TERMS OF SERVICE

These Terms of Use were last updated on: July 6, 2012.

These terms and conditions govern your use of our website, digital magazine and mobile applications; by using our website, digital magazine and mobile applications, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website, digital magazine or mobile applications.

We try to be accurate, but we are not liable for your reliance on or use of our information.

The following terms and conditions (the “Terms and Conditions”) cover the websites and digital publications, mobile Applications and services owned or operated by ManAboutWorld Incorporated (“MAW”), any associated Content (as defined below) including email, and Submissions, as defined below (collectively the “Site and/or Service”). Please read these Terms and Conditions carefully before using or proceeding to access the Service. You must read and agree to the following Terms and Conditions of use, including the Code of Conduct, before you access or otherwise use or participate in the Site and/or Service. Your access to and registration with the Site and/or Service (as applicable) is governed by the following Terms and Conditions. By accessing the Site and/or Service, you accept these Terms and Conditions in effect at the time of your use. MAW grants you access to use the Site and/or Service solely in accordance with these Terms and Conditions. You acknowledge that unauthorized use of the Site and/or Service may violate copyright, trademark, privacy, publicity, communication and other applicable laws. As used here, “you” or “User” means any user or visitor of the Site and/or Service who is deemed to have read, understood and agreed to the Terms and Conditions and “we” or “us” means MAW.

DESCRIPTION OF SITE AND/OR SERVICE

The Site and/or Service is an editorially driven Website, Digital Magazine and Mobile Application(s) featuring information, opinions and other Content regarding travel and other lifestyle goods and services.

USE OF THE SITE AND/OR SERVICE

 
Your access to and use of the Site and/or Service is subject to all applicable international, federal, state and local laws and regulations. The trademarks, logos and service marks (“Marks”) displayed on the Site and/or Service are the property of MAW and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of MAW or such third party which may own the Marks. All information, materials and content including any text, photographs, audio, video, illustrations and software programs made available by MAW on or through the Site and/or Service (“Content”) may be protected by copyright and may be the property of MAW and other parties. Users may only use the Site and Content for personal use as and to the extent permitted under these Terms and Conditions and are prohibited from modifying, creating derivative works of, copying, distributing, transmitting, displaying, publishing, selling or licensing any Content available on or through the Site for commercial, public or any other purposes except for such content that is identified as being available for such uses via a Creative Commons License. You agree that your participation in the Site and/or Service is voluntary, personal and non-transferable. MAW may, in its sole discretion, immediately terminate your access (with or without notice) to the Site and/or Service should your conduct fail to conform to the Terms and Conditions.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

We may change the Terms and Conditions of the Site from time to time by updating this posting. Please visit the Terms and Conditions area each time you visit the Site and/or Service to keep up to date with the current terms and conditions regarding your use of the Site and/or Service. Your continued use of the Site and/or Service constitutes an affirmative: (1) acknowledgment by you of the Terms and Conditions and any modifications thereof and (2) your agreement to abide and be bound by the Terms and Conditions as modified.

MODIFICATIONS TO SITE AND/OR SERVICE

 
We reserve the right to modify or discontinue the Site and/or Service with or without notice to you. Neither MAW, nor its affiliates shall be liable to you or any third party should we exercise this right to modify or discontinue the Site.

USER SUBMISSIONS/ASSIGNMENT 

You irrevocably assign to MAW all rights in and to all text, photographs, illustrations, audio, video and any other content and information (including any ideas or expressions of ideas embodied therein, and your Site screen/user name) that you upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site and/or Service (collectively “Submissions”). All comments, suggestions, graphics, ideas (including product and advertising ideas), and information, materials or other portion of the Submissions you submit to MAW through this Site will become and remain the exclusive property of MAW, including any future rights associated with such Submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such Submissions, and you acknowledge MAW and/or its agencies unrestricted right to use them (or materials or ideas similar to them) in any medium or method of transmission now know or hereafter devised, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personally identifiable information, MAW, its affiliates, licensees, assigns and/or agencies have no obligation to keep your Submissions (or any of the material contained therein) confidential. You will not be entitled to any remuneration for any use of your Submissions by us or our parent company, affiliates, licensees, assigns or any other person or entity.You further release and waive all claims against MAW, its affiliates and/or agencies with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.

PRIVACY POLICY

Except as required by law and in accordance with the MAW Privacy Statement, MAW will maintain the confidentiality of all User communications solely to extent containing the personally identifiable information of a User and which are transmitted directly to MAW. Transmissions to the Site, to the extent such transmissions do not contain the personally identifiable information of a User, will not be protected as confidential and MAW may use and provide information contained in any such transmissions (including any Submissions and the ideas, concepts, know-how or other intellectual property embodied therein) to any of its affiliates or other third parties for any purpose whatsoever and as deemed appropriate by MAW. To the extent that you also provide us with any of your personally identifiable information, MAW will only use such information in accordance with the MAW Privacy Statement.

CODE OF CONDUCT

The Site makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures.

    You agree to abide by the following rules of conduct:

  • (1) You must be 18 years of age or older to register with or use the Site and/or Service.
  • (2) Only those who have registered as members or registered users may access the registration-required portions of the Site and/or Service.
  • (3) You agree not to copy, modify, distribute, download, display, post, publish, license, create derivative works of or otherwise transmit Submissions in any form except (i) to and through the Site as and to the extent expressly permitted hereunder, and (ii) that Users may use the “E-mail a Friend”, “Like on Facebook”, “Tweet This”, “Pin to Pinterest” or other designated social sharing mechanisms to e-mail specific content to their friends or post specific content to designated social media platforms.
  • (4) You agree not to use the Site and/or Service to solicit or advertise any commercial product or activity.
  • (5) You agree not to use behavior that does not support a safe and comfortable environment for all Users, including but not limited to posting or transmitting any materials that are threatening, offensive, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane (even if it is masked), racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.
  • (6) You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site any Submissions which:
    • (i) restrict or inhibit any other User from using the Site and/or Service or contain a virus or other harmful component.
    • (ii) violate any local, state, Federal or International laws or give rise to civil liability.
    • (iii) violate or infringe any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, such as defamation or any other proprietary right).
    • (iv) violate these Terms and Conditions or are not otherwise appropriate or pertinent to the purpose of the Site.
    • (v) impose an unreasonable or disproportionately large load on the Site and/or Service or otherwise interferes with the Site.
  • (7) You agree not to use any trademarks, trade names, logos or other identifying marks (“Marks”) of MAW, its affiliates, agencies or any third party for any purpose including without limitation to use as metatags on the Site and/or Service or on other pages or sites on the World Wide Web without the written permission of MAW, and, if applicable, the third party that owns the Marks.
  • (8) You agree not to use the Site and/or Service for any unlawful purpose or activity including without limitation:
    • (i) chain letters, junk mail, spamming or similar activities.
    • (ii) “spoofing” (i.e., using any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site or impersonating MAW, another User or the Site Moderator).
    • (iii) Using or possessing programs to “crack” passwords or other Internet security tools.
    • (iv) Attempting to circumvent established Internet security measures.
    • (v) posting or transmitting any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
  • (9) You agree not to interfere with another Users use and enjoyment of the Site.
  • (10) You agree not to upload, store, process, post, transmit, distribute, publish or otherwise submit any photos, hyperlinks, materials or other Submissions on or through the Site that do not comply with these Terms and Conditions.
  • (11) Before beginning a new discussion, please skim through the threads to make sure that someone has not already started a conversation about your topic. Also, please make sure that you place your post in the appropriate thread.
  • (12) Please respect the opinions of other Users. We encourage you to discuss opinions as long as they remain respectful. User-generated portions of this Site were created to allow sharing and discussion of opinions and experiences pertaining to a travel and lifestyle goods and services and any attempts to harass or threaten other Users because they have differing opinions will not be tolerated.
  • (13) We encourage you to be as individual as you like in the way you express yourself, but messages that get your point across (and get the best responses) are those that use complete words and sentences with an attempt at good grammar and spelling. Please do not type in uppercase – this is considered yelling.
  • (14) Please do not post the same message more than once in the same thread or another thread. It is considered spamming and is not permitted.
  • (15) Occasionally a User may create a thread with inflammatory remarks just to stir things up. This type of post is called a troll and is not permitted.
  • (16) Occasionally you will see a message with only the word “Bump” in it. This is a vehicle for moving a thread to the top of the menu. Bumps are not permitted.
  • (17) Do not give out or post any of your personally identifiable information (e.g., your email address, your real name, your mailing address and your phone number). If you are asked for any of this information, we suggest you simply say “I don’t feel comfortable giving that out” and please report it using the process for reporting actions that violate these Terms and Conditions.
Children’s Online Privacy Protection Act Notification.

MAW is not designed or intended for use by minors under 18. If you are under 18, you may use the Site and/or Service only with involvement of a parent or guardian.

Violations

You are solely responsible for the Submissions (including the content and other information contained therein) you transmit to or through the Site and/or Service. Should your conduct fail to conform with these Terms and Conditions, we reserve the right to remove or edit any material or other portion of any Submission that does not (in our sole judgment) comply with these Terms and Conditions, revoke posting privileges and/or ban you from accessing the Site and/or Service at our sole discretion. Our decisions are considered final. If you see a post that violates these Terms and Conditions in some way, please report it using the tool for reporting posts that violate these Terms and Conditions.

If you choose to reply to an offensive/abusive post on this Site and/or Service, please do so respectfully. Your post is subject to the same Terms and Conditions as the original post, even if the original post violates the Terms and Conditions.

Although MAW, its affiliates and/or its agencies may monitor postings and transmissions to the Site and/or Service, it is not obligated to do so and will not be liable for any Submissions on the Site and/or Service. Neither MAW nor its affiliates or agencies endorse any information or other portion of any Submission uploaded, stored, processed, posted, transmitted, distributed, published or otherwise submitted to or through the Site.

HYPERLINKING

THE SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO LEAVE THE SITE AND/OR SERVICE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THE SITE AND/OR SERVICE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). MAW HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT MAW HAS PROVIDED A LINK TO A LINKED SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND MAW URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.MAW MAY PERMIT USERS TO ADD HYPERTEXT LINKS TO THE SITE AND/OR SERVICE PROVIDED THE CONTENT OF SUCH LINKED SITE COMPLIES WITH THESE TERMS AND CONDITIONS. MAW, HOWEVER, RESERVES THE RIGHT TO DISABLE AND REMOVE ANY SUCH LINKS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE SITE AND/OR SERVICE (INCLUDING ALL LINKED SITES). MAW PROHIBITS THE FRAMING OF ANY CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE. ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE SITE AND/OR SERVICE (INCLUDING ALL LINKED SITES) IS AT THE USER’S OWN RISK. YOU SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN RULES AND REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS AND OTHER PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE MAW SITE AND/OR SERVICE. NEITHER MAW, NOR ITS AFFILIATES ARE RESPONSIBLE FOR SUCH PROVISIONS AND MAW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.

NO WARRANTIES

ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.NEITHER MAW, NOR ITS PARENT COMPANY OR AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE AND/OR SERVICE, (B) ANY CONTENT PROVIDED ON THE SITE AND/OR SERVICE AND ANY LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE AND/OR SERVICE OR A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL MAW, ITS AFFILIATES OR AGENCIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE AND/OR SERVICE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE AND/OR SERVICE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

LIMITATION OF LIABILITY FOR USE OF THE SITE AND/OR SERVICE AND LINKED SITES
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE AND/OR SERVICE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AEP SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. MAW DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE AND/OR SERVICE IS COMPLETE OR UP-TO-DATE. MAW IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE AND/OR SERVICE. MAW MAY CHANGE THE CONTENT ON THE SITE AND/OR SERVICE AT ANY TIME WITHOUT NOTICE. MAW MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AND/OR SERVICE AT ANY TIME. YOU AGREE THAT MAW, ITS AFFILIATES AND AGENCIES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE AND/OR SERVICE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE AND/OR SERVICE OR A LINKED SITE, EVEN IF MAW IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. MAW CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE AND/OR SERVICE.

LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE AND/OR SERVICE
ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO GOODS AND SERVICES OFFERED THROUGH THE SITE AND/OR SERVICE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES. MAW, ITS AFFILIATES AND AGENCIES HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE MAW, ITS  AFFILIATES AND AGENCIES FROM ANY LIABILITY WITH RESPECT TO THE SAME.

INDEMNIFICATION

You agree to indemnify and hold MAW, its agencies and their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and/or Service, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Site and/or Service using your computer or mobile device, of any intellectual property or other right of any person or entity.

TERMINATION

We shall not be liable to you or any third party for termination of the Site and/or Service. Should you object to any Terms and Conditions of the Site or any subsequent modifications thereto or become dissatisfied with the Site and/or Service in any way, your only recourse is to immediately discontinue use of the Site and/or Service.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS

You may enter into correspondence with or participate in promotions of advertisers, if any, showing their products on the Site and/or Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the advertiser. MAW assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

USE OF “COOKIE” FILE FEATURES

MAW reserves the right to store information on a User’s computer or mobile device in the form of a “cookie” or similar file for purposes of modifying the Site to reflect Users’ preferences. The MAW Privacy Statement provides additional information regarding MAW’s use of cookies as well as procedures for disabling cookies.

DIGITAL MILLENNIUM COPYRIGHT ACT – NOTIFICATION TO MAW REGARDING ALLEGED COPYRIGHT INFRINGEMENT.

MAW reserves the right to remove any Content on the Site and/or Service which allegedly infringes another person’s copyright. Notices to MAW regarding any alleged copyright infringement on the Site should be directed to ManAboutWorld Incorporated Attn: Infringement at support@manaboutworld.com.

Binding Arbitration of All Disputes.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site and/or Service, (ii) any purchases or other transactions or relationships with MAW, or (iii) any data or information you may provide to MAW or that MAW may gather in connection with such use, interaction or transaction (collectively, “MAW Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site and/or Service, or engaging in any other MAW Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site and/or Service, you agree that any complaint, dispute, or disagreement you may have against MAW, and any claim that MAW may have against you, arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any MAW Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, MAW agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Paragraph, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Paragraph 18 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

  • the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and MAW (the “Arbitrator”);
  • the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions in Paragraph 18 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
  • the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and MAW; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
  • the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
  • the Arbitration can resolve only your and/or MAW’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
  • the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  • in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, MAW will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
  • in the event you recover an Award greater than MAW’s last written settlement offer, the Arbitrator shall also have the right to include in the Award MAW’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but MAW shall in all events bear its own attorneys’ fees; and
  • with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor MAW shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
  • MAW may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after MAW has given notice of such modifications and only on a prospective basis for claims arising from MAW Transactions and Relationships occurring after the effective date of such notification.
  • Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against MAW in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
  • If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You acknowledge and agree that you will not seek to litigate any claims against MAW, its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You and MAW agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.

    OUR CONTACT DETAILS

    ManAboutWorld Incorporated. 255 W 23rd St. #2BE, New York, NY 10011 USA
    Send email to: concierge (at) manaboutworld (dot) com