.

Travel Issues

A “Travel Issue” means any one of the following: The description of the Trip in the Listing is materially inaccurate with respect to (i) the duration of the Trip, (ii) the content of the Trip (including but not

limited to the stated activities or sites, as applicable), or (iii) the physical location of the Trip.

T he Traveler Refund Policy

i f you are a Traveler and suffer a Travel Issue, we might agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by MAM Tours in o

discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Trip which in our determination is reasonably comparable to the Trip

described in your original reservation in terms of content and quality. For clarity, in the event the alternative Trip is of a higher price than the former, you may be responsible for any difference in price. In

the event the alternative Trip is of a lower price, you may be entitled to a partial refund for the difference. All determinations of MAM Tours with respect to the Traveler Refund Policy, including without

limitation the size of any refund, shall be final and binding on the Travelers and Guides.

Minimum Quality Standards, Trip Organizer Responsibilities and Reimbursement to Traveler

If you are a Trip Organizer, you are responsible for ensuring that the Trips you list on the Site meet minimum quality standards regarding adequacy of the description on the Site, safety, health, and do

not present a Traveler with Travel Issues. Throughout the Trip, Trip Organizers must be available in order to try, in good faith, to resolve Traveler issues.

If you are a Trip Organizer, and if (i) MAM Tours determines that a Traveler has suffered a Travel Issue related to an Trip listed by you and (ii) MAM Tours either reimburses that Traveler any amount up

to the amount paid by the Traveler through the Site for the Trip, or provides an alternative Trip to the Traveler, then you agree to reimburse MAM Tours up to the amount paid by MAM Tours within 30

days of MAM Torus’s request. All determinations of MAM Tours with respect to the Traveler Refund Policy, including without limitation the size of any refund to the Traveler, shall be final and binding on

the Travelers and Trip Organizers. You also agree that in order for you to reimburse MAM Tours up to the amount paid by MAM Tours, MAM Tours may off-set or reduce any amounts owed by MAM

Tours to you by this amount. If the Traveler is rescheduled to an alternative Trip, you may lose part or all of the total Trip Cost payment for the booking and you may be responsible for reasonable

additional costs incurred to reschedule the Traveler to the alternative Trip.

The rights of the Travelers under the Traveler Refund Policy supersede the cancellation policy that otherwise applies to a particular Trip. If you dispute the Travel Issue you may notify us in writing

(info@MAMTours.net) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith

efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of MAM Tours

with respect to the Travel Issue shall be final and binding on the Travelers and Trip Organizers. In the event of one or more Travel Issues, MAM Tours, in its discretion, may elect to take additional

actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or

removing the listing of the Travel Organizer or imposing penalties or fees for the administrative burden associated with the Travel Issues.

Travel Protection

MAM Tours recommends that you purchase a travel protection plan to help protect you and your travel investment against the unexpected. Travel protection plans include coverage for Trip

Cancellation, Trip Interruption, Emergency Medical and Emergency Evacuation/Repatriation, Trip Delay, Baggage Delay and more. For a summary of plan details on benefits, coverages, limitations and

exclusions, please refer to the applicable Description of Coverage.

General Provision: (a) Modification or Termination. MAM Tours reserves the right to modify or terminate this Traveler Refund Policy, at any time, in its sole discretion, and without prior notice. (b) If MAM

Tours modifies this Traveler Refund Policy, we will post the modification on the Site or provide you with notice of the modification and MAM Tours will continue to process all claims for Travel Issues

made prior to the effective date of the modification. (c) Entire Agreement and Definitions. This Traveler Refund Policy constitutes the entire and exclusive understanding and agreement between MAM

Tours and you regarding the Traveler Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between MAM Tours and you regarding the Traveler

Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the MAM Tours Terms of Service. Controlling Law. This Traveler Refund Policy will be interpreted in

accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.

IN NO EVENT WILL MAM TOURS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS MAM TOURS POLICY TERMS, EXCEED THE AMOUNT OF THE TRIP COST

COLLECTED BY MAM TOURS FROM THE TRAVELER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL

DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN EXPERIENCE OR OTHERWISE

USING THE SITE, SERVICES AS A TRIP ORGANIZER OR TRAVELER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE

POLICY TERMS.

No Endorsement

MAM Tours does not endorse any Travel Organizer, Traveler or any Trip. Members are required by these Terms to provide accurate information, and although MAM Tours may undertake additional

checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported

identity or background.

Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not

represent anything else. Any such description is not an endorsement, certification or guarantee by MAM Tours about any Member, including the Member’s identity and whether the Member is

trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom

you contact or interact with via the Site and Services. MAM Tours is not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the

particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from MAM Tours with respect to such actions or omissions. This

limitation shall not apply to any claim by a Trip Organizer against MAM Tours regarding the remittance of Traveler payments by MAM Tours on behalf of a Trip Organizer, which instead shall be subject

to the limitations described in the section below entitled “Limitation of Liability”.

Booking and Financial Terms for Trip Organizers

“Trip Cost” means the amounts that are due and payable by a Traveler to the Trip Organizer for the Traveler’s participation in a Trip. Trip Cost might include, but is not limited to, a full payment or a

partial payment (“Deposit”) of the total costs as well as any payments for the organization of information dinners related to the Trip.

The Trip Organizer controls the funds provided by the travelers. However, in case of suspected fraud or similar issues, MAM Tours may block payouts of the Trip Cost to the Trip Organizer at any time.

In case of suspected fraud or similar, the amount and effective date of the payouts is at the sole discretion of MAM Tours. The Trip Organizer is not entitled to any of the Trip Cost without MAM Torus’s

consent. The time it takes for the Trip Organizer to receive payouts may depend upon the method for receiving payouts chosen by the Trip Organizer. Some methods involve the use of third-party

payment processors, who may impose their own additional charges for the use of their services on the Trip Organizer, including the deduction of their own charges from the payout amount.

MAM Tours may block payouts to Trip Organizers without any limitations if MAM Tours has doubts about the Trip Organizer’s ability to carry out the offered travel services.

Appointment of MAM Tours as Limited Payment Collection Agent for Trip Organizer

Each Trip Organizer hereby appoints MAM Tours as the Trip Organizer’s limited payment collection agent solely for the purpose of accepting the Trip Cost from Travelers. Each Trip Organizer agrees

that payment made by a Traveler through MAM Tours, shall be considered the same as a payment made directly to the Travel Organizer, and the Travel Organizer will make the Trip available to the

Traveler in the agreed-upon manner as if the Trip Organizer has received the Trip Cost. Each Trip Organizer agrees that MAM Tours may, in accordance with the MAM Tours cancellation policy or Trip

specific cancellation policy reflected in the relevant Listing, (i) permit the Traveler to cancel the booking and (ii) refund (via MAM Tours) to the Traveler that portion of the Trip Cost specified in the

applicable cancellation policy. Each Trip Organizer understands that MAM Tours accepts payments from Travelers as the Trip Organizer’s limited payment collection agent and that MAM Torus’s

obligation to pay the Trip Organizer is subject to and conditional upon successful receipt of the associated payments from Travelers. MAM Tours does not guarantee payments to Trip Organizers for

amounts that have not been successfully received by MAM Tours from Travelers. In accepting appointment as the limited authorized agent of the Trip Organizer, MAM Tours assumes no liability for any

acts or omissions of the Trip Organizer. Please note that MAM Tours does not by default charge fees for the creation of Listings. However, you as a Travel Organizer acknowledge and agree that MAM

Tours reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. You as a Travel Organizer also acknowledge that MAM Tours reserves the right to

pass on any fees from credit card transactions or other transaction related services to the organizer. MAM Tours provides notice and lists certain fees in the pricing section of their site.

Payment Processing

Payment processing services for MAM Tours are among others provided by Stripe, Inc. and Stripe Payments Europe, Ltd. ("Stripe") and are subject to the Stripe Connected Account Agreement, which

includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to use MAM Torus’s service, you agree to be bound by the Stripe Services

Agreement, as the same may be modified by Stripe from time to time. As a condition of MAM Tours enabling payment processing services through Stripe, you agree to provide MAM Tours accurate and

complete information about you and your business, and you authorize MAM Tours to share it and transaction information related to your use of the payment processing services provided by Stripe. In

all cases, standard credit card or other third party processing fees apply in addition to any service fee. MAM Tours is not responsible for the performance of any third party credit card processing or third

party payment services. You expressly understand and agree that the MAM Tours shall not be liable for any payments and monetary transactions that occur through Your use of the Service.

Taxes

Tax regulations may require MAM Tours to collect appropriate tax information from our Trip Organizers, or to withhold taxes from payouts to Trip Organizers, or both. You as a Trip Organizer are solely

responsible for keeping the information in your tax forms current, complete and accurate.

You as a Trip Organizer understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including

Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. MAM Tours

cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from a Trip Organizer, MAM Tours may issue a valid VAT invoice to such Trip Organizer.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) in the destination location of the Trip may require Taxes to be collected by

Trip Organizers from Travelers on the amount paid for the right to consume and/or provide touristic services and other travel related activities, and to be remitted to the respective Tax Authority. In

certain jurisdictions, MAM Tours may decide in its sole discretion to facilitate collection and remittance of Taxes from Trip Organizers and/or Travelers on behalf of and in-lieu of Trip Organizers, if such

tax jurisdiction asserts MAM Tours or Trip Organizers have a tax collection and remittance obligation. Whether you are a Traveler of Trip Organizer, you agree that any claim or cause of action relating

to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by MAM Tours in connection with collection and remittance of Taxes, if any. Travelers and Trip

Organizers agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that

your sole remedy for Taxes collected is a refund of Taxes collected by MAM Tours from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

Foreign Currency

MAM Torus’s online platform facilitates bookings between Travelers and Trip Organizers who may prefer to pay and to receive payments in different currencies, which may require foreign currency

conversions to accommodate these differing currency preferences. Although the MAM Tours platform might allow users to view the price of Listings in a number of currencies, the currencies available

for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another

currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US

dollars would be 0.8. Currency conversion rates will vary from time to time.

MAM Tours might process a foreign currency conversion in the following situations:

The displayed currency is different from the listing currency when a user views a Listing;

The booking currency is different from the listing currency when a Traveler submits a booking request for a Listing;

The payout currency (for partial or total payouts) is different from the listing currency when MAM Tours initiates a payout;

When a confirmed booking is modified or cancelled, and there was a foreign currency conversion when the booking was submitted.

MAM Tours updates the base exchange rate on a regular basis, but not on a real-time basis. In particular, MAM Tours does not always change the base exchange rate immediately when its costs of

foreign exchange change. Accordingly, the base exchange rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if

your card or bank account is denominated in a currency that is different from the booking Currency or the payout Currency respectively. Similarly, third-party payment processors may also use a

currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to MAM Tours.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective

Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or

Collective Content;

use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;

copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP

spoofing, forged routing or electronic mail address information or similar methods or technology;

use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal

contact information or credit, debit, calling card or account numbers;

use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements "stalk" or harass any other user of our Site, Services or

Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a MAM Tours Traveler of Trip Organizer;

offer, as a Trip Organizer, any trip that you do not yourself conduct, organize or operate;

register for more than one MAM Tours Account or register for an MAM Tours Account on behalf of an individual other than yourself;

unless MAM Tours explicitly permits otherwise, request or book a Trip if you will not actually be going on that Trip yourself;

contact a Trip Organizer for any purpose other than asking a question related to a Trip contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the

Site and Services;

recruit or otherwise solicit any Trip Organizer or other Member to join third-party services or websites that are competitive to MAM Tours, without MAM Torus’s prior written approval;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;

use the Site, Services or Collective Content to find a Trip Organizer or Traveler and then complete a booking of a Trip independent of the Site or Services, in order to circumvent the obligation to pay

any Service Fees related to MAM Torus’s provision of the Services or for any other reasons;

as a Trip Organizer, submit any Listing with false or misleading price information,

submit any Listing with a price that you do not intend to honor;

post, upload, publish, submit or transmit any Content that:

infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

is fraudulent, false, misleading or deceptive;

is defamatory, obscene, pornographic, vulgar or offensive;

promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

is violent or threatening or promotes violence or actions that are threatening to any other person; or

promotes illegal or harmful activities or substances;

systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like,

whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, MAM Torus’s name, any MAM Tours trademark, logo or

other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without MAM Torus’s express written consent.

access, tamper with, or use non-public areas of the Site or Services, MAM Torus’s computer systems, or the technical delivery systems of MAM Torus’s providers;

attempt to probe, scan, or test the vulnerability of any MAM Tours system or network or breach any security or authentication measures;

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false

source-identifying information;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

MAM Tours has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

MAM Tours may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to

respond to claims asserted against MAM Tours or to comply with legal process (for example, subpoenas or warrants);

enforce or administer our agreements with user;

engage in fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or

protect the rights, property or safety of MAM Tours, its users, or members of the public.

You acknowledge that MAM Tours has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for

the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your

compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is

otherwise objectionable or as set forth in these Terms. MAM Tours reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MAM Tours, at its

sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

Ownership

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and

Collective Content, including all associated intellectual property rights, are the exclusive property of MAM Tours and its licensors. You will not remove, alter or obscure any copyright, trademark, service

mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content

MAM Tours Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, MAM Tours grants you a limited, non-exclusive, non-transferable license, to (i) access and view any MAM Tours Content solely

for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no

right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services,

or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by

MAM Tours or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant

to MAM Tours a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer,

publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, by means of or to promote or market the Site and Services. MAM

Tours does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member

Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either

are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to

MAM Tours the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the

Member Content or MAM Torus’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent,

copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that MAM Tours is not responsible or liable for: (i) the availability or accuracy of such websites

or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MAM Tours of such

websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such

websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notice

All trademarks, service marks, logos, trade names and any other proprietary designations of MAM Tours used herein are trademarks or registered trademarks of MAM Tours. Any other trademarks,

service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at

info@MAMTours.net or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of MAM Tours and you hereby irrevocably assign

to MAM Tours and agree to irrevocably assign to MAM Tours all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and

other proprietary or intellectual property rights therein. At MAM Torus’s request and expense, you will execute documents and take such further acts as MAM Tours may reasonably request to assist

MAM Tours to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

MAM Tours respects copyright law and expects its users to do the same. It is MAM Torus’s policy to terminate in appropriate circumstances the MAM Tours Accounts of Members or other account

holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

You acknowledge and agree that the Site, including all associated intellectual property rights, are the exclusive property of MAM Tours. You will not remove, alter or obscure any copyright, trademark,

service mark or other proprietary rights notices incorporated in or accompanying the Site. All trademarks, service marks, logos, trade names, and any other proprietary designations of MAM Tours used

on or in connection with the website and MAM Tours Content are trademarks or registered trademarks of MAM Tours in the US and abroad. Trademarks, service marks, logos, trade names and any

other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners.

MAM Tours Pro Subscription

If you are not satisfied with your MAM Tours Pro or Enterprise account within 30 calendar days of payment date, simply contact our support team at info@MAMTours.net and we will refund your

payment. No partial or full refunds will be issued after 30 calendar days. Your subscription will automatically renew unless you cancel your plan before the end of the current subscription period.

On Hold Balance

A hold is an action that MAM Tours may take under certain circumstances on the account level. When MAM Tours places a temporary hold on an account, the funds are not available to pay out but are

available to issue refunds. MAM Tours reviews many factors before placing a hold on a payment, including: fraud warnings on recent payments, account tenure, overall transaction activity, business

type, past customer disputes, and overall customer satisfaction.

Risk-based holds (for payments receiving early fraud warnings, customer complaints, multiple disputes / chargebacks, etc.) generally remain in place for up to 30 days from the date the payment was

received into your MAM Tours account. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion. The hold may last longer than 30 days if the

payment is deemed fraudulent and/or results in a disputed transaction or chargeback. In this case, we’ll hold the payment in your MAM Tours account until the matter is resolved (but no longer than 180

days).

MAM Tours reserves the right to refund any payments deemed fraudulent and suspicious and to cancel any related bookings based on our internal risk assessment.

Negative Balances

We reserve the right to debit your connected bank account in the event that your MAM Tours account balance becomes negative. This happens when disputes are more than the balance in your

account. This precautionary measure is implemented to guarantee the timely fulfillment of any pending refunds on your MAM Tours account, ultimately reducing the risk of any future customer disputes.

Disputes or Chargebacks

The Trip Organizer is fully liable to MAM Tours for the full amount of all disputes or chargebacks received from payments from Travellers (including any relevant costs and fines). MAM Tours will provide

support and assistance to the Trip Organizer in submitting dispute evidence, following industry best practices. MAM Tours will promptly communicate with the Trip Organizer on the status of the dispute

/ chargeback and inform the Trip Organizer about the outcome of the dispute claim.

When a Traveler files a dispute or chargeback with their bank, the Trip Organizer agrees that the full amount of the Trip Cost or the relevant disputed portion thereof will be automatically deducted from

the MAM Tours account. This amount is temporarily put on hold by the payment processor until the dispute is resolved. It typically takes up to 60 to 80 business days for the bank to come to a

resolution for a dispute. During this time, the funds are also temporarily returned to the Traveler.

The Trip Organizer agrees to provide full cooperation and assist MAM Tours with any necessary information related to the dispute or chargeback claim. The Trip Organizer acknowledges that MAM

Tours cannot guarantee that the dispute will be resolved in favor of the Trip Organizer. The Trip Organizer acknowledges that the issuing bank/s make the final legal decision for every dispute case.

Suspension, Termination and MAM Tours Account Deletion

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or delete your MAM Tours Account. If we

exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your MAM Tours Account will be deactivated or suspended,

your password will be disabled, and you will not be able to access the Site, Services, your MAM Tours Account, your Member Content, or receive assistance from MAM Tours Customer Service, (b) any

pending or accepted future bookings as either Trip Organizer or Traveler will be immediately terminated, (c) we may temporarily place a hold on your account equivalent to total payments for upcoming

and future trips, expected amount of refunds, or potential chargeback amounts (d) we may communicate to your Travelers or Trip Organizers that a potential or confirmed booking has been cancelled,

(e) we may refund your Travelers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (f) we may contact your Travelers to inform them about potential alternate

Trips with other Trip Organizers that may be available on the Site and Services, and (g) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled

as a result of a suspension, deactivation or termination of your MAM Tours Account.

You may request to delete your MAM Tours Account at any time by filling out this form. Please note that if your MAM Tours Account is deleted, we do not have an obligation to delete or return to you

any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MAM TOURS DOES NOT HAVE AN

OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRIP ORGANIZERS AND TRAVELERS, BUT MAY CONDUCT SUCH

BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS

OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAM TOURS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET

ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MAM TOURS MAKES NO WARRANTY THAT THE SITE,

SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TRIPS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,

SECURE, OR ERROR-FREE BASIS. MAM TOURS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TRIPS OR THE SERVICES OR COLLECTIVE CONTENT OR THE

ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAM TOURS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY

WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH

WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELERS OR TRIP ORGANIZERS. YOU

UNDERSTAND THAT MAM TOURS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY

ACCOMMODATIONS. MAM TOURS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY

CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF

THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT

LIMITED TO, TRAVELERS AND TRIP ORGANIZERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED

BY MAM TOURS. NOTWITHSTANDING MAM TOURS’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE TRIP ORGANIZER FOR THE PURPOSE OF ACCEPTING

PAYMENTS FROM TRAVELERS ON BEHALF OF THE TRIP ORGANIZER, MAM TOURS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER

THIRD PARTY.

Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION,

SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TRIPS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM,

AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MAM TOURS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MAM TOURS NOR ANY OTHER PARTY

INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY

INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER

DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS

ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY

COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR

INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY

ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER

LEGAL THEORY, AND WHETHER OR NOT MAM TOURS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO

HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE MAM TOURS HOST

GUARANTEE, IN NO EVENT WILL MAM TOURS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND

SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR

INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY

ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS

A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY MAM TOURS TO YOU IN THE

TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS

APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAM TOURS AND YOU. SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold MAM Tours and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities,

damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application,

Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of a trip, or (iii) creation of a Listing; (d) the use, condition

or Booking of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with

or as a result of a Booking or use of an Accommodation; and (e) your participation in the Referral Program or your accrual of any MAM Tours Travel Credits.

Reporting Misconduct

If you travel with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect

of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to MAM Tours by contacting us with your police

station and report number at info@MAMTours.net. Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional MAM Tours policies, guidelines, standards, or terms for a specific product, feature, service or

offering, these Terms constitute the entire and exclusive understanding and agreement between MAM Tours and you regarding the Site

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without MAM Torus’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent,

will be null and of no effect. MAM Tours may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the

parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MAM Tours (i) via email (in each case to

the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without effect given to California’s conflict-of-law provisions. You and MAM Tours

agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San

Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement,

misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution -- Arbitration

General Information

If you reside in the United States, you and MAM Tours agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or

validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to

seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade

secrets, patents, or other intellectual property rights. You acknowledge and agree that you and MAM Tours are each waiving the right to a trial by jury or to participate as a plaintiff or class member in

any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and MAM Tours otherwise agree in writing,

the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held

unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of

these Terms.

Arbitration Rules and Governing Law

This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be

administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution”

section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form "Demand for Arbitration".) The

arbitrator will be either a retired judge or an attorney licensed to practice law in Egypt and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable

to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and MAM Tours otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the

basis of documents you and MAM Tours submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a

hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited

nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the

award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability”

section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the

extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under

applicable law. MAM Tours will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, MAM Tours will pay

all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by

the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Modification” section above, if MAM Tours changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent

changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated”

date above or in the date of MAM Torus’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MAM Tours in

accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

Privacy

See MAM Tours’s Privacy Policy

Waiver; Remedies

The failure of MAM Tours to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be

effective only if in writing and signed by a duly authorized representative of MAM Tours. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these

Terms will be without prejudice to its other remedies under these Terms or otherwise.

Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the

other provisions of these Terms will remain in full force and effect.

Third Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

Contacting MAM Tours

If you have any questions about these Terms, please contact us.