USER AGREEMENT AND TERMS OF USE
DESCRIPTION OF SERVICE
The Website allows users to donate to selected charities through Kind Traveler’s “Give and Get” platform and receive discounts on stays at unique hotels and other properties. The Website provides users the opportunity to receive discounts in return for supporting charities selected by the property or by Kind Traveler.
ELIGIBLE USERS
In order to become a member of the Kind Traveler community and access the Website and Services, you must be at least 18 years of age. Accordingly, by accessing the Website and Services, you (i) represent and warrant that you are at least 18 years of age or older, and (ii) are fully able and competent to enter into the terms and conditions contained herein, and (iii) can make and abide by the representations and warranties set forth in these Terms of Use; otherwise, you are not authorized to use this Website and we ask you to please exit the Website. We retain the right at our sole discretion to deny access to anyone to this Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
Any registration by, use of or access to the Website by anyone under 18 is unauthorized, unlicensed and in violation of these Term of Use. In its sole discretion, Kind Traveler may terminate your account, delete your account information and any content or information that you have posted on the Website, and/or prohibit you from using or accessing the Website, or any portion thereof, for any reason, at any time, and with or without notice to you, if it believes that you are under 18.
Notwithstanding any terms in these Term of Use to the contrary, if you are in a jurisdiction in which the age of majority is greater than 18, all references to 18 in this section shall instead be replaced with the age of majority in your jurisdiction.
If you are the parent or guardian of a child under 18 years of age and believe that they have disclosed personally identifiable information to us, please contact us at [email protected] so that we may delete your child’s information.
BECOMING A MEMBER
In order to become a member and take certain actions through the Website, such as making a donation in support of a designated charity, you will be asked to provide certain personal information, including your full name, billing address and email address. You must provide information about yourself that is true, current and complete, and maintain and update such information to keep it accurate. You may create an account with your email address, or by using a third party service, such as Facebook Connect, where available. It is a violation of these Term of Use to create an account on the Website using a third party service account or email address that does not belong to you.
USER ACCOUNTS
You may need a username and password to use certain features of the Website and the Services. You agree that you will not select a username: (a) belonging to another person or entity with the intent to impersonate that person or entity; (b) that violates the rights of any third party, including intellectual property rights and/or rights of publicity; or (c) that is inappropriate or offensive, as determined by Kind Traveler, in its sole discretion. You hereby expressly permit Kind Traveler to identify you by your username (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or username, and you further acknowledge and agree that all rights in and to your username and account (but not in the personally identifying information associated therewith) are and shall forever be owned by and inure to the benefit of Kind Traveler. You are solely responsible for maintaining the confidentiality and security of your username and password on the Website, and are responsible for all activities (whether by you or by others) that occur under your password or account. You must notify us immediately of any unauthorized use of your account. Kind Traveler will not be liable for any loss or damage arising in connection with any unauthorized use of your account. Kind Traveler has the right to reclaim any usernames for any reason. Kind Traveler reserves the right to refuse any request to create an account or to login for any reason or no reason.
PERSONAL DATA DELETION
If you would like to request that your data be deleted from our system, please contact us at [email protected].
HOTEL PROPERTIES
The Website allows you to search for hotels and other accommodation properties (“Hotels”) that support Kind Traveler’s mission of bettering the health & well-being of individuals, animals, and the environment. Each Hotel’s microsite includes a description of the property, information regarding the local charity partner selected by the Hotel or by Kind Traveler, the details of the discount offered through the “Give and Get” platform, and any restrictions or limitations that may apply to the discount or your stay with the Hotel. PLEASE READ THESE RESTRICTIONS AND LIMITATIONS CAREFULLY, AS THEY MAY CONTAIN IMPORTANT INFORMATION THAT MAY IMPACT THE TERMS OF YOUR ACCOMMODATIONS AND STAY. Each Hotel is responsible for maintaining its own microsite on the Website. Kind Traveler does not monitor or verify the content posted on the Hotel’s microsite, and is not responsible for any content appearing on a Hotel microsite, including any information that is false, inaccurate, misleading, or otherwise inappropriate or in violation of the these Terms of Use.
Once you have a selected a Hotel, you may receive a discounted rate for your stay by making a minimum donation of $10 per night through the “Give and Get” platform, either to the Hotel’s listed charity partner or to one of the national charities listed on the Website. You will also be given the option to make an additional donation to the charity you’ve selected. Donations are in addition to the amounts you must pay to the Hotel for your stay. Donations are not refundable for any reason, even if you do not make a booking at your chosen Hotel or subsequently cancel your Hotel booking. Upon making a donation, you will be redirected to the Hotel’s website to complete your reservation at the discounted rate. Kind Traveler does not control or monitor Hotel websites, and shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your access to or use of any Hotel website.
The Website allows you to check dates and availability at Hotels you select. Each Hotel is solely responsible for ensuring that this information is kept accurate and up-to-date. Kind Traveler does not independently verify Hotel availability and makes no warranties or guarantees with respect to availability information displayed on the Website. Availability is only confirmed after you are redirected to the Hotel’s website to complete the booking. You are encouraged to confirm directly with the Hotel, prior to making your donation, that the Hotel has availability during your intended travel dates. Kind Traveler will not refund donations and will not be held liable for any losses or damages that arise in the event that your selected Hotel does not have availability on your requested dates. Additionally, while we endeavor to ensure that the Hotels honor and accept the discounts described on the Website, applying and/or honoring such discounts are ultimately determined by the Hotels, in their sole discretion. Kind Traveler shall not be liable for any losses or damages arising in connection with discounts, including but not limited to discounts that are not properly applied and/or are not honored by the Hotel. By navigating from the Website to any Hotel’s website, you acknowledge that you do so at your own risk and that Kind Traveler’s terms, practices, and policies no longer apply. You should review the applicable terms and policies, including privacy policies and practices, of any Hotel website to which you navigate from the Website.
Kind Traveler makes no representations, warranties, or guarantees whatsoever with respect to any particular Hotel, including, but not limited to, with respect to any Hotel’s safety or security protocols, availability, location, condition, suitability, policies pertaining to payment, cancellation or issuance of refunds, or other guest policies. You acknowledge and agree that Kind Traveler shall not be liable for any claims arising in connection with any Hotel reservation or stay for which you obtained a discount through the Website.
USER REVIEWS
The Website gives you the option to post ratings and reviews on each Hotel’s microsite. You are only permitted to rate or review those Hotels at which you have stayed, and you agree to use your best efforts to make sure that your reviews are factually accurate and based on first-hand experience. Kind Traveler does not actively monitor or review ratings, reviews, or other content posted by users to Hotel microsites and does not make any representations or warranties as to the accuracy, truthfulness or appropriateness of any review. Kind Traveler reserves the right to remove any rating, review, or other content that it determines, in its sole discretion, is not based on first-hand experience, is otherwise in violation of these Term of Use, or for any other reason.
If you rely on any user reviews for any reason, including for selecting a Hotel or other travel related service, you do so at your own risk.
DONATIONS, PAYMENT PROCESSING OF DONATIONS
By making a donation through Kind Traveler’s “Give and Get” platform to one or more designated charities through the Website, you authorize Kind Traveler, through its payment processor, to process your donation and charge your credit card for the authorized amount. You further acknowledge and understand that your personal information, including your name, address and email address, will be provided to any charity that you select to receive a donation, unless you choose to make your donation anonymously. 100% of your donation, less any processing fee charged by the credit card company and/or payment processor, will be dispersed to the charity you select.
You understand and acknowledge that any donations you make through the Website are made at your own risk. You are encouraged to independently review the charities listed on the Website, and to make donations only in support of charities that you are familiar with. Kind Traveler makes no representations or warranties that donations will be used for any particular purpose by the charities, and will not be held liable for the use or misuse of donations by any charity. Further, Kind Traveler makes no representations or warranties with respect to the charities listed on the Website, including, but not limited to, the truthfulness or accuracy of the information or content displayed on each charity’s microsite, whether a particular charity is recognized as a tax-exempt public charity under Section 501(c)(3) of the Internal Revenue Code, or is in good standing with local, state or federal regulators.
You further acknowledge that, if Kind Traveler determines, in its sole discretion, that it would be inappropriate or improper to disburse the donations made to a particular charity because, for example, the charity is no longer accepting donations, is no longer recognized as a public charity, is no longer in good standing with state or federal regulators, or is no longer participating in the “Give and Get” program, Kind Traveler may, in its sole discretion, disburse the donation to another charity working in the same issue area (as determined by Kind Traveler), with or without notice to you.
Donations made in exchange for Hotel discounts are not tax-deductible as charitable contributions. Kind Traveler makes no representation as to whether any portion of any additional donation is tax deductible as a charitable contribution. Please consult your tax advisor as to the tax-deductibility of your donations.
Our Website provides you the ability to donate any amount and you will automatically receive a receipt for your donation. All payment transactions are processed by a third party: either Authorize.net or Paypal (“Processor”). The Processor manages the routing of all of your applicable information through the credit card processing networks, and therefore will collect information from you in order to process your credit card donation, including your name, address and credit card information. Kind Traveler is not affiliated with the Processors, and we are not responsible in any way for their acts or omissions. Accordingly, we expressly disclaims responsibility and liability for all services provided by the Processors, including those related to donation/payment transactions, and you hereby agree that Kind Traveler shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since the Processor will have access to the information you provide to make a donation/payment, we recommend that you closely review the Processor’s privacy policy and other applicable terms and policies. You hereby agree that, for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; and (2) all donations/payment transactions are final and non-refundable.
SPONSORED LISTINGS/CONTENT
Kind Traveler may display on the Website certain featured listings and content that are sponsored by Hotels or other companies either affiliated or not affiliated with Kind Traveler. Such listings and content may be identified as “sponsored.” Regardless, under no circumstance does Kind Traveler accept liability in connection with and/or arising from any services provided by such featured listings or content, nor shall we be responsible for any acts, omissions, action, behavior, conduct, and/or negligence on the part of such sponsored Hotels or other companies.
PROMOTIONAL OFFERS
From time to time, Kind Traveler may make special promotional offers (“Promotional Offers”) available through the Website, including but not limited to flash sales and sweepstakes, sponsored by Hotels or other companies affiliated or not affiliated with Kind Traveler. Such Promotional Offers may be subject to additional terms and conditions, which will be presented to you in connection with the Promotional Offer (“Additional Terms”). By making a donation or purchase in connection with a Promotional Offer, registering for a sweepstakes, or otherwise participating in a Promotional Offer, you agree to be bound by any Additional Terms applicable to that Promotional Offer. To the extent that such Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the Promotional Offer.
BLOGS, ACCEPTABLE USE
Our Website contains Blogs (“Blogs”) that may permit users to post comments. Kind Traveler does not monitor, and cannot confirm the validity of, any content posted to the Blogs. Kind Traveler does not make any representations or warranties as to the accuracy, truthfulness or appropriateness of any user comments. As such, we are not responsible for any messages posted or the consequences of following any advice offered within the Blogs. The views expressed in the Blogs belong solely to their respective authors and do not necessarily reflect the views of Kind Traveler. If you find any content in the Blogs to be offensive or objectionable, please contact us via email at [email protected] and reference the relevant Blog. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner; however, Kind Traveler has no obligation nor makes any commitment to remove any posts.
We reserve the right to delete any message and/or restrict posting rights in our Blogs for any reason whatsoever, including, but not limited to, violations of these Terms of Use. Posting messages that are clearly outside of the stated topic of any Blogs or that disrupt a Blog by deliberately posting repeated irrelevant messages or copies of identical messages (also known as "flooding") is a violation of these Terms of Use. Should you continue to post messages that violate the rules of the Blogs and/or these Terms of Use, your account may be terminated, your access to the Blogs may be banned, and your service provider(s) may be contacted about your behavior. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
USER CONTENT
You warrant that all text, images and other content you post, submit, or upload to the Website, including, but not limited to, any responses, comments or content submitted to the Blogs or in connection with a user review (collectively the “User Content”) is your original work, or to the extent that the User Content includes any text, images or other content owned by a third party, you warrant that you are expressly licensed to use and reproduce such content on the Website. You accept all liability for any issues that may arise from such User Content. Please do not submit any images or photographs for which you do not have a current model or property release unless you are otherwise authorized to post such material. The views expressed in User Content, including any user reviews, belong solely to their respective authors and do not necessarily reflect the views of Kind Traveler. Kind Traveler does not rate or review Hotels.
You acknowledge that all User Content is non-confidential for all purposes. By submitting and posting User Content to the Website, you grant to Kind Traveler a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, create derivative works from, publish, edit, translate, perform, broadcast, display and distribute the User Content using any medium, in any format or forum now known or hereafter developed, for any purpose that Kind Traveler deems appropriate, including but not limited to the purpose of promoting Kind Traveler.
Kind Traveler does not actively monitor or review User Content posted to the Website. You will, if asked by a representative of Kind Traveler, cease posting any User Content, and/or links to content, deemed offensive, objectionable, or in poor taste. If Kind Traveler becomes of aware of any User Content that, in its sole discretion, violates these Term of Use, or may be fraudulent, misleading, offensive, illegal, defamatory, or infringes the rights, or threatens the safety, of others, or is otherwise objectionable, Kind Traveler reserves the right, without notice and in its sole discretion, to edit and/or remove the User Content in question.
USER SUBMISSIONS
You understand and acknowledge that any questions, comments, suggestions, ideas, feedback or other information that you submit to Kind Traveler, whether via email or via a form provided on the Website (“User Submissions”), are not confidential and become the sole property of Kind Traveler, and that Kind Traveler shall own the exclusive rights, including copyrights and any other relevant intellectual property, in the User Submissions and may use the User Submissions for any purpose.
WEBSITE-PROVIDED EMAIL AND POSTINGS
The Website may provide users with the ability to send email messages to other users and individuals and to post messages on the Website. Kind Traveler is under no obligation to review any content (including any messages) posted on or sent through the Website by users and assumes no responsibility or liability relating to any such content. Kind Traveler, in its sole discretion, may monitor, not post or remove any such content.
USER DISPUTES
You are solely responsible for your interactions with other Website users. Kind Traveler reserves the right, but has no obligation, to monitor disputes between you and other users, and to delete the accounts of Users who engage in or escalate disputes with other users.
DISPUTES WITH HOTELS OR OTHER SERVICE PROVIDERS
Although the Website provides you the ability to review and select accommodations and other travel-related services, you hereby acknowledge and understand that the Hotels and other service providers have sole and complete discretion as to all aspects of the services, including whether to accept or reject your request for accommodation or other services.
Additionally, you also acknowledge and understand that Kind Traveler is solely in the business of connecting you with willing Hotels and other travel-related service providers, and does not itself provide any of the accommodations or other travel-related services, and therefore does not have any control over – and as such makes no representations, warranties, promises, or other guarantees as to – the quality, performance or timeliness of any of the accommodations or travel-related services.
The quality of the accommodations or services requested through our Website is entirely the responsibility of the Hotels or service providers who ultimately provide such accommodations or services to you. As such, you acknowledge and agree that any complaints or disputes about the accommodations or services must be resolved between you and the Hotel or service provider, as applicable.
PROHIBITED USES
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Kind Traveler to be made accessible to a user, or (vi) to attempt to obtain any materials or information through any means not intentionally made available by Kind Traveler, or (vii) for any use other than the business purpose for which it was intended. In addition, in connection with your use of the Website, you agree you will not:
- create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Kind Traveler representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post any material that is knowingly false, misleading, or inaccurate;
- behave in an abusive and/or hateful manner, or harass, threaten, or attack anyone;
- post profanity or language or content that is obscene, sexually oriented, or sexually suggestive or link to sites that contain such content;
- post any person's identifying information (including their names, contact information or any other relevant information) within the Website other than your own, or otherwise reveal sensitive or personal information about another person through the Website;
- post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited on the Website. You will not, furthermore, collect personal information about other users for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.);
- attempt to access any protected sections of the Website, nor make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the Website software;
- upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs, or share or distribute viruses, licenses, registration information, software keys, "cracks," or other information, that are designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- violate any applicable local, state, national or international law, or use the Website to discuss illegal activities;
- upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology;
- probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
- harvest or otherwise collect or store information about others, including e-mail addresses; or
- use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
Kind Traveler reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Kind Traveler may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Kind Traveler’s Privacy Policy, Kind Traveler reserves the right at all times to disclose any information as Kind Traveler deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kind Traveler's sole discretion.
LINKS TO THIRD-PARTY WEBSITES/MATERIALS
This Website may contain hyperlinks to other sites owned and operated by parties other than Kind Traveler, or to articles, resources or other materials. Such hyperlinks are provided only for ready reference and ease of use and do not constitute an endorsement by Kind Traveler. We do not control such websites, and cannot be held responsible for the content or accuracy of anything on these sites, or to any articles, resources or other materials. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by Kind Traveler, you acknowledge and agree that Kind Traveler is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, articles, resources, materials, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review.
Kind Traveler is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. Kind Traveler shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, products, services or other materials available on or through any such website. Kind Traveler is not responsible for the privacy practices of any other websites.
MISPRINTS AND ERRORS
We endeavor to provide current and accurate information on our Website. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
GENERAL DISCLAIMER
Content and other information contained on this Website has been prepared by Kind Traveler as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Kind Traveler has used reasonable efforts in collecting, preparing and providing such Content, information and materials (which includes any links to other resources), but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, material or other information contained in or linked to this Website or any other Website maintained by Kind Traveler.
Additionally, this Website contains a search tool featuring a variety of qualifying tax-exempt organizations. The presentation of this list of charities on the Website does not constitute a solicitation of donations; Kind Traveler does not engage in any solicitation activities on behalf of any listed charity. Additionally, the inclusion of a charity on the list or Website is not an endorsement by Kind Traveler. Rather, Kind Traveler makes no claims, representations or recommendations in regard to any of the listed charities, and you hereby acknowledge and agree that you are not relying on Kind Traveler or any information provided by Kind Traveler in selecting a charity(ies) to support.
Users relying on Content, materials or other information from this Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, INFORMATION, MATERIALS, SERVICES AND ANYTHING ELSE ON OR LINKED FROM THE WEBSITE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND KIND TRAVELER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. KIND TRAVELER MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR ANY OTHER INFORMATION OR SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, DESCRIPTIONS, SERVICES, HOTELS, SERVICE PROVIDERS, CONTENT, RESOURCES AND MATERIALS AVAILABLE ON/THROUGH THE WEBSITE.
LIMITATION OF LIABILITY
IN ADDITION TO THE ABOVE DISCLAIMER OF WARRANTIES AND ANY OTHER DISCLAIMERS IN THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT KIND TRAVELER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES - WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION – AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR OTHER INTANGIBLE LOSSES, EVEN IF KIND TRAVELER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, BREACH OF KIND TRAVELER’S SECURITY OR THAT OF ANY OF OUR SERVICE PROVIDERS, CONTRACTORS, AFFILIATES OR AGENTS, OR ANY BREACH OF SECURITY THAT RESULTS IN THE RELEASE OF OR ACCESS TO YOUR PERSONAL INFORMATION, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. IN NO EVENT WILL KIND TRAVELER BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE KIND TRAVELER AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Kind Traveler, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, the use of any linked websites, including but not limited to Hotel websites, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach or alleged breach by you of these Terms of Use as stated herein or as modified from time to time in Kind Traveler's sole discretion.
LIMITED LICENSE AND SITE ACCESS, COPYRIGHT, TRADEMARKS AND SERVICE MARKS
Kind Traveler hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kind Traveler. Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Kind Traveler or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Kind Traveler and is protected by U.S. and international copyright laws.
The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Kind Traveler. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Kind Traveler does not warrant or represent that your use of Content, Services, materials or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected] with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Certain trademarks are the service marks and trademarks of Kind Traveler or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Kind Traveler. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of Kind Traveler.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by Kind Traveler infringe your copyright or another person’s copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we may not process your complaint if it is not properly filled out or is incomplete.
A clear identification of the copyrighted work you claim is infringed.
A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material. Your address, email address and telephone number.
A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
A signature by you or the person authorized to act on behalf of the copyrighted work that you claim is infringing.
Please send us your notice by email to [email protected].
FORCE MAJEURE
Kind Traveler shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Kind Traveler, including a delay in services from its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
NOTICES
Any notices to you from Kind Traveler regarding the Website or these Terms of Use will be posted on this Website
GOVERNING LAW
By visiting the Site or using the Services, you agree that the laws of the State of California and of the United States of America, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Kind Traveler or any of our affiliates.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in Los Angeles, California, and administered by the American Arbitration Association (“AAA”) or similar arbitration body and conducted by a sole arbitrator in accordance with the AAA’s Commercial Arbitration Rules or the arbitration rules of a similar arbitration body. The arbitration shall be governed by the Federal Arbitration Act, codified in chapter 1 of Title 9 of the United States Code, as amended, to the exclusion of state laws inconsistent therewith or that would produce a different result, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Except as may be required by law or to the extent necessary in connection with judicial challenge, or enforcement of an award, neither a party nor the arbitrator may disclose the existence, content, record or results of an arbitration.
Before commencing any action pertaining to a controversy or claim arising out of or relating to these Term of Use, the party wishing to commence the action shall provide reasonable notice to other party before commencing the action, in order to allow the parties an opportunity to resolve the dispute before resorting to legal action.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between you and Kind Traveler regarding the use of the Site, superseding any prior agreements between you and Kind Traveler relating to your use of the Site. The failure of Kind Traveler to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
HOW TO CONTACT US
If you have any questions or comments about these Terms of Use or this Website, please contact us by email at [email protected]. You also may write to us at:
Last Updated: April 13, 2022