The UGuideMe.com web site (the "Site"), together with the UGuideMe mobile application ("UGuideMe App"), and any other guides, content, features, website(s), and/or applications offered from time-to-time by Mobile Excursions, LLC (referred to as “us”, “we” or “our”) comprise the UGuideMe Service (the "Service").
WE OFFER THE SERVICE TO YOU conditioned on your acceptance of these Terms and compliance with any other terms, conditions, policies and notices on the Site. Your use of the SERVICE constitutes your agreement to all such Terms, and other terms, policies, conditions and notices set forth on the site.
Several activities on the Site and use of the Service require user names and passwords (e.g., if you establish a user account with us). You understand and agree that if your user name and password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your user name and password had no actual authority to do so or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.
You agree to supply only accurate, current and complete information when setting up an account on the Site, creating a Guide, reviewing a Guide, or otherwise using the Site or related Service. You also agree to review and correct all information that is supplied about you (such as if our Site pre-populates information that you would otherwise have to enter) to ensure that it is always accurate, current and complete.
Any computer software downloadable (such as the UGuideMe App) or otherwise made available to you in connection with the Service is licensed subject to the terms of the applicable licensing agreement, which terms are incorporated into these Terms. In using the Service, you agree to:
One of the features of the Service is the ability to create and publish your own UGuideMe guides and content (“Guides”) – such as a guide to a museum, park or other attraction that you have visited, guides to universities, golf courses, you name it, you can probably create a Guide for it. You agree that these Terms apply to Guides that you create using the Service. You acknowledge and agree as follows:
In using the Site and Service, you shall NOT:
We reserve the right, in our sole discretion, to terminate your access to the Site and/or Service, remove any user name that you have developed, refuse to pose, edit, or remove any Guides that you have posted, and terminate your privileges, with or without prior notice to you, for violation of the letter or spirit of these Terms, applicable law, or if you create possible legal exposure for us or for any other reason. We shall have the right, but not the obligation, to monitor the content of the Site, including Guides and other user controlled areas to determine compliance with these Terms.
We reserve the right to disclose information maintained about you if required to do so by applicable law or court order or to enforce these Terms.
If you feel that your rights have been violated (including if you believe that posted material infringes the intellectual property or other rights of a third party), please contact us using the contact information on the Site.
The Service may include content provided by third parties, including Guides posted on the Site by other users of the Service or official Guides that are sanctioned by a particular attraction. The inclusion of such third party content does not constitute or imply our endorsement or recommendation of any third party (including without limitation the content of any Guides). We make no representations or warranties regarding the accuracy or completeness of any such third party content. Statements and opinions in Guides and other materials on the Site are those of the individual contributors or advertisers, as indicated.
The Site may contain links to websites owned and operated by third parties (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation, any further link contained in a Linked Site, or any errors or omissions in the contents of any Linked Site. We provide these links to you only as a convenience, and the inclusion of a link does not imply any endorsement of or any affiliation or connection between us and the Linked Site or its owners. You are responsible for evaluating the accuracy, completeness, applicability, and usefulness of the contents of any Linked Site, including without limitation, any opinion, advice, information provided regarding services, products, or any other information.
Although there is a fee for downloading the UGuideMe App, there will always be a free version of the Service for non-commercial use. We may introduce a premium version in the future. We reserve the right to charge fees for any future versions of the Service and for any additional modules and/or content.
We reserve the right to run advertisements and promotions within the Service, including in Guides that you post (the "Promotions"). You agree that we have the right to run such Promotions without any compensation to you. Any dealings, promotions, or transactions between you and any third parties with regard to the Promotions, and any other terms, conditions, warranties or representations associated with such dealings, promotions, or transactions, are solely between you and such third party; we are not responsible or liable for any part of any such dealings, promotions, or transactions.
Any map information provided by or made available for download on the Site and/or in connection with the Service is intended for preliminary planning purposes only. You may find that routes, the locations of points of interest, construction projects or other events may differ from the map.
We may update and/or revise the Site, the Guides, and/or the Service at any time for any reason. We shall not have any obligation to inform you of or furnish to you any such updates and/or revisions.
We reserve the right to modify the terms, conditions, and notices under which we offer the Service, including without limitation any modifications associated with the usage of the Site. You are responsible for regularly reviewing these Terms, conditions and notices, and any additional provisions posted on the Site. Your continued usage of the Service after the effective date of such modifications constitutes your acceptance of, and agreement to, such modifications.
Your use of the Site, UGuideMe App, Guides and the Service is at your own risk. We do not guarantee the accuracy of any information within the Site, UGuideMe App, Guides and/or the Service. We are not responsible for the actions or content of third parties, and you release us and our officers, directors, employees and agents from any claims and damages, known or unknown, arising in any way connected with any claim that you may have against a third party. You waive any law or statute that states in substance that “A general release does not extend to claims to which a party does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement.” WE provide the site, UGUIDEME APP, GUIDES and the SERVICE ‘AS IS’, ‘As available’ and ‘with all faults’ without any representations or warranties whatsoever, and we disclaim all warranties, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, NONINFRINGEMENT, accuracy, results achieved, COMPLETENESS, privacy, security, or any warranties arising out of usage of trade, course of performance or course of dealing. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
By using the Site, UGuideMe App, Guides and the Service, you agree to indemnify and hold harmless, us, our subsidiaries, affiliates, officers, and employees from any and all claims and expenses, including attorney's fees, arising from your use.
We provide the Site, UGuideMe App, the Guides and the Service as a convenience for our users; if for any reason, you are not satisfied with your experience in using the Site, UGuideMe App, the Guides and/or the Service, your sole and exclusive remedy is to cease access to and use of the Site, UGuideMe App, the Guides and the Service. WE ARE not responsible for any damages caused to you or your computer or any handheld device based on use of THE SITE, the UGUIDEME APP, guides, AND/OR THE SERVICE, including without limitation direct, indirect, exemplary, special OR consequential damages. OUR aggregate liability arising out of these Terms or your use of THE SITE, the UGUIDEME APP, guides, AND/OR THE SERVICE will not exceed TWENTY FIVE dollars ($25.00). These limitations shall apply even if we have been notified of the possibility of such damages. Applicable law may not allow the exclusion or limitation of consequential or incidental damages, so the above limitation may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
All content of this Site is Copyright 2009-2011, Mobile Excursions, LLC and its content providers. All Rights Reserved. "UGuideMe" is a trademark of Mobile Excursions, LLC. Certain other words, phrases, names, designs or logos contained on the Site or within the Service may constitute trademarks, service marks or trade names of Mobile Excursions, LLC. Other trademarks and service marks used on the Site are the trademarks and service marks of their respective owners. The unauthorized use of any trademarks contained on the Site or within the Service is strictly prohibited.
In the event that you provide us with any information such as (but not limited to) feedback, data, answers, questions, comments, suggestions, plans, or concepts, you warrant and represent that you own or otherwise control all of the rights to such information and that our use of such information will not infringe or violate the rights of any third party. The submission of such information to us shall in no way prevent our development, use, or sale of similar products, services, plans and/or concepts for any purpose whatsoever.
You may NOT use the Service if you are under 13 years of age.
Except as expressly stated herein, these Terms constitute the entire agreement between you and us with reference to your usage of the Site, the UGuideMe App, Guides and the Service. There are no agreements, conditions, understandings or representations, oral or written, express or implied, with reference to the subject matter of these Terms that are not merged herein, expressly referenced herein, or superseded hereby. These Terms do not limit any rights that we may have under trade secret, copyright, patent, trademark or other laws. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. Any action under these Terms shall be settled by binding arbitration in Suffolk County, Massachusetts under the rules of the American Arbitration Association. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Our failure to enforce any of these Terms shall not be a waiver of any such right or provision. We may freely assign, sublicense, delegate or transfer all or any portion of its rights or responsibilities under these Terms by operation of law or otherwise without notice to you. Any assignment of these Terms by us in connection with a sale of its business shall relieve us from any further liability hereunder. All the terms and provisions of these Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. The captions and section headings used in these Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Terms.