Terms of service

1. Acceptance of These Terms

By accessing or using the Orbitza website or newsletter (the "Service"), you agree to be bound by these Terms of Service ("Terms") and by our Privacy Policy. If you do not agree with any part of these Terms, you may not access or use the Service.

The Service is intended for general audiences. You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian.

Your continued use of the Service after any update to these Terms constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you should stop using the Service.

2. Use of the Service & User Responsibilities

We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Service for personal, non-commercial purposes, subject to these Terms. The Service provides editorial inspiration for weekend escapes and small rituals across New York State; it is not a live timetable, and you remain responsible for verifying current opening hours, trail conditions, ferry schedules, and reservation policies before you travel.

• Use the Service only for lawful purposes, and comply with all applicable laws, rules, and regulations.
• Not use the Service for any illegal, fraudulent, or unauthorized purpose, including infringing the rights of others.
• Not interfere with, disrupt, overload, or damage the Service, its servers, or any networks connected to the Service.
• Not attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems through hacking, password mining, or any other means.
• Not scrape, harvest, or systematically collect content from the Service for commercial use without our prior written consent.
• Not post or transmit any content that is unlawful, defamatory, harassing, abusive, obscene, or otherwise objectionable.
• If you maintain an account or subscription with us (including a newsletter subscription), you are responsible for safeguarding your access and for all activity conducted through it. Notify us promptly of any unauthorized use.

3. Intellectual Property

The Service and its original content, features, and functionality — including articles, guides, illustrations, photographs, design, and code — are and will remain the exclusive property of Orbitza and its licensors, and are protected by copyright, trademark, and other intellectual property laws of the United States and other jurisdictions.

You are welcome to share links to our stories and to quote brief excerpts with attribution to Orbitza. You may not republish, reproduce, distribute, sell, or create derivative works from the content of the Service, in whole or in substantial part, without our prior written permission. Our name, logo, and trade dress may not be used in connection with any product or service without our prior written consent.

4. User Submissions & Newsletter

If you submit content to us — such as a place suggestion, a message through our contact form, a correction, or any other material ("User Content") — you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, store, review, reproduce, and display such User Content for the purpose of operating, improving, and promoting the Service.

You retain all rights to any User Content you submit, and you are solely responsible for it, including its legality, reliability, accuracy, and appropriateness. Please do not submit any information you consider confidential or that you are not authorized to share.

If you subscribe to our newsletter, we will send you the emails you have requested. You may unsubscribe at any time using the link included in every email, or by writing to us at the contact details below. Your subscription is personal to you and may not be transferred.

5. Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Accessing any third-party link is at your own risk, and we encourage you to review the terms and privacy policies of any third-party site you visit.

6. Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Our editorial content is provided for general information and inspiration only. It is not professional travel, medical, legal, or safety advice. We make no warranty that the Service will be uninterrupted, timely, secure, or error-free, that the information published is always complete, current, or accurate, or that any defects will be corrected. Always use your own judgment, prepare for the conditions you will meet, and follow the guidance of local authorities and land managers.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORBITZA, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (c) ANY DECISION OR ACTION TAKEN IN RELIANCE ON THE CONTENT PUBLISHED ON THE SERVICE.

In no event shall our total aggregate liability to you for all claims arising out of or relating to the Service exceed the greater of one hundred United States dollars (USD $100.00) or the amount you paid us, if any, in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Orbitza and its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to reasonable attorneys' fees) resulting from or arising out of (a) your use of and access to the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of a third party.

9. Account Cancellation & Suspension (If Applicable)

If you hold a newsletter subscription or any other account with us, you may cancel or unsubscribe at any time, free of charge, through the unsubscribe link in our emails or by contacting us directly. Cancellation takes effect immediately and you will not receive further communications unless you resubscribe.

We reserve the right to suspend, restrict, or terminate your access to the Service, or any subscription or account, immediately and without prior notice or liability, if you breach these Terms, if your conduct is unlawful or harmful to the Service or other users, or if we are otherwise required or permitted to do so by law. Upon termination, your right to use the Service ceases immediately.

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of these Terms which by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — shall survive termination.

11. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page and make reasonable efforts to provide at least thirty (30) days' notice before any material changes take effect, such as by posting a notice on the Service or by email to newsletter subscribers.

By continuing to access or use the Service after the revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree with the revised Terms, your only remedy is to stop using the Service.

12. Dispute Resolution

We hope that any concern can be resolved amicably. Before initiating any legal proceeding, you agree to contact us in writing at the address below and attempt to resolve the dispute through good-faith negotiations for a period of thirty (30) days.

If the dispute is not resolved through negotiation, you agree that any claims, disputes, or controversies arising out of or relating to these Terms or the Service shall be resolved exclusively through litigation in the courts described in Section 13 below, and you waive any objection to the jurisdiction and venue of those courts. Each party shall bear its own costs and attorneys' fees in any such proceeding, unless otherwise awarded by the court.

13. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any legal suit, action, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the state or federal courts located in New York County, New York, United States of America. You consent to the personal jurisdiction of such courts and waive any objection to venue based on an inconvenient forum. If you reside outside the United States, you agree that you are nonetheless responsible for complying with these Terms and any applicable local laws.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orbitza regarding the Service and supersede and replace any prior agreements, understandings, or communications, whether written or oral, between you and us regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15. Contact Us

If you have any questions about these Terms, or wish to exercise any of your rights under them, please contact us at:

[email protected]
Orbitza, New York, United States