Website Terms of Use
This website and/or its
mobile applications (the “Site” or “Jetsetter
Sites”) is owned and operated by Gilt Groupe Holdings, Inc.
and/or its subsidiaries or affiliates (“Jetsetter”). These
Website Terms of Use (“Terms of Use”) apply to your use of
this Site. Any membership you may establish on the Site and/or the
purchase or use of any products or services available through this Site
are governed by the Terms & Conditions of Service posted
(“Terms of Service”) on the relevant Jetsetter Site.
Throughout the Site, the terms “we,” “us” and
“our” refer to Jetsetter. Jetsetter offers this Site,
including all information, tools and services available on this Site,
to you, the user, conditioned upon your acceptance of these Terms of
Use. Your continued use of this Site constitutes your agreement to
these Terms of Use. If you do not wish to be bound by these Terms of
Use, please do not use this Site.
You represent that all of the information, data and other materials you provide on this Site or to Jetsetter through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on this Site is located at [http://www.jetsetter.com/privacy ]. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. We may update the Privacy Notice from time to time in our sole discretion, and post an updated version of the notice at the website address provided above.
All content available through this Site (including, without
limitation, text, design, graphics, logos, icons, images, audio
clips, downloads, interfaces, code and software, as well as the
selection and arrangement thereof) is the exclusive property of and
owned by Jetsetter, its licensors or its content providers, and is
protected by copyright, trademark and other applicable U.S. and
foreign laws.
Jetsetter grants you a limited license to access
and make personal use of this Site. Unless indicated to the contrary,
you may access, copy, download and print the content available on
this Site for your personal, non-commercial use, provided you do not
modify or delete any copyright, trademark or other proprietary
notices that appear in the content. Jetsetter or its licensors or
content providers retain full and complete title to the content
available on the Site, including all associated intellectual property
rights, and provide this content to you under a license that is
revocable at any time in Jetsetter’s sole discretion. Jetsetter
strictly prohibits any other use of any content available through the
Site, including but not limited to:
You are responsible for obtaining access to the Site, and that access
may involve third-party fees (such as Internet service provider or
airtime charges). In addition, you must provide and are responsible
for all equipment necessary to access the Site. You may not bypass
any measures that have been implemented to prevent or restrict access
to this Site. Any unauthorized access to the Site by you (including
any such access or use that involves in any way an account you may
establish on the Site or any device you may use to access the Site)
shall terminate the permission or license granted to you by
Jetsetter.
Jetsetter reserves the right to refuse or cancel any
person’s registration for this Site, remove any person from
this Site and prohibit any person from using this Site for any reason
whatsoever, and to limit or terminate your access to or use of the
Site at any time without notice. Jetsetter neither warrants nor
represents that your use of the content available on this Site will
not infringe rights of third parties not affiliated with Jetsetter.
Termination of your access or use will not waive or affect any other
right or relief to which Jetsetter may be entitled, at law or in
equity.
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:
You may not use a false email address or other identifying
information, impersonate any person or entity or otherwise mislead as
to the origin of any content. Some features that may be available on
this Site require registration. By registering, you agree to provide
true, accurate, current and complete information about yourself.
With respect to any content you submit or make available through the
Site (other than personal information, which is handled in accordance
with the Privacy Notice, you grant Jetsetter a
perpetual, irrevocable, non-terminable, worldwide, royalty-free and
non-exclusive license to use, copy, distribute, publicly display,
modify, create derivative works, and sublicense such content or any
part of such content, in any media. You hereby represent, warrant and
covenant that any content you provide does not include anything
(including, but not limited to, text, images, music or video) to
which you do not have the full right to grant such a license to
Jetsetter.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with Jetsetter. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Jetsetter is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE
TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, JETSETTER MAKES NO
REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER
CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING,
WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF JETSETTER
MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES
PURCHASED THROUGH THE JETSETTER SITES, AS WELL AS WARRANTIES IMPLIED
FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN
JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES,
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT
TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR
PART THEREOF AT ANY TIME. JETSETTER DISCLAIMS ANY WARRANTIES THAT
ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE
WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE
CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE
COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT
YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY
YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN
CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF
WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE JETSETTER SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF JETSETTER. JETSETTER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE and/or for use of the JETSETTER membership, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE JETSETTER SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR membership and/or USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (inlcuding, WITHOUT LIMITATION, consumer protection law), NEITHER JETSETTER NOR ITS licensors, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“Gilt groupe”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE or resource YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) your JETSETTER membership, any termination or cancelation of your membership, any referral credit program (or associated credits); (4) any products or services made available or purchased through the JETSETTER sites, including any damages or injury arising from any use of such products or services; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON the SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GILT groupe HAve BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GILT GROUPE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH Jetsetter IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND JETSETTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless Gilt Groupe from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Gilt Groupe and such parties, and shall defend Gilt Groupe and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Gilt Groupe will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Gilt Groupe.
When you use the Site or send emails to Jetsetter, you are communicating with Jetsetter electronically. You consent to receive electronically any communications related to your use of this Site. Jetsetter will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Jetsetter intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Jetsetter Sites.
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Jetsetter is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Jetsetter, in its sole discretion, may monitor, not post or remove any such content.
Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Jetsetter immediately. Jetsetter may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Jetsetter or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Jetsetter or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Jetsetter’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Jetsetter’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.
Jetsetter respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that Jetsetter has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Jetsetter members who are repeat copyright infringers. Jetsetter may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Jetsetter’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
Jetsetter’s agent for notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By
mail: Copyright Agent
c/o Jetsetter, Legal Department
2 Park Avenue, 4th Floor
New York, New York 10016
USA
By phone:
877-JSET-USA/877-573-8872
By email: support@jetsetter.com
Jetsetter may update this contact information from time to
time without notice to you. We will post the current contact
information on this Site.
Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
Jetsetter shall be excused from performance under these Terms of Use or the Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Jetsetter. In the event that Jetsetter is temporarily unable to ship to you a purchased item because of such an event, Jetsetter will give you the option of deferring shipment or receiving a refund of your charges.
From time to time Jetsetter may offer special promotional offers that
may or may not apply to your Jetsetter account. You agree to be bound
by any additional terms and conditions for these special offers,
which shall appear in connection with the offer.
If any of the provisions set forth in these Terms of Use or the Terms
of Service are deemed invalid, void, or for any reason unenforceable,
the parties agree that the court should endeavor to give effect to
the parties’ intentions as reflected in the provision, and the
unenforceable condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining provisions of
these Terms of Use or the Terms of Service. Section headings are for
reference purposes only and do not limit the scope or extent of such
section. These Terms of Use or the Terms of Service and the
relationship between you and Jetsetter will be governed by the laws
of the State of New York without regard to its conflict of law
provisions.
If a dispute arises under these Terms of Use or the
Terms of Service between you and Jetsetter, such dispute shall be
resolved, at the filing party’s election, in either a small
claims court or by final and binding arbitration administered by the
National Arbitration Forum or the American Arbitration Association,
under their rules for consumer arbitrations. The venue for all
disputes arising under these Terms of Use shall be New York, the
State of New York. All disputes in arbitration will be handled solely
between the named parties, and not on any representative or class
basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A
COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL.
Notwithstanding any other provision of these Terms of Use or the
Terms of Service, Gilt Groupe may resort to court action for
injunctive relief at any time.
The failure of Jetsetter to act
with respect to a breach of these Terms of Use or the Terms of
Service by you or others does not waive Jetsetter’s right to
act with respect to subsequent or similar breaches. If any content on
this Site, or your use of the Site, is contrary to the laws of the
place where you are when you access it, the Site is not intended for
you, and we ask you not to use the Site. You are responsible for
informing yourself of the laws of your jurisdiction and complying
with them.
Jetsetter does not guarantee it will take action
against all breaches of these Terms of Use or the Terms of Service.
Except as otherwise expressly provided in these Terms of Use or the
Terms of Service, there shall be no third-party beneficiaries to
these Terms of Use or the Terms of Service.
You acknowledge and agree that Jetsetter may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Use is available at [http://www.jetsetter.com//websiteterms ]. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.
You may not assign these Terms of Use or the Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Jetsetter, which may be withheld at Jetsetter’s sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Terms of Service shall be null and void. Jetsetter may assign these Terms of Use or the Terms of Service, in whole or in part, to any third party in its sole discretion.
These Terms of Use constitute the entire agreement and understanding
between you and Jetsetter with respect to the subject matter thereof
and supersede all prior or contemporaneous communications and
proposals, whether oral or written, between the parties with respect
to such subject matter.
In some instances, both of these Terms
of Use and a separate document that provides additional conditions
may apply to a service or product offered via this Site
(“Additional Terms”). To the extent there is a
conflict between these Terms of Use and any Additional Terms, the
Additional Terms will control unless the Additional Terms expressly
state otherwise.
A printed version of these Terms of Use shall be
admissible in judicial or administrative proceedings based on or
relating to use of this site to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form.
If you have any questions or comments about these Terms of Use or
this Site, please contact us by email at privacy@jetsetter.com.
You also may write to us at:
Jetsetter
Attn: Legal
Department
2 Park Avenue, 4th Floor
New York, New York 10016
Effective Date: January 28, 2012
Starting Monday 5/21 at 3pm EDT
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