Twin America, LLC (d/b/a "CitySightseeing New York")
AGREEMENT REGARDING USE OF CITYSIGHTSEEING NEW YORK SERVICES AND WEB SITE(S)
Please review the following terms and conditions carefully.
This Agreement Regarding Use of CitySightseeing New York's Services and Web Site(s) is a legally binding contract between you ("You" or "Your") and Twin America, LLC d/b/a CitySightseeing New York, including its affiliated companies (collectively, "CitySightseeing New York," "We," "Us" or "Our") regarding Your visit to and use of CitySightseeing New York’s web sites (the "Site(s)") and Your use of the various products and services that can be purchased on the Sites or are otherwise referenced on the Site(s).
Among other things, this Agreement includes an Alternative Dispute Resolution ("ADR") Requirement that applies to any and all disputes and claims (including any legal disputes and claims) that may arise between You and Us. By accessing the Site(s), You indicate Your acknowledgment and acceptance of this Agreement, including the ADR Requirement. Without limiting the foregoing, You acknowledge and agree that the use of the Site(s) is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation the ADR Requirement.
Permitted Use of the Site(s)
By using the Site(s), You agree at all times to use the Site(s) lawfully consistent with this Agreement.
In order to purchase the products and services using the payment method displayed on the Site(s), you must be 18 years of age or over. By using the Site(s), You confirm that You possess the legal authority to enter into the conditions of use for the Site(s), including instructing CitySightseeing New York to collect any payments from a credit or debit card, and to use the Site(s) in accordance with all terms and conditions. You confirm that all information supplied by You in using the Site(s) is true and accurate.
Certain portions of the Site(s) may be protected by passwords or require a login. If You have been given a password or other PIN for access to non-public areas of the Site(s), You are solely responsible for all activities occurring in connection with or originating from such password on PIN. You should take steps to protect the confidentiality of such password or PIN and notify CitySightseeing New York immediately if You become aware of any disclosure, loss, theft or unauthorized use.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties
The Site may leverage Google Analytics, and similar analytics and/or internet-based advertising tools through cookies. You can learn more about how Google uses data when you use their partners' sites or apps here:https://www.google.com/policies/privacy/partners/. The Site may use the following features in conjunction with Google Analytics: Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting.
Credit Card Payments
All payment transactions are handled by CitySightseeing New York. Your credit/debit card and related personal details are collected by CitySightseeing New York in order to process your order.
You agree that You are responsible for all charges incurred by Your use of the Site(s), including all bookings. You expressly authorize CitySightseeing New York to charge the credit card provided by You or listed on Your account for any outstanding fees or costs due to CitySightseeing New York. If the credit/debit card holder for bookings is not You, it will be Your responsibility to ensure that You have the card holder's consent before entering any related details, and that such details when entered are true.
Improper Use of the Site(s)
You shall not attempt to gain access to the Site(s) through any means not intentionally made available by Us for Your specific use. You shall not interfere with or disrupt the Site(s) or servers or networks connected to the Site(s). You shall not upload onto the Site(s), or otherwise use the Site(s) or any products or services provided by Us for, any destructive or unlawful purposes including, but not limited to, the dissemination of any information or material, including without limitation: computer viruses; advertising or promotional material; solicitations; libelous or inflammatory materials; pornographic or obscene information; invasion of privacy or collection or use of other users’ data; stalking or harassment; abuse; tortious conduct; hateful or racially, ethnically or otherwise objectionable material; or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You shall not download any portion of the operating software for the Site(s) or otherwise control its operation. You shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site(s) or any products or services referenced on the Site(s). IMPROPER USE OF THE SITE(S) OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED ON THE SITE(S) MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
All trademarks and service marks used on the Site(s) belong to CitySightseeing New York, except third party trademarks and services marks, which are the property of their respective owners. You are not authorized to use any such trademarks without CitySightseeing New York's or their respective owners' prior written consent.
All information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials, whether publicly posted or privately transmitted, are the exclusive property of CitySightseeing New York or its third party licensors, and are protected by international copyright laws and other intellectual property rights. You may download or print individual pages of the Site(s) for Your personal use; provided that You do not modify or delete any of copyright and other proprietary notices on those pages.
This information published on the Site(s), including links to other sites, is provided as a convenience to visitors and should be used for information purposes only. While We use all reasonable efforts to ensure that the information contained on the Site(s) is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information, or as to the reliability, accuracy or completeness of information on linked sites. We are not liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the Site(s). THE INFORMATION ON THE SITE(S) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY. UNDER NO CIRCUMSTANCES WILL CITYSIGHTSEEING New York BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE(S). YOU AGREE THAT CITYSIGHTSEEING New York AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OR PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE DELAY OR INABILITY TO USE THE SITE(S) OR ANY OF THE PRODUCTS, SERVICES OR LINKS OFFERED ON THE SITE(S), EVEN IF CITYSIGHTSEEING New York IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Availability of Site(s)
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site(s) or any products or services offered on the Site(s) without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension, discontinuance or unavailability of the Site(s) or any products or services offered on the Site(s).
All sightseeing tickets, packages and tours are non-refundable. Valid 1 year from the date of purchase.
Modifications to the Content and Product Offerings on the Site(s)
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspects of the Site(s) or the content or the products or services available through the Site(s) without prior notice. However, We will honor any existing bookings or provide a refund in the event of unavoidable cancellations.
Promotion of Services
The purpose of the Site(s) is to solely advertise and promote consumer services provided by CitySightseeing New York. Nothing in the Site(s), including any statements regarding CitySightseeing New York’s expectations or beliefs, constitutes a solicitation to buy stock or securities, and no statement or information included in the Site(s) is intended as a prediction of CitySight NY’s future profitability or business results, or should be construed as such a prediction.
Indemnification For Claims Relating to Your Use of the Site(s)
As a condition of Your permitted use of the Site(s), You agree to indemnify and hold CitySightseeing New York and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information that You submit, post to or transmit through the Site(s), Your use of or connection to the Site(s), Your violation of this Agreement, or Your violation of any rights of a third party.
Lost or Stolen Property
We shall not be responsible for any lost or stolen property, regardless of whether property is lost or stolen in connection with Your use of the Site(s) or any other service provided by CitySightseeing New York.
Alternative Dispute Resolution ("ADR") Requirement
(a) By using the Site(s) and any services obtained through the Site(s), including the purchase or use of tickets, You and CitySightseeing New York agree to resolve any and all disputes and claims (all disputes and claims are referred to below as "Claims") that may arise between us in individual binding arbitration, as enforceable under Section 2 of the United States Federal Arbitration Act (the "ADR Requirement"). Except as stated in paragraph (e) below, this ADR Requirement applies to every aspect of the relationship between You and CitySightseeing New York, including any Claims that either of us may have in contract, tort, or under any other legal theory, and including without limitation Claims for personal injury, property damage, or any other kind of damage, loss or wrong. By agreeing to arbitration, You and CitySightseeing New York are giving up the right to sue one another in court and to have a trial before a judge or jury.
(b) It is an essential term of this ADR Requirement that both You and CitySightseeing New York may seek remedies only for their own individual Claims, that neither you nor CitySightseeing New York shall have any right or option to have any Claim heard as a class action or in any other proceeding in which either of You or CitySightseeing New York acts or proposes to act in a representative capacity, and that no arbitration shall be combined with another arbitration or other proceeding without the prior written consent from both you and CitySightseeing New York. This limitation is called a "class action waiver." Because the class action waiver is an essential part of this ADR Requirement, this requirement shall be null and void with respect to any Claim with for which the class action waiver is limited or determined to be unenforceable, and such Claim may only be brought in court.
(c) You and CitySightseeing New York agree that the substantive law for deciding all Claims between us shall be the law of the State of New York, without regard to New York’s choice of law rules. You further agree that the statute of limitations for any Claim You may have against CitySightseeing New York, or that CitySightseeing New York may have against You, shall be one year; in other words, if You have any Claim against CitySightseeing New York, You must assert it in arbitration within one year from the date the claim arose, and any Claims not brought within such period of time shall be deemed waived. The same time limitation applies to any Claim CitySightseeing New York may have against You.
(d) You and CitySightseeing New York agree that any arbitration shall be conducted before the American Arbitration Association (the "AAA") (using the AAA’s Supplementary Procedures for Consumer-Related Disputes and the AAA’s Commercial Arbitration Rules Expedited Procedures, if applicable), in English, at a location in New York County (Manhattan), New York State, United States of America. A copy of the AAA’s arbitration rules, including directions for filing a request for arbitration, is available through the AAA at 1633 Broadway, 10th floor, New York, NY 10019 (phone: 1-800-778-7879), or on line at <www.adr.org>.
(e) Notwithstanding any other terms of this ADR Requirement, You and CitySightseeing New York agree that either of us may litigate any Claim in the small claims court of New York County (Manhattan), New York, if the Claim meets all requirements to be heard in that court, but if such a Claim is transferred, removed or appealed to a different court, you and CitySightseeing New York will each have the right to require that the Claim be arbitrated pursuant to this agreement.
(f) You and CitySightseeing New York agree that, if either you or CitySightseeing New York commence an arbitration against the other, arbitration costs, including compensation for the arbitrator(s), shall be split between us according to AAA rules. Additionally, the prevailing party in any arbitration proceeding commenced pursuant to this ADR Requirement shall be entitled to be reimbursed for its reasonable attorneys’ fees.
(g) If You do not agree to resolve all Claims between us as required by this Alternative Dispute Resolution Requirement, You may return your ticket prior to using it (or cancel an online purchase), and provide CitySightseeing New York with a statement that you do not agree to be bound by this ADR Requirement, and CitySightseeing New York will refund the price of your ticket or cancel your online purchase. Notwithstanding the foregoing, this ADR Requirement will be effective for any and all other Claims relating in any way to the use of the Site(s).
We hope that You find the Site(s) to be useful and easy to use. If You have any questions, comments or suggestions, please contact CitySightseeing New York. See the "Contact Us" page of the Site(s) for details.
Failure or delay by Us to enforce an obligation or exercise a right under these terms and conditions does not constitute a waiver of that obligation or right. CitySightseeing New York reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site(s).
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
CitySightseeing New York reserves the right to modify the terms of this Agreement at any time in its sole discretion by posting a change notice to this page.