In these Terms of Use (“Terms”), “we”, “us”, “our” and “Rendez” refer to Rendez LLC., and “you” and “your” refers to you, the user of Our Application. By accessing our "RendezPoint" Application, whether on mobile phone or tablet or on a webpage, or any other feature (collectively, “Our Application”), you agree to be bound by these terms and conditions (“Terms”). If you do not accept all of these Terms, then you may not use Our Application.
We may modify these Terms for any reason at any time by posting a new version on Our Application and/or on the website that lists these Terms; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Application following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Application in any way, your only recourse is to immediately terminate the use of Our Application.
We do not provide, own or control any travel services and products and we do not bear any responsibility should anything go wrong with your booking or during your travel, even if caused by the Application.
We, along with our corporate affiliates, and other licensors, own all of the text, images, software, trademarks, service marks, and other material contained in Our Application except User Content. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark, and other proprietary rights notices presented on Our Application must appear on all copies you print. Other non-Rendez products, services, or company designations on Our Application belong to those respective third parties and may be mentioned in Our Application for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Application does not grant you any license or right to use any of the marks included on Our Application.
You may only use and register to become a user of Our Application if you are of sufficient legal age and can enter into binding contracts; however, children of all ages may use the Application if enabled or approved by a parent or legal guardian. If you become a registered user, you are responsible for maintaining the secrecy of your passwords, login, and any other relevant account-specific information. You will be responsible for all use of Our Application by you, anyone using your password and login information, or other account access protocols (with or without your permission), and anyone whom you allow to access your account-related information. All information that you provide to us must be accurate and up to date. If you have reason to believe that your account is no longer secure (e.g., loss, theft, or unauthorized disclosure or use of your information or mobile device used to access Our Application), you must, as appropriate, promptly change your Personal information that is affected and/or take other steps to secure your account.
By using Our Application, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission from us:
(i)
Access the site with any manual or automated process for any purpose other than your personal use. Use of any automated system or software to extract data from Our Application (e.g., “screen scraping”), for commercial or non-commercial purposes, is prohibited;
(ii)
Violate the restrictions in any robot exclusion headers on Our Application or bypass or circumvent other measures employed to prevent or limit access to Our Application;
(iii)
Deep-link to any portion of Our Application for any purpose;
(iv)
Use any device, software, or routine that interferes or attempts to interfere with the normal operation of Our Application or take any action that imposes an unreasonable load on Our Application or network equipment;
(v)
Reproduce, duplicate, copy, sell, trade, resell or exploit Our Application;
(vi)
Use Our Application, or any feature of Our Application for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as solely determined by us;
(vii)
Post or distribute any material on Our Application that violates the rights (IP or otherwise) of any third party or applicable law;
(viii)
Use Our Application to collect or store personal data about others, other than in those instances and capacities allowed in, and provided for, in the Application, and in all instances in compliance with applicable law;
(ix)
Use Our Application for any commercial purpose; or
(x)
Transmit any ad or promotional materials on Our Application.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Application. Furthermore, you can always delete your account.
You further agree not to:
(a)
Circumvent, disable or otherwise interfere with security-related features of Our Application or features that prevent or restrict the use or copying of any content or enforce limitations on the use of Our Application or any content on the Application;
(b)
Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
(c)
Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance, or regulation;
(d)
Provide false or deceptive information;
(e)
Solicit personal information from anyone;
(f)
Delete, add or otherwise change other people's User Content;
(g)
Remove or alter any copyright or other proprietary notices on or in connection with any content on the Application;
(h)
Publicly disparage anyone or any User Content;
(i)
Publish or post threats of violence or promote or encourage others to engage in violence or illegal activity.
Please report abusive content to help@rendez.ai if you see it. Write “abusive content” in the Subject Line.
If you believe any of the content on Our Application violates your copyright, please notify us.
Our Application, all content, and services provided on Our Application are provided on an “as is” and “as available” basis. Rendez expressly disclaims-to the fullest extent permissible-all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses, trojan horse, or other malware or malicious code that may affect you or your information as the result of your access to Our Application, or (b) any injury; death; loss; claim; an act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including-without limitation-lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with any use of Our Application or our content. To the fullest extent permitted by law, our liability to you will not exceed one United States dollar ($1.00).
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees, and agents harmless from and against any claim, cause of action, liability, expense, loss, or demand, including-without limitation-reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference (inclusive of our Privacy Policy), your breach of any applicable law, and your use of or access to Our Application or the Intellectual Property.
You agree that by accepting the Terms, you and Rendez are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES RENDEZ OR YOU HAVE RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH RENDEZ (INCLUDING-WITHOUT LIMITATION-WITH RESPECT TO DATA, YOUR INTERACTION WITH RENDEZ, THE “RENDEZPOINT” APP, RENDEZ'S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES RENDEZ SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN THE COMMONWEALTH OF MASSACHUSETTS, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY RENDEZ INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR RENDEZ'S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW. If you intend to seek arbitration, you must first send to Rendez, by certified mail, a written Notice of Dispute (“Notice”). The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and Rendez cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and Rendez agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding. Unless unlawful, Rendez will pay its (and you will pay your) lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all Claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST RENDEZ IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND RENDEZ FOR ANY AND ALL DISPUTES YOU OR RENDEZ HAS RELATING IN ANY WAY TO THE APPLICATION OR YOUR RELATIONSHIP WITH THE RENDEZ.
Our Application may contain links to other Applications that we do not operate or control and for which we are not responsible (“Other Applications”). We provide these links for your reference and convenience and do not endorse the contents of Other Applications and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Applications before you use them. You agree not to create a link from any Application, including any Application controlled by you, to Our Application.
You are solely responsible for the travel information and other content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through Our Application (collectively, the “User Content”), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content, and you understand that the User Content may be publicly displayed. By posting User Content to the Application, you represent that: (i) you are the owner of the User Content; or (ii) you have the right and license to use the User Content; or (iii) the User Content is in the public domain; or (iv) to your knowledge, no one else claims ownership of, or exclusive rights to, the User Content; and (v) you have the legal right to grant a license to us to use the User Content. When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on Our Applications. By providing us with User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, nondisclosure rights, or any intellectual property rights. You may remove your User Content from the Application, but the license that you have granted will remain in effect.
You understand that we do not control the User Content and will not be, in any way, responsible or liable for such User Content. We take no responsibility for any User Content posted, stored, uploaded, distributed, transmitted, or otherwise published by any User, including yours, on Our Application. We assume no liability for any loss or damage to User Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity User may encounter when viewing User Content. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have the sole and absolute discretion to remove, edit, or screen, without notice, any such User Content from Our Application at any time and for any reason, including, but not limited to when we believe in good faith that such User Content is in breach of these Terms or otherwise believe the removal may be reasonably necessary to safeguard our rights or the rights of Users or to mitigate any risk of harm or liability to us or any User.
Further, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content on Our Application that:
(i)
Is unlawful, harmful, inappropriate, false, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, promoting of harassment of a third party, threatening, in violation of privacy or publicity rights, abusive, inflammatory, offensive to the online community (such as, without limitation, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual), fraudulent or otherwise objectionable;
(ii)
Would constitute, promote, encourage, provide instructions for, or enable the conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any third party in any country of the world, or that would create liability or violate any local, state, national or international law, such as, without limitation, providing instructions or guides about attending or participating in illegal actives such as human trafficking or creating computer viruses;
(iii)
May infringe any patent, trademark, trade secret, copyright, proprietary right, or any other intellectual property right of any party;
(iv)
Constitutes mass mailings, “spamming” junk mail, pyramid schemes, or chain letters;
(v)
Impersonates any person or entity or misrepresents your affiliation with any person or entity;
(vi)
Is private information of any third party, including but not limited to, Social Security numbers, passwords, credit card numbers, addresses, email addresses, phone numbers, and any other information that enables a User to readily identify any third party;
(vii)
Contains restricted or hidden content;
(viii)
Includes or facilitates viruses, corrupt data, or other harmful, destructive, or disruptive files;
(ix)
Is unrelated to the topic or intended use of the area on Our Application, in our sole discretion; or
(x)
In our sole discretion, restricts any other person from using or enjoying Our Application.
We may change our Application and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of Our Application constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by canceling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, inclusive of the Privacy Policy, make up the entire agreement between us relating to your use of Our Application and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Application.
To the fullest extent permitted by law, the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Application or these Terms, or our services, you agree to file such action only in the state and federal courts located in Massachusetts. To the extent permitted by law, you agree that any disputes, claims, and causes of action arising out of or connected with Our Application and/or these Terms, will be resolved individually, without resorting to any form of class action.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Rendez products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your feedback. Any and all rights to materials submitted to us become the exclusive property of Rendez. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non- exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.