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Please review the following terms and conditions carefully.
This Agreement Regarding Use of Gray Line New York's Services and Web Site(s)
is a legally binding contract between you ("You" or "Your") and Twin
America, LLC, d/b/a Gray Line New York, including its affiliated companies
(collectively, "Gray Line New York," "We," "Us" or "Our") regarding Your
visit to and use of Gray Line New York's web sites (the "Site(s)") and Your
use of the various products and services that can be purchased on the Sites
or are otherwise referenced on the Site(s).
Among other things, this Agreement includes an Alternative Dispute
Resolution ("ADR") Requirement that applies to any and all disputes and
claims (including any legal disputes and claims) that may arise between You
and Us. By accessing the Site(s), You indicate Your acknowledgment and
acceptance of this Agreement, including the ADR Requirement. Without
limiting the foregoing, You acknowledge and agree that the use of the Site(s)
is unauthorized in any jurisdiction that does not give effect to all
provisions of this Agreement, including without limitation the ADR
Requirement.
Permitted Use of the Site(s
By using the Site(s), You agree at all times to use the Site(s) lawfully
consistent with this Agreement.
Age Requirements
In order to purchase the products and services using the payment method
displayed on the Site(s), you must be 18 years of age or over. By using the
Site(s), You confirm that You possess the legal authority to enter into the
conditions of use for the Site(s), including instructing Gray Line New York
to collect any payments from a credit or debit card, and to use the Site(s)
in accordance with all terms and conditions. You confirm that all
information supplied by You in using the Site(s) is true and accurate.
Passwords/Logins
Certain portions of the Site(s) may be protected by passwords or require a
login. If You have been given a password or other PIN for access to
non-public areas of the Site(s), You are solely responsible for all
activities occurring in connection with or originating from such password on
PIN. You should take steps to protect the confidentiality of such password
or PIN and notify Gray Line New York immediately if You become aware of any
disclosure, loss, theft or unauthorized use.
Credit Card Payments
All payment transactions are handled by Gray Line New York. Your
credit/debit card and related personal details are collected by Gray Line
New York in order to process your order.
You agree that You are responsible for all charges incurred by Your use of
the Site(s), including all bookings. You expressly authorize Gray Line New
York to charge the credit card provided by You or listed on Your account for
any outstanding fees or costs due to Gray Line New York. If the credit/debit
card holder for bookings is not You, it will be Your responsibility to
ensure that You have the card holder's consent before entering any related
details, and that such details when entered are true.
Improper Use of the Site(s)
You shall not attempt to gain access to the Site(s) through any means not
intentionally made available by Us for Your specific use. You shall not
interfere with or disrupt the Site(s) or servers or networks connected to
the Site(s). You shall not upload onto the Site(s), or otherwise use the
Site(s) or any products or services provided by Us for, any destructive or
unlawful purposes including, but not limited to, the dissemination of any
information or material, including without limitation: computer viruses;
advertising or promotional material; solicitations; libelous or inflammatory
materials; pornographic or obscene information; invasion of privacy or
collection or use of other users' data; stalking or harassment; abuse;
tortious conduct; hateful or racially, ethnically or otherwise objectionable
material; or any works infringing upon the patents, copyrights, trademarks,
trade secrets or other proprietary rights of third parties. You shall not
download any portion of the operating software for the Site(s) or otherwise
control its operation. You shall not reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Site(s) or
any products or services referenced on the Site(s). IMPROPER USE OF THE
SITE(S) OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED ON THE SITE(S) MAY
RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Trademark notice
All trademarks and service marks used on the Site(s) belong to Gray Line New
York, except third party trademarks and services marks, which are the
property of their respective owners. You are not authorized to use any such
trademarks without Gray Line New York's or their respective owners' prior
written consent.
Copyright notice
All information, data, text, software, music, sound, photographs, graphics,
audio, video, messages or other materials, whether publicly posted or
privately transmitted, are the exclusive property of Gray Line New York or
its third party licensors, and are protected by international copyright laws
and other intellectual property rights. You may download or print
individual pages of the Site(s) for Your personal use; provided that You do
not modify or delete any of copyright and other proprietary notices on those
pages.
Disclaimers
This information published on the Site(s), including links to other sites,
is provided as a convenience to visitors and should be used for information
purposes only. While We use all reasonable efforts to ensure that the
information contained on the Site(s) is current, accurate and complete at
the date of publication, no representations or warranties are made (express
or implied) as to the reliability, accuracy or completeness of such
information, or as to the reliability, accuracy or completeness of
information on linked sites. We are not liable for any loss arising
directly or indirectly from the use of, or any action taken in reliance on,
any information appearing on the Site(s). THE INFORMATION ON THE SITE(S) IS
PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY OR ACCURACY. UNDER
NO CIRCUMSTANCES WILL GRAY LINE NEW YORK BE LIABLE IN ANY WAY
FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR
OMISSIONS IN ANY INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED OR OTHERWISE
TRANSMITTED VIA THE SITE(S). YOU AGREE THAT GRAY LINE NEW YORK AND ANY OF
ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE
WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT,
PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT
LIMITATION LOST PROFITS, COST OR PROCURING SUBSTITUTE SERVICE OR LOST
OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE DELAY OR
INABILITY TO USE THE SITE(S) OR ANY OF THE PRODUCTS, SERVICES OR LINKS
OFFERED ON THE SITE(S), EVEN IF GRAY LINE NEW YORK IS MADE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES.
Availability of Site(s)
We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site(s) or any products or
services offered on the Site(s) without notice. You agree that We shall not
be liable to You or to any third party for any modification, suspension,
discontinuance or unavailability of the Site(s) or any products or services
offered on the Site(s).
Modifications to the Content and Product Offerings on the Site(s)
We reserve the right to make changes or corrections, alter, suspend or
discontinue any aspects of the Site(s) or the content or the products or
services available through the Site(s) without prior notice. However, We
will honor any existing bookings or provide a refund in the event of
unavoidable cancellations.
Promotion of Services
The purpose of the Site(s) is to solely advertise and promote consumer
services provided by Gray Line New York. Nothing in the Site(s), including
any statements regarding Gray Line New York's expectations or beliefs,
constitutes a solicitation to buy stock or securities, and no statement or
information included in the Site(s) is intended as a prediction of Gray
Line's future profitability or business results, or should be construed as
such a prediction.
Indemnification For Claims Relating to Your Use of the Site(s)
As a condition of Your permitted use of the Site(s), You agree to indemnify
and hold Gray Line New York and its subsidiaries, affiliates, officers,
agents, licensors, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of any information that You submit, post
to or transmit through the Site(s), Your use of or connection to the Site(s),
Your violation of this Agreement, or Your violation of any rights of a third
party.
Lost or Stolen Property
We shall not be responsible for any lost or stolen property, regardless of
whether property is lost or stolen in connection with Your use of the Site(s)
or any other service provided by Gray Line New York.
Alternative Dispute
Resolution ("ADR") Requirement
(a) By using the Site(s) and any services obtained through the Site(s),
including the purchase or use of tickets, You and Gray Line New York agree
to resolve any and all disputes and claims (all disputes and claims are
referred to below as "Claims") that may arise between us in individual
binding arbitration, as enforceable under Section 2 of the United States
Federal Arbitration Act (the "ADR Requirement"). Except as stated in
paragraph (e) below, this ADR Requirement applies to every aspect of the
relationship between You and Gray Line New York, including any Claims that
either of us may have in contract, tort, or under any other legal theory,
and including without limitation Claims for personal injury, property
damage, or any other kind of damage, loss or wrong. By agreeing to
arbitration, You and Gray Line New York are giving up the right to sue one
another in court and to have a trial before a judge or jury.
(b) It is an essential term of this ADR Requirement that both You and Gray
Line New York may seek remedies only for their own individual
Claims, that neither you nor Gray Line New York shall have any right or
option to have any Claim heard as a class action or in any other proceeding
in which either of You or Gray Line New York acts or proposes to act in a
representative capacity, and that no arbitration shall be combined with
another arbitration or other proceeding without the prior written consent
from both you and Gray Line New York. This limitation is called a "class
action waiver." Because the class action waiver is an essential part of
this ADR Requirement, this requirement shall be null and void with respect
to any Claim with for which the class action waiver is limited or determined
to be unenforceable, and such Claim may only be brought in court.
(c) You and Gray Line New York agree that the substantive law for deciding
all Claims between us shall be the law of the State of New York, without
regard to New York's choice of law rules.
You further agree that the statute of limitations for any Claim You may have
against Gray Line New York, or that Gray Line New York may have against You,
shall be one year; in other words, if You have any Claim against Gray Line
New York, You must assert it in arbitration within one year from the date
the claim arose, and any Claims not brought within such period of time shall
be deemed waived. The same time limitation applies to any Claim Gray Line
New York may have against You.
(d) You and Gray Line New York agree that any arbitration shall be conducted
before the American Arbitration Association (the "AAA") (using the AAA's
Supplementary Procedures for Consumer-Related
Disputes and the AAA's Commercial Arbitration Rules Expedited
Procedures, if applicable), in English, at a location in New York County
(Manhattan), New York State, United States of America. A copy of the AAA's
arbitration rules, including directions for filing a request for
arbitration, is available through the AAA at
1633
Broadway, 10th floor,
New
York,
NY
10019 (phone: 1-800-778-7879),
or on line at <www.adr.org>.
(e) Notwithstanding any other terms of this ADR Requirement,
You and Gray Line New York agree that either of
us may litigate any Claim in the small claims court of New York County
(Manhattan), New York, if the Claim meets all requirements to be heard in
that court, but if such a Claim is transferred, removed or appealed
to a different court, you and Gray Line will each have the right to require
that the Claim be arbitrated pursuant to this agreement.
(f) You and Gray Line New York agree that, if either you or Gray Line New
York commence an arbitration against the other, arbitration costs, including
compensation for the arbitrator(s), shall be split between us according to
AAA rules. Additionally, the prevailing party in any arbitration proceeding
commenced pursuant to this ADR Requirement shall be entitled to be
reimbursed for its reasonable attorneys' fees.
(g) If You do not agree to
resolve all Claims between us as required by this Alternative Dispute
Resolution Requirement, You may return your ticket prior to using it (or
cancel an online purchase), and provide Gray Line New York with a statement
that you do not agree to be bound by this ADR Requirement, and Gray Line New
York will refund the price of your ticket or cancel your online purchase.
Notwithstanding the foregoing, this ADR Requirement will be effective for
any and all other Claims relating in any way to the use of the Site(s).
Contacting Us
We hope that You find the Site(s) to be useful and easy to use. If You have
any questions, comments or suggestions, please contact Gray Line New York.
See the "Contact Us" page of the Site(s) for details.
General
Failure or delay by Us to enforce an obligation or exercise a right under
these terms and conditions does not constitute a waiver of that obligation
or right. Gray Line New York reserves the right to seek all remedies
available at law and in equity for violations of this Agreement, including
the right to block access from a particular Internet address to the Site(s).
If any provision or term of these terms and conditions shall become or be
declared illegal, invalid or unenforceable for any reason whatsoever, such
term or provision shall be divisible from the other terms and conditions and
shall be deemed to be deleted from them.
Gray Line New York reserves the right to modify the terms of this Agreement
at any time in its sole discretion by posting a change notice to this page. |
