Terms & Privacy

Privacy Policy

Last Updated: May 10, 2018

ETMA, Inc. (“PlacePass,” “we,” “our,” and/or “us”) operates a travel platform that helps people discover, review, and book unique experiences and activities around the world. This privacy policy (the “Privacy Policy”) explains how we collect, use, and share your Personal Information. “Personal Information” means any information relating to an identified or identifiable individual. We operate our own website at www.placepass.com and mobile application, and we also operate websites on behalf of third parties we partner with in the travel industry (our “Partners”). This Privacy Policy applies to our website, app, and any Partner website that we operate, including moments.marriott.com, or any online service where this Privacy Policy is posted (our “Services”). Beyond the Privacy Policy, your use of our Services is also subject to our Terms and Conditions https://www.placepass.com/terms – terms-of-service

Personal Information We Collect

We may collect Personal Information about you from various sources described below. Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services, if that information is necessary to provide you with the Services or if we are legally required to collect it.

A. Personal Information You Provide to Us

Registration Information. When you sign up for an account, you give us your name, and email address. If you decide to sign up for an account using a third-party account such as your Marriott Rewards account, Starwood Preferred Guest account, Google account or your Facebook account, we will also get basic Personal Information from the profile associated with your account. If you sign up with your Google account, we will receive your name and the email address associated with the account. If you sign up with your Facebook account, we will receive your name, and you can optionally give us permission to access additional Personal Information such as birth date, hometown, and your friends list. If you already have an account (such as a travel rewards loyalty member account) with one of our Partners, you may be able to create an account for or log into the Services using those account credentials. You can choose not to provide Personal Information to us, but in order to receive relevant offerings from PlacePass and our Partners, and to enjoy other benefits of being a registered member, some Personal Information about you is required.

Booking Information. When you book an experience or activity through our Services, we receive information about the booking you make and all of the information you provide us in connection with the booking, such as your name, address, phone number, date of birth, and travel rewards program numbers. We also receive any other Personal Information you may provide such as your passport details, hotel arrangements, information about the people traveling with you, or other information needed to book your particular activity (e.g., your weight for a helicopter tour).

Payment Information. When you use your credit card or other payment method to book an activity or experience through the Services, a third party that handles payments for us will receive your card information. We do not store your payment information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our customer support team, we may receive your name, phone number, email address, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Information about others. In some cases, you may provide information about other people through our Services. For example, if you book an activity or experience through the Services for someone else, you will need to submit that individual’s Personal Information. You may need to obtain consent of other individuals and inform them prior to providing us with their Personal Information, as may be necessary under applicable laws.

Content contributions. You may be able to contribute to our Services in a variety of ways, for example filling out your profile, writing reviews, sharing photos, etc. You are responsible for the information you include in your content. We may store these contributions and use them in different ways, including for promotional purposes and for display on the website.

Other. In some cases we may contact you to ask for other demographic information, such as gender, age, travel habits, country of residence, etc.

B. Personal Information We Collect When You Use the Services

Location Information. If you permit us to access location information from your device through the permission system used by your mobile platform, we will collect your location information when you use the Services in order to provide you with relevant, personalized experiences and activities based on your location. If you sign up for an account or book an experience through one of our Partner websites, or you log into our website or mobile app using an account affiliated with one of our Partners, we will share your location information with the relevant Partner.

Address Book Contacts. If you permit us to access the address book on your device through the permission system used by your mobile platform, we will access and store names and contact information from your mobile phone address book to facilitate sharing your bookings on the Services and for other purposes described in this Privacy Policy.

Device Information. We receive information from your device, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and, depending on whether you register with your Google or Facebook account, your Android ID or Facebook identifier.

Usage Information. To help us understand how you use the Services and to help us improve them, we automatically receive information about your interactions with the Services, like the pages or other content you view, your actions on the websites and online services, and the dates and times of your visits.

Information from Cookies and Similar Technologies. We collect information through the use of “cookies,” tracking pixels, and similar technologies to understand how you navigate through Services, to learn what content is popular, and to help us improve our algorithms and the offerings on the Services. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Services. We also use analytics providers such as Google Analytics cookies for these purposes, and you can find more information on how Google uses data from these cookies at google.com/policies/privacy/partners/. These analytics providers may collect or have access to information about you which they may collect over time and across different websites. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Services.

C. Other Information We Collect from Third Parties

Our Partners. If you sign up for an account or book an experience through one of our Partner websites, or you log into our website or mobile app using an account affiliated with one of our Partners, such as your Marriott Rewards account our Starwood Preferred Guest account, we may receive additional Personal Information about you, such as loyalty points balance, demographic data and/or the location, dates, and nature of your upcoming travel, from our Partners and combine it with other information that we have about you. We use this information to personalize your experience and make relevant recommendations to you on the Services.

Suppliers. Sometimes the activity or experience you book through our Services may be supplied by a third party that is an aggregator of travel experiences and activities (“third party supplier” or “supplier”), and you will be directed to that supplier’s website to complete your booking. When you book through a supplier, the supplier may provide us with your name and email address, and the fact that you made a booking. Please note that the Personal Information you provide directly to our third party suppliers is not governed by this Privacy Policy, and you should consult the supplier’s privacy policies to learn more about how they handle your Personal Information.

How We Use the Information We Collect

We use the Personal Information we collect from users to:

  • Provide you with the Services to allow you to discover, review, and book unique experiences and activities around the world;
  • Improve, expand, and promote the Services;
  • Analyze how users interact with the Services;
  • Communicate with you, either directly or through one of our Partners, including for tailored marketing and promotional purposes and to send you text messages;
  • Analyze how users interact with the Services in order to enhance user experience;
  • Customize our offerings for you;
  • Facilitate transactions and payments;
  • Provide you with customer support; and
  • Address legal issues that may arise, comply with our legal obligations and potential requests from authorities.
  • If you are located in the European Economic Area, we only process your Personal Information based on a valid legal ground, including when:
  • You have consented to the processing of your Personal Information. For example, we may seek to obtain your consent to send you marketing communications.
  • We need your Personal Information to provide you with services and products requested by you, or to respond to your inquiries.
  • We have a legal obligation to process your Personal Information.
  • We or a third party, have a legitimate interest in using your Personal Information, such as to ensure and improve the safety, security, and performance of our Services.

 

How We Share the Information We Collect

Our Affiliates. We may share Personal Information we collect about you with our affiliates and other entities of the ETMA group of companies.

Sharing on Social Platforms. Users can choose to share the experiences and activities they have booked on the Services through social media channels such as Facebook and Twitter and via email.

Third Parties Involved in Booking Your Experiences and Activities. When you book an activity or experience through the Services, you may provide information directly to third parties that facilitate or provide the activity or experience you’ve signed up for, or we may share your Personal Information with them. For example:

  • Some experiences and activities will be booked with our third party suppliers (as described above);
  • We may share your booking information with aggregators, companies, or distributors who help facilitate or provide the experience or activity (e.g., Ticketmaster); and
  • We may share your booking information with the operator of the activity or experience (e.g., the kayaking outfitter that runs your kayaking trip).

Third Party Partners. If you sign up for an account or book an experience through one of our Partner websites, or you log into our website or mobile app using an account affiliated with one of our Partners, we will share all Personal Information that we receive from or about you with that Partner so that they can provide you with customized services and experiences that may be of interest to you.

Service Providers. We work with third party service providers to perform services on our behalf, such as to process your payment information, and we may share your Personal Information with such service providers to help us provide the Services, including to do all of the things described in Section titled “How We Use the Information We Collect.”

Third Party Advertisers. When you visit our Services, third party advertisers may set and access their own cookies, pixel tags, and similar technologies on the Services and they may otherwise collect or have access to Personal Information about you that they collect over time and across different websites. We and third party advertisers may target advertisements for products and services in which you might be interested based on your use of the Service. If you prefer to not receive targeted advertising, you can opt-out of some network advertising programs that use your Personal Information. To learn more about your choices, please visit the Digital Advertising Alliance (DAA) Opt-Out Page: http://www.aboutads.info/choices, or the Network Advertising Initiative (NAI) Opt-Out Page: http://optout.networkadvertising.org/choices. European users may opt out of receiving some targeted advertising through members of the European Digital Advertising Alliance on https://www.youronlinechoices.eu/. Please note that even if you choose to opt out, you will still see advertisements.

Other Sharing. We may share your Personal Information with other third parties in the following cases:

  • While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
  • If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
  • With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of PlacePass, the Services, or our users;
  • To comply with a legal requirement or process; and
  • Whenever you consent to the sharing or as otherwise permitted or required under applicable law.

 

Your Choices

Email Subscriptions. You can always unsubscribe from our promotional emails but we will still send you transactional emails about your bookings through the Services.

Location and Address Book Information. You can use the settings on your mobile operating system to prevent your device from sharing location information or your address book contacts with us, but please note that all features of the Services may not be available to you if you choose to turn off this sharing.

Information from Third Party Applications. If you sign up or log in to the Services using a third-party account through which we receive your contacts or friends, you can access your settings for those accounts to learn how you can control the sharing of your contacts and friends.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings. If would like to close your account, please contact us at support@placepass.com or marriott-moments@placepass.com with your request. Please note that in some cases we may retain certain Personal Information about you as required by law, or for legitimate business purposes to the extent permitted by law. We may also de-identify your data and retain the de-identified data for analytics purposes.

European Users. In some countries and, in particular, if you are located in the European Economic Area, you may also have the right to request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company.

In addition, you can withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.

You may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.

Those rights may be limited in some circumstances. You may exercise your rights by contacting us at support@placepass.com or marriott-moments@placepass.com or as indicated below.

Do Not Track. At this time we do not respond to Do Not Track signals.

Other

Data Security. We are committed to protecting your Personal Information. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Data Retention. We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep it for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

Data Transfers. The Services are hosted in the United States. If you are accessing the Services from the European Union or other region with laws or regulations governing Personal Information collection, use, and disclosure that differ from United States laws, please note that we may transfer your Personal Information to countries other than the country where you are located, including to the United States, for storage and processing. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

California Privacy Rights. California Civil Code Section 1798.83 permits users who are California residents to request and obtain from us once a year, free of charge, information about certain personal information we disclose to third parties for their direct marketing purposes in the preceding calendar year. This information includes a list of the categories of personal information that we shared and the names and addresses of all third parties with which we shared the information. If you are a California resident and would like to make such a request, please submit your request in writing to: Attn: PlacePass. 77 Summer Street, 10th Floor, Boston, MA 02111.

Children’s Privacy. The Services are not directed to children, and we don’t knowingly collect Personal Information from children under 16. If we find out that a child under 13 has given us Personal Information, we will take steps to delete that information. If you believe that a child under the age of 16 has given us personal information, please contact us at Attn: PlacePass. 77 Summer Street, 10th Floor, Boston, MA 02111.

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the Services, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the Services, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information. ETMA Inc., d/b/a PlacePass are responsible for the processing of your Personal Information described in this Privacy Policy. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your Personal Information, our use and sharing practices, or your consent choices or other rights by contacting us at support@placepass.com or marriott-moments@placepass.com or Attn: PlacePass. 77 Summer Street, 10th Floor, Boston, MA 02111, USA.

 

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.