Last updated: February 1, 2021
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1. COMMUNITY GUIDELINES.
To provide you with the Services, we need to build a community with a few simple guidelines. By accessing the Services or submitting any User Content (defined below), you agree to comply with these community guidelines (the “Community Guidelines”) and that:
2. AFFILIATE COMPENSATION DISCLOSURE
We have compiled a list of trip planners from around the world (“Trip Planners”), which we call “The WOW List,” and we may recommend certain of these Trip Planners, or other Trip Planners not on The WOW List, to trip-goers based on how trip-goers complete our online travel questionnaire and answer our follow-up questions. We may in some instances have financial relationships with various Trip Planners, as explained below. We are providing this disclosure to you because we believe in transparency, and we strive to comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsement and Testimonials in Advertising, which are codified at 16 C.F.R. Part 255.
Inclusion in The WOW List is by editorial decision and is based in part on reader feedback and trip-goer reviews assessed by Wendy Perrin. After select Trip Planners have been approved for The WOW List, Wendy Perrin may receive payment from Trip Planners for a marketing package that includes the right to use The WOW List logo in their own company marketing materials. Additionally, we may receive a referral fee (“Referral Fee”) from Trip Planners for trips planned for and purchased by individuals referred by us. Thus, there may be a paid connection between Wendy Perrin and a Trip Planner with respect to the services mentioned or recommended on our Website. And, in cases of third-party ads posted on our Website, we will generally receive some compensation from the third-party advertiser even if you do not purchase anything for placing their advertisement on our Website.
Please be assured that we try to provide true and accurate statements regarding any products, services, or companies mentioned, reviewed, or recommended by Wendy Perrin on our Website, regardless of whether we receive any fee from the Trip Planner. And, regardless of any affiliations, we only recommend products, services, or companies that we believe will be good for our Website visitors and trip-goers.
3. TRIP PLANNER DISCLAIMER
Wendy Perrin provides a platform where you may contact Trip Planners, and does not directly plan or book trip arrangements. You acknowledge and agree that: (i) Trip Planners are not employees or agents of Wendy Perrin and are independent contractors, and as such are not covered under Wendy Perrin’s insurance, and are not able to bind Wendy Perrin; (ii) although Wendy Perrin requires the Trip Planners to self-designate and make certain representations regarding their backgrounds, skills, licenses, insurance, and financial soundness, Wendy Perrin does not confirm any of the foregoing, and you are solely responsible for determining the identity, suitability, and professionalism of Trip Planners you may contact; (iii) Wendy Perrin makes no representations and offers no assurances regarding any of the Trip Planners’ backgrounds, skills, licenses, insurance, financial soundness, or ability to service travelers well, and you hereby acknowledge that you assume the risk of any encounter or interaction with such Trip Planners; (iv) Wendy Perrin encourages you to communicate directly with Trip Planners and to review their reviews pages for feedback from other customers; and (v) although you are able to find information about Trip Planners through the Services, Wendy Perrin is not a party to any dealings between you and any Trip Planner and shall have no liability to any party in connection with such transactions. Wendy Perrin recommends that in connection with any transaction between you and a Trip Planner that you reduce the agreement to writing. Any legal claim you have related to a trip planned or coordinated by an affiliated Trip Planner must be brought against that Trip Planner directly. YOU HEREBY RELEASE WENDY PERRIN FROM ANY CLAIMS RELATED TO ANY TRIPS PROVIDED BY A TRIP PLANNER FOUND THROUGH OUR SERVICES, INCLUDING FOR MISREPRESENTATIONS BY SUCH TRIP PLANNERS.
4. INTELLECTUAL PROPERTY.
The trademarks, service marks, and logos of Wendy Perrin (the “Wendy Perrin Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Wendy Perrin. Other company and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Wendy Perrin Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Wendy Perrin Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
5. USER CONTENT.
The Website allows you to submit reviews and comments about a trip you took through a Trip Planner you connected with through our Services (“User Content”). You, and not Wendy Perrin, are entirely responsible for all User Content that you upload, submit or otherwise transmit through the Website. You acknowledge that once you submit User Content and confirm that we may post it on the Website, it will be viewable by all other Website visitors. We are not obligated to post any User Content on our Website.
To the extent permitted by law, you retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual, irrevocable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.
6. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains sensitive information. With respect to all e-mails and communications you send to us (whether oral or written), including, but not limited to, feedback, questions, comments, suggestions, testimonials, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of Services that incorporate such information without compensation or attribution to you.
7. GENERAL DISCLAIMER; LIMITATION OF LIABILITY.
THE SERVICES AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY WENDY PERRIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WENDY PERRIN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WENDY PERRIN DOES NOT WARRANT THAT: (1) THE INFORMATION PROVIDED THROUGH THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
8. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION.
a. Representations and Warranties. You hereby represent, warrant, and covenant that:
i. You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder; and
ii. Use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.
9. DIGITAL MILLENNIUM COPYRIGHT ACT.
Wendy Perrin respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Wendy Perrin, Inc.
P.O. Box 304
Short Hills, N.J. 07078
Attn: Copyright Agent
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
10. COMPLIANCE WITH APPLICABLE LAWS.
The Services are based in the United States. We make no claims concerning whether the Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, or Purchases may be made, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11. CONTROLLING LAW.
12. BINDING ARBITRATION.
13. CLASS ACTION WAIVER.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. EQUITABLE RELIEF.
15. EXTERNAL WEBSITES.
The Website may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.
16. CHANGES TO THE AGREEMENT.
19. HOW TO CONTACT US.
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