Last Updated: March 6, 2020
Welcome to Bewilder! These Terms of Service ("Terms") apply to your access to and use of the website and other online products and services (collectively, our "Services") provided by Bewilder, Inc. ("Bewilder," "we," "us" or "our"). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms do not access or use our Services.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Bewilder for products, services or otherwise. If you have any questions regarding the use of our Services, please contact us at firstname.lastname@example.org.
1. Eligibility and Reservation
2. Terms for Campers
The terms of this Section 3 apply when you use the Services as a Camper.
3. User Interactions Release
4. Copyright and Limited License
"Bewilder," the Bewilder logos and any other product or service name or slogan contained on our Services are trademarks of Bewilder and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bewilder or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing "Bewilder" or any other name, trademark or product or service name of Bewilder without Bewilder’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bewilder and may not be copied, imitated or used, in whole or in part, without Bewilder’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bewilder.
6. Third-Party Content
Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social "widgets" (collectively, "Third-Party Content"). Bewilder does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Bewilder is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by Bewilder of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. Bewilder is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you leave our Services, you should understand that Bewilder’s terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate from our Services.
7. Acceptable Use of Our Services
Your use of our Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not:
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or Bewilder (collectively, "Feedback"). Feedback is non-confidential and will become the sole property of Bewilder. Bewilder will own, and you hereby assign to Bewilder, all right, title, and interest, including all intellectual property rights, in and to such Feedback and Bewilder will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Bewilder to confirm such assignment to Bewilder.
9. Contests, Sweepstakes and Other Promotions
Bewilder may administer, operate or run contests, sweepstakes and other promotions (collectively, "Promotions") on our Services and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between these Terms and the official rules for a Promotion, the official rules will control.
You will defend, indemnify and hold harmless Bewilder, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Bewilder Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any claims made by any third parties that participate in any Trip Itinerary you purchase via the Services. Bewilder reserves the right to control the defense of any such claim, at your expense.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content. Your use of our Services is at your sole risk. Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Bewilder does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Bewilder attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
12. Limitation of Liability
13. Assumption of Risk
You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.
14. Modifications to Our Services
Bewilder reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that Bewilder will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof.
15. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU (WHETHER YOU USE THE SERVICES AS A TRAVELER) TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BEWILDER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
18.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising out of or related to a violation of Sections 9 or 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Bewilder agree (a) to waive your and Bewilder’s respective rights to have any and all Disputes arising from or related to these Terms, our Services or the products and services available on our Services, resolved in a court, and (b) to waive your and Bewilder’s respective rights to a jury trial. Instead, you and Bewilder agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
18.2 No Class Arbitrations, Class Actions or Representative Actions
You and Bewilder agree that any Dispute arising out of or related to these Terms, our Services or the products and services available on our Services is personal to you and Bewilder and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Bewilder agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Bewilder agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
18.3 Federal Arbitration Act
You and Bewilder agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.
18.4 Notice; Informal Dispute Resolution
You and Bewilder agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Bewilder will be sent by certified mail or courier to 560 Melville Ave, Palo Alto, CA 94301. Your notice must include (a) your name, postal address, telephone number, the email address associated with your Bewilder account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically by email to the email address associated with your Bewilder account, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Bewilder cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Bewilder may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically provided for in Section 19.1, file a claim in court.
Except for Disputes arising out of or related to a violation of Sections 9 or 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Bewilder agree that any Dispute must be commenced or filed by you or Bewilder within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Bewilder will no longer have the right to assert such claim regarding the Dispute). You and Bewilder agree that (a) any arbitration will occur in San Francisco, CA, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco, CA, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
18.6 Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
18.7 Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Section 19.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
16. Applicable Law and Venue
These Terms and your use of our Services will be governed by and construed in accordance with the laws of California, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 19 does not apply, you agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Bewilder reserves the right, without notice and in its sole discretion, to terminate your license to access and use our Services and to block or prevent future your future access to and use of our Services.
18. Changes to These Terms
Bewilder reserves the right to make changes to these Terms from time to time. If we do make changes, we will post the amended Terms to our Services and update the "Last Updated" date above. We will also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If any provision of these Terms is deemed unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
20. Notice for California Users
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834-1924, or by telephone at (800) 952-5210.
These Terms constitute the entire agreement between you and Bewilder relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Bewilder. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Bewilder’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.