travel & do good LLC d/b/a co-mads
Package With A Purpose Terms of Service
Date of Last Revision: December 20, 2018
Welcome to http://www.co-mads.com (the “Site”). This Site contains the terms for the Site. This Site is offered by travel & do good LLC d/b/a co-mads (“Co-mads”). For information about Co-mads and its mission, please visit the other applicable parts of this Site.
This Agreement not only governs your use of the Site and Services, but also governs the use of the Site or Services to any person, entity, organization, or otherwise, to which you provide access to use the Site or Services. If you do not wish to agree to be bound by this Agreement, you are not permitted to access the Site or use the Services. If you access the Site or use the Services, this Agreement will apply to you unless Co-mads otherwise agrees in writing that some or all of the terms of this Agreement will not apply to you.
- 3. Services. Co-mads provides you the opportunity to use the Site to explore and book a trip to travel within the U.S. where one explores local culture and meets with non-profit organizations, social enterprises, and local residents to provide volunteer services, subject to this Agreement (the “Services”). Each individual purchase of the Services is referred to herein as the “” Each Trip is described on the Site as a “Listing”.
- Access to the Site and Services.
4.1 Non-Exclusive; Non-Commercial Use. Subject to your acceptance and compliance with this Agreement, Co-mads grants you a non-exclusive, non-transferable, revocable, and limited license to use the Site for your personal non-commercial and private use.
4.2 Eligibility. You may only use the Site or Services if you are allowed by law to enter into a binding contract and you are in compliance with all applicable federal, state, and local laws (and all regulations and rules thereunder). However, under no condition may you use the Site or Services if you are under the age of thirteen (13).
4.3 Passwords/Account. You are responsible for all actions on the Site by you or under your account and for taking all reasonable steps to ensure that no unauthorized persons shall have access to your Site password or account. Without limiting the foregoing: (a) it is your sole responsibility to control the dissemination and use of any login code and password; (b) authorize, monitor, and control access to and use of your Site account and password; and (c) promptly inform Co-mads of any need to deactivate a password. You grant Co-mads and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the Site.
- Pricing and Listing Validity. Prices for Services on the Site are displayed with sales tax and all other taxes and fees included unless stated differently on the Site. Any obvious errors and mistakes (including misprints) in a Listing are not binding to Co-mads. Trip itineraries are indicative only and not guaranteed.
- Registration Fees.
6.1 Nonrefundable deposits. Deposits paid to purchase the Services (the “Purchase Price”) are nonrefundable. A 50% refund of the remaining portion of the Services can be given if cancelled 30 days prior to the departure date. Requests for refund must be made by email, firstname.lastname@example.org
6.2 Inclusions. Included with the Purchase Price are the following:
(a) Accommodations as stated in the description of the Listing;
(b) unless the Listing states otherwise, transportation to and from the airport and all local transportation;
(c) meals as described in the Listing;
(d) a group leader to provide guidance and manage the Trip.
6.3 Exclusions. The Purchase Price does not include the following:
- Visa and passport fees;
- Travel insurance;
- Optional activities and personal expenses; and
- Airfare including, without limitations, airline upgrades, transfers, taxes, and excess baggage charges.
- Cancellation by Co-mads. Co-mads reserves the right to cancel the Services, for any reason, up to 30 days before the Departure Date. Upon such cancellation, you may transfer your payment to an alternate Departure Date or Service or receive a refund of the Purchase Price. Co-mads is not responsible for any incidental costs and expenses you incur in connection with the Services, including, without limitation, airfare, visas, vaccinations, or travel insurance premiums.
- Insurance. Co-mads is not responsible for, nor will Co-mads provide, insurance of any kind to you. You are solely responsible for evaluating and determining the type, extent, and levels of any insurance coverage you need or desire to acquire for your travel period. ALL INSURANCE POLICIES MUST COVER THE ENTIRE SERVICES PERIOD.
- Interactions with Third-Parties. During the course of the Services, you may interact or engage in a relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors, or other third-parties (each a “Third-Party”). Such interactions with Third-Parties are solely between you and the Third-Party. YOU AGREE THAT CO-MADS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD-PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST CO-MADS ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A THIRD-PARTY.
9.1 Release. You hereby release Co-mads, its offers, employees, agents, and successors from claims, demands, any and all losses, damages, rights , and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (a) any interactions with other Co-mads users or Third-Parties or (b) your participation in any volunteer activities arising from or related to your use of the Services.
- Intellectual Property. Unless otherwise specified in writing, all materials that are part of the Site or Services are owned, controlled, or licensed by Co-mads and its licensors and are protected by law from unauthorized use. The entire contents of the Site (including, without limitation, all visual content, audio visual content, text, and the arrangement, sequence, structure, and organization of the Site) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. “Co-mads” and Co-mads logos are trademarks of Co-mads and may not be used without the express written permission of Co-mads. You do not acquire any ownership rights by using the Site or Services or downloading any materials thereof.
- Photo Release. By engaging in the Services, you grant Co-mads permission to use your likeness in a photograph, video, or other digital media (“Photo”) on the Site or in any and all of Co-mads’ publications without payment, consideration, or right to royalties. You agree to assign all right and title to such Photos to Co-mads which will not be returned. Additionally, you authorize Co-mads to edit, alter, copy, exhibit, publish, or distribute the Photos for any lawful purpose and waive your right to inspect or approve the finished product.
- Objectionable Content/Copyright Takedown. In appropriate circumstances, at its sole discretion, Co-mads may remove or disable access to materials, postings or contents on the Site, which are properly reported as, unlawful, illegal, infringing upon the intellectual property (including, copyright) / property rights of others, abusive or otherwise inappropriate.
Similarly, Co-mads may also, at its sole discretion, where properly reported, remove or disable links or references to an on-line location that are reportedly unlawful, illegal, infringing upon the intellectual property (including, copyright) /property rights of others, abusive or otherwise inappropriate.
If you believe that your rights have been violated by any unlawful, illegal, infringing upon the intellectual property (including, copyright)/property rights of others, abusive or otherwise inappropriate postings, activities, links or references on the Site, please notify Co-mads by written notice or by e-mail as follows: email@example.com so we can evaluate the claim and take appropriate action.
- Authority During the Trip. Co-mads’ Trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any person participating in the Trip. If you fail to comply with a decision made by a group leader or interfere with the well-being or mobility of the group, the group leader may direct you to leave the Trip immediately with no right of refund. Co-mads also may elect to refuse to provide you the Services in the future. At all times, you must comply with the laws, customs, foreign exchange, and drug regulations of all countries visited.
- Assumption of Risk. You acknowledge and agree that participation in the Services involves inherent risks and dangers such as accidents, personal injury (including death), and property loss or damage. By purchasing the Services, you agree that you have considered the nature of the risks involved with such Services and voluntarily agree to assume all such risks, both known and unknown, including damages that result from the negligence of others and assume full responsibility for all damages that result from your participation in the Services.
- Disclaimers; Limitations; Waivers of Liability.
15.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES TO TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING; NEITHER CO-MADS NOR ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE OR SERVICES (COLLECTIVELY THE “CO-MADS PARTIES”) WARRANT THAT THE SITE AND SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SITE OR SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
15.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CO-MADS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. THE USE OR MISUSE OF CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICE, WHETHER OR NOT THE CO-MADS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE THE PARTIES INSTEAD AGREE THAT THE CO-MADS PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAT THE GREATER OF THE AMOUT YOU HAVE PAID CO-MADS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED AND ZERO/100 U.S. DOLLARS ($100).
15.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
- Third-Party Claims. You agree to hold harmless the Co-mads Parties from and against all third-party claims and actions brought against the Co-mads parties arising out of your use of the Site or Services or that of any individual you provide access to the Site and/or your breach or alleged breach, or that of any individual you provide access to use the Site or Services, of any term, condition, obligation, representation, or warranty in this Agreement, including by paying all attorneys’ fees and costs to defend such claims and actions and all awards, damages costs, and expenses arising therefrom. You agree that the provisions in the paragraph will survive any termination of the Agreement, the Site, or the Services.
- Governing Law / Waiver of Injunctive Relief
17.1 This Agreement and all aspects of the Site and Services will be governed by and construed in accordance with the internal laws of the United States and the State of New York governing contracts entered into and to be fully performed in the State of New York (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes of claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state courts located in the State of New York, and you hereby consent to, and waive all defenses and lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state courts located in the State of New York.
17.2 To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and Co-mads agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such information negotiations commence upon written notice from one person to the other. You will send your notice with attention to Co-mads at 150 State Street, 4th Floor, Albany, NY 12207.
17.3 If you and Co-mads are unable to resolve a Dispute through informal negotiations within thirty (30) days, either you or Co-mads may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website: www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless required by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Co-mads may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
17.4 You and Co-mads agree that any arbitration will be limited to the Dispute between Co-mads and you individually. To the fullest extent permitted by law: (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
17.5 You and Co-mads agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Co-mads’ intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
18.1 The failure of Co-mads to require or enforce specific performance by you of any provision of this Agreement or to exercise any right under them will not be construed as a waiver or relinquishment of Co-mads’ right to assert or rely upon any such provision or right in that or any other instance.
18.2 You and Co-mads agree that if any portion of this Agreement, except any portion of Section 17.5, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force in effect. If Section 15.5 is found to be illegal or unenforceable then neither you nor Co-mads will elect to arbitrate any Dispute falling within that portion of Section 15.5 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction in the state courts located in the State of New York, Albany County, and you and TropheCase agree to submit to the personal jurisdiction of that Court.
- Miscellaneous. Co-mads operates and controls the Site from its offices in North America. Co-mads makes no representation that the Site or Services are appropriate or available in other locations. The information provided on the Site is not intended for distribution to or used by an person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Co-mads to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all materials obtained from the Site, Co-mads, or any other website or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice form Co-mads if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in Co-mads’ sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without Co-mads’ prior written consent, which may be withheld by Co-mads’ in its sole discretion, and any assignment without such consent shall be deemed null and void. An instance of an assignment in one case shall not constitute a waiver of consent for any other assignment. Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with Co-mads relating to the Site or Services. This Agreement contains the entire understanding between you and Co-mads and supersedes all prior understandings between the parties concerning its subject matter and cannot be changed or modified by you. The section headings used in this Agreement are fore convenience only and will not be given any legal import. Upon Co-mads’ request, you will furnish Co-mads any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Co-mads by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.