Jauntr Terms of Use

Last Updated October 16th, 2009

Welcome, and thank you for your interest in Jauntr, Inc. ("Jauntr"), and our web site located at www.Jauntr.com (the "Jauntr Site"). We are pleased to offer you access to the Jauntr Site and any other web sites, networks, applications, embeddable widgets, features, or services owned or operated by Jauntr (collectively, the "Jauntr Service") conditioned on your acceptance without modification of the following Terms of Use (the "Terms").

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND JAUNTR. BY CLICKING "I AGREE", ACCESSING, BROWSING, AND/OR OTHERWISE USING THE JAUNTR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE JAUNTR SERVICE.

1. Eligibility; Registration Information and Password; Jauntr Service Access.

THE JAUNTR SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE JAUNTR SERVICE. BY USING THE JAUNTR SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE JAUNTR SERVICE.

If you are using or opening an account on the Jauntr Service on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, references to "you" in these terms shall be construed to mean you, the Subscribing Organization, and any other individual that uses the Jauntr Service on the Subscribing Organization's behalf.

Subject to your compliance with these Terms, Jauntr grants you permission to access and use the Jauntr Service at the level for which you have registered and have paid all applicable fees, if any, as set forth in these Terms.

2. Registration.

In order to use certain features of the Jauntr Service, you will need to register for an account (such users referred to herein as "Registered Users"). You agree that the information you provide to Jauntr on registration and at all other times, including without limitation any necessary payment processing information, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. When you register, you will be asked to provide a password. You should keep your password confidential, as you (or your Subscribing Organization, as applicable) will be responsible for all activities that occur under your password. In the case of a Subscribing Organization, your password should only be shared with those employees of the Subscribing Organization that have a need to access and use the Jauntr Service on the Subscribing Organization's behalf. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

3. Widgets.

Jauntr may supply certain "embeddable widgets", consisting of HTML code that enables you to expose certain features of the Jauntr Service through other web sites, such as your personal web site or social networks you subscribe to. Such widgets are expressly a part of the Jauntr Service, and their use is governed by these Terms and any applicable associated guidelines. You may only embed widgets on other web sites as provided by Jauntr without modification. You must ensure that any logos, branding and other visual interface elements are visible and unmodified. You may not use Jauntr widgets in a way that might confuse third parties as to the source or origin of the widget itself, or the source of the service or content that the widget connects to and exposes. Further, your rights with respect to what materials you may incorporate into third party services are governed by separate terms, which may prohibit the use of Jauntr widgets. It is solely your responsibility to determine whether such use is permitted by a particular third party provider.

4. Privacy.

Your privacy is important to us. Jauntr's Privacy Policy http://www.jauntr.com/privacy.php is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to Jauntr's collection, use, and disclosure of your personally identifiable information. The practices described in the Jauntr Privacy Policy apply only to Jauntr's use of information supplied by you to Jauntr through the Jauntr Service.

5. Prohibited Conduct - YOU PROMISE NOT TO:
  1. Upload copyrighted material you do not own or have the legal right to distribute, display and otherwise make available to others, such as photos, music, TV shows, or movies;
  2. Upload or import personal information you do not have the right to disclose to third parties, or to use or disclose personal information about any person received through the Jauntr service in any way not authorized by the Jauntr Privacy Policy.
  3. Access or attempt to access content or features of the Jauntr Service for which you have not registered and/or paid the applicable fees;
  4. Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the Jauntr Service, or any of the permissions granted herein, except that you may copy and paste (without modification) "widgets" provided by Jauntr into other online services;
  5. Use the Jauntr Service other than for personal, non-commercial purposes.
  6. Use the Jauntr Service on behalf of any third party (except your Subscribing Organization, if applicable) or in connection with any type of "service bureau" activity;
  7. Upload, post, or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, false, misleading, or otherwise inappropriate content;
  8. Make unsolicited offers, advertisements, proposals, or send junk mail to any person or entity;
  9. Impersonate another person or entity, or access another user's account without that user's permission;
  10. Share Jauntr passwords with any third party or encourage any other user to do so (except as provided in Section );
  11. Misrepresent the source, identity, or content of information transmitted via the Jauntr Service, including User Submissions; or
  12. Use the Jauntr Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing.
6. Individual Features and Services.

When using the Jauntr Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.

7. User Submissions.
  1. General. The Jauntr Service provides certain features which enable users to upload content, such as text, photos, or any other content submitted by you and other users through the Jauntr Service ("User Submissions"), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. You must be a Registered User to create User Submissions on the Jauntr Service. User Submissions are displayed for informational purposes only and are not controlled by Jauntr. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Jauntr, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Jauntr Service. This also means that Jauntr is not responsible to you for User Submissions submitted by other users of the Jauntr Service. Keep in mind that travel is an inherently unpredictable activity, that conditions change over time, and that reliance on information available through the Jauntr Service is solely at your own risk.
  2. No Obligation to Publish. Jauntr makes no representations that it will publish or make available on the Jauntr Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Jauntr Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Jauntr complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see "Digital Millennium Copyright Act" below).
  3. License Grant by You to Jauntr. You retain all of your ownership rights in original aspects your User Submissions. By submitting User Submissions to Jauntr, you hereby grant Jauntr and its affiliates, sublicensees, partners, designees, and assignees of the Jauntr Service (collectively, the "Jauntr Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, transmit, publicly display, and publicly perform your User Submissions and adaptations thereof, and to collect, combine, aggregate, and analyze, data related thereto, in connection with the operation and promotion of the Jauntr Service.
  4. User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Jauntr to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the Jauntr Service in the manner contemplated by these Terms, and to grant the rights and licenses set forth above, (ii) your User Submissions, Jauntr's or any Jauntr Licensee's use of such User Submissions pursuant to these Terms, and Jauntr's or any of Jauntr Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms.
8. Jauntr Miles.
  1. Jauntr Miles. Jauntr Miles are a fictional currency which constitute a limited right to use features of the Jauntr Service, when, as, and if allowed by Jauntr. Jauntr Miles represent a set of rights governed solely under these Terms, and are not redeemable for any sum of money or monetary value from Jauntr at any time. You may accrue Jauntr Miles in a variety of ways. Jauntr may distribute Jauntr Miles for a fee, as a promotion, or in exchange for taking certain actions (either on the Jauntr Service, or through other third party services), in its sole discretion. You agree that you do not "own" the Jauntr Miles and that Jauntr has the absolute right to manage, regulate, control, modify and/or eliminate such Jauntr Miles in its sole discretion, in any general or specific case, and that Jauntr will have no liability to you based on its exercise of such right.
  2. Terminology. Jauntr allows you to accumulate, manage, and redeem your Jauntr Miles, and may use terms such as "buy" and "sell" to refer to the grant or transfer of rights to use the Jauntr Service. Use of terms such as "buy" or "sell" does not indicate any ownership right. Use and regulation of the Jauntr Service is at Jauntr's sole discretion.
  3. Restrictions. You agree and acknowledge that Jauntr may deny or place limitations or restrictions on any purchase, issue, or redemption of Jauntr Miles, individually or with respect to general volume, at any time and for any reason. Jauntr may halt, suspend, discontinue, or reverse any Jauntr Miles transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Jauntr Services.
9. Billing and Payment.
  1. No Refunds. All fees relating to the Jauntr Service, including any fees charged for access to the Jauntr Service and the issuance of Jauntr Miles are final and nonrefundable.
  2. Method of Payment. Jauntr accepts payments through payment methods detailed on the applicable payment screen, which may include PayPal. Charges occur at the time of purchase or shortly thereafter; in the case of any applicable subscription fees, charges occur on the first day of the month for which the charge applies. Jauntr does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for services that you purchase through the Jauntr Service and you agree that we may charge your selected payment method for any such payments.
  3. Taxes. You are responsible for paying any governmental taxes imposed on your use of the Jauntr Service, including, but not limited to, sales, use or value-added taxes. To the extent Jauntr is obligated to collect such taxes, the applicable tax will be added to your billing account.
  4. Disputed Charges. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO JAUNTR WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
10. Special Travel Considerations.
  1. When you use our the Jauntr Service to gather information in preparation to make travel plans, please keep in mind that certain destinations and activities may involve greater risk than others, and that travel (particularly international travel) is an inherently unpredictable activity. We urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and other sources prior to booking travel. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be obtained from www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov, and other on- and off-line sources.
  2. You are responsible for knowing and complying with all applicable passport, visa, and other travel documentation requirements, for obtaining proper and adequate insurance coverage, and for ensuring that you and your travel group take appropriate health, safety, and security precautions prior to, during, and after your travel. While certain information relevant to these topics or any other aspect of the travel experience may be available through the Jauntr Service, such information is for your convenience only, and is not warranted to be current, complete, or accurate.
  3. BY INFORMING YOU OF (OR PROVIDING ACCESS TO THIRD PARTY INFORMATION CONCERNING) ANY PARTICULAR DESTINATIONS OR ACTIVITIES, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO THOSE DESTINATIONS OR PARTICIPATION IN THOSE ACTIVITIES IS ADVISABLE OR WITHOUT RISK. INFORMING YOU OF SPECIFIC RISKS ASSOCIATED WITH PARTICULAR DESTINATIONS OR ACTIVITES, DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THERE ARE NOT OTHER RISKS ASSOCIATED WITH THOSE DESTINATIONS OR ACTIVITIES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO ANY PROPERTY DAMAGE, THEFT, PERSONAL INJURY, ILLNESS, OR DEATH) THAT MAY OCCUR DURING OR RESULT FROM ANY TRAVEL OR ASSOCIATED ACTIVITIES. YOU WILL BE IN THE BEST POSITION TO EVALUATE CURRENT CONDITIONS AND DETERMINE THE RELATIVE SAFETY AND WISDOM OF YOUR ACTIONS WHILE TRAVELING AND YOU MUST USE INDEPENDENT JUDGEMENT AND CAUTION WHEN CHOOSING WHETHER TO PARTICIPATE IN PARTICULAR ACTIVITIES.
11. Modification of the Terms; Modification of Fees.
  1. Terms. From time to time, Jauntr may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Jauntr Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Jauntr Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the Jauntr Service, except that (i) disputes between you and Jauntr will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Jauntr Service. Your continued use of the Jauntr Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
  2. Fees. Certain services and features of the Jauntr Service may now or in the future have fees associated with them. Please see the terms associated with such products or services for more information. Jauntr reserves the right to modify fees on a going-forward basis, including offering certain features to some or all users at discounted rates or free of charge, without liability to you.
12. Prohibited Uses.
  1. Access to the Jauntr Service from territories where its contents are illegal is prohibited. The Jauntr Service is designed for customers in the United States. Those who choose to access the Jauntr Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
  2. You may not use the Jauntr Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Jauntr Service. You may not attempt to gain unauthorized access to the Jauntr Service, or any part of it, other accounts, computer systems or networks connected to the Jauntr Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Jauntr Service or any activities conducted on the Jauntr Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Jauntr Service. You may not modify the Jauntr Service in any manner or form, nor use modified versions of the Jauntr Service.
  3. The Jauntr Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Jauntr Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Jauntr Service.
13. Feedback.

You may provide Jauntr with information and feedback regarding the features and performance of the Jauntr Service, including reports of failures, errors, or other malfunctions you encounter in the Jauntr Service along with any associated error messages (the "Feedback"). You hereby assign to Jauntr your entire right, title and interest, including any intellectual property rights, in such Feedback, information, and materials. You agree to execute any documents necessary to effect the foregoing assignment.

14. Ownership; Proprietary Rights.

The Jauntr Service is owned and operated by Jauntr, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Jauntr Service provided by Jauntr ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Jauntr Service are the copyrighted property of Jauntr or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Jauntr or its affiliates and/or third party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

15. Third Party Sites, Products and Services; Links.

The Jauntr Service may include links to other web sites or services, solely as a convenience to users ("Linked Sites"). Jauntr does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Jauntr makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business or other dealings with advertisers or other third parties, including other users, encountered on or through the Jauntr Service is solely between you and such advertiser or third party, as applicable. YOU AGREE THAT JAUNTR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR THIRD PARTIES ON THE JAUNTR SERVICE.

16. Notice.

Except as explicitly stated otherwise, legal notices will be served on Jauntr at 123 10th Street, San Francisco, CA, 94103. Legal notices will be served on you at either the email or physical address you provide to Jauntr during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.

17. User Disagreements.

You alone are responsible for your involvement with other users. Jauntr reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Jauntr (and Jauntr's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

18. Termination.
  1. By Jauntr. You agree that Jauntr, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Jauntr, or your permission to use the Jauntr Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Jauntr may also in its sole discretion and at any time discontinue providing access to the Jauntr Service, or any part thereof, with or without notice. You agree that any termination of your access to the Jauntr Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Jauntr will not be liable to you or any third party for any such termination. Jauntr does not permit copyright infringing activities on the Jauntr Service and reserves the right to terminate access to the Jauntr Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Jauntr Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Jauntr may have at law or in equity.
  2. By You. You may terminate your account, this Agreement and your right to use the Jauntr Service at any time and for any reason or no reason, by visiting the Jauntr Account Cancellation page https://www.jauntr.com/cancelaccount.php, or by contacting Jauntr customer support at support@jauntr.com.
  3. Fees. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Jauntr Service before termination, including any outstanding subscription fees. Termination does not give rise to any right of refund, including without limitation for any unused Jauntr Miles.
  4. Survival. Sections 4, 7, and 13 through 24 will survive any termination of these Terms.
19. Disclaimers; No Warranties.

THE JAUNTR SERVICE CONTAINS TRAVEL RELATED INFORMATION POSTED BY OTHER USERS OF THE JAUNTR SERVICE. JAUNTR DOES NOT MONITOR, MODERATE, EDIT, CONFIRM, VET, VERIFY, OR OTHERWISE ENSURE THAT THE INFORMATION IS COMPLETE, ACCURATE, UP TO DATE, OR OTHERWISE SAFE TO USE OR RELY ON. JAUNTR PROVIDES CERTAIN INDICIA OF A USER'S "LEVEL", WHICH ARE BASED SOLELY ON THE VOLUME AND/OR FREQUENCY OF THE USER'S ACTIVITY ON THE JAUNTR SERVICE AND WHICH ARE NOT AN INDICATION THAT INFORMATION SUPPLIED BY THE USER IS MORE ACCURATE, RELIABLE OR VALUABLE, NOR DOES IT INDICATE ANY ENDORSEMENT BY OR AFFILIATION WITH JAUNTR.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JAUNTR AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE JAUNTR SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. JAUNTR DOES NOT WARRANT THE DATA, CONTENT, FEATURES, OR INFORMATION PROVIDED THROUGH THE BERELVANT SERVICE, INCLUDING WITHOUT LIMITATION USER SUBMISSIONS, TO BE UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBL FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE BERELVANT SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

20. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JAUNTR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE JAUNTR SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE JAUNTR SERVICE, OR ANY OTHER INTERACTIONS WITH JAUNTR, OR OTHER REGISTERED USERS, EVEN IF JAUNTR OR A JAUNTR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JAUNTR'S OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD PARTY PARTNERS' OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE JAUNTR SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE JAUNTR SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INTERACTION WITH, OR PRODUCTS OR SERVICES SOLD OR PROVIDED BY, OR INFORMATION POSTED OR PROVIDED BY, THIRD PARTIES OTHER THAN JAUNTR, EVEN IF ADVERTISED ON THE JAUNTR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE JAUNTR SERVICE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATION OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

21. Indemnification.

You agree to indemnify, defend, and hold Jauntr, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Jauntr Service, your violation of these Terms or any law, or any breach of the representations, warranties, and covenants made by you in these Terms, including without limitation representations, warranties, and covenants you make with respect to your User Submissions. Jauntr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Jauntr, and you agree to cooperate with Jauntr's defense of these claims. Jauntr will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

22. Digital Millennium Copyright Act Compliance.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Jauntr Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Jauntr Service are covered by a single notification, a representative list of such works at the Jauntr Service;
  • (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jauntr to locate the material;
  • (iv) information reasonably sufficient to permit Jauntr to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Jauntr's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at 123 10th Street, San Francisco, CA, 94103, or by email at copyright@jauntr.com. For clarity, only DMCA notices should go to the Jauntr Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Jauntr customer service through info@jauntr.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

23. Dispute Resolution.
  1. General. Generally, if a dispute arises between Jauntr and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Jauntr agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Jauntr Service (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  2. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Jauntr must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
  3. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  4. Claims. YOU AND JAUNTR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE JAUNTR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
24. Miscellaneous.

This is the entire agreement between you and Jauntr relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Jauntr as set forth in Section above. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by Jauntr without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. Failure by Jauntr at any time to require performance of any provision of these Terms will in no manner affect Jauntr's right at a later time to enforce the same. The services hereunder are offered by Jauntr, Inc., located at 123 10th Street, San Francisco, CA, 94103; Jauntr may be contacted by email at info@jauntr.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.