THE AGREEMENT: The use of this Blog and services on this Blog provided by Haleigh Hendrickson (hereinafter referred to as “Blog”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this Blog (hereinafter collectively referred to as “Blog”) and any services provided by or on this Blog (“Services”).
The parties referred to in this Agreement shall be defined as follows:
a) Us, We: Haleigh Hendrickson, as the creator, operator, and publisher of the Blog whereshewentnext.com, made the Blog, and provide travel/adventure related Services on it, available to users. Haleigh Hendrickson, Us, We, Our, Ours and other first-person pronouns will refer to the Website, as well as all the affiliates of the Website.
b) You, the User, the Client: You, as the user of the Blog, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Blog, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, you may please leave the Blog. We only agree to provide use of this Blog and Services to You if You assent to this Agreement.
3) LICENSE TO USE BLOG
We may provide You with certain information as a result of Your use of the Blog or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Blog, and other materials which may assist in Your use of the Blog or Services (“Company Materials”). Subject to this Agreement, We grants You a non-exclusive, limited, non-transferable and revocable license to use Our Materials solely in connection with Your use of the Blog and Services. The Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Blog or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Blog and all Services provided on the Website are the property of the Haleigh Hendrickson, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Haleigh Hendrickson IP”). You agree that We own all right, title and interest in and to the IP and that You will not use the IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Haleigh Hendrickson.
5) USER OBLIGATIONS
As a user of the Blog or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or Mobile Number, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Blog and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Blog or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement
6) ACCEPTABLE USE
You agree not to use the Blog or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Blog or Services in any way that could damage the Blog, Services, or general business of the Blog.
a) You further agree not to use the Blog or Services:
I) To abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Haleigh Hendrickson or any third party;
III) To perpetrate any fraud;
IV) To publish or distribute any obscene or defamatory material;
V) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VI) To unlawfully gather information about others.
7) AFFILIATE MARKETING & ADVERTISING
Through the Blog and Services, We may engage in affiliate marketing whereby the We receive a commission on or percentage of the sale of goods or services on or through the Blog. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply. You further agree that Your purchase of any of the products on the Blog is at Your own risk.
The Return/Refunds for any product purchased from the website will be governed by the respective policies of the Affiliate websites.
The Blog may sell goods or services or allow third parties to sell goods or services on the Blog. We undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, We do not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. For goods or services sold by others, We assume no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with Us. You hereby release the Us from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.
9) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Blog;
b) Violate the security of the Blog or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
10) DATA LOSS
We do not accept responsibility for the security of Your account or content. You agree that Your use of the Blog or Services is at Your own risk.
You agree to defend and indemnify Haleigh Hendrickson this website and any of its affiliates and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Blog or Services, Your breach of this Agreement, or Your conduct or actions. You agree that We shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
12) SPAM POLICY
You are strictly prohibited from using the Blog or any of the Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13) THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party Blogs or other services. You agree that the We are not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Blog.
14) MODIFICATION & VARIATION
We may, from time to time and at any time without notice to You, modify this Agreement. You agree that whereshewentnext.com has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Blog and those modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the Bottom of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Blog after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Blog. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Blog.
16) TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with You at any time for any reason, with or without cause and specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the whereshewentnext.com or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
17) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to You as a result of Your use of the Blog or Services, to the fullest extent permitted by law. The maximum liability of whereshewentnext.com arising from or relating to this Agreement is limited to the greater of one hundred ($50) US Dollars This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
18) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Blog or Services, You agree that the laws of the State of Hawaii shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: ________, Hawaii. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: ________. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Hawaii. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the whereshewentnext.com will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by whereshewentnext.com, the rights and liabilities of the website will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: whereshewentnext.com is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at firstname.lastname@example.org
Effective Date: May 25th, 2020