I. Acceptance of Terms. Welcome to the Bespoke Traveler website. By using our BespokeTraveler.com internet website, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. These Terms of Service apply to all Bespoke Traveler online services and features unless otherwise indicated.
II. Scope of Service. Bespoke Traveler (“Bespoke Traveler,” “BT,” “BespokeTraveler.com” or “we”) maintain this website as a service to the user community that visits the site subject to these Terms of Service. The term “website” includes all services and features available on BespokeTraveler.com and linked URLs, including our Bespoke Traveler’s blog at wordpress.com, e-journal issues hosted on Issuu.com, online discussion forums, bulletin boards, chat rooms, and social media outlets, if any. Users of this website (“you”) are responsible for obtaining any equipment and internet service necessary to access our website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
III. Website Content. Users have a personal, non-transferable, non-exclusive right to access and use the Content of this website subject to these terms and conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the website, whether created by us or provided by another person for display on the website.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Bespoke Traveler’s Content that is available on this website, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
IV. Indemnification. By using this website, you agree to indemnify, hold harmless and defend Bespoke Traveler from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third-party that arises in connection with your use of this website.
V. Content Submitted by Users.
b. Liability. We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our website, such as through an online discussion forum, bulletin board or chat room, if any. We do not pre-screen information posted to online discussion forums, bulletin boards or chat rooms. With respect to such forums, bulletin boards and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum, bulletin board or chat room are those of the respective author(s) or distributor(s) and not Bespoke Traveler. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this website.
c. Monitoring. We have the right, but not the obligation, to monitor Content submitted to our website through an online discussion forum, bulletin board or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum, bulletin board or chat room provided through this website. Without limiting the foregoing, we have the right to remove any material that Bespoke Traveler, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this website.
VI. Prohibited Conduct.
By accessing our website or any chat room, bulletin board, online discussion forum, or other service provided through our website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person, to use our website or any related chat room, bulletin board or online discussion forum to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Bespoke Traveler.
b. Use a name or language that Bespoke Traveler, in its sole discretion, deems offensive.
c. Post defamatory statements.
d. Post hateful or racially or ethnically objectionable Content.
e. Post Content which infringes another’s copyright, trademark or trade secret.
f. Post unsolicited advertising or unlawfully promote products or services.
g. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
h. Impersonate another person.
i. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
j. Exploit children under 18 years of age.
k. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
l. Introduce viruses, worms, Trojan horses and/or harmful code to the website.
m. Obtain unauthorized access to any computer system through the website.
n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
o. Violate any federal, state, local, or international law or regulation.
p. Encourage conduct that would constitute a criminal or civil offense.
These are some, though not all, of the activities that may result in removal of Content which you post to the website and/or the termination of your access to the website.
This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.
VIII. Intellectual Property Rights.
Unless otherwise noted, all Content contained on this website is the property of Bespoke Traveler and/or its affiliates or licensers, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Bespoke Traveler and with the expectation that such Content will be made publicly accessible through our website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
IX. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this website is: Jesse Japitana, Bespoke Traveler (617-286-2410), (JJ[at]bespoketraveler[dot]com).
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this website who are repeat infringers.
When you register to participate in an online discussion forum, chat room, bulletin board, promotion, or other service offered on this website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
XI. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION BESPOKE TRAVELER DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. Limitation of Liability.
IN NO EVENT SHALL BESPOKE TRAVELER BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING ANY NEGLIGENCE OF BESPOKETRAVELER.COM), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ADDITIONALLY, BESPOKETRAVELER.COM SHALL NOT BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATED TO THE ACTS OR OMISSIONS OF CONTRACTORS, SERVICE PROVIDERS OR ANY OTHER THIRD PARTIES IN CONNECTION WITH OUR WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XIV. Links to Third-Party Websites.
This website may contain links to non-Bespoke Traveler websites that are provided to you as a convenience. Any outside website accessed from our website is independent from Bespoke Traveler and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Bespoke Traveler websites.
XV. No Implied Endorsements.
In no event shall any reference to any third-party or third-party product or service be construed as an approval or endorsement by Bespoke Traveler of that third-party or of any product or service provided by a third-party. Likewise, a link to any non-Bespoke Traveler website does not imply that we endorse or accept any responsibility for the content or use of such a website. Bespoke Traveler does not endorse, warrant or guarantee any product or service offered by any third-party through an online discussion forum, bulletin board or chat room accessible through this website and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
XVI. Jurisdictional Issues.
We make no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s access to our website, including access to any online discussion forum, bulletin board or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third-party for any termination of your access to our website.
These Terms of Service shall be governed and interpreted pursuant to the laws of the United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in the U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the U.S.A. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
XX. Entire Agreement.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information. If you have any questions about these Terms of Service, please contact Bespoke Traveler at press[at]bespoketraveler[dot]com. All Rights Reserved.
This policy tells you, among other things, what information we gather from you, how we may use or disclose that information and our efforts to protect it. Please read this policy carefully, and feel free to contact us at press[at]bespoketraveler[dot]com if you have any questions regarding its contents.
Types of Information Collected
In connection with your use of our site, we ask for and may collect a variety of information from and about you in different ways. For example, when you use our site, we may ask for and store your and/or your business’ name, address, email address and other identifying contact data. We may also collect the information you disclose in any of our chat rooms, discussion groups and bulletin boards.
Use of Information
We use your personally identifying information to identify you as a user of our site and to create and deliver to you our newsletters, surveys or other communications containing product information, travel tips, promotions, or information concerning your order. We may also use the information you provide for internal business purposes, such as generating statistics and developing marketing plans. We may use your email address to contact you directly regarding services or products that we believe may be of interest to you. We may also associate your personally identifying information with information we collect about your preferences and activities at the site, such as the particular pages you request at the site and purchases or other transactions you effect through the site. We may vary the content you receive in future visits to the site based on your preferences and activities.
We may combine your personally identifying information, and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of sales conducted through our site in a particular geographic region. Such information, and other information we derive from individual users’ information, allows us to continue to grow and provide you with quality fellow users through more accurate marketing and advertising of our Web site.
Disclosure of Information
Although we make every effort to maintain the privacy of our users, we may need to disclose information to fulfill certain legal and regulatory requirements, or if we have a good faith belief that such action is necessary to comply with a current judicial proceeding or a court order or legal process served on us, or to assert or defend our legal rights, or to protect us or others from harm to persons or property. We may disclose collective profiles of our user groups and their activities and preferences in describing our site and services to prospective partners, advertisers and other third parties, and for other lawful purposes.
We may transfer user information in connection with a business transition that takes place, such as a merger of Bespoke Traveler with and into another entity, the acquisition of Bespoke Traveler by another entity, or a sale of a portion of Bespoke Traveler assets to another entity.
Our site may allow users to express their views and opinions, in accordance with the standard of conduct contained in our Terms of Service, by posting messages to bulletin boards and chat rooms, and by participating in any other online discussion forum available on our site. Users who submit information to these forums do so with the understanding that the information will be made publicly available. Once information becomes publicly available on our site, it may be downloaded or copied by third parties, and Bespoke Traveler has no control over who may access the information or how they might use it.
You may choose to restrict our use of your information for purposes not directly related to our site or prohibit our disclosure of your information to others, by contacting us and directing us to impose such limits. For example, if requested, we will not provide your information to any third parties for marketing or promotional purposes. Please note, however, that we cannot guarantee that information will not be disclosed to any third parties, regardless of the steps we may take to protect such information. If you do not wish us to provide your information to third parties, or otherwise wish us to restrict the use or disclosure of your information, please send us an e-mail at press[at]bespoketraveler[dot]com.
In addition, we will not send unsolicited messages to users of our site who indicate that they do not wish to receive such messages. If you do not wish to receive unsolicited email messages from us, please contact us at press[at]bespoketraveler[dot]com.
At any time after you have logged on to our site, you may contact us at press[at]bespoketraveler[dot]com to request access to information we have collected regarding you or your business or to notify us of changes to such information. If you request any such changes, we will contact you by email or fax to confirm those changes. Once confirmed, any new item of information will replace the corresponding information previously provided.
Any information you voluntarily disclose on-line in any news or message postings, discussion groups or chat rooms may be collected and used by others without your permission. Furthermore, if you provide any information to parties who operate Web sites that are linked to or from our site, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review these sites’ policies before revealing any sensitive or personal information.
Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
This policy was posted on November 3, 2010 and revised June 6, 2014. Data will be handled in accordance with the policy in effect at the time the data is collected.
If you do not agree to the terms contained in this Agreement, please exit the Website by closing your browser.