The information below provides the disclaimers and privacy policy of RideGuru. This information, available in English only, is covered by the laws and jurisdiction of Commonwealth of Massachusetts, U.S.A.
The route and fare calculations provided on this site are estimates only. The fares are based on the published rates provided by the respective municipalities for travel within city limits. Construction, traffic, weather, recent rate increases and other unforeseeable events may impact or alter the fare. RideGuru does not guarantee the accuracy of the information provided. All warranties are hereby disclaimed and RideGuru denies any and all liability for a user's reliance on the information provided which is provided free of charge and for planning purposes only.
Please see our Privacy Policy page.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Please read these rules (“Official Rules”) before participating in the 2019 RideGuru Uber Giftcard Giveaway (“Giveaway”). Participation in and prize(s) awarded in connection with the Giveaway are governed by these Official Rules. The Giveaway is subject to all applicable laws and regulations and is void where prohibited.
Eligibility The Giveaway is open only to legal residents of the United States who are eighteen (18) years old or older. Employees of RideGuru and its affiliates, or other companies associated with the Giveaway, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
How to Enter An individual referred to the forum as a new forum user by a RideGuru Ambassador who creates a user login and who posts topics or comments on the Guru Forum after the Giveaway commences is automatically entered into the Giveaway (“Entrant”). The Giveaway will end at 11:59 pm on May 31, 2019 (“Giveaway Deadline”).
Other Promotions Please note that RideGuru may be running similar contests or giveaways at the same time as this Giveaway. By entering this Giveaway, Entrants will not be eligible to receive any prize awarded in any other contest or giveaway unless he or she enters each contest or giveaway separately.
Prize The Entrant will receive one point for each net “up vote” received from other users in the forum for a question, topic, answer or other content posted by the Entrant (“Guru Point”). Guru Points are calculated by subtracting the down votes received, if any, from the up votes received. The Entrant can track the number of accumulated Guru Points under his or her user profile.
Posts should have original content that serves the interest of the forum in general and its users. Posts should not be duplicated even if the Entrant created the original post being reposted. The Entrant should refrain from simply posting URLs of other sites, forums or news articles. Such posts will not be eligible for Guru Points. The Entrant is expected to follow proper forum etiquette at all times and be respectful of other users.
Should RideGuru determine, in its sole discretion, that the Entrant is fraudulently posting, fraudulently accumulating Guru Points or otherwise attempting to manipulate or violate these Official Rules or "game the system”, RideGuru reserves the right to deduct Guru Points from the Entrant up to the total amount of accumulated Guru Points.
All Entrants with at least 25 Guru Points by the Giveaway Deadline (“Eligible Entrants”) will be entered in a drawing to win one (1) $200 Uber giftcard. The winner will be determined in a random drawing to be conducted within 7 days of the end of the Giveaway Period. Only one gift card will be awarded. The random drawing will be conducted by a RideGuru representative whose decision will be based upon his or her sole discretion and interpretation of these Official Rules and is final and binding in all respects.
Each prize is nontransferable and cannot be substituted, assigned or redeemed for cash. RideGuru will not replace any lost or stolen prizes. A prize may be taxable as income and each winning Entrant is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his or her income.
RideGuru is not responsible in any case of loss, theft, disappearance or destruction of the prize. RIDEGURU MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRIZE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A PRIZE IS DEFECTIVE, THE WINNING ENTRANT’S SOLE REMEDY AND RIDEGURU’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH PRIZE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Agreement to Official Rules Participation in the Giveaway constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of RideGuru, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. RideGuru may change the terms of, or add new terms to, these Official Rules at any time, with or without notice, subject to applicable law.
Prize Award The winning Entrant will receive the prize via regular first class mail after the close of the Giveaway. We will notify the winning Entrant via e-mail within ten (10) business days following the selection. To claim the prize, the winning Entrant must respond to RideGuru’s notification and include a valid shipping address for delivery of prize. The prize will be awarded 'AS IS' and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Entrants agree that RideGuru’s decisions related to the Giveaway are final.
Odds of Winning Odds of winning depend on the number of eligible Entrants received.
Additional Terms RideGuru may, to the maximum extent permitted by applicable law and in its sole discretion, change these Official Rules or cancel the Giveaway at any time; or modify, terminate, or suspend the Giveaway should viruses, worms, bugs, unauthorized human intervention or other causes beyond its control corrupt or impair the administration, security, fairness or proper play of the Giveaway or submission of posts. RideGuru is not responsible for: (a) lost, misdirected, late, incomplete, or unintelligible posts or for inaccurate information, whether caused by you or by any of the equipment or programming associated with or utilized in the Giveaway, or by any technical or human error that may occur in the processing of posts; (b) any printing or typographical errors in any materials associated with the Giveaway; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, posts, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any post information on account of technical problems or traffic congestion on the Internet or at any website; or (d) injury or damage to your or any other computer resulting from downloading any materials in connection with the Giveaway. RideGuru may, in its sole discretion, disqualify any individual found to be: (a) tampering with the posting process or the operation of the Giveaway or website; (b) acting in violation of these rules; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If your post is incomplete or if you use robotic, automatic, programmed or similar entry methods, your post(s) and associated Guru Points will be void. The authorized subscriber of the e-mail account associated with the account from which a post is made at the actual time of the post will be deemed to be the Entrant and must comply with these rules in the event of a dispute as to posts submitted by multiple users having the same e-mail account. The authorized account subscriber is the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail addresses.
Anyone found to use multiple accounts to enter or otherwise violating the Rules will be ineligible. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, RideGuru reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by RideGuru to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Miscellaneous In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, RideGuru may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules or (b) select a winning Entrant from among the eligible posts received up to the time of the impairment.
If you win a prize, you may not transfer, assign, or redeem the prize for cash. RideGuru may substitute a prize with a prize of equal or greater value if the advertised prize becomes unavailable, as determined by RideGuru in its sole discretion.
Release and Limitations of Liability Except in cases of death or personal injury caused by the sole negligence of RideGuru, by participating in the Giveaway, Entrants agree (for himself or herself and his or her heirs) to release and hold harmless RideGuru, its related companies, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Giveaway or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Disputes Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Massachusetts, U.S.A. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of RideGuru in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts, U.S.A.
Sponsor The Giveaway is sponsored by RideGuru, a division of Unleashed, LLC a corporation duly organized under the laws of the Commonwealth of Massachusetts. The decisions of RideGuru regarding the selection of winners and all other aspects of the Giveaway shall be final and binding in all respects. RideGuru will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Giveaway.
Privacy Notice All information submitted in connection with this Giveaway will be treated in accordance with these Official Rules and RideGuru’s Privacy Notice. By submitting posts, you are agreeing that RideGuru has the right to share them on its website, promotional material, and social networking sites, such as Facebook, Pinterest, and Twitter.
* Uber is a registered trademark of Uber Technologies, Inc.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Please read these rules (“Official Rules”) before entering the 2018 RideGuru Lounge Swag Giveaway (“Giveaway”). Participation in and prizes awarded in connection with the Giveaway are governed by these Official Rules. The Giveaway is subject to all applicable laws and regulations and is void where prohibited.
Eligibility The Giveaway is open only to legal residents of the United States who are eighteen (18) years old or older. Employees of RideGuru and its affiliates, or other companies associated with the Giveaway, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
How to Enter Every individual who has or creates a user login and who posts topics or comments on the Guru Forum after the Giveaway commences is automatically entered into the Giveaway (“Entrant”). The Giveaway will end at 11:59 pm on August 31, 2018 (“Giveaway Deadline”).
Other Promotions Please note that RideGuru may be running similar contests or giveaways at the same time as this Giveaway. By entering this Giveaway, Entrants will not be eligible to receive any prize awarded in any other contest or giveaway unless he or she enters each contest or giveaway separately.
Prize The Entrant will receive one point for each net “up vote” received from other users in the forum for a question, topic, answer or other content posted by the Entrant (”Guru Point”). Guru Points are calculated by subtracting the down votes received, if any, from the up votes received. The Entrant can track the number of accumulated Guru Points under his or her user profile.
Posts should have original content that serves the interest of the forum in general and its users. Posts should not be duplicated even if the Entrant created the original post being reposted. The Entrant should refrain from simply posting URLs of other sites, forums or news articles. Such posts will not be eligible for Guru Points. The Entrant is expected to follow proper forum etiquette at all times and be respectful of other users.
Should RideGuru determine, in its sole discretion, that the Entrant is fraudulently posting, fraudulently accumulating Guru Points or otherwise attempting to manipulate or violate these Terms or "game the system”, RideGuru reserves the right to deduct Guru Points from the Entrant up to the total amount of accumulated Guru Points.
All Entrants with at least 100 Guru Points by the Giveaway Deadline (“Eligible Entrants”) will receive a bag of assorted RideGuru swag. The swag may include one or more of the following: RideGuru t-shirt, RideGuru sunglasses, RideGuru dashboard grip-pads, etc. Other available prizes may include (while supplies last): golf umbrellas, car phone chargers, beanies, personal media players. RideGuru has sole discretion in the selection of swag and may substitute swag of similar value other than those listed herein.
Every time an Entrant posts to the forum, regardless of whether Guru Points are accumulated, the Entrant is entered in a drawing to win one $200.00 Amazon* gift card. The winner will be determined in a random drawing to be conducted within 7 days of the end of the Giveaway Period. Only one gift card will be awarded. The random drawing will be conducted by a RideGuru representative whose decision will be based upon his or her sole discretion and interpretation of these Official Rules and is final and binding in all respects.
Each prize is nontransferable and cannot be substituted, assigned or redeemed for cash. RideGuru will not replace any lost or stolen prizes. A prize may be taxable as income and each prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his or her income.
RideGuru is not responsible in any case of loss, theft, disappearance or destruction of the prize. RIDEGURU MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRIZE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A PRIZE IS DEFECTIVE, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH PRIZE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Agreement to Official Rules Participation in the Giveaway constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of RideGuru, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. RideGuru may change the terms of, or add new terms to, these Official Rules at any time, with or without notice, subject to applicable law.
Prize Award All Eligible Entrants will receive the prize via regular first class mail after the close of the Giveaway. We will notify Eligible Entrants via e-mail within ten (10) business days following the selection. To claim a prize, each Eligible Entrant must respond to RideGuru’s notification and include a valid shipping address for delivery of prize. The prize will be awarded 'AS IS' and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Entrants agree that RideGuru’s decisions related to the Giveaway are final.
Odds of Winning Odds of winning depend on the number of eligible Entrants received.
Additional Terms RideGuru may, to the maximum extent permitted by applicable law and in its sole discretion, change these rules or cancel the Giveaway at any time; or modify, terminate, or suspend the Giveaway should viruses, worms, bugs, unauthorized human intervention or other causes beyond its control corrupt or impair the administration, security, fairness or proper play of the Giveaway or submission of posts. RideGuru is not responsible for: (a) lost, misdirected, late, incomplete, or unintelligible posts or for inaccurate information, whether caused by you or by any of the equipment or programming associated with or utilized in the Giveaway, or by any technical or human error that may occur in the processing of posts; (b) any printing or typographical errors in any materials associated with the Giveaway; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, posts, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any post information on account of technical problems or traffic congestion on the Internet or at any website; or (d) injury or damage to your or any other computer resulting from downloading any materials in connection with the Giveaway. RideGuru may, in its sole discretion, disqualify any individual found to be: (a) tampering with the posting process or the operation of the Giveaway or website; (b) acting in violation of these rules; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If your post is incomplete or if you use robotic, automatic, programmed or similar entry methods, your post(s) and associated Guru Points will be void. The authorized subscriber of the e-mail account associated with the account from which a post is made at the actual time of the post will be deemed to be the Entrant and must comply with these rules in the event of a dispute as to posts submitted by multiple users having the same e-mail account. The authorized account subscriber is the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail addresses.
Anyone found to use multiple accounts to enter or otherwise violating the Rules will be ineligible. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, RideGuru reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by RideGuru to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Miscellaneous In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, RideGuru may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules or (b) select Giveaway Winners from among the eligible posts received up to the time of the impairment.
If you win a prize, you may not transfer, assign, or redeem the prize for cash. RideGuru may substitute a prize with a prize of equal or greater value if the advertised prize becomes unavailable, as determined by RideGuru in its sole discretion.
Release and Limitations of Liability Except in cases of death or personal injury caused by the sole negligence of RideGuru, by participating in the Giveaway, Entrants agree (for himself or herself and his or her heirs) to release and hold harmless RideGuru, its related companies, its officers, directors, employees, and agents (the 'Released Parties') from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Giveaway or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Disputes Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Massachusetts, U.S.A. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of RideGuru in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts, U.S.A.
Sponsor The Giveaway is sponsored by RideGuru, a division of Unleashed, LLC a corporation duly organized under the laws of the Commonwealth of Massachusetts. The decisions of RideGuru regarding the selection of winners and all other aspects of the Giveaway shall be final and binding in all respects. RideGuru will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Giveaway.
Privacy Notice All information submitted in connection with this Giveaway will be treated in accordance with these Official Rules and RideGuru’s Privacy Notice. By submitting posts, you are agreeing that RideGuru has the right to share them on its website, promotional material, and social networking sites, such as Facebook, Pinterest, and Twitter.
* Amazon is a registered trademark of Amazon Technologies, Inc.
Proper forum use:
Only type what you would be willing to say out loud in a crowd.
Respect everyone’s opinions even those you disagree with. If you have a contrary opinion or criticism, be tactful, respectful and constructive.
Provide neutral topics. Elaborate in the post itself.
Try to follow spelling and grammar rules – the more legible a post, the more productive the post. (this includes limiting ALL CAPS, emoticons, slang, etc.)
Review your post before submitting.
Try not to duplicate already existing posts; keep it original.
Post relevant material.
Give credit where credit is due if you’ve borrowed content from another source.
Improper forum use:
Do not do anything illegal.
Do not post vulgar, profane or explicit material.
Do not post hateful, prejudicial, threatening or derogatory material.
Do not post graphic or violent material.
Do not post personally identifying material, yours or others’.
Do not be harassing, insulting or unnecessarily confrontational.
Do not use the forum as a means of excessively advertising your own business or product.
RideGuru reserves the right to remove any content or material which, in its sole opinion, violates these guidelines.
I. INSERTION ORDERS AND LISTING AVAILABILITY
a. From time to time, parties may execute insertion orders ("IO"s) under which Unleashed LLC (“Unleashed”) will deliver advertisements ("Ad(s)") provided by an Advertiser or its Agency (collectively "Advertiser") to the Site for the benefit of Advertiser. An IO will be binding only if accepted as provided in Section I(b) below. Each IO shall specify: (i) the type of listing purchased; (ii) the price for the applicable listing; (iii) the particular location where the Ad is to appear; and (iv) the start date of the campaign.
b. Acceptance of the IO and these Terms and Conditions will be made upon the earlier of (i) written approval of the IO by Unleashed and Advertiser (which, unless otherwise specified, for purposes of these Terms and Conditions shall include paper, fax, or e-mail communication); or (ii) the display of the first Ad by Unleashed on the Site, unless otherwise agreed upon in the IO.
II. AD PLACEMENT AND POSITIONING
a. The placement of an Ad is dependent upon the type of listing selected by the Advertiser (for example, a "Preferred Listing"). The number of listings offered, the placement of the Ads purchased under a particular listing, and the pricing for the various listings is subject to change at Unleashed’s discretion. Unleashed will use reasonable efforts to provide Advertiser at least ten (10) business days prior notification of any changes in the applicable listing price. Should such a modification occur, with or without notice, Advertiser’s sole remedy for change or notice would be to immediately cancel the remainder of the IO without penalty within the 10-day notice period
b. Each Ad must conform to the requirements specified by Unleashed in the IO at the time the listing is purchased.
c. Unleashed will use reasonable efforts to provide Advertiser at least ten (10) business days prior notification of any material changes to the Site that would change the target audience or significantly affect the size or placement of the Ad specified in the affected IO. Should such a modification occur, with or without notice, Advertiser’s sole remedy for change or notice would be to immediately cancel the remainder of the IO without penalty within the 10-day notice period.
d. Advertiser hereby acknowledges that Unleashed does not guarantee any level of impressions or financial and/or business results.
III. PAYMENT
a. Payment. Prior to executing an IO, Advertiser will be required to complete a registration form which will include, among other things, credit card information for billing purposes. Advertiser's credit card will be charged automatically on a month-to-month basis until the campaign is terminated by either party as provided herein. The billing cycle will be based on the calendar month. The first month of the campaign may be prorated depending on the date the advertisement is initially activated.
b. Payment Date. The credit card on file will be billed during the final week of a given month for Ads to be displayed on the Site during the following month. Advertiser agrees to keep its credit card information current and to notify Unleashed immediately of any change(s) in the credit card to be charged. In the event a credit card charge is declined, display of the Ad will automatically be terminated for the following month until valid credit card information is provided and confirmed. In the event valid credit card information is not provided prior to the first of the following month, Advertiser hereby acknowledges that Unleashed may release the listing to another party.
c. Delinquent Payment. If Advertiser fails to make payment, Advertiser will be responsible for all reasonable expenses (including attorneys' fees) incurred by Unleashed in collecting such amounts.
d. Currency. All payments due hereunder are in U.S. dollars and are exclusive of any applicable taxes or currency conversion fees, for which Advertiser shall be responsible. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to Unleashed may be shared by Unleashed with companies who work on Unleashed’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Unleashed and servicing Advertiser's account.
e. Refunds. To the fullest extent permitted by law, refunds (if any) are at the discretion of Unleashed.
IV. CANCELLATION AND TERMINATION
a. Upon the serving of the first impression of the IO, Advertiser may cancel the IO for any reason, without penalty, by providing Unleashed notice of cancellation by the 25th of the month. For clarity and by way of example, written notice of cancellation received by Unleashed by January 25th will result in a cancellation effective February 1.
b. Unleashed may terminate an IO at any time if Advertiser is in material breach of its obligations hereunder that is not cured within ten (10) days after written notice thereof from Unleashed, except as otherwise stated in this Agreement with regard to specific breaches. If Advertiser does not cure a violation of a Policy within the applicable ten (10) day cure period after written notice, then Unleashed may terminate the IO associated with such breach upon written notice.
c. Unleashed reserves the right to deny any requested Ad, paid or unpaid, at its sole discretion. It further reserves the right to reject, suspend, or cancel any advertisement or Advertising Materials under certain conditions including, but not limited to (i) for failure to comply with its generally applicable policies concerning the technical specifications for and content of advertising (which include, but are not limited to, prohibitions on content that contains spyware or malware or refers to or promotes gambling, drinking, sex, or illegal drugs); (ii) if directed to do so by any law enforcement agency, court, or other governmental agency, or (iii) if it determines, in its sole discretion, that the advertisement may subject Unleashed to criminal or civil liability for any reason. The content of any landing page created by or hosted for Advertiser shall be subject to Unleashed’s review and written approval. Unleashed’s remedies under this Section shall be in addition to and not in exclusion of any other remedy set forth in this Agreement.
V. FORCE MAJEURE
a. Excluding payment obligations, neither party will be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes.
b. If Advertiser's ability to transfer funds to third parties has been materially negatively impacted by an event beyond the Advertiser's reasonable control, including, but not limited to, failure of banking clearing systems or a state of emergency, then Advertiser shall make every reasonable effort to make payments on a timely basis to Unleashed, but any delays caused by such condition shall be excused for the duration of such condition. Subject to the foregoing, such excuse for delay shall not in any way relieve Advertiser from any of its obligations as to the amount of money that would have been due and paid without such condition.
c. To the extent that a force majeure has continued for five (5) business days, either party has the right to cancel the remainder of the IO without penalty.
VI. ADVERTISING MATERIALS
a. It is Advertiser's obligation to submit Advertising Materials in accordance with Unleashed’s then existing advertising criteria or specifications (including content limitations, technical specifications, privacy policies, user experience policies, policies regarding consistency with Unleashed’s public image, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the Site on which the Ads are to appear), other editorial or advertising policies, and material due dates) (collectively "Policies"). Advertising Materials must be submitted no later than five (5) business days prior to the start of the campaign ("Delivery Date"). Unleashed shall be relieved of its obligation to display or transmit such Advertiser Materials if Advertiser fails to deliver the Advertiser Materials by the Delivery Date. If Advertising Materials are late, Advertiser is still responsible for the media purchased pursuant to IO.
b. Unleashed reserves the right within its discretion to reject or remove from its Site any Ads where the Advertising Materials or the site to which the Ad is linked do not comply with its Policies, or that in Unleashed’s sole reasonable judgment, do not comply with any applicable law, regulation or other judicial or administrative order. In addition, Unleashed reserves the right within its discretion to reject or remove from its Site any Ads where the Advertising Materials or the site to which the Ad is linked are or may tend to bring disparagement, ridicule, or scorn upon Unleashed or any of its affiliates.
c. If Advertising Materials provided by Advertiser are damaged, lost, not to Unleashed’s specifications, or otherwise unacceptable, Unleashed will use commercially reasonable efforts to notify Advertiser within a reasonable amount of time from its receipt of such Advertising Materials. Advertiser has five (5) business days from the date of notification by Unleashed to cure any such deficiency. Advertiser is still responsible for the media purchased pursuant to IO during the notice and cure periods specified.
d. Unleashed reserves the right to edit, refuse, reject or remove any Advertiser Materials at its discretion at any time.
e. Neither party will use the other’s trade name, trademarks, logos or Ads in a public announcement (including, but not limited to, through any press release) regarding the existence or content of these Terms and Conditions or an IO without the other’s prior written approval.
f. Advertiser is responsible for the selection and accuracy of the Advertising Materials including accurate telephone numbers and/or any URL links. Advertiser hereby acknowledges that Unleashed is not responsible for the maintenance of Advertiser's Website(s) (if any).
g. Advertiser hereby grants to Unleashed a non-exclusive, non-transferable, worldwide, royalty-free license to use, perform, reproduce, display, transmit , and redistribute Advertising Materials during the term of the campaign solely to display Advertising Materials and all contents therein, including Advertiser's trademarks and logos, and links to Advertiser's website in accordance with the obligation under this Agreement.
VII. INDEMNIFICATION
a. Advertiser agrees to defend, indemnify and hold harmless Unleashed, its affiliates and its directors, officers, employees and agents from any and all losses incurred as a result of a Third Party claim, judgment or proceeding relating to or arising out of Advertiser’s breach of Section X, violation of Policies, or the content or subject matter of any Ad or Advertising Materials to the extent used by Unleashed in accordance with these Terms and Conditions or an IO, including but not limited to allegations that such content or subject matter violates the right of a Third Party (including without limitation intellectual property rights), is false, misleading, indecent, illegal, threatening, defamatory or obscene, or violates any law, regulations or other judicial or administrative action.
b. If any action will be brought against Unleashed in respect to any allegation for which indemnity may be sought from the Advertiser, Unleashed will promptly notify Advertiser of any such claim of which it becomes aware and will: (i) provide reasonable cooperation to Advertiser at Advertiser's expense in connection with the defense or settlement of any such claim; and (ii) be entitled to participate at its own expense in the defense of any such claim. Unleashed agrees that Advertiser will have sole and exclusive control over the defense and settlement of any such third party claim. However, Advertiser will not acquiesce to any judgment or enter into any settlement that adversely affects Unleashed’s rights or interests without the prior written consent of Unleashed.
VIII. LIMITATION OF LIABILITY
a. In no event will Unleashed be liable for, or will Advertiser be entitled to a refund for, any downtime of the Site.
b. In no event will Unleashed be liable for any consequential, indirect, incidental, punitive, special or exemplary damages whatsoever whether foreseeable or unforeseeable, based on claims of Advertiser, its appointees or its or their customers (including, but not limited to, claims for loss of profits, business interruption, loss of information, loss of goodwill, loss or corruption of date, use of or reliance on the services provided hereunder, stoppage of other work or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, tort (including without limitation negligence), strict liability in tort or any other legal theory even if advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. In no event will the aggregate liability that Unleashed may incur in any action or proceeding exceed the great of the total amount actually paid to Unleashed by Advertiser during the preceding year or $200. The limitations, exclusions and disclaimers set forth in this section will not apply only if and to the extent that the law or a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers.
c. If Unleashed fails to publish Advertising Materials in accordance with the schedule provided in the IO or in the event of any other failure, technical or otherwise of such Advertising Materials to appear as provided in the IO, the sole liability of Unleashed, if any, and exclusive remedy of Advertiser shall be limited to, at Unleashed’s sole discretion, placement of mutually agreeable substitute Advertising Materials at a later time in a comparable position or a pro rata refund of pre-paid advertising fees.
d. Unleashed will make reasonable efforts to timely update the Ad to reflect changes requested by the Advertiser. However, Unleashed makes no guarantee regarding the timing of any such updates and is not liable for any period of time during which the Ad reflects information previously provided by the Advertiser which, through no fault of Unleashed, has become inaccurate.
e. To the fullest extent permitted by law, UNLEASHED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.
IX. NON-DISCLOSURE, DATA OWNERSHIP, PRIVACY AND LAWS
a. Any marked confidential information and proprietary data provided by one party, including the Ad description, and the pricing of the Ad, set forth in the IO, shall be deemed “Confidential Information” of the disclosing party. Confidential Information shall also include information provided by one party, which under the circumstances surrounding the disclosure would be reasonably deemed confidential or proprietary. Confidential Information shall not be released by the receiving party to anyone except an employee, or agent who has a need to know same, and who is bound by confidentiality obligations. Neither party will use any portion of Confidential Information provided by the other party hereunder for any purpose other than those provided for under this Agreement.
b. Notwithstanding anything contained herein to the contrary, the term “Confidential Information” shall not include information which: (i) was previously known to a party; (ii) was or becomes generally available to the public through no fault of the receiving party (“Recipient”); (iii) was rightfully in Recipient’s possession free of any obligation of confidence at, or subsequent to, the time it was communicated to Recipient by the disclosing party (“Discloser”); (iv) was developed by employees or agents of Recipient independently of and without reference to any information communicated to Recipient by Discloser; or (v) was communicated by Discloser to an unaffiliated third party free of any obligation of confidence. Notwithstanding the foregoing, either party may disclose Confidential Information in response to a valid order by a court or other governmental body, as otherwise required by law or the rules of any applicable securities exchange or as necessary to establish the rights of either party under this Agreement; provided, however, that both parties will stipulate to any orders necessary to protect said information from public disclosure.
c. All personally identifiable information provided by individual web users who are informed that such information is being gathered solely on behalf of Advertiser pursuant to the Advertiser’s posted privacy policy is the property of Advertiser, is subject to the Advertiser's posted privacy policy, and is considered Confidential Information. Advertiser agrees to comply with the General Data Protection Regulation (“GDPR”). Any other use of such information must be set forth in the IO signed by both parties.
d. Unleashed and Advertiser shall post on their respective Web sites their privacy policies and adhere to their privacy policies, which abide by the applicable laws. Failure by either party to continue to post a privacy policy or nonadherence to its own privacy policy is grounds for immediate cancellation of the IO by the other party.
e. Both parties at all times will comply with all applicable federal, state and local law, ordinances, regulations and codes which are relevant to their performance of their respective obligations under this Agreement.
X. MISCELLANEOUS
a. Advertiser represents and warrants that Advertiser has all necessary licenses and clearances to use the content contained in its Ads and Advertising Materials and that it holds all rights needed to permit the use, reproduction, display, transmission and distribution of the Advertising Materials.
b. Advertiser may not resell, assign or transfer any of its rights or obligations hereunder, and any attempt to resell, assign or transfer such rights or obligations without Unleashed’s prior written approval will be null and void. All terms and provisions of these Terms and Conditions and each IO will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors and assigns.
c. These Terms and Conditions and the related IO constitute the entire agreement of the parties with respect to the subject matter and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the subject matter of the IO. The IO may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same document.
d. In the event of any inconsistency between the terms of an IO and these Terms and Conditions, the terms of the IO shall prevail. All IOs shall be governed by the laws of the Commonwealth of Massachusetts. Unleashed and Advertiser agree that any claims, legal proceeding or litigation arising in connection with the IO (including these Terms and Conditions) will be brought solely in Middlesex County, Massachusetts, and the parties consent to the jurisdiction of such courts. No modification of these Terms and Conditions or any IO shall be binding unless in writing and agreed to by both parties. All rights and remedies hereunder are cumulative.
e. Any notice required to be delivered hereunder shall be deemed delivered three (3) days after deposit in U.S. mail, return receipt requested, if sent domestically or five (5) days after deposit with the applicable mail carrier service if sent internationally, one (1) business day if sent by overnight courier service, and immediately if sent electronically or by fax. All notices to Unleashed and Advertiser shall be sent to the address specified in the IO.
f. Sections III, VII, VIII, IX, and X shall survive termination or expiration of this Agreement. In addition, each party shall return or destroy the other party’s Confidential Information and remove Advertising Materials and Ad tags upon the termination or expiration of this Agreement.
g. Advertiser and its agency, if applicable, shall be jointly and severably liable under the terms of this Agreement and the IO.
h. A waiver of any default of this Agreement is not a waiver of any subsequent default.
i. In the event any provision of this Agreement is found unenforceable, said provision will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect.
j. Unleashed may modify these terms at any time without liability and Advertiser's ongoing participation in the campaign after notice that these terms have changed constitutes Advertiser's acceptance of the new Terms.
DISCLAIMER
The route and fare calculations provided on this site are estimates only. The fares are based on the published rates provided by the respective municipalities for travel within city limits. Construction, traffic, weather, recent rate increases and other unforeseeable events may impact or alter the fare. TaxiFareFinder does not guarantee the accuracy of the information provided. All warranties are hereby disclaimed and TaxiFareFinder denies any and all liability for a user's reliance on the information provided which is provided free of charge and for planning purposes only.
Full disclaimer at http://www.taxifarefinder.com/disclaimer.php
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