PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY GET OUT OF CAMBRIDGE, INC. (“COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY COMPANY, INCLUDING, WITHOUT LIMITATION, THE WWW.GTROT.COM WEBSITE AND DOMAIN NAME OR ANY SUCCESSOR SITE THERETO (“COMPANY,” THE “COMPANY COMMUNITY,” OR THE “SITE”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE”). BY ACCEPTING THESE TERMS OF USE DURING THE CONFIRMATION PROCESS OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES. Acceptance of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Site by Company. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
We reserve the right, in our sole discretion, to revoke or suspend your membership in and/or access to the Site, at any time without notification or liability to you or any other person, and for any reason or for no reason at all. While we retain the right to revoke or suspend your access to the Site, Company shall have no responsibility to exercise it or to moderate disputes between members.
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Company’s privacy statement is located at http://www.gtrot.com/privacy (the “Privacy Policy”) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please send an email to [email protected].
Through the Service, you can upload, submit, disclose, distribute or otherwise post content and information to the Service, including without limitation data, text, personal information, trip information, articles, comments and other types of information (“User Submissions”). Please remember that if you choose to provide personal information, others reading it may use or disclose it to other individuals or entities without your knowledge. Therefore, we urge you to think carefully about including any personal information about you or your family in postings.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use, and your use of Company must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. The Service and all Content (as defined below) contained therein (including, without limitation, any User Submissions) are provided only for your own personal, non-commercial use. This means you cannot take Content that you did not create from the Company Community and repost or redistribute that Content anywhere else. For purposes of these Terms of Use, the term “Content” includes, without limitation, any videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service, and any User Submissions posted by you or by other members. You may not use the Company Community to sell a product or service, or to increase traffic to your own website for commercial reasons, including, but not limited to, directing users to advertisements on your site. If you want to make commercial use of the Site or Service you must enter into a written agreement with Company to do so in advance, and abide by our commercial use policy. Please email us at [email protected] for more information.
Company respects the privacy and well being of all our users, and we ask you to be a thoughtful member of the Site and report suspected misrepresentation. We reserve the right to terminate the accounts of anyone we believe to have provided false information or other misrepresentations accounts and delete their User Submissions. However, we may retain any information they have submitted for our records.
You are responsible for all of your activity in connection with the Service. In addition, you may not use the Service for any illegal or unauthorized purpose.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any privacy settings or measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site. You shall not (directly or indirectly): (x) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (y) modify, translate, or otherwise create derivative works of any part of the Service, or (z) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Company does not guarantee that any Content or User Submission (as defined below) will be made available on the Site or through the Service. We reserve the right in our sole discretion to refuse to post or to delete any Content, including without limitation any User Submissions, from the Company Community without notification or recourse, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms of Use), or for no reason at all. Furthermore, we retain the right to maintain back-up copies of any materials that we delete from the Company Community.
Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. Company is not responsible for and does not endorse any such third-party content or services. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators, or any third-party service providers, products, services, opinions, or websites accessed through the Service. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Company operates the Site as online networking service for travel planning and sharing. Company is not a party to any transaction between users or between users and any travel booking service. As a result, Company does not (a) guarantee or ensure any transaction between users for ride-sharing or (b) between users and any third-party travel booking service.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree that you have no license or right to use Company’s and/or its licensors’ trademarks, copyrights, patents, trade secrets, Content and other intellectual property rights (collectively, “Intellectual Property”), except while logged in as an authorized member of the Site, and then only in connection with your use of the Site to the extent authorized by these Terms of Use. The Intellectual Property may not be used in connection with any product, service, publication or website of you or any third party without our express written permission, or in any manner that disparages or discredits Company.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.
You may, to the extent the Site expressly authorized you to do so, download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Company grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Site and/or Services and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Use, reproduction, modification, distribution, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.
If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You agree that because of the unique nature of the Company Community and it’s Content, and the proprietary rights of Company, your breach of these provisions would irreparably harm Company or its licensors and that monetary damages would be inadequate compensation. You further agree that in the event of any actual or threatened breach of this section, Company shall be entitled to preliminary and permanent injunctive relief, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.
By posting, submitting, displaying, publishing or otherwise making available any User Submissions on or at any of the Site or otherwise through the Service, you:
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Company has no obligation to monitor the Site, Service, Content, or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership and/or access. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Company makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content accessed through the Site. By using the Service, you agree that Company does not endorse and shall not be liable for (a) any Content, (b) any person’s reliance on any such Content, whether or not correct, current and complete, or (c) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY OF ITS WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, SAFETY, SECURITY, RELIABILITY OR TIMELINESS OF ANY TRIPS OR RIDE SHARES YOU MAY TAKE OR TRANSPORTATION YOU MAY USE AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR, OR ANY HARM, INJURY, DAMAGE OR LOSS YOU MAY SUFFER.
NONE OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES SHOULD BE INTERPRETED AS TRANSPORTATION ADVICE OR AS AN ENDORSEMENT OF ANY MEANS OF TRANSPORTATION OR OF ANY USER OF THE SITE. YOU BEAR SOLE RESPONSIBILITY FOR ALL DECISIONS AND RESULTS BASED ON YOUR USE OR RELIANCE ON SUCH INFORMATION.
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, 0R PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boston, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Suffolk County, Massachusetts. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Company’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you believe that Content residing on or accessible through the Company website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: Robert Corty, 67 Mt. Auburn St., 4th Floor, Cambridge, MA 02138, [email protected]
Thank you for your cooperation. We hope you find the Company Site informative, useful and easy to use. If you have any comments or questions regarding the Company Community, or you want to report a malfunction or problem, please email [email protected] or send us snail mail to our postal address of Get Out of Cambridge, Inc., 67 Mt. Auburn St., 4th Floor, Cambridge, MA 02138, Attn: Member Care. We will try our best to respond to you quickly, but cannot always do so due to the volume of requests.
Effective Date: September 10, 2009
