getawayGoGo, Inc. ("getawayGoGo") provides you, the user (“You”), with discounted vacation rental deals in an online marketplace that enables publication of listings, communication between members and third parties who offer services, booking of accommodations, and a variety of other travel and non-travel related services outlined on https://www.getawayGoGo.com (our “Website”). Our Website, mobile, tablet and other smart device applications, application program interfaces, and associated services are collectively referred to herein as getawayGoGo’s “platform.”
In order to use the Website and/or Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, these terms and conditions (this "Agreement"), which may be modified by getawayGoGo from time to time at our sole discretion. All modifications will be posted to the Website and such modifications will become effective immediately upon the posting thereof. It is Your responsibility to review this Agreement on a regular basis to keep Yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. BY ACCESSING THE WEBSITE AND/OR THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
getawayGoGo provides You with a platform that serves as an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Travelers”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), and a variety of other travel and non-travel related services. getawayGoGo provides You with access to a variety of resources, including: information, content, products and services offered through the Website, including any subdomains thereof, any other websites through which getawayGoGo makes its services available, mobile, tablet and other smart device applications, application program interfaces, and all associated services (collectively, the “Service”).
As the Website is only the technical provider of the platform for searching for offers, getawayGoGo does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is getawayGoGo an organizer or retailer of travel packages. Hosts alone are responsible for their Listings, Host Services and Accommodations. When Members make or accept a booking with a Host, they are entering into a contract directly with each other. getawayGoGo is not and does not become a party to or other participant in any contractual relationship between Members and Hosts, nor is getawayGoGo a real estate broker or insurer. getawayGoGo is not acting as an agent in any capacity for any Member or Host.
Use of getawayGoGo’s platform by Traveler is free of charge. There is also no charge to Travelers when they reserve a property through getawayGoGo’s platform. getawayGoGo may make access to and use of getawayGoGo’s platform, or certain areas or features of getawayGoGo’s platform, subject to certain conditions or requirements.
getawayGoGo charges fees to Hosts ("Host Fees") in consideration for the use of its platform. Any applicable Service fees (including any applicable taxes) will be displayed to a Host prior to Integration activation. getawayGoGo reserves the right to change the Service fees at any time, and will provide Members adequate notice of any fee changes before they become effective. You are responsible for paying any Service fees that you owe to getawayGoGo. The applicable Service fees (including any applicable taxes) are collected by getawayGoGo using Stripe. getawayGoGo will charge a Booking fee of $10 when a logged in traveler clicks on the Reserve Now button on the property page and completes the reservation process on getawayGoGo. getawayGoGo will charge a Connection fee of $7 when Contact Property Manager button is selected by a logged in traveler. A Connection is made when a traveler clicks on the Contact Property Manager button on the property page and is directed to the property manager contact page on getawayGoGo or when the reservation process is not completed. All subsequent Contact Property Manager connections for that deal are not charged. If a booking is made for a property that has already been charged for an inquiry an additional $3 will be charged for a total of $10. All Booking and Connection charges are billed on the last business day of each week. Except as otherwise provided on getawayGoGo’s platform, Service fees are non-refundable.
There shall be no returns or refunds for products or services that You purchase through the Website or elsewhere on the platform.
getawayGoGo may access pricing and calendar database using Host’s software API at least once per day and as accessed by user through offer searches. Continual access to this information is important for accurate pricing and calendar data. In order to ensure the brand integrity and trust of the Website, the offer price is communicated to the Traveler on the Website as being the final price they will pay. Host is responsible for ensuring that pricing is accurate.
If you choose to use getawayGoGo’s platform as a Host, your relationship with getawayGoGo is as a customer using its Website as a marketing service and not an employee, agent, joint venturer or partner of getawayGoGo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of getawayGoGo. getawayGoGo does not, and shall not be deemed to, direct or control You generally or in Your performance hereunder, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion as to whether to list Host Services or otherwise engage in other business or employment activities.
As a condition of registering for use of the Service, You agree to (a) provide getawayGoGo with true, accurate, current, and complete information as prompted by the getawayGoGo registration forms on the Website, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy, and completeness of such information.
If You are under the age of eighteen (18), You are prohibited from using or registering for the Service. By accessing or using getawayGoGo’s Website or any other part of the platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
Use of the Service is void where prohibited.
You must register an “Account” ("getawayGoGo Account") to access and use certain features of getawayGoGo’s platform, such as publishing or booking a Listing. If you are registering a getawayGoGo Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms and Conditions.
You will choose a password when You register. Your user ID will be the valid e-mail address that You enter. Your user ID and password may only be used by You and the members of Your household. You are solely responsible for maintaining and protecting the confidentiality and security of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password. You must immediately notify getawayGoGo if you know or have any reason to suspect that your getawayGoGo Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your getawayGoGo Account. You are liable for any and all activities conducted through your getawayGoGo Account.
You must provide accurate, current and complete information during the registration process and keep your getawayGoGo Account and public getawayGoGo Account profile page information up-to-date at all times.
You may not register more than one (1) getawayGoGo Account per company or per user unless getawayGoGo authorizes you to do so. You may not assign or otherwise transfer your getawayGoGo Account to another party unless getawayGoGo authorizes you to do so.
You acknowledge and agree that getawayGoGo may monitor and/or record any telephone calls between You and getawayGoGo.
By agreeing to the terms and conditions of this Agreement, getawayGoGo grants You a limited license to access and use the Website and/or Service for Your personal use. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial, educational, or any other non-personal purpose any content that is not Your sole and exclusive property, without the express written consent of getawayGoGo.
In connection with Your use of the Service, You represent and warrant that You:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not access, download, or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(d) will not submit any content that may be considered by getawayGoGo to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically, or otherwise objectionable;
(e) will not submit content that is encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden our Website;
(f) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(g) will not use the Service in any manner that infringes, misappropriates, or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party's rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;
(h) will not use the Service in any way that could interfere with the rights of getawayGoGo or the rights of other users of the Service;
(i) have sufficient rights in and to all content that You provide, transmit, or otherwise convey to getawayGoGo;
(j) will not reproduce, duplicate, copy, sell, re-sell, or exploit any content belonging to a third party;
(k) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute the content that you provide to us, whether through the Website or otherwise, and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
(l) will pay all charges for the Service when due.
The content that You provide does not reflect the views of getawayGoGo, its officers, managers, owners, employees, agents, designees, or other users. In addition, getawayGoGo retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. getawayGoGo may suspend, restrict or terminate Your use of the Service and refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement, infringes upon others’ intellectual property rights, or constitutes pornography, obscenity, or excessive length. getawayGoGo may at any time, without prior notice and in its sole discretion, remove such content, terminate Your account for submitting such material in violation of these Terms and Conditions, and/or contact appropriate authorities. Additionally, getawayGoGo may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
Host agrees to keep Listing content and Host Services information accurate so that Host’s Listing(s) fairly represents the Accommodation(s) and area around it (which also protects the integrity of the overall reputation and quality of the Website).
To promote getawayGoGo’s platform and to increase the exposure of Listings to potential Travelers, Listings and other content from Members may be displayed on other websites, in applications, within e-mails, and in online and offline advertisements. getawayGoGo may make Your identifiable information, account information, and the content available to our employees and third parties with whom we contract to handle Your account. In addition, getawayGoGo may provide non-personally identifiable aggregate statistics, unique identifiers, demographic, and other anonymous information about You and other users of the Service to advertisers, and other third parties. You agree that getawayGoGo may make such uses of information You provide or getawayGoGo collects.
You agree that getawayGoGo may access, preserve, and disclose Your account information, any information provided by You to getawayGoGo, including, but not limited to, the content for the purposes described in this Agreement, if required to do so by law or if in good faith, getawayGoGo believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of getawayGoGo, users of its Service, and/or the public.
getawayGoGo will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website. getawayGoGo will make note of the date of the last update to the Agreement at the bottom of this Agreement. You are responsible for reviewing these Terms and Conditions regularly. Your continued use of the Website and/or Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Website and Service.
getawayGoGo may upgrade, enhance, change, suspend, discontinue, or otherwise modify any aspects or components of the Website at any time in its sole and absolute discretion and without notice. Any modifications made available to You will be subject to the terms of this Agreement. getawayGoGo reserves the right at any time to limit access to, modify, change, or discontinue the Service and/or Website with or without notice to You and we shall not be liable to You for any such modification, suspension, or discontinuance of the Service or Website. You agree that getawayGoGo will not be liable to You or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Service or Website. You agree that getawayGoGo may establish general practices, policies, and limits, which may or may not be published, concerning the use of the Service, including without limitation, the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that getawayGoGo has no responsibility or liability for the deletion or failure to store any communications maintained or transmitted by or through the Service. You agree that getawayGoGo has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. getawayGoGo is not responsible for any delays, failures, or other damage resulting from such problems.
getawayGoGo appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Although we do value Your feedback on our Service, please be specific in Your comments regarding our Service and do not submit creative ideas, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, or other information (collectively, the "Submissions"), such Submissions will be the property of getawayGoGo. In addition, none of the Submissions will be subject to any obligations of confidentiality and getawayGoGo will not be liable for any future use or disclosure of such Submissions.
getawayGoGo may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through getawayGoGo’s platform ("Member Content"); and (ii) access and view Member Content and any content that getawayGoGo itself makes available on or through its platform, including proprietary getawayGoGo content and any content licensed or authorized for use by or through getawayGoGo from a third party ("getawayGoGo Content" and together with Member Content, "Collective Content").
All content uploaded by a Member is acknowledged to be owned by Host and Host is allowed to post content without copyright violation. All content uploaded by Host is and will be the property of Host and not getawayGoGo.com or getawayGoGo, Inc. and may be removed or deleted at any time by Host. However, while Host is a member of getawayGoGo’s platform, Host shall grant a limited license to the use of the images and content for online marketing purposes on getawayGoGo.com.
Aside from user-submitted content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software (collectively, the "Copyright Materials") are the exclusive property of getawayGoGo and/or its licensors. Except for the limited license granted in Section 8, getawayGoGo owns and retains all right, title, and interest in and to the Website, all copies, data, graphics, images, photos, videos, audio recordings, compilations, materials and information underlying or relating to the Website, and all intellectual, industrial, and proprietary rights in or relating to any of the foregoing. The Website and all aspects thereof are protected by federal and international copyright and trademark laws and are legally protectable as property of getawayGoGo. You agree that all such content, whether or not legally protected by copyright law, are protectable by this Agreement and no portion of such content and materials on the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of getawayGoGo. The Website is for Your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded content and materials and shall comply with any applicable end user license agreements. You hereby acknowledge that You are a limited purpose licensee of the content and materials on the Website and You have agreed to abide by all terms and conditions restricting Your license.
Subject to your compliance with these Terms and Conditions, getawayGoGo grants user and Member a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the application on Your personal device(s); and (ii) access and view any Collective Content made available on or through getawayGoGo’s platform and accessible to You, solely for Your personal and non-commercial use.
Commercial use of the Website, including but not limited to the use of software to access data via screen scraping or extraction, that acts to slow or strain servers, circumventing measures that control access to the Website, is prohibited. getawayGoGo has the sole authority to grant access to the Website and can limit or revoke access at any time without notification or liability.
To the maximum extent permitted by applicable law, getawayGoGo disclaims all representations and warranties of any kind with respect to the Website and Service, including but not limited to implied warranties of non-infringement, title, merchantability, quiet enjoyment, quality of information, and fitness for a particular purpose. Due to the nature of the Internet, getawayGoGo cannot guarantee the continuous and uninterrupted availability and accessibility of getawayGoGo’s platform. getawayGoGo may restrict the availability of its platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of its servers, or to carry out maintenance measures that ensure the proper or improved functioning of its platform, and may occur as long as necessary. getawayGoGo may improve, enhance and modify its platform and introduce new getawayGoGo Services from time to time. You understand and agree that THE WEBSITE AND SERVICE, AND ALL CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT getawayGoGo MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICE WILL BE ACCURATE, RELIABLE, OR PERMANENT; OR (C) ANY ERRORS IN THE WEBSITE AND/OR SERVICE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, getawayGoGo, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE AND WEBSITE AND YOUR USE THEREOF.
getawayGoGo shall not be responsible for any delays, errors, failures to perform, interruptions, or disruptions in the Website and/or Service caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure, or failures of the Internet.
getawayGoGo makes no representation or warranty of any kind, expressed or implied, as to the accuracy or completeness of any information accessible via the Website or Service, or any other content, materials, products or services available through the Website or Service. No oral or written information or advice given to You by getawayGoGo or any other party with respect to the Website or Service or anything related thereto shall create a representation or warranty, or in any way increase the scope of getawayGoGo’s obligations hereunder.
getawayGoGo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other Member Content (as defined above), or (iii) the performance or conduct of any Member or third party. getawayGoGo does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by getawayGoGo about any Member, including the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, use other Host Services, accept a booking request from a Traveler, or communicate and interact with other Members, whether online or in person. Verified images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by getawayGoGo of any Host or Listing. You assume total responsibility and risk for Your use of the Website and/or Service. Further, getawayGoGo will not be a party to or in any way responsible for any transaction between You and a third party. getawayGoGo does not assume any responsibility for the confirmation of any Member’s identity.
When property ratings are available in a listing, they are provided by Host or Host’s software service connection and not facilitated by any reviewing tool on the Website.
You understand that getawayGoGo is solely a marketing platform that displays offers being made by Hosts and is not party to the any Host’s reservation agreements or any other related agreements made with such Hosts, and therefore does not assume any liability for any offers or bookings made by You online or offline with Host. When a reservation is made using Reserve Now, You will be given all of the Host’s contact information at the time of the booking, and it is solely Your responsibility to ensure that the reservation has been confirmed (even if you receive a confirmation e-mail from getawayGoGo communicating that a reservation has been made with the Host).
Travelers are subject to Reservation Agreements with Hosts. Hosts and Travelers are responsible for any modifications to a booking, whether made through the facilitation of the getawayGoGo platform or directly with Host when contacting them outside of the Website. The Host’s cancellation policies are not managed or facilitated by getawayGoGo. getawayGoGo does not staff a Resolution Center as all reservations are made between Members. getawayGoGo is solely a marketing platform and is not party to the Reservation Agreement or disputes between members. Resolution of Traveler and Host issues shall be carried out directly between Host and Traveler.
Our Website may contain links to third party websites, including but not limited to social media websites and commercial websites. Third party websites may have terms and conditions, privacy and data collection practices that are different from ours. We have no responsibility or liability, directly or indirectly, for these independent policies or terms and conditions, the availability or accuracy of such third party websites, or the content, products, or services available from such third party websites or for any damage or loss caused or alleged to be caused by or in connection with use or reliance on such content, goods or services available on or through any such third party websites or services. Links to such third party websites are not an endorsement by getawayGoGo thereof. You release us and our affiliates from any liability for any damages that You incur, and agree not to assert any claims against us or them, arising from Your purchase or use of any products or services made available on third party websites. We make no representations whatsoever about any other website which You may access through or which may link to this Website. When You access another website from our Website, please understand that it is independent from our Website, and that our Website has no control over the content on that other website. These links are provided solely as a convenience to You and not as an endorsement by our Website of the contents on such third party websites. Our Website is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of material on such third party websites. If You decide to access linked third party websites, You do so at Your own risk.
To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. getawayGoGo cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. getawayGoGo’s platform may contain translations powered by Google Translate. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
getawayGoGo utilizes a third-party currency conversion service but does not assume any liability for the accuracy of the information provided by such service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL getawayGoGo, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) WHATSOEVER, RESULTING FROM (A) THE USE OR INABILITY TO USE THE WEBSITE AND/OR SERVICE; (B) THE DELETION OF CONTENT; (C) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (D) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION, DATA OR CONTENT; (E) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT, OR OTHERWISE CONVEY THROUGH THE SERVICE; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THROUGH THE SERVICE; (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICE BY ANY THIRD PARTY, OR ANY UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE; (H) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE; AND/OR (I) ANY BREACH OF THIS AGREEMENT BY getawayGoGo OR THE FAILURE OF getawayGoGo TO PROVIDE THE WEBSITE AND/OR SERVICE UNDER THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU ACCEPT SOLE AND COMPLETE RESPONSIBILITY FOR ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE UPON THE SERVICE OR WEBSITE, OR CONTENT CONTAINED THEREIN.
You agree to indemnify, defend, and hold harmless getawayGoGo, its officers, managers, members, owners, employees, agents, designees, users, successors, assigns, partners and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful content or other information provided by You to getawayGoGo or that You submit, transmit, or otherwise make available through the Website and/or Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. getawayGoGo will have sole control of the defense of any such damage or claim, at Your expense. You shall provide getawayGoGo with such assistance, without charge, as may be requested in connection with any such defense, including, without limitation, providing getawayGoGo with such information, documents, records and reasonable access to You as deemed necessary by getawayGoGo. You shall not settle any third party claim or waive any defense without the prior written consent of getawayGoGo.
This Agreement governs Your use of the Website, Service, and platform and constitutes the entire agreement between You and getawayGoGo. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between You and getawayGoGo regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to getawayGoGo under this Agreement.
This Agreement and the relationship between You and getawayGoGo will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located, or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Orange County, California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that getawayGoGo may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
We may cancel or terminate Your right to use or view any part of the Website, Service, or platform, or to purchase from the Website or obtain the Service for any reason at any time without notice. In the event of cancellation or termination, You are no longer authorized to access the part of the Website, Service, or platform affected by such cancellation or termination and You must immediately pay getawayGoGo any monies owed by You. The restrictions imposed on You with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
In the event You are no longer a user of this Website, the Service, or the platform, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Section 12 and Sections 17 through 23 herein.
Any and all disputes, controversies, or claims arising out of or relating to this Agreement, including without limitation, any claims or demands based on contract law, tort law, equity, statute and/or the common law shall be determined by binding arbitration, except that getawayGoGo may seek such injunctive relief as may be appropriate to enforce this Agreement pending an arbitration. Arbitration will be administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules.
Any party may initiate arbitration by giving the other party a written demand for arbitration in accordance with the notice provisions of this Agreement. Within ten (10) days of receipt of a demand for arbitration under this Section 22, the other party shall deliver a written response on the demanding party, specifying the party’s intent to participate or abstain from participation in the demanded arbitration. In the event the other party does not deliver a written response on the demanding party within the time period specified above, then and in that event, the demanding party shall proceed as if the party has not agreed to participate. Arbitration shall be initiated by service of the demand for arbitration. Arbitration shall be initiated within a reasonable time after the claim has arisen. In no event may arbitration be demanded more than one (1) year after such claim or cause of action arose.
The arbitration shall be conducted and determined by a sole arbitrator. The arbitrator will be chosen by mutual agreement of the parties. If the parties fail to reach agreement within thirty (30) days of service of the demand for arbitration, the arbitrator will be chosen by mutual agreement of two arbitrators, one appointed by each party. The two arbitrators’ choice of arbitrator shall be final and binding on the parties. The two arbitrators will use their best efforts to appoint an arbitrator within ten (10) days of being informed of the parties’ request for an appointment.
The up-front costs of the arbitration and arbitrator fees shall be borne by the parties equally. Costs and fees so paid will be subject to reallocation by the arbitrator in the award as provided for in this agreement. If any party fails or refuses to pay its share of the cost of arbitration the other party may, at its option, (1) elect to pay the entire cost of the arbitration, in which case the obligation of the nonpaying party to otherwise participate in the arbitration is not excused, or (2) immediately proceed to litigation. Regardless of which party ultimately prevails, the arbitrator, shall award liquidated damages in the amount of ten thousand dollars ($10,000.00) to the party who paid the costs of the arbitration.
At the request of a party, the arbitrator may in his or her discretion order reasonable discovery on a showing of good cause. The parties desire a speedy resolution of any disputes that may arise. To that end, the arbitrator will, on his or her appointment, consult with the parties to discuss a reasonable hearing and, if appropriate, discovery schedule.
Unless otherwise agreed by the parties, the arbitration hearings will be conducted in Orange County, California. In the event of a dispute over whether particular issues are arbitrable under this Agreement, the arbitrator, and not the court, shall determine whether or not the arbitrator has jurisdiction over such issues, and the arbitrator’s decision as to the arbitrator’s jurisdiction over issues will be final and binding. This agreement to arbitrate is intended to be binding on and to inure to the benefit of the parties to this Agreement, their principals, successors, assigns, affiliates, partners, employees, parent or subsidiary entities, and to any other parties whose claims or defenses may arise out of or relate to this Agreement. The arbitration award shall be in writing, signed by the arbitrator and shall be in the form of a written, reasoned opinion setting forth the arbitrator’s findings of fact and conclusions of law. In any arbitration arising out of this Agreement, the prevailing party is entitled to reasonable attorney fees. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. If a party fails or refuses to appear or participate in the arbitration, or in any portion of the arbitration, after having been given notice and opportunity to participate as provided in this Agreement, the arbitration will proceed and the arbitrator may render a final award on the basis of the evidence presented by the participating party. An award rendered under such circumstances is valid and enforceable as if all parties had participated fully.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. We may assign our rights and duties under this Agreement to any party at any time without notice to You.
It will not be considered a waiver of getawayGoGo's rights if getawayGoGo fails to enforce any of the terms or conditions of this Agreement against You.
In the event a court finds a provision in this Agreement to not be valid, You and getawayGoGo agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement.
No joint venture, partnership, employment, or agency relationship exists between You and getawayGoGo as a result of this Agreement or use of the Website, Service, or any part of the platform.
We reserve the right to investigate complaints or reported violations of these Terms and Conditions and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to Your profile, e-mail addresses, usage history, IP addresses and traffic data.
THIS AGREEMENT SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WEBSITE, THE SERVICE, OR THE PLATFORM. BY USING THE WEBSITE, THE SERVICE, OR THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last updated on June 9, 2020
© 2021 getawayGoGo, Inc. All Rights Reserved.