Around The Way Terms of Use
Around The Way Terms of Use
Date of Last Revision: December 5, 2008
Welcome to Around The Way, a social network focused on localized content. The Around The Way service and network located at www.aroundtheway.com, its affiliate sites, subdomains, mobile version(s), and any associated applications (collectively, “Around The Way”) are operated by O'Malley Management Group, LLC and its affiliates (collectively, “us”, “we” or “the Company”). By accessing or using Around The Way, you (“you” or “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether you are a “Visitor” (which means that you simply browse Around The Way without being a registered user) or a “Member” (which means that you are a registered user of Around The Way).
This Agreement sets out the legally binding terms of your use of Around The Way. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of Around The Way after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) Around The Way. It is your responsibility to regularly check Around The Way to determine if there have been changes to these Terms of Use and to review such changes.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of Around The Way at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Around The Way if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to Around The Way and/or its other users.
Eligibility
Use of Around The Way and registration to be a Member of Around The Way is void where prohibited. You must be 13 or older to use Around The Way. By agreeing to these terms or by using Around The Way, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Term
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use Around The Way or are a Member. You may terminate your Around The Way membership (“Membership”) at any time, for any reason, by following the instructions on the Member's Account Settings page. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
Registration Information
In consideration of your use of Around The Way, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on Around The Way ("Registration Information"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Information, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on Around The Way, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on Around The Way.
Provided that you are eligible for use of Around The Way, you are granted a limited license to access and use Around The Way and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of Around The Way or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
User Content
Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through Around The Way (“User Content”). After posting your User Content to the Around The Way, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By displaying or publishing ("posting") any User Content on or through Around The Way, you hereby grant to Company a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through Around The Way, including without limitation distributing part or all of Around The Way in any media formats and through any media channels, except User Content marked “private” will not be distributed outside aroundtheway.com. After you remove User Content from Around The Way we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed Your Content outside aroundtheway.com you change your User Content’s privacy setting to “private,” we will cease distribution of such “private” User Content outside aroundtheway.com as soon as practicable after you make the change.
The license you grant to Company is non-exclusive (meaning you are free to license User Content to anyone else in addition to Around The Way), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on Around The Way of the User Content that you post), sublicensable (so that Company is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide Around The Way services), and worldwide (because the Internet and the Around The Way services are global in reach).
You represent and warrant that: (i) you own the User Content posted by you on or through Around The Way or otherwise have the right to grant the license set forth in this Section 5, and (ii) the posting of User Content on or through Around The Way does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you on or through Around The Way.
Around The Way contains content created or posted by Company ("Around The Way Content"). Around The Way Content is protected by copyright, trademark, patent, trade secret and other laws, and Company owns and retains all rights in the Around The Way Content. Company hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Around The Way Content (excluding any software code) solely for your personal use in connection with using the Around The Way.
Around The Way contains User Content and other content of Around The Way licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Around The Way.
Around The Way performs technical functions necessary to offer the services on Around The Way, including but not limited to transcoding and/or reformatting content to allow its use throughout Around The Way.
Company may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Company violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Company assumes no responsibility for monitoring Around The Way for inappropriate User Content or conduct. If at any time Company chooses, in its sole discretion, to monitor Around The Way, Company nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
You are solely responsible for the User Content that you post on or through Around The Way, and any material or information that you transmit to other Members and for your interactions with other Users.
Prohibited Content/Activity
The following are examples of the kind of content that is illegal or prohibited to post on or through Around The Way. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from Around The Way and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of Company:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without prior written consent from Company such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on Around The Way. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of Around The Way. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through Around The Way, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Company $50 for each such unsolicited email or other unauthorized commercial communication you send through the Around The Way;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of Around The Way;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
covering or obscuring the banner advertisements on your personal profile page, or any Around The Way page via HTML/CSS or any other means;
any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on Around The Way or the networks or services connected to Around The Way;
impersonating or attempting to impersonate another Member, person or entity;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from Around The Way in order to harass, abuse, or harm another person or entity, or attempting to do the same;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of Around The Way on behalf of that person; or
using Around The Way in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy
Around The Way has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Around The Way removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any subscribers or account holders and/or block access to the Site of any subscribers or account holders who repeatedly infringe the copyrights of others.
Digital Millennium Copyright Act (DMCA) - Infringement Notification
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
Detailed identification of the copyrighted work that you believe has been infringed.
Detailed identification of the material you claim infringes this copyrighted work.
Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your signature.
Send the Infringement Notification to the following address:
By email: infringing@aroundtheway.com
By mail:
Around The Way, 74 Bradley Street, Brentwood, NY 11717
Digital Millennium Copyright Act (DMCA) - Counter Notification
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
Detailed identification of the material Around The Way has removed.
Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your signature.
Send the Counter Notification to the following address:
By email: infringing@aroundtheway.com
By mail:
Around The Way, 74 Bradley Street, Brentwood, NY 11717
Around The Way Classifieds Guidelines
The Around The Way Classifieds section (“Classifieds”) enables users to connect with each other by posting classified ads on Around The Way. All listings posted on Around The Way ("Listings") and all transactions conducted in connection therewith, are subject to the following guidelines in this section 8.
Listing Guidelines
All Listings must be accurate and not misleading, and you may not use the Classifieds in a fraudulent manner or to engage in any fraudulent activity or purpose or to impersonate any person or entity.
You may list an item in only one Listing at a time per network, and in the most appropriate category.
All real estate Listings must comply with the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." Your state or local jurisdiction may impose additional requirements, and your Listings must comply with those requirements as well.
You may not list any item for sale, lease or rent that is not in your possession or that you do not have the right to sell lease or rent at the time the item is listed.
You may not post any material that contains or links to any viruses, worms, Trojan horses, corrupted data or other harmful, disruptive or destructive files or programs.
You may not post in your Listings any content that is infringing, obscene, offensive, harassing, hateful, inflammatory, abusive, defamatory, harmful, fraudulent, or invasive or privacy or publicity rights or otherwise violates the guidelines in this section 8 or any other part of the Terms of Use.
You may not promote, encourage or solicit illegal activity of any kind.
You may not offer, list, sell or lease any items that are designated in these guidelines in this section 8 as Prohibited Items or that would violate these Guidelines in any manner.
All Listings and all transactions entered into through Around The Way must comply with all applicable laws, rules, regulations and restrictions, and you may not offer, list, sell, lease, solicit, request or provide anything through Around The Way in a jurisdiction where such action would violate any law, rule, regulation or restriction. The parties to a transaction are solely responsible for researching and determining the scope of the applicable law to determine whether a listing or transaction complies with applicable law.
Prohibited Items
Without limiting any of the restrictions contained elsewhere in these guidelines in this section 8 or any other part of the Terms of Use, the following items may not be sold, leased, rented, provided or otherwise transacted through the Classifieds:
Firearms, ammunition and other weapons and related accessories (including martial arts weapons)
Fireworks or any destructive devices or explosives
Child pornography or obscenity
Illegal drugs and drug paraphernalia
Prescription or nonprescription drugs and medical devices
Alcohol or tobacco products
Goods made from protected animals/plants
Restricted or regulated plants and insects
Pesticides or hazardous substances
Illegal, stolen or counterfeit goods or knock-offs of brand name products
Blood, bodily fluids and body parts
False identification cards and police items
Hacking and illegal surveillance equipment and descrambling equipment
Burglary tools
Counterfeit stamps, currency and coins
Material that infringes the rights of a third party, including copyrights, trademarks, patents, rights of publicity and rights or privacy (including warez and bootleg copies)
Airline tickets that restrict transfer
Lottery or raffle tickets, sweepstakes or content entries or gambling related items or devices
Used or rebuilt batteries
Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
Hazardous goods
Stocks, bonds, securities
Sexual services or sexually explicit materials
Event tickets if sale, pricing or manner of sale violates state and local regulations
Any item that violates US export laws to sell to the intended seller, including items subject to US embargoes
Items that are associated with hate groups such as Nazis or Ku Klux Klan
Items subject to a recall or for which resale is prohibited
Terms of Sale
Certain products and services may from time to time be made available to you by us through Around The Way. By purchasing any products or services through Around The Way, you signify that you have read, understand and agree to be bound by the Terms of Sale in this section 9 in effect at the time of purchase ("Terms of Sale"). These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted on Around The Way. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on Around The Way.
Purchase Qualifications; Account Security
To make a purchase on Around The Way, you must be a Member and comply with these Terms of Sale (including the Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Around The Way sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on Around The Way only with the involvement and authorization of a parent or guardian. We reserve the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Payment Method and Terms
We accept Visa, MasterCard, American Express, Discover and Diner's Club credit cards and certain debit cards, as forms of payment. By submitting an order through Around The Way, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to Around The Way, you may authorize us to store your credit card number and related payment information.
Delivery
Any tangible property purchased through the Around The Way Site will be shipped FOB Shipping Point. Title to such products passes from Company to you upon shipment. With respect to services you purchase through the Around The Way Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on Around The Way, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on Around The Way, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, Gift Credits as described below), with a value at least equal to the amount charged to your credit card. Around The Way reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, send an email to refund@aroundtheway.com.
Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
Virtual Gift Service
Company's virtual gift service allows you to select an image from Around The Way's Virtual Gift Store and post it on the recipient's profile along with a message from you (the "Virtual Gift"). The length of time the Virtual Gift will remain posted on the recipient's profile (unless hidden or deleted by the recipient) will be determined by Company in its sole discretion. The images and other content included as part of the Virtual Gift is part of the Site Content and is subject to all terms and conditions regarding such Site Content as are set forth in the Terms of Use. In addition, any message that you include with the Virtual Gift must comply with all terms and conditions regarding User Content as set forth in the Terms of Use. Without limiting any of the foregoing, the Virtual Gift service is a service (notwithstanding any use of the terms "purchase," "buy," "sell," "order" or the like on Around The Way or in these Terms of Sale), and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any Virtual Gift you send or receive through the Virtual Gift service, and neither you nor the recipient may reproduce, distribute, transfer, modify or otherwise use the Virtual Gift in any manner other than as expressly authorized by Company. All use of the Virtual Gift service is for your personal, non-commercial use only. Price and availability of Virtual Gifts are subject to change at any time without notice.
Gift Credits
In order to send Virtual Gifts, you must purchase credits (the "Gift Credits") that are redeemable for Virtual Gifts at rates specified on the Virtual Gift page. Around The Way may in its sole discretion allow you to apply your Gift Credits toward other goods or services in addition to such Virtual Gifts. Although the Gift Credits you purchase do not expire, if you do not use your Gift Credits within three (3) years after the date of purchase, Around The Way may without notice redeem such Gift Credits on your behalf by sending Virtual Gifts to your Around The Way friends. Around The Way may determine in its sole discretion which of your Around The Way friends will receive such Virtual Gifts, how many each friend will receive, and which Virtual Gift(s) will be sent to each. Gift Credits have no monetary value and cannot be redeemed for cash. Gift Credits are non-refundable and non-transferable. Without limiting any of the foregoing, the Gift Credits system is a service (notwithstanding any use of the terms "purchase," "buy," "sell," "order" or the like on Around The Way or in these Terms of Sale), and you do not obtain or retain any rights or ownership interest of any kind in or to Gift Credits. All use of the Gift Credits system is for your personal, non-commercial use only. To review how many Gift Credits you have remaining, go to the Virtual Gift page. If you have any questions about Gift Credits, please contact customer support.
Returns
All tangible merchandise, other than special orders and as otherwise noted by Company, may be returned to us for a refund of your purchase price when you notify us within 10 days of receipt of your order. We do not accept returns after this 10-day period. A 20% restocking fee may be applied to your return, but it shall not apply to returns due to defects or errors by Company. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company. You must call first for a return authorization number, and no merchandise can be returned without a written authorization number. Items must be unopened, in new condition, and returned in original shipping containers. All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. Company is not responsible for damages incurred during shipping. There are no returns or cancellations for any intangible property or services purchased from Company, including without limitation Virtual Gift services. All sales are final, noncancelable and nonrefundable except as expressly set forth in this Agreement or as otherwise determined by Company in its sole discretion.
Member Disputes
You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including termination of the membership of one or more Members.
Disclaimers
We are not responsible for any incorrect or inaccurate User Content or any other third party content posted on Around The Way, whether made or caused by users of Around The Way, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of Around The Way.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF AROUND THE WAY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF AROUND THE WAY, ANY CONTENT POSTED ON AROUND THE WAY OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF AROUND THE WAY, WHETHER ONLINE OR OFFLINE.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of Around The Way, any Member or any other person related to or resulting from use of Around The Way, viewing, playing or downloading any materials on or from Around The Way. Around The Way is provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of Around The Way. No advice or information, whether oral or written, obtained by you from us or from or through Around The Way shall create any warranty not expressly stated herein.
Limitation on Liability
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of Around The Way during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Around The Way, even if we have been advised of the possibility of such damages.
Disputes
If there is any dispute between you and us about or involving Around The Way, by using the Around The Way, you agree that the dispute exclusively shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The state and federal courts located in New York County, New York shall have exclusive jurisdiction for the resolution of any such dispute.
Indemnity
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of Around The Way (including the posting by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you or (c) any breach of your representations and warranties set forth above.
No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of Around The Way.
Other
This Agreement, together with our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of Around The Way. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.
