Getaway Club

Terms of Service Agreement

Last Updated: 2025-02-19

Welcome to Getaway Club a platform operated by [Getaway Club] (“GC”) designed to facilitate individual and group traveler experiences by offering tools to plan and experience travel. 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY.  THIS WEBSITE AND ANY OTHER WEBSITES OF GC, ITS AFFILIATES OR AGENTS ON WHICH A LINK TO THESE TERMS OF SERVICE APPEAR (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY GC.  THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE, OUR MOBILE APPLICATIONS (“APPS”), AND THE SERVICES, INFORMATION AND CONTENT, AVAILABLE OR ENABLED VIA THE WEBSITE OR APP (COLLECTIVELY, WITH THE APPS AND THE WEBSITE, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT”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“YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER DURING REGISTRATION FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APP OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 16 (DISPUTE RESOLUTION) OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.  

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. All Supplemental Terms are hereby incorporated into this Agreement by reference. This Agreement and any applicable Supplemental Terms are referred to herein as the “Terms”.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY GC IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, GC will make a new copy of the Terms available at the Website and the App, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or App.  We will also update the “Last Updated” date at the top of the Terms. If we make material changes to the Terms, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2.1) or another manner through the Services (which may include posting an announcement on our Website). GC may require you to provide consent to the updated Terms in a specified manner before further use of the Website, App and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you agree to stop using the Website, App and the Services.  Otherwise, your continued use of the Website, App or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. USE OF THE SERVICES AND GC PROPERTIES.  The App, the Website, the Services, and the information and content available on the Website and in the App and the Services (as these terms are defined herein) (each, a “GC Property” and collectively, the “GC Properties”) are protected by copyright laws throughout the world.  Subject to the Agreement, GC grants you a limited license to reproduce portions of GC Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by GC in a separate license, your right to use any and all GC Properties is subject to the Agreement.

1. App License.  Subject to your compliance with the Agreement, GC grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes.  Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced App”), you will only use the App Store Sourced App (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced App”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
2. Updates.  You understand that GC Properties are evolving.  As a result, GC may require you to accept updates to GC Properties that you have installed on your computer or mobile device.  You acknowledge and agree that GC may update GC Properties with or without notifying you.  You may need to update third-party software from time to time in order to use GC Properties.
3. Certain Restrictions.  The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit GC Properties or any portion of GC Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other GC Properties (including images, text, page layout or form) of GC; (c) you shall not use any metatags or other “hidden text” using GC’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of GC Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of GC Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in GC Properties. Any future release, update or other addition to GC Properties shall be subject to the Agreement.  GC, its suppliers and service providers reserve all rights not granted in the Agreement.  Any unauthorized use of any GC Property terminates the licenses granted by GC pursuant to the Agreement.

2. REGISTRATION.

1. Registering Your Account.  In order to access certain features of GC Properties you may be required to become a Registered User.  For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”), has a valid account on the social networking service (“SNS”) through which the user has connected to the Website (each such account, a “Third-Party Account”), or has an account with the provider of the App for the user’s mobile device.
2. Access Through a SNS.  If you access the GC Properties through a SNS as part of the functionality of the Website, the App and/or the Services, you may link your Account with Third-Party Accounts, by allowing GC to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  You represent that you are entitled to disclose your Third-Party Account login information to GC and/or grant GC access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating GC to pay any fees or making GC subject to any usage limitations imposed by such third-party service providers.  By granting GC access to any Third-Party Accounts, you understand that GC may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through GC Properties (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through GC Properties via your Account.  Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 3.1 (Types of Content)) for all purposes of the Agreement.  Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on GC Properties. Please note that if a Third-Party Account or associated service becomes unavailable, or GC’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through GC Properties.  You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND GC DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  GC makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and GC is not responsible for any SNS Content.
3. Registration Data.  In registering an account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using GC Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of GC Properties by minors.  You may not share your Account or password with anyone, and you agree to (y) notify GC immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or GC has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, GC has the right to suspend or terminate your Account and refuse any and all current or future use of GC Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account per platform or SNS at any given time.  GC reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use GC Properties if you have been previously removed by GC, or if you have been previously banned from any of GC Properties.
4. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of GC.
5. Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to GC Properties, including but not limited to, a mobile device that is suitable to connect with and use GC Properties, in cases where the Services offer a mobile component.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing GC Properties.  

1. RESPONSIBILITY FOR CONTENT.

1. Types of Content.  You acknowledge that all Content, including GC Properties, is the sole responsibility of the party from whom such Content originated.  This means that you, and not GC, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through GC Properties (“Your Content”), and that you and other Registered Users of GC Properties, and not GC, are similarly responsible for all Content that you and they Make Available through GC Properties (“User Content”). The use of Your Content by GC will be subject to the terms of our Privacy Policy located at: thegetawayclubapp.com/ourprivacypolicy.
2. No Obligation to Pre-Screen Content.  You acknowledge that GC has no obligation to pre-screen Content (including, but not limited to, User Content), although GC reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that GC pre-screens, refuses or removes any Content, you acknowledge that GC will do so for GC’s benefit, not yours.  Without limiting the foregoing, GC shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
3. Storage.  Unless expressly agreed to by GC in writing elsewhere, GC has no obligation to store any of Your Content that you Make Available on GC Properties.  GC has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of GC Properties.  Certain Services may enable you to specify the level at which such Services restrict access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that GC retains the right to create reasonable limits on GC’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by GC in its sole discretion.

2. OWNERSHIP.

1. GC Properties.  Except with respect to Your Content and User Content, you agree that GC and its suppliers own all rights, title and interest in GC Properties (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and GC software).  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any GC Properties.
2. Trademarks. and all related graphics, logos, service marks and trade names used on or in connection with any GC Properties or in connection with the Services are the trademarks of GC and may not be used without permission in connection with your, or any third-party, products or services.  Other trademarks, service marks and trade names that may appear on or in GC Properties are the property of their respective owners.
3. Your Content.  GC does not claim ownership of Your Content.  However, when you as a Registered User post or publish Your Content on or in GC Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.  
4. License to Your Content.  Subject to any applicable account settings that you select, you grant GC a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing GC Properties to you and to our other Registered Users.  Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of GC Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not GC, are responsible for all of Your Content that you Make Available on or in GC Properties.  [Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by GC in its sole discretion.]  You may not post or submit for print services a photograph of another person without that person’s permission.
5. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on GC Properties, you hereby expressly permit GC to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
6. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to GC through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that GC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to GC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of GC Properties and/or GC’s business.
7. Reviews.

1.  We may provide you areas on the Services to leave reviews or ratings related to any of the travel services and products that you access through our Services, such as flights, accommodations, rental cars, packages, experiences or travel insurance (the “Travel Products”) (each, a “Review”). When posting a Review, you must comply with the following criteria: (i) you should have firsthand experience with the entity being reviewed; (ii) your Reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (iii) your Reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (iv) your Reviews should not contain references to illegal activity; (v) you should not be affiliated with competitors if posting negative Reviews; (vi) you should not make any conclusions as to the legality of conduct; (vii) you may not post any false or misleading statements; and (viii) you may not organize a campaign encouraging others to post Reviews, whether positive or negative.
2. The Reviews are not the opinion of GC and have not been verified by GC. Each User should undertake his or her own research to be satisfied concerning any specific Review.  You agree that GC is not liable for such User Content.  GC shall have the right, but not the obligation to monitor or review any Reviews at any time. GC reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that GC is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any Content posted in a Review. GC does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and Reviews.

3. USER CONDUCT.  As a condition of use, you agree not to use GC Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through GC Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without GC’s prior written consent; (v) impersonates any person or entity, including any employee or representative of GC; (vi) interferes with or attempt to interfere with the proper functioning of GC Properties or uses GC Properties in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against GC Properties, including but not limited to violating or attempting to violate any security features of GC Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in GC Properties, introducing viruses, worms, or similar harmful code into GC Properties, or interfering or attempting to interfere with use of GC Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” GC Properties.
4. INVESTIGATIONS.  GC may, but is not obligated to, monitor or review GC Properties and Content at any time.  Without limiting the foregoing, GC shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law.  Although GC does not generally monitor user activity occurring in connection with GC Properties or Content, if GC becomes aware of any possible violations by you of any provision of the Agreement, GC reserves the right to investigate such violations, and GC may, at its sole discretion, immediately terminate your license to use GC Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
5. INTERACTIONS WITH OTHER USERS.

1. User Responsibility.  You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that GC reserves the right, but has no obligation, to intercede in such disputes.  You agree that GC will not be responsible for any liability incurred as the result of such interactions.
2. Content Provided by Other Users.  GC Properties may contain User Content provided by other Registered Users.  GC is not responsible for and does not control User Content.  GC has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content.  You use all User Content and interact with other Registered Users at your own risk.

6. FEES AND PURCHASE TERMS.

1. Fees for Premium Features. Certain features of the Services require premium access (“Premium Features”) and may require payment (the “Fees”).
2. Payment.  You agree to pay all Fees or charges to your Account in accordance with the Fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide GC with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account of a payment provider (“Payment Provider”), or purchase order information, as a condition to signing up for the Services.  Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities.  By providing GC with your credit card number or PayPal account and associated payment information, you agree that GC is authorized to immediately invoice your Account for all Fees and charges due and payable to GC hereunder and that no additional notice or consent is required.  You agree to immediately notify GC of any change in your billing address or the credit card or PayPal account used for payment hereunder. GC reserves the right at any time to change its prices and billing methods, either immediately upon posting on GC Properties or by e-mail delivery to you.

8.6        Taxes.  If at any point in the future, GC begins to charge a Fee for any of its Services (“Fee(s)”) and GC determines it has an obligation to collect Sales Tax from you in connection with this Agreement, GC shall collect such Sales Tax in addition to the Fee(s).  If any Services or products, or payments for any Services, under the Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to GC, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant authority, and you will indemnify GC for any liability or expense GC may incur in connection with such Sales Taxes.  Upon GC’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

3. Free Trials and Other Promotions.  Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial.  At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee.  If you are inadvertently charged for a subscription, please contact GC to have the charges reversed.
4. Advertising Revenue.  GC reserves the right to display Third-Party Ads before, after, or in conjunction with User Content posted on the Services, and you acknowledge and agree that GC has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by GC as a result of such advertising).

7. INDEMNIFICATION.  You agree to indemnify and hold GC, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “GC Party” and collectively, the “GC Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any GC Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations.  GC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GC in asserting any available defenses.  This provision does not require you to indemnify any of the GC Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder.  You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to GC Properties.
8. DISCLAIMER OF WARRANTIES AND CONDITIONS.

1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF GC PROPERTIES IS AT YOUR SOLE RISK, AND GC PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  GC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.  

1. GC PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) GC PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF GC PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF GC PROPERTIES WILL BE ACCURATE OR RELIABLE.
2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH GC PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS GC PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  GC MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GC OR THROUGH GC PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5. FROM TIME TO TIME, GC MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.  SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT GC’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT GC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
3. Travel Products.

1.  GC OFFERS USER THE ABILITY TO SEARCH FOR, SELECT AND BOOK TRAVEL RESERVATIONS WITH OR WITHOUT LEAVING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GC DOES NOT PROVIDE, OWN OR CONTROL ANY OF THE TRAVEL PRODUCTS THAT YOU CAN ACCESS THROUGH OUR SERVICES. THE TRAVEL PRODUCTS ARE OWNED, CONTROLLED OR MADE AVAILABLE BY THIRD PARTIES (THE “TRAVEL PROVIDERS”) EITHER DIRECTLY (E.G., AIRLINE) OR AS AN AGENT (E.G., ONLINE TRAVEL AGENCY). IF YOU BOOK A RESERVATION WITH A TRAVEL PROVIDER, THE CONTRACT FOR THE RESERVATION IS ALWAYS SOLELY BETWEEN YOU AND THE TRAVEL PROVIDER. GC IS NOT (A) THE BUYER OR THE SELLER OF RESERVATION; (B) A PARTY TO THE CONTRACT WITH THE TRAVEL PROVIDER OR RESPONSIBLE FOR THE FULFILMENT OF THAT CONTRACT; OR (C) AN AGENT OF YOU OR THE TRAVEL PROVIDER IN CONNECTION WITH PURCHASE OR SALE. THE TRAVEL PROVIDERS ARE RESPONSIBLE FOR THE TRAVEL PRODUCTS. THE TRAVEL PROVIDER’S TERMS AND PRIVACY POLICIES APPLY TO YOUR BOOKING SO YOU MUST AGREE TO AND UNDERSTAND THOSE TERMS. FURTHERMORE, THE TERMS OF THE ACTUAL TRAVEL PROVIDER (AIRLINE, HOTEL, TOUR OPERATOR, ETC.) APPLY TO YOUR TRAVEL, SO YOU MUST ALSO AGREE TO AND UNDERSTAND THOSE TERMS. YOUR INTERACTION WITH ANY TRAVEL PROVIDER ACCESSED THROUGH OUR SERVICES IS AT YOUR OWN RISK; GC DOES NOT BEAR ANY RESPONSIBILITY SHOULD ANYTHING GO WRONG WITH YOUR BOOKING OR DURING YOUR TRAVEL.
2. GC HOSTS CONTENT, INCLUDING PRICES, MADE AVAILABLE BY OR OBTAINED FROM TRAVEL PROVIDERS. GC IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF SUCH CONTENT. SINCE GC HAS NO CONTROL OVER THE TRAVEL PRODUCTS AND DOES NOT VERIFY THE CONTENT UPLOADED BY THE TRAVEL PROVIDERS, IT IS NOT POSSIBLE FOR US TO GUARANTEE THE PRICES DISPLAYED ON OUR SERVICES. PRICES CHANGE CONSTANTLY AND ADDITIONAL CHARGES (E.G., PAYMENT FEES, SERVICES CHARGES, CHECKED-IN LUGGAGE FEES, LOCAL TAXES AND FEES) MAY APPLY, SO YOU SHOULD ALWAYS CHECK WHETHER THE PRICE ASKED FOR A BOOKING IS THE ONE YOU EXPECTED. SOME TRAVEL PRODUCTS MAY ALSO BE SOLD IN ANOTHER CURRENCY THAN THE ONE PRESET OR CHOSEN BY YOU FOR THE DISPLAY OF THE SEARCH RESULTS. ANY CURRENCY CONVERSION INCLUDED VIA THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS ACCURATE OR REAL-TIME; ACTUAL RATES MAY VARY.
3. TRAVEL PROVIDERS MAY BE BUSINESSES OR CONSUMERS. IF YOU ARE A CONSUMER RESIDENT IN THE UK OR EU, AND THE TRAVEL PROVIDER YOU CONTRACT WITH IS ALSO CONSUMER PLEASE NOTE THAT YOU WILL NOT BE ABLE TO ENFORCE ANY CONSUMER RIGHTS AGAINST THAT SUPPLIER.
4. SOME TRAVEL PRODUCTS OFFERED THROUGH THE SERVICES ARE IN-PERSON EVENTS THAT MAY CARRY INHERENT RISK.  BY PARTICIPATING IN THOSE EVENTS, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME EVENTS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE EVENTS.
5. GC IS NOT A TRAVEL AGENCY AND DOES NOT PROVIDE OR OWN TRANSPORTATION SERVICES, ACCOMMODATIONS, RESTAURANTS, TOURS, ACTIVITIES OR EXPERIENCES. ALTHOUGH GC MAY DISPLAY INFORMATION ABOUT PROPERTIES OWNED BY TRAVEL PROVIDERS AND FACILITATE RESERVATIONS WITH CERTAIN SUPPLIERS ON OR THROUGH SERVICES, SUCH ACTIONS DO NOT IN ANY WAY IMPLY, SUGGEST OR CONSTITUTE GC’S SPONSORSHIP OR APPROVAL OF TRAVEL PROVIDERS, OR ANY AFFILIATION BETWEEN GC AND TRAVEL PROVIDERS. ALTHOUGH USERS MAY RATE AND REVIEW PARTICULAR TRANSPORTATION SERVICES, ACCOMMODATIONS, RESTAURANTS, TOURS, ACTIVITIES OR EXPERIENCES BASED ON THEIR OWN EXPERIENCES, GC DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OR SERVICES OF ANY TRAVEL PROVIDER.
6. WHEN YOU BOOK INTERNATIONAL TRAVEL RESERVATIONS WITH TRAVEL PROVIDERS OR PLAN INTERNATIONAL TRIPS USING THE SERVICES, YOU ARE RESPONSIBLE FOR ENSURING THAT YOU MEET ALL FOREIGN ENTRY REQUIREMENTS AND THAT YOUR TRAVEL DOCUMENTS, INCLUDING PASSPORTS AND VISAS, ARE IN ORDER. FOR PASSPORT AND VISA REQUIREMENTS, PLEASE CONSULT THE RELEVANT EMBASSY OR CONSULATE FOR INFORMATION. BECAUSE REQUIREMENTS MAY CHANGE AT ANY TIME, BE SURE TO CHECK FOR UP-TO-DATE INFORMATION BEFORE BOOKING AND DEPARTURE. GC ACCEPTS NO LIABILITY FOR TRAVELERS WHO ARE REFUSED ENTRY ONTO A FLIGHT OR INTO ANY COUNTRY BECAUSE OF THE TRAVELER’S FAILURE TO CARRY THE TRAVEL DOCUMENTS REQUIRED BY ANY AIRLINE, AUTHORITY OR COUNTRY, INCLUDING COUNTRIES THE TRAVELER MAY JUST BE PASSING THROUGH EN ROUTE TO HIS OR HER DESTINATION. IT IS ALSO YOUR RESPONSIBILITY TO CONSULT YOUR PHYSICIAN FOR CURRENT RECOMMENDATIONS ON INOCULATIONS BEFORE YOU TRAVEL INTERNATIONALLY, AND TO ENSURE THAT YOU MEET ALL HEALTH ENTRY REQUIREMENTS AND FOLLOW ALL MEDICAL GUIDANCE RELATED TO YOUR TRIP.
7. ALTHOUGH MOST TRAVEL, INCLUDING TRAVEL TO INTERNATIONAL DESTINATIONS, IS COMPLETED WITHOUT INCIDENT, TRAVEL TO CERTAIN DESTINATIONS MAY INVOLVE GREATER RISK THAN OTHERS. GC URGES TRAVELERS TO INVESTIGATE AND REVIEW TRAVEL PROHIBITIONS, WARNINGS, ANNOUNCEMENTS AND ADVISORIES ISSUED BY THEIR OWN GOVERNMENTS AND DESTINATION COUNTRY GOVERNMENTS PRIOR TO BOOKING TRAVEL TO INTERNATIONAL DESTINATIONS. FOR EXAMPLE, INFORMATION ON CONDITIONS IN VARIOUS COUNTRIES AND THE LEVEL OF RISK ASSOCIATED WITH TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS IS PROVIDED BY THE UNITED STATES GOVERNMENT AT WWW.STATE.GOV, WWW.TSA.GOV, WWW.DOT.GOV, WWW.FAA.GOV/, WWW.CDC.GOV/, HTTPS://OFAC.TREASURY.GOV/ AND WWW.CUSTOMS.GOV.

4. No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF GC PROPERTIES, INCLUDING TRAVEL PROVIDERS. YOU UNDERSTAND THAT GC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF GC PROPERTIES.  GC MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  GC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH GC PROPERTIES.
5. Third-Party Materials.  AS A PART OF GC PROPERTIES, YOU MAY HAVE ACCESS TO MATERIALS THAT ARE HOSTED BY ANOTHER PARTY.  YOU AGREE THAT IT IS IMPOSSIBLE FOR GC TO MONITOR SUCH MATERIALS AND THAT YOU ACCESS THESE MATERIALS AT YOUR OWN RISK.

9. LIMITATION OF LIABILITY.

1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL GC PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT GC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF GC PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE GC PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH GC PROPERTIES, INCLUDING THE TRAVEL PRODUCTS; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON GC PROPERTIES, INCLUDING TRAVEL PROVIDERS; OR (e) ANY OTHER MATTER RELATED TO GC PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A GC PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GC PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

IF USER RESIDES IN EUROPE THE FOLLOWING ADDITIONAL TERMS APPLY: GC DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY GC’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.

2. Cap on Liability.  TO THE FULLEST EXTENT PROVIDED BY LAW, GC PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO GC BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GC PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GC PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
3. User Content.  EXCEPT FOR GC’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE GC’S PRIVACY POLICY, GC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
4. Exclusion of Damages.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
5. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GC AND YOU.

10. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.  It is GC’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to GC by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on GC Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on GC Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for GC’s Copyright Agent for notice of claims of copyright infringement is as follows: [Include name or title, and physical address of Copyright Agent].
11. MONITORING AND ENFORCEMENT.  GC reserves the right to: (a) remove or refuse to post any of your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the GC Properties or the public, or could create liability for the GC; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the GC Properties; and/or (e) in its/their sole discretion (or in its/their reasonable discretion for consumers resident in the UK or EU) that you are in breach of any provision of this Agreement or of any law or regulation and where GC and/or its corporate affiliates decide to discontinue providing any aspect of the Services.

If GC becomes aware of any possible violations by you of the Agreement, GC reserves the right to investigate such violations.  If, as a result of the investigation, GC believes that criminal activity has occurred, GC reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  GC is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in GC Properties, including Your Content, in GC’s possession in connection with your use of GC Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of GC, its Registered Users or the public, and all enforcement or other government officials, as GC in its sole discretion believes to be necessary or appropriate. 

12. TERM AND TERMINATION.  

1. Term.  The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use GC Properties, unless terminated earlier in accordance with the Agreement.
2. Prior Use.  Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used GC Properties or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any GC Properties, unless earlier terminated in accordance with the Agreement.
3. Termination of Services by GC.  We may terminate and/or suspend the Services, your Account and/or the Agreement for any reason, including in the event you breach any terms herein, or if required to do so by applicable law.
4. Termination of Services by You.  If you want to terminate the Services provided by GC, you may do so by (a) notifying GC at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to GC’s address set forth below.  
5. Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.  GC will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.  All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
6. No Subsequent Registration.  If your registration(s) with, or ability to access, GC Properties or any other GC community, is discontinued by GC due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access GC Properties or any GC community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those GC Properties to which your access has been terminated.  In the event that you violate the immediately preceding sentence, GC reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

13. INTERNATIONAL USERS.  GC Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that GC intends to announce such Services or Content in your country.  GC Properties are controlled and offered by GC from its facilities in the United States of America. GC makes no representations that GC Properties are appropriate or available for use in other locations.  Those who access or use GC Properties from other countries do so at their own volition and are responsible for compliance with local law.
14. DISPUTE RESOLUTION.  Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully.  It requires U.S. users to arbitrate disputes with GC and limits the manner in which you can seek relief from us. If you are not based in the United States, please see Section 18.6 for more information related to dispute resolution.

1. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with GC, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify,; and (b) you or GC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.  
2. Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent 5415 Lawndale St #230101 Houston, Texas 77223.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.  Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and GC.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us. 
4. Waiver of Jury Trial.  YOU AND GC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and GC are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 (Application of Arbitration Agreement) above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.  However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.  
5. Waiver of Class or Other Non-Individualized Relief.  ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York.  All other disputes, claims, or requests for relief shall be arbitrated.  
6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@getawayclub.com within thirty (30) days after first becoming subject to this Arbitration Agreement.  Your notice must include your name and address, your GC username (if any), the email address you used to set up your GC account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7. Severability. Except as provided in Section 16.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with GC.
9. Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if GC makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing GC at the following address: The Getaway Club: 5415 Lawndale St #230101 Houston, Texas 77223, Attn: Legal.

15. THIRD-PARTY SERVICES.

1. External Third-Party Payment Services. Some Services may provide Users with the ability to access, link to (including deep links), or integrate with external payment services that enable Users to send and receive payments outside the GC Website or App (“External Payment Integrations”). These External Payment Integrations are provided on an-is and as available basis by the third-party provider of the underlying payment service, and you agree that GC is in no way responsible or liable for transactions and service provided by a third party linked to from GC’s service. These External Payment Integrations include but are not limited to the following:

1. Venmo. Certain Services may have an External Payment Integrations that provide Users the ability to interact with Venmo via Venmo deep links (the “Venmo Integration”). The Venmo Integration may include deep links to prepopulate some information (email, amount, description) within the Venmo interface. These features can also automatically record payments and their status with information provided by Venmo to GC.
2. PayPal. Certain Services may have an External Payment Integration with PayPal via the PayPal API (the “PayPal Integration”). The PayPal Integration may include deep links to prepopulate some payment information (email address, amounts, notes fields) within the PayPal interface. These features can also automatically record payments and their status via the GC Services with information provided by PayPal to GC via API and or deep link. You agree and guarantee that: (i) you will only use the PayPal payment feature via the PayPal Integration with other PayPal users; (ii) you will only use these features of the PayPal Integration if you are a US resident, using PayPal with other US residents; (iii) you will only send $USD to other US residents, up to a limit of $500 USD per week; (iv) Non-US users using PayPal violates these Terms and may result in Account suspension; (v) you will not use PayPal for money-laundering, and you will report any suspicious activity or parties knowingly engaged in money-laundering to legal@getawayclub.com; (vi) your use complies with all local, state, and federal regulations in your jurisdiction; (vii) that all usage is in compliance with the PayPal Acceptable Usage Policy. You can view the PayPal Acceptable Usage Policy on the PayPal website.
3. Other Payment Services:

2. Third Party Service Provider.  The GC uses a third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a “Third Party Service Provider”).  By buying or selling on any GC Property, you agree to be bound by Third Party Service Provider’s terms and policies related to the transactions.  
3. Third-Party Websites, Applications and Ads. GC Properties may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left GC Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of GC.  GC is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  GC provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
4. App Stores.  You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Agreement is between you and GC and not with the App Store.  GC, not the App Store, is solely responsible for GC Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with GC Properties, including the App.  You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any GC Property, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
5. Accessing and Downloading the App from iTunes.  The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store:

1. You acknowledge and agree that (i) the Agreement is concluded between you and GC only, and not Apple, and (ii) GC, not Apple, is solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of Service.
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App.
3. In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between GC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GC.
4. You and GC acknowledge that, as between GC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. You and GC acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party’s intellectual property rights, as between GC and Apple, GC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
6. You and GC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.
7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.

16. GENERAL PROVISIONS.

1. Electronic Communications.  The communications between you and GC may take place via electronic means, whether you visit GC Properties or send GC e-mails, or whether GC posts notices on GC Properties or communicates with you via e-mail.  For contractual purposes, you (a) consent to receive communications from GC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
2. Release.  You hereby release GC Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of GC Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of GC Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a GC Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website [or any Services provided hereunder].
3. Assignment.  The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without GC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
4. Force Majeure.  GC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. [UK: If a force majeure event occurs that affects GC’s performance of its obligations under the Agreement: (a) GC will contact you as soon as reasonably possible to notify you; and (b) GC’s obligations under the Agreement will be suspended and the time for GC’s performance of its obligations will be extended for the duration of the force majeure event. You may cancel the Services affected by a force majeure event which has continued for more than [●]days. To cancel please contact GC.]
5. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to GC Properties, please contact us at: legal@getawayclub.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
6. Governing Law & Exclusive Venue.  

1. US-Based Users.

1. Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and GC agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, New York.
2. Governing Law.  THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.  

2. International Users.  Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

7. Choice of Language.  It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.  This Agreement, and any contract between us, are only in the English language.  C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
8. Notice.  Where GC requires that you provide an e-mail address, you are responsible for providing GC with your most current e-mail address.  In the event that the last e-mail address you provided to GC is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, GC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to GC at the following address: 5415 Lawndale St #230101 Houston, Texas 77223, Attn: Legal.  Such notice shall be deemed given when received by GC by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
9. Waiver.  Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
10. Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
11. Export Control.  You may not use, export, import, or transfer GC Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained GC Properties, and any other applicable laws.  In particular, but without limitation, GC Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using GC Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use GC Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by GC are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer GC products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
12. Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
13. Entire Agreement.  The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

17. INTERNATIONAL PROVISIONS.  The following provisions shall apply only if you are located in the countries listed below.

1. United Kingdom.  A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
2. Germany.  Notwithstanding anything to the contrary in Section 11 (Limitation of Liability), GC is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).