Terms & Privacy

ETMA, Inc. (hereinafter referred to as “PlacePass”, “we”, “us” or “our”) operates a travel platform and community that helps people discover, review and book unique experiences and activities around the world, whether through our mobile applications, websites, and other online products and services (collectively, the “Services”).

This Privacy Policy has been compiled to inform you about how we treat Personal Information that we process about you. If you do not agree to any part of this Privacy Policy, then we cannot provide the Services to you, and you should stop accessing the Services and deactivate your PlacePass account.

Types of information PlacePass gathers about its users

1. Information you provide to us

We receive, store and process information that you make available to us when accessing or using our Services and Services. Examples include when you:

  1. fill in any form on the Services, such as when you register or update the details of your user account, or when you supply other information;
  2. access or use the Services, such as to search for activities and, post comments or reviews, or communicate with other users;
  3. link your account on a third party site (e.g. Facebook) to your PlacePass account, in which case we will obtain the Personal Information that you have provided to the third party site, to the extent allowed by your settings with the third party site and authorized by you; and
  4. communicate with PlacePass.

2. Mobile Data

When you use certain features of the Services, in particular our mobile applications, we may receive, store, and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services or specific features of the Services). If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.

3. Log Data

We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Services, regardless of whether you are registered with PlacePass or logged in to your PlacePass account, such as your IP Address, the date and time you access or use the Services, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.

4. Cookies and other Tracking Technologies

PlacePass uses cookies and other similar technologies, such as mobile application identifiers, on the Services. We may also allow our business partners to use their cookies and other tracking technologies on the Services. As a result, when you access or use the Services, you will provide or make available certain information to us and to our business partners.

While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for PlacePass services on third party Servicess such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.

We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Services for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Services and pay for your activities on the Services. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Services to market and advertise our services to you on the Services and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Services and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative (www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the Services – it just will not be tailored to your interests.

Third parties may not collect information about users’ online activities on the Services except as described in this policy and our Cookie Policy.

5. Third-party social plugins

Our Services may use social plugins which are provided and operated by third-party companies, such as Facebook’s Like Button.

As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Services. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our Services to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party. Please refer to the third party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the third party uses such data.

How PlacePass uses and processes the information that you provide or make available

We use, store and process Information about you for the following general purposes:

  1. to enable you to access and use the Services;
  2. to operate, protect, improve and optimize the Services, PlacePass’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and for advertising and marketing;
  3. to help create and maintain a trusted and safer environment on the Services and Services, such as fraud detection and prevention, conducting investigations and risk assessments, verifying any identifications provided by you;
  4. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  5. where we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information about PlacePass or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications by emailing unsubscribe@placepass.com;
  6. to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by PlacePass or our business partners; and
  7. to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

How PlacePass uses and processes user communications

We may, either directly or through third party companies and individuals we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Services for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, the Services may scan and analyze messages to mask contact information and references to other websites. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending third party marketing messages to you. We will also not sell these reviews or analyses of communications to third parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Services, you consent that PlacePass, in its sole discretion, may, either directly or through third party companies and individuals we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.

When PlacePass discloses or shares personal information, and to whom

IMPORTANT: When you use the Services, your data may be sent to the United States and possibly other countries

We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area (“EEA”) including the United States. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

We may share your personal information with our corporate affiliates and with third parties for our legitimate business purposes as permitted by law. If you book through the Services, we may share your personal information with the partners and travel vendors you have booked with. These third parties will process your personal information in accordance with their own privacy policies.

Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Services to other users for marketing purposes or to the extent necessary to operate and manage referral and rewards programs.

You may link your account on a third party social networking site to your PlacePass account. We refer to a person’s contacts on these third party sites as “Friends”. When you create this linkage:

  • some of the information you provide to us from the linking of your accounts may be published on your PlacePass account profile;
  • your activities on the Services may be displayed to your Friends on the Services and/or that third party site;
  • other PlacePass users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
  • other PlacePass users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s); and
  • the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes.

The publication and display of information that you provide to PlacePass through this linkage is subject to your settings and authorizations on the Services and the third party site.

We may distribute parts of the Services for display on sites operated by PlacePass’s business partners and affiliates, using technologies such as HTML widgets.

We may allow our related entities such as our subsidiaries, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy.

We may also engage third party companies and individuals, who may be located outside of the EEA, to provide services to us, including but not limited to technology services and services to help verify your identification, to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, and to facilitate the payments or reimbursements you request (such as Braintree, PayPal, and American Express). We may provide Personal Information about you to these third parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. We will ensure that such third parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
You acknowledge, consent, and agree that PlacePass may access, preserve, and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against PlacePass; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Service, (www.placepass.com/termsofservice ) and this Privacy Policy; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of PlacePass, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:

  • providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
  • based on information supplied by law enforcement, we, in our sole discretion, believe: (a) that providing notice could create a risk of injury or death to an individual or group of individuals, (b) that the case involves potential harm to minors, or (c) that harm or fraud could be directed to PlacePass, its Members, the Services, or Services.

We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

Business transfers by PlacePass

If PlacePass undertakes or is involved in any merger, acquisition, reorganization, sale of assets, or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.

How to change or delete your information, or cancel your PlacePass account

You may review, update, correct or delete the Personal Information in your PlacePass account. If you would like to correct your information or cancel your PlacePass account entirely, you can do so by logging in to your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Services in association with your name, even after your PlacePass account is cancelled.

Securing your personal information

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction, or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store.

Your privacy when you access third-party websites and resources

The Services will contain links to other websites not owned or controlled by PlacePass. PlacePass does not have any control over third party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.

Some portions of the Services implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at www.google.com/privacy.html), as may be amended by Google from time to time.

Special features and programs

Referral service and requesting references

The Services may provide a referral service that allows you to invite your friends and contacts to use the Services.

We may integrate the Services with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and PlacePass does not collect or retain the contact information that is used to send them.

You may also send invitation/request emails via the Services itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins PlacePass in response to your referral. If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.

Discussions

The Services may allow registered account holders to participate in online discussions (“Discussion(s)”).

If you post on a Discussion, then your membership in the Discussion as well as some of your public information (such as your profile picture and public profile page) may be visible to users who browse the Discussion. Your postings will be visible to such users as well.

Changes to this privacy policy

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Services or by sending an email to you. We will also update the “Last Updated Date” at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.

It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Services and Services to you, and your only option will be to stop accessing the Services and Services and deactivate your PlacePass account.

Cookie Policy

PlacePass uses “cookies” in conjunction with the Services to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Services to recognize your browser, while another could store your preferences and other information. Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Services may not work as intended or may not work at all without cookies.

PlacePass cookies and third party cookies

PlacePass may place our cookies on your device via the Services. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies. We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, third parties may also place cookies on your device for advertising purposes. There are two types of cookies used on the Services, namely “persistent cookies” and “session cookies”.
Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Services.

Other technologies

The Services may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.

Uses for PlacePass cookies

PlacePass uses cookies for a number of purposes, such as the following:

  1. to enable, facilitate and streamline the functioning of the Services across different webpages and browser sessions.
  2. to simplify your access to and use of the Services and make it more seamless.
  3. to monitor and analyze the performance, operation and effectiveness of the Services, so that we can improve and optimize it.
  4. to show you content (which may include advertisements) that is more relevant to you.

Uses for third party cookies

Our partners’ cookies are intended to obtain information to help them provide services to PlacePass. For example, third party companies and individuals we engage to provide services to us may track your behavior on our Services to market and advertise PlacePass listings or services to you on the Services and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Services and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative (www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Services – it just will not be tailored to your interests. In addition, Facebook places a cookie via the Services that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the PlacePass mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.

Disabling Cookies

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Services. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website (www.adobe.com/) and make changes at the Global Privacy Settings Panel (www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html).

Changes to this Cookie Policy

We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Services or by sending you an email. It’s important that you review the changed Cookie Policy. If you do not wish to agree to the changed Cookie Policy, then we cannot continue to provide the Services to you, and your only option is to stop accessing the Services and deactivate your PlacePass account.

Please read these terms of use carefully before accessing, using or obtaining any materials, information, products or services. By visiting the PlacePass website, mobile or tablet application, or any other feature or other PlacePass services (collectively “Services”) or using the Services in any manner, you agree that you have read and agree to be bound by and a party to these terms (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Service. In these Terms, “we”, “us”, “our” or “PlacePass” refers to ETMA, Inc, and “you” or “your” refers to you as the user of Our Service.

We may modify these Terms, for any reason at any time, by posting a new version on Our Service; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Service following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Service in any way, your only recourse is to immediately terminate use of Our Service.

1. We do not sell Tours and Activities

Our Service is a search engine for tours and activities. PlacePass does not provide, own or control any of the services and products available for access through Our Service, such as tours, museum tickets, or other activities (the “Tours and Activities”). The Tours and Activities are owned, controlled or made available by third parties (the “Experience Providers”) either directly (e.g. tour guide) or as an agent (e.g. online travel agency). The Experience Providers are responsible for the Tours and Activities. The Experience Provider’s terms and privacy policies apply to your booking so you must agree to, and understand those terms. Further, the terms of the actual experience provider (e.g. tour operator) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Experience provider accessed through Our Service is at your own risk and PlacePass does not have any responsibility should anything go wrong with your booking or during your travel.

The display on Our Services of a Tour or Activity Product or Experience Provider does not in any way imply, suggest, or constitute a recommendation by PlacePass of that Travel Product or Experience provider, or any sponsorship or approval of PlacePass by such Experience provider, or any affiliation between such Experience provider and PlacePass. PlacePass makes no representations or warranties regarding the accuracy of descriptions on Our Service, or regarding suggestions or recommendations of services or products offered or purchased through the Services.

PlacePass hosts content, including prices, made available by or obtained from Experience Providers. PlacePass is in no way responsible for the accuracy, timeliness or completeness of such content. Since PlacePass has no control over the Tours and Activities and does not verify the content uploaded by the Experience Providers, it is not possible for us to guarantee the prices displayed on Our Service. Prices change constantly and additional charges (e.g. payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected.

2. Booking through PlacePass

If you make a booking through Our Service for Tours and Activities, that booking is made with the Experience Provider named on the booking page and Our Service only acts as a user interface. Accordingly, PlacePass has no responsibility for the booking or the Tours and Activities because PlacePass has no involvement in creating the description of the Travel Product, in defining the price and any fees, and in providing the Tours and Activities that you book. If you have any issues or disputes around your booking and/or the Travel Product, you agree to address and resolve these with the Experience Provider and not with PlacePass.

3. Intellectual Property

We, along with our corporate affiliates, the Experience Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Service. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Service must appear on all copies you print. Other non-PlacePass product, service, or company designations on Our Service belong to those respective third parties and may be mentioned in Our Service 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 Service does not grant you any license or right to use any of the marks included on Our Service.

4. Use of Our Service

You may only use and register to become a user of Our if you are of sufficient legal age and can enter into binding contracts. If you become a registered you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Service by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. 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 computer or mobile device used to access Our Service), you must promptly change your Personal information that is affected.

If you decide to receive messages or other communications from Our Service directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Service on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.

You may only use Our Service to search for legitimate travel deals and you may not use Our Service to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Service 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 of PlacePass:

  1. access the site with any manual or automated process for any purpose other than your personal use or for inclusion of PlacePass pages in a search index. Use of any automated system or software to extract data from Our Service (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
  2. violate the restrictions in any robot exclusion headers on Our Service or bypass or circumvent other measures employed to prevent or limit access to Our Service;
  3. deep-link to any portion of Our Service for any purpose;
  4. use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Service or take any action that imposes an unreasonable load on our computer or network equipment;
  5. reproduce, duplicate, copy, sell, trade, resell or exploit Our Service;
  6. use any feature of Our Service for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
  7. post or distribute any material on Our Service that violates the rights of any third party or applicable law;
  8. use Our Service to collect or store personal data about others;
  9. use Our Service for any commercial purpose unless we’ve given you written permission;
  10. transmit any ad or promo materials on Our Service; or
    We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Service.

5. Your intellectual property rights

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Service or otherwise through any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please contact us at support@placepass.com

6. Warranty disclaimer

Our Service, all content and services provided on Our Service are provided on an “as is” and “as available” basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. PlacePass 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.

7. Our liability is limited

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 that may infect, your computer equipment or other property as the result of your access to Our Service, your downloading of any content from Our Service or (b) any injury, death, loss, claim, 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 arise out of or is in any way connected with: (i) any use of Our Service or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or non performance by us or any Experience provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

8. Indemnity

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, your breach of any applicable law, and your use of or access to Our Service or the Intellectual Property.

9. Arbitration and Waiver

You agree that by accepting the Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY (INCLUDING WITHOUT LIMITATION WITH RESPECT TO DATA, YOUR INTERACTION WITH THE COMPANY, COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLCY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE COMPANY’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.

If You intend to seek arbitration You must first send to the Company, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company must be sent to support@PlacePass.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we 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 Company and You 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.

For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company 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 COMPANY 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 COMPANY. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.

10. Links

Our Service may contain links to other websites that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites 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 Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Service.

11. General Requirements

We may change the site 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 the site 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. Further, 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 cancelling 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, make up the entire agreement between us relating to your use of Our Service, including Trips, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Service.

To the extent permitted by law, the laws of the State of Delaware (USA), 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 Service, including Trips, or these Terms, or Our Service, you agree to file such action only in the state and federal courts located in Massachusetts (USA); if you are a consumer, the law may allow you to bring proceedings also in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Service and/or these Terms, will be resolved individually, without resort to any form of class action.

12. Contact

If you have any questions, complaints, or claims with respect to Our Service, you may contact us at support@placepass.com or write to us at: ETMA, Inc., 770 Massachusetts Avenue, P.O. Box 390131, Cambridge MA 02139.