Conditions of Use
Last updated: January 6th, 2014
Welcome to GoGetLost.com (the “Website”). Go Get Lost LLC and/or its affiliates (“GGL”) provide website features and other products and services to you when you visit or shop at the Website.
When you use the GGL Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Website or through the other GGL services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any GGL Website or service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations, is the property of GGL or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any GGL service is the exclusive property of GGL and protected by U.S. and international copyright laws.
Go Get Lost, GoGetLost.com, Lost in Italy, LostinItaly.com, and other GGL graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GGL service are trademarks or trade dress of Go Get Lost LLC in the U.S. and other countries. GGL’s trademarks and trade dress may not be used in connection with any product or service that is not GGL’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GGL. All other trademarks not owned by GGL that appear in the GGL website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GGL.
License and Site Access
Subject to your compliance with these Conditions of Use, GGL grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the GGL website. This license does not include any resale or commercial use of any GGL website or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any GGL website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by GGL or its licensors, suppliers, rightsholders, or other content providers. No GGL website, nor any part of any GGL service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GGL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GGL without express written consent. You may not use any meta tags or any other “hidden text” utilizing GGL’s name or trademarks without the express written consent of GGL. You may not misuse the GGL website. You may use the GGL website only as permitted by law. The licenses granted by GGL terminate if you do not comply with these Conditions of Use or any Service Terms.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. GGL reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant GGL a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GGL and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GGL for all claims resulting from content you supply. GGL has the right but not the obligation to monitor and edit or remove any activity or content. GGL takes no responsibility and assumes no liability for any content posted by you or any third party.
GGL respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
GGL attempts to be as accurate as possible. However, GGL does not warrant that tour descriptions or other content of any GGL website is accurate, complete, reliable, current, or error-free.
With respect to tours listed on the Websites, we cannot confirm the price of any tour until you order. Despite our best efforts, tours may be mispriced.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. GGL does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE GGL WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GGL WEBSITE ARE PROVIDED BY GGL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GGL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GGL WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GGL WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GGL WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GGL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GGL DOES NOT WARRANT THAT THE GGL WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GGL WEBSITE, GGL’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF GGL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GGL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GGL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GGL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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 MIGHT HAVE ADDITIONAL RIGHTS.
By using any GGL Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GGL.
Any dispute or claim relating in any way to your use of any GGL Website, or to any products or services sold or distributed by GGL or through the Websites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your use of GGL services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Go Get Lost, LLC
3881 Mossy Rock Lane
Evergreen, CO 80439
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GGL’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying GGL that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
GGL’s Copyright Agent for notice of claims of copyright infringement on the Websites can be reached as follows:
Go Get Lost, LLC
3881 Mossy Rock Lane
Evergreen, CO 80439