These terms and conditions (the Agreement') govern your use of Faretrotter ('the Website'). By using the Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, refrain from using this website. You acknowledge that these terms and conditions may change with or without notification. By accessing or using the Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, do not use or visit the Website.
As a condition of your use of the Website, you warrant that:
1. you are at least 18 years of age,
2. you have legal authority to create a binding legal obligation,
3. you will use the Website in accordance with the Agreement,
4. you will only use the Website to make legitimate reservations for you or for another person for whom you are legally authorized to act
5. all information transmitted to or from this website is truthful and correct.
Faretrotter and/or its licensors own the intellectual property rights to the data and material on the website. Subject to the license below, all of these intellectual property rights are reserved. You must not, unless given explicit use by Faretrotter:
1. use the Website or its contents for any commercial purpose, including republishing, selling, renting, or sub-licensing;
2. access, monitor or copy any content or information of the Website using any robot, spider, scraper or any other process for any purpose without express written permission from Faretrotter;
3. violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
5. deep-link to any portion of the Website for any purpose without express written permission from Faretrotter;
6. 'frame', 'mirror' or otherwise incorporate any part of the Website into any other website without prior written authorization from Faretrotter.
Faretrotter may forward you to a third-party website, in which case, by continuing to that third-party website, you acknowledge and agree to that third-party's own terms and conditions. Faretrotter is not liable for any content or data encountered as a result of being forwarded to a third-party website.
Faretrotter considers "User Identifiable Data" as any personal data including, but not limited to, email address, first name, last name, company, or anything else that could be used to identify you personally, which you personally opted in to, either directly, or via a third party, to make available Faretrotter services. We do not share this data with anybody and will not distribute it to any third party. The use of this data is only for accessing our API or strictly to communicate with you and will not be otherwise used or distributed externally.
In these terms and conditions, 'user content' means any data that you submit to this website, for any purpose.
You grant to Faretrotter a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Faretrotter the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Faretrotter or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Faretrotter reserves the right to edit or remove any material submitted to this website, or stored on Faretrotter's servers, or hosted or published upon this website.
By submitting your information as application, or ‘sign up’, for permission to use the api, you are giving Faretrotter the right to send you periodic emails. You may “unsubscribe” or “opt-out” to no longer receive emails. In submitting your information, you acknowledge that acceptance into the API is not instantaneous and not guaranteed. You consent that Faretrotter has the right to deny or accept you access for any reason. Further, YOUR ACCESS TO THE API IS AT THE WILL OF FARETROTTER, LLC. Faretrotter may turn the API off at will, change the method of access, or limit the amount of functionality available in the API, at any time and without notice.
This website is provided 'as is' without any representations or warranties, express or implied. Faretrotter makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Faretrotter does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, truthful, correct, accurate or non-misleading.
Faretrotter will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:
1. for any indirect, special or consequential loss,
2. for any business losses, loss of revenue, income, profits or anticipated savings,
3. loss of contracts or business relationships,
4. loss of reputation or goodwill, or
5. loss or corruption of information or data.
Faretrotter is not liable for any data, activity, or any other service from a third-party service. Upon leaving the Website, you agree to follow the applicable terms and conditions of any third-party service.
Nothing in the Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Website disclaimer will exclude or limit Faretrotter's liability in respect of any:
1. death or personal injury caused by Faretrotter's negligence; 2. fraud or fraudulent misrepresentation on the part of Faretrotter; or 3. matter which it would be illegal or unlawful for Faretrotter to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
You accept that, as a limited liability entity, Faretrotter has an interest in limiting the personal liability of its affiliates, contractors, and/or employees. You agree that you will not bring any claim personally against Faretrotter's affiliates, contractors, or employees in respect of any losses you suffer in connection with the Website or third-party service.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will wholly protect Faretrotter.
You hereby indemnify Faretrotter and undertake to keep Faretrotter indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Faretrotter to a third party in settlement of a claim or dispute on the advice of Faretrotter's legal advisers) incurred or suffered by Faretrotter arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Without prejudice to Faretrotter's other rights under these terms and conditions, if you breach these terms and conditions in any way, Faretrotter may take such action as Faretrotter deems appropriate to deal with the breach, including, but not limited to:
1. suspending your access to the website, 2. prohibiting you from accessing the website, 3. blocking computers using your IP address from accessing the website, 4. contacting your internet service provider to request that they block your access to the website, 5. legal actions, or 6. actions to reclaim any losses.
Faretrotter may revise these terms and conditions and reserves the right to do so. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Continued use of the Website implies that you have read and agreed to these terms and conditions.
Faretrotter may transfer, sub-contract or otherwise deal with Faretrotter's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions will be governed by and construed in accordance with the State of Delaware and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the Delaware court.
To get in contact with Faretrotter, please get in contact with us.
Document updated January 24, 2019