Welcome to GoCougs.Travel (the "Site"), a white-label travel booking platform designed and operated by Waypoint Network, Inc. ("Waypoint," "we," "us," or "our") via joint marketing revenue share agreement with Brigham Young University ("BYU") and powered in part by our booking commerce partner, Access Development ("Access"). This Site allows BYU alumni, fans, students, and supporters ("Users" or "you") to book travel-related products and services, including but not limited to hotels and theme parks admissions, and may include flights, car rentals, and theme park admissions (collectively, "Products and Services"), at discounted rates negotiated and provided on behalf of members of the Site. A portion of the net revenue from each GoCougs.Travel booking generated supports BYU's athletic programs and initiatives.
BEFORE using any of the services on the Site, you should read this Agreement carefully. By accessing or using the Site, registering an account, making a booking, or otherwise engaging with services offered, you agree to be bound by these Terms of Use ("Terms"). If you do not agree, please do not use the Site. These Terms incorporate by reference our Privacy Policy which can be found at Privacy Policy (the "Privacy Policy") and any other policies or notices posted on the Site. Your use of the Site includes the ability to enter into agreements and/or make transactions electronically. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO PAY FOR ANY OF THE PRODUCTS AND SERVICES AND TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
YOU AGREE THAT WE MAY CONTACT YOU BY TELEPHONE OR BY EMAIL REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH US EVEN IF YOUR TELEPHONE NUMBER IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR OUR PRIVACY POLICY. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Any new features or tools which are added to the Site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1. Eligibility and Account Registration
You must be at least 18 years old and capable of forming a legally binding contract to use the Site.
To access certain features, such as bookings or personalized discounts, you will need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.
We reserve the right to suspend or terminate accounts for violations of these Terms, including false information or misuse.
2. Use of the Site
The Site is provided for personal, non-commercial use to book Products and Services. You may not use it for any unlawful purpose, to interfere with its operation, or to scrape, copy, or resell content without permission.
As a white-label platform, the Site is branded with BYU marks and powered by Waypoint's technology and services. All bookings are facilitated through Access Development's booking technology and services.
You agree not to: (i) post harmful, misleading, offensive, or infringing content; (ii) impersonate others; (iii) transmit viruses or spam; or (iv) engage in competitive activities (e.g., reverse engineering the platform).
We may monitor usage for compliance and security. Google Analytics is used to track standard metrics like page views and user behavior. Transaction analytics are also tracked in the exploration, search and booking process to gauge user behavior and preferences.
3. Bookings and Payments
Bookings are subject to availability and confirmation by suppliers (e.g., hotels and theme park). We act as a loyalty marketing and technology service with universities that invite memberships into the Site for which we act as an intermediary. As such, final contracts are between you and the supplier.
Prices include applicable taxes, fees, and discounts but exclude additional charges like resort and other fees from time to time. Review all details before confirming.
Payments are processed securely via Access Development. Accepted methods include credit cards and other payment gateways. By providing payment information, you authorize charges for bookings, including any applicable fees.
Cancellations and refunds follow policies established by Access Development and its suppliers, which vary (e.g., cancellation windows, non-refundable rates). We and/or Access Development may charge administrative fees for changes. Review booking confirmations for details.
Revenue Share: Per our agreement with BYU, we provide a share of the net revenue we receive directly to the university on a monthly basis. This supports BYU programs but does not affect your booking experience.
4. Discounts and Promotions
Discounts are available for members of the Site and may require identity and affiliation verification from time to time.
Promotions, contests, or loyalty programs are subject to additional rules and require BYU's consent if using BYU marks or prizes.
We reserve the right to modify or end promotions without notice.
5. Intellectual Property
The Site, including BYU marks, Waypoint's platform, and content, is owned by or licensed to us. You are granted a limited, revocable license to use the Site for personal use only, subject to these Terms and other policies developed by us in the future.
Do not reproduce, modify, or use BYU or Waypoint-owned marks without written permission. All use inures to the benefit of the respective owners.
User-generated content (e.g., reviews) grants us a perpetual, royalty-free license to use for promotional purposes.
Except for content that is in the public domain or content that you have permission to use in connection with your use of Site and in compliance with these Terms, you shall not copy, modify, publish, transmit, distribute, perform, or display any content, nor shall you sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party’s right. We may (but are not required to) remove, block, edit or modify any content in our sole discretion at any time for any reason or no reason at all and without notice to you. We reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to satisfy applicable laws or protect the rights, property or safety of us and our employees, agents, users and the public.
6. Disclaimers and Limitations of Liability
The Site and Products/Services are provided "as is" without warranties. We do not guarantee accuracy, availability, or error-free operation.
To the fullest extent permitted by law, Waypoint, BYU, Access, and their affiliates disclaim liability for indirect, consequential, or punitive damages arising from use of the Site, including booking issues, travel disruptions, or data loss.
Our total liability shall not exceed the amount paid for the affected booking. This applies even if advised of potential damages.
You agree to indemnify and hold harmless Waypoint, BYU, Access, and their affiliates from claims arising from your misuse of the Site, other violations, or third-party disputes.
7. INFORMATION ONLY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT:
THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TEXT, GRAPHICS, IMAGES, VIDEOS, AUDIO RECORDINGS, AND ANY OTHER MATERIAL AND CONTENT CONTAINED ON OR AVAILABLE THROUGH THE SITE AND SERVICES (THE "MATERIALS"), ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.
ALTHOUGH WE MAKE REASONABLE EFFORTS TO COMPILE AND UPDATE ACCURATE INFORMATION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE SITE, ANY OF THE PRODUCTS AND SERVICES OR ANY OF THE MATERIALS ARE ACCURATE, COMPLETE OR UP TO DATE.
WE HAVE NO CONTROL, NOR ANY DUTY TO TAKE ACTION, REGARDING: (i) ANY MATERIALS ACCESSED BY YOU IN, ON, THROUGH OR BY THE SITE OR ANY PRODUCTS AND SERVICES; (ii) THE EFFECTS THE MATERIALS MAY HAVE ON YOU; OR (iii) HOW YOU MAY INTERPRET THE MATERIALS.
8. License to Use Your Data
You hereby grant to us a royalty-free, perpetual, worldwide, fully paid-up, unlimited and non-exclusive license to use, upload, display, copy and store all of your Data. "Data" means information, data, and other content, in any form or medium that is collected, downloaded, or otherwise received, directly or indirectly from you by or through the Site. For the avoidance of doubt, your Data does not include any Content (defined below) submitted by you to us via the Site.
9. Eligibility
THE SITE IS NOT DIRECTED TOWARDS, NOR INTENDED FOR USE BY, ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER 18, YOU MAY NOT, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, USE THE SITE. By accessing or using the Site, you represent and warrant that you (a) have the right, authority, and capacity to enter into these Terms, (b) will abide by all of the terms and conditions of these Terms, and (c) are at least 18 years of age. You hereby expressly acknowledge and agree that your eligibility to access and use the Site shall be contingent on your continued compliance with these Terms.
10. Accounts
You may need to sign up for an account with us in order to use part or all of the Site. You must provide accurate and up to date information for your account, and you represent and warrant that you have not and will not (a) intentionally impersonate another person or entity by using their name or email address, (b) use an offensive name or email address, or (c) use a name or email address for which you do not have proper authorization. We reserve the right to require that you change your username or use another email address. You are prohibited from using another person’s account or registration information for the Site without such other person’s permission. You shall be responsible for all activity that occurs on your account, and for keeping your password secure. You shall immediately notify us if there is any unauthorized use of your account. You may delete your account at any time, either directly or through a request to us.
11. Indemnification
You shall indemnify, defend, and hold us and our subcontractors and affiliates, and each of its and their respective officers, directors, employees, agents, successors, and assigns (each, an “Indemnitee”) harmless from and against any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers), incurred by any Indemnitee arising out of or resulting from, or are alleged to arise out of or result from: (a) your Content and your Data, including any processing of your Content or your Data by or on our behalf in accordance with these Terms; (b) your use or misuse of, or access to, the Site and/or Intellectual Property, or otherwise from your violation of these Terms, or infringement by you, or any third party using your account or identity in the Site, of any intellectual property or other right of any person or entity; (c) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants, or obligations under these Terms; and (d) any interpretation by, or effects on, you relating to or arising from the Site or Intellectual Property.
12. Third Party Software
The Site or the Intellectual Property may contain third party software that requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions may be requested from us and are made a part of and incorporated by reference into these Terms. By accepting these Terms, you are also accepting the additional terms and conditions, if any, set forth therein.
13. Links to Other Sites & Third-Party Content
The Site may contain links to or be linked from other websites and resources located on servers maintained by third parties over which we have no control (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that we are not responsible for, and do not endorse or warrant, the content of or anything that may be delivered to you or your computer as a result of accessing any Linked Sites, whether or not we are affiliated with the owners of such Linked Sites. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY WAIVE ANY CLAIMS RELATED TO, AND WE ARE NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR, YOUR ACCESS OF ANY INFORMATION ON OR USE OF THE LINKED WEBSITES, INCLUDING BUT NOT LIMITED TO, ANY VIRUSES OR OTHER ILLICIT CODE THAT MAY BE DOWNLOADED THROUGH A LINKED WEBSITE, OR BY ACCESSING A LINKED WEBSITE.
The information presented on or through the Site and/or the Intellectual Property is made available solely for general information purposes and we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Site and/or the Intellectual Property by you or any other party who may be informed of any the information contained on, in, through or by the and/or the Intellectual Property. The Site may include information and content provided by third parties, including the Content and other materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services (“Third-Party Content”). ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THE THIRD-PARTY CONTENT, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT AND MATERIALS PROVIDED BY US, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING SUCH THIRD-PARTY CONTENT. THE THIRD-PARTY CONTENT DOES NOT NECESSARILY REFLECT OUR OPINION AND WE ARE NOT RESPONSIBLE OR LIABLE TO ANY USER OR ANY THIRD PARTY FOR THE ACCURACY OF ANY OF THE THIRD-PARTY CONTENT.
14. Reservation of Rights
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE GRANTS ANY RIGHT, TITLE, OR INTEREST IN OR TO (INCLUDING ANY LICENSE UNDER) ANY INTELLECTUAL PROPERTY IN OR RELATING TO THE WEBSITE OR ANY INTELLECTUAL PROPERTY PROVIDED BY US TO YOU, WHETHER EXPRESSLY, BY IMPLICATION, ESTOPPEL, OR OTHERWISE. All right, title, and interest in and to the Site and Intellectual Property will remain with us (subject to any limitations associated with intellectual property rights of third parties with respect to Intellectual Property provided by such third parties), even if enhancements or other changes are suggested or requested by you and become incorporated into the Site or Intellectual Property.
15. Privacy
Your use of the Site is governed by our Privacy Policy, which details data handling. By using the Site, you consent to such practices.
16. Termination
We may terminate or suspend your account or access to the Site at any time for any reason, with or without notice to you. Such termination or suspension may result in the loss of some or all information, including any Content and Data, associated with your account. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, all ownership, indemnity and limitation of liability provisions, warranty disclaimers, and dispute procedures.
17. Miscellaneous
In General. These Terms include any other generally-applicable terms available on the Site (including but not limited to our Privacy Policy, which you can review by clicking here Privacy Policy/Cookie Policy (the “Privacy Policy”), all of which are made part of these Terms.
Purpose of the Site. This Site is owned by us and its purpose is to facilitate the sale of its products and services to its consumers. We do not endorse, recommend or favor any individual or firm listed on this Site. We may, in the future, offer new products or services through the Site (including, the release of new tools and resources). Such new products or services shall also be subject to these Terms.
Online Store Terms. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of any of our products and services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of this paragraph) will result in an immediate termination of your services and may result in criminal or civil prosecution.
Product Pricing; Products. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our products or services.
i. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our policies. We have made every effort to display as accurately as possible the colors and images of our products as they appear. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
ii. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
e. Accuracy of Account and Billing Information. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
f. Listings; Advertising. This Site contains information related to certain customers or subscribers to our services (hereinafter referred to as “Subscribers”) along with other related service information. The Subscribers either provide the information or we obtain the information from various sources generally deemed reliable. We cannot warrant the validity of the information, nor do we guarantee the quality of the services provided by the Subscribers. We are not responsible for any material, information or products or services contained on the Subscribers’ websites or otherwise provided by Subscribers. Although attention has been taken to provide the most reliable, accurate and current information, all users of the Site and/or any software or application offered by us are encouraged to make their own independent investigation and evaluation of any Subscriber they might engage.
g. General Conditions. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
h. Data Disclaimer. Though we make reasonable efforts to ensure that any data made available on the Site or our system application is accurate and reliable, this information is not guaranteed and may be subject to other terms and conditions imposed by the provider of such data. We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of such information. You acknowledge that (a) our third party service providers may provide copies of documents and data filed through our Site to third parties and (b) that such copies do not consist of nor contain Confidential Information as they are publicly filed by permission of you.
i. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site and/or any software or application offered by us strictly in accordance with these Terms; (b) to use the Site and/or any software or application offered by us exclusively for internal and business purposes; and (c) to print out discrete information and search results from the Site and/or any software or application offered by us exclusively for internal, and business purposes, provided that you maintain all copyright and other notices contained therein.
You may not make any other use of the Site and/or any software or application offered by us without our express consent. Be aware that products, services and content provided by third parties, even if contained in the Site, may be subject to additional terms, conditions and permissions, so this license does not necessarily govern your rights with respect to products, services and content provided by third parties, even if the same are found on the Site.
j. Personal Information. Your submission of personal information is governed by our Privacy Policy.
k. Restrictions and Prohibitions on Use. Except as expressly authorized by us, you shall not and shall cause all of your users to not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Site and/or any software or application offered by us to any third party in any way, (ii) access the Site and/or any software or application offered by us in order build a competitive product or service, (iii) copy, modify, harvest data from, or make any derivative works based upon the Site and/or any software or application offered by us, including without limitation to create a directory of Subscriber or mailing lists with data retrieved from this Site; (iv) use any part of the Site, or any of our products or services for any unlawful purpose; (v) solicit others to perform or participate in any unlawful acts; (vi) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vii) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (viii) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (ix) submit false or misleading information; (x) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (xi) collect or track the personal information of others; (k) spam, phish, pharm, pretext, spider, crawl, or scrape; (xii) use the Site for any obscene or immoral purpose; or (xiii) interfere with or circumvent the security features of the Site or any websites, or the Internet. We reserve the right to terminate your use of and access to the Site or any related website for violating any of the prohibited uses.
l. Transactions and Interactions with Subscribers or other Third Parties. We will not be liable in any way in connection with, any of the offerings, products or services advertised on or through the Site by any user (including Subscribers), or any sites on the Internet that may be directly or indirectly accessed through links in the Site that are not owned and operated by us, including but not limited to liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content therein. You acknowledge and agree that we are not a party to any transaction between you and any other user of the Site, even if that transaction is facilitated, in whole or in part, through the Site. YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING PAYMENT AND DELIVERY OF PRODUCTS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH OTHER USER AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INTERACTIONS ARE AT YOUR OWN RISK. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. YOU ALSO UNDERSTAND AND AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USER, WE HAVE NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING ANY DISPUTES ARISING IN CONNECTION THEREWITH.
m. Intellectual Property Rights. Except for the limited license contained in Section 5 above, nothing in these Terms grants or should be construed to grant to you any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all rights, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Site and/or any software or application offered by us and its content belong to us, our licensors, or Subscribers, as applicable.
N. No Solicitation. Consistent with our Privacy Policy, you shall not, and shall cause your users to not, use the Site, directly or indirectly, for the purpose of transmitting any unsolicited communications over the Internet to other users or any other third parties. In forums or other interactive features made available through this Site, you may discuss or recommend third-party websites, products or services, so long as you have no financial interest in and receive no direct or indirect benefit from such websites, products or services, or the recommendation of such.
n. Third-Party Content. Third-party content may be accessible via links from this Site. We shall not be responsible for, and have no liability for, any mistakes, misstatements or violations of law, defamation, omissions, falsehood, obscenity, infringements or profanity in the statements, opinions, representations or any other form of content contained in such third-party content accessed through the Site. You understand that the information and opinions in such third-party content represent the thoughts of the Third-Party exclusively and is not endorsed by us, nor does it reflect our opinions, position or beliefs.
o. Registration. Certain sections of this Site may require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. Your registration must be done using your real name and accurate information. We do not permit any other person using the registered sections under your username or email. You are responsible for preventing such unauthorized use, as well as for any consequences of such unauthorized use.
p. DISCLAIMER. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (I) THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, DATA, OR CONTENT, (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEBSITE WILL MEET YOUR OR YOUR USERS’ REQUIREMENTS OR EXPECTATIONS, OR (IV) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE WEBSITE AT ANY TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU.
q. LIMITATION OF LIABILITY AND DAMAGES. WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (I) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (II) ANY OF YOUR CONTENT OR ANY THIRD PARTY CONTENT ON OR ACCESSIBLE VIA THE WEBSITE (INCLUDING YOUR PARTICIPATION IN MESSAGE BOARDS, BLOGS, WIKIS OR E-MAIL FORUMS AND ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE), (III) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (IV) YOUR USE OF THE WEBSITE, (V) YOUR MISUSE OF THE WEBSITE, OR (VI) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FOR ANY REASON, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY OF THE FOREGOING LIMITATIONS ON LIABILITY DO NOT APPLY TO YOU OR ARE PROHIBITED BY LAW, OUR SOLE OBLIGATION AND LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.
r. Unlawful Activity. Please note that we reserve the right to investigate complaints or violations of our Terms or other policies or of applicable law, rule or regulation, and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile(s), email addresses, usage history, posted materials, IP addresses and traffic information.
s. No Expectation of Privacy. We retain the right, with or without cause or notice to you, to access or monitor all Computer Information. You agree that you have no reasonable expectation of privacy in the Computer Information and expressly waive any right of privacy or similar right in the Computer Information. You agree that any Computer Information is or shall become our sole and exclusive property. “Computer Information” means all data, files, information and communications created, received, or stored on or passed through our computer and communications systems by you.
t. Indemnification. You agree to indemnify and hold us, our officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your Content; (b) any breach by you of these Terms or any act or omission of any of your users which would constitute a violation of these Terms if done by you; or (c) any transaction or interaction between you or your users and any other person (including any other user), regardless of whether such transaction or interaction was facilitated in whole or in part by or through the Site. This obligation survives any termination of these Terms.
u. Remedies for Violations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to the Site and its features. In addition, we reserve the right to terminate these Terms or suspend your and/or your user’s access to the Site on notice to you if you or your users breach any provision of these Terms. Upon termination, you and your users’ right to access or use the Site pursuant to these Terms immediately terminate.
v. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Utah without giving effect to its conflict of law principles or any other principles that would result in the application of a different body of law. YOU HEREBY AGREE THAT, EXCEPT FOR ACTIONS REGARDING INJUNCTIVE OR OTHER EQUITABLE RELIEF AS SET FORTH BELOW, THE COURTS LOCATED IN UTAH COUNTY, UTAH, USA, WILL HAVE SOLE AND EXCLUSIVE VENUE AND JURISDICTION FOR THE RESOLUTION OF ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE AND YOU HEREBY IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND IRREVOCABLY WAIVE ANY OBJECTIONS THERETO. YOU HEREBY IRREVOCABLY CONSENT TO SERVICE OF PROCESS FOR ALL ACTIONS IN SUCH COURTS. ANY JUDGMENTS RENDERED BY SUCH COURTS MAY BE ENTERED AND ENFORCED AGAINST YOU IN ANY JURISDICTION WHERE YOU OR YOUR ASSETS ARE LOCATED. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF USE, WE MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO ENFORCE OR PROTECT ITS RIGHTS HEREUNDER IN ANY COURT OF COMPETENT JURISDICTION THAT WE DEEM APPROPRIATE. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms.
w. Severability of Provisions. These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of and access to the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). If any provision of these Terms is found unlawful, void or unenforceable, such provision shall be deemed to be revised to a valid and enforceable provision that most closely approximates the original intent of the parties (or, if such revision is not permissible, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability), and the remaining provisions of these Terms shall not be affected, and shall remain in full force and effect.
x. Modifications to Terms; Additional Features. We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on this Site and/or any software or application and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of the Site and/or any software or application offered by us after any such changes constitutes your consent to such changes. In addition, from time to time, we may offer you new or additional features; additional terms may apply to these features and such additional terms will be deemed part of these Terms (and if they conflict with other terms of these Terms, they shall control with respect to such new or additional features). Subscribing to or using such new or additional features constitutes your consent to such additional terms.
y. No Waiver; Ambiguities. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.