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Holiday Express Website Terms of Use

Effective date: June 1, 2023

I. Introduction

  1. These terms and conditions (“Terms of Use” or “Terms”) are a legal contract between you and Holiday Express, a non-profit corporation (“Holiday Express,” “we,” “our,” or “us”) for the access to and use of this website www.holidayexpress.org, which includes text, media, pictures and other Content and associated services (collectively, the “Service”). Accordingly, your use of the Service, including all features contained herein, is subject to these Terms of Use and the privacy policy located at holidayexpress.org/privacy-policy/ (“Privacy Policy”).
  2. These Terms of Use may be updated from time to time. You are responsible for reading and checking these Terms of Use before using the Service. We may terminate your access to the Service at any time, including upon violating these Terms of Use.
  3. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY, AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE, AND PLEASE EXIT THE SERVICE NOW

II. Authorized Users; Maintenance and Access

  1. The Service is intended only for authorized users who agree to these Terms. Further, the Service contains certain features and options that may present an opportunity for you to provide to us or for us otherwise to obtain from you confidential and non-public information. You are solely responsible for ensuring that any usernames and passwords created or issued in connection with the Service are known and used only by you. You will notify us promptly if you have reason to believe that your password or username has been lost, stolen, or compromised. Upon receipt of such notice, we may suspend your access to the Service until the issue is resolved.
  2. You should not rely on the Service as your exclusive method of booking with us. For example, technical issues may affect the provision of the Service, variances as to how we post our Programs, or complicated bookings that require assistance from a coordinator. ALL SALES ARE FINAL. PLEASE CHECK YOUR ORDER CAREFULLY. THERE ARE NO REFUNDS, CANCELLATIONS, OR EXCHANGES.
  3. We reserve the right to perform routine system updates and maintenance on the Service at any time, with or without notice to you. We reserve the right to terminate, suspend, or modify your access to the Service at any time, in whole or in part, in our sole discretion.
  4. By accessing or otherwise using the Service: (i) you represent and warrant that you are legally entitled to enter into these Terms; (ii) you represent and warrant that you are at least 18 years old; (iii) you shall provide accurate, trustworthy, and current information as prompted during the account registration process and shall keep it current at all times; (iv) you shall not allow any other person or entity to access or use your account; (v) you shall comply with all state and local laws of each location in which you access or use the Service; (vi) you shall not share your password or any other login credentials with any other person or publicly disclose it; (vii) you acknowledge that, by accessing or using the Service, certain mobile carrier charges may apply, including SMS messaging charges and data charges; (viii) you shall not transmit worms, viruses or any code of a destructive nature to Holiday Express, other users, or the Service; (ix) you shall have no right to acContentta or Content of other users of the Service; and (x) you shall not impersonate or pass yourself off as someone else, including as other Holiday Express users or employees, at any time or for any reason.

III. Parental Statement. We offer the programs available through the Service (each a “Program”). Although Holiday Express hopes that no visitor is ever injured or hurt, injuries are a possibility of participation in a Program. The risk of injuries is a risk that you, on behalf of yourself and your visitor, voluntarily agree to assume in exchange for the privilege of registering for and participating in a Program. Holiday Express is not responsible under any circumstances for any injuries to visitors. Accordingly, you voluntarily release, discharge, and waive the right to sue the Releasees (as defined below) for any and all losses, demands, claims, suits, causes of action, liability, costs, expenses, and judgments whether arising in equity, at common law, or by statute, under the law of contracts, torts, or property, for personal injury (including without limitation emotional distress), arising in favor of you, a visitor, or anyone claiming through us based upon, in connection with, relating to or arising out of, directly or indirectly, a visitor’s participation in a Program (collectively, “Claims”) EVEN IF ANY SUCH CLAIMS ARE DUE TO THE RELEASEES’ NEGLIGENCE, STRICT LIABILITY WITHOUT REGARD TO FAULT, VIOLATION OF STATUTE OR OTHER FAULT, INCLUDING ANY NEGLIGENT ACT, OMISSION, OR INTENTIONAL ACT INTENDED TO PROMOTE A VISITOR’S SAFETY OR WELL-BEING. On behalf of yourself and your visitor, you hereby give permission to the Releasees to obtain emergency medical treatment for a visitor if any Releasee deems in its sole discretion that such emergency medical treatment is necessary. You, on behalf of yourself and your visitor, acknowledge and agree that any photos, videos, pictorial images, voice recordings, or quotations, including those taken of your visitor or created by any Releasee (including without limitation any taken by any photographer or videographer paid by or volunteering for any Releasee) during or relating to a Program, are the sole property of Holiday Express and may be used in future publications, webpages, promotions, advertisements and exhibits of Holiday Express (or any other person authorized to use such images by Holiday Express) without the need of any additional permission from or consideration to you or your visitor. You release and waive for yourself, your visitor, and anyone claiming through Holiday Express, any Claim based on the right of privacy, right of publicity, moral rights, or any other intellectual property rights related to the rights granted by you to Holiday Express.

IV. Donations. When users of the Service access Holiday Express’s “Donate Now,” Holiday Express may use specific third-party payment processors (“Payment Processors”) to process personal financial information such as name, phone number, address, zip code, and a credit card or bank account information to allow donors to donate to Holiday Express or Holiday Express’s various fundraising efforts, to allow users to register for events, or to enable users to purchase items (collectively, the “Payment Transactions”). This information is provided directly to such Payment Processors by users. Holiday Express does not store this information on its servers or computer systems (except for individual donors who consent to the disclosure of the amount of a donation or the name of the donor party). Such information is used solely to allow users to make Payment Transactions. Except as expressly stated in these Terms or on the Service, Holiday Express has no obligation to provide refunds or credits of Payment Transactions. Still, in each case, it may grant them at Holiday Express’s sole discretion. As a user that initiates any Payment Transactions, you agree that you shall: (i), as a condition to initiating any Payment Transactions, provide a valid credit card or another authorized payment method, and (ii) pay for any Payment Transactions that you create. You expressly authorize Holiday Express and its Payment Processors to charge the payment method you provide for any Payment Transactions you initiate. Your selection of the “Confirm” button upon initiating any Payment Transactions is your electronic signature, and you agree that (a) this signature is the legal equivalent of your wet or manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is physically present.

V. Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide a more personal and interactive experience on the Service. This information is collected to make the Service more useful and tailor your experience to meet your special interests.

VI. Prohibited Uses of the Service

  1. You agree not to use the Service in any way that violates any applicable federal, state, local, or international law or regulation. You further agree not to attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise compromise in any way any parts of the Service or any server, computer, user, or database related to or connected with the Service.
  2. When retrieving information from the Service, you are prohibited from (i) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a standard browser, (ii) aggregating, copying, or duplicating any of the materials or information available from the Service except as authorized Holiday Express, (iii) accessing data not intended for you, or (iv) accessing the Service to benchmark the Service or compete with Holiday Express.

VII. Shared Information and Content. We respect your privacy and the confidential nature of some of the information that may be provided by you or otherwise obtained by us in connection with your use of the Service. By providing personal information through the Service, you agree to the Privacy Policy, which Holiday Express may amend occasionally. The Privacy Policy and any posted terms, guidelines, or legal disclaimers on the Service are hereby incorporated by reference into these Terms. You agree that, except as provided under the Privacy Policy, Holiday Express has unlimited rights to any information other than personal information that you provide to Holiday Express and that Holiday Express may use such data in any way Holiday Express chooses. The Terms subsequently address how Holiday Express can deal with information you provide that is not personal.

VIII. Intellectual Property Content. All Content and functionality on the Service, including text, graphics, logos, icons, images, diagrams, animations, audio, materials, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, software, applications or other technology, or programs underlying or embedded in the preceding, along with any enhancements to or derivative works of (collectively, the “Content”) are owned by Holiday Express, affiliates, licensors, or other providers of such material. The United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect them. Subject to your compliance with these terms, Holiday Express, grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Service and, if applicable, any Content you purchase solely for your own personal, non-commercial use. Sharing, selling, or attempting to transfer your license is prohibited. You must not (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, Content, or in any programs or services; (ii) resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Service, Content, or any programs or services; (iii) create or attempt to create a substitute or similar service or product through the use of or access to the Service, Content, or any proprietary information; (iv) delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service, Content, or any programs or services; or (v) decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Service, Content, or any programs or services. No other license or right is granted. All other rights are reserved. Subject to your compliance with these Terms of Use, you are authorized to view, store, print, reproduce, copy, and distribute any pages containing Content (as identified and permitted by Holiday Express) within the Service for personal use or commercial use within your organization only. You may print off pages of the Service and Content strictly for purposes of your use of the Service; however, if you do so, you agree that you do not acquire any ownership rights in any of that material. This right is non-transferable and non-sublicensable. Considering this authorization, you agree that any copy of these documents you make shall retain all copyright and other proprietary notices contained in such documents.

IX. Disclaimers

  1. Holiday Express provides information through the Service. While Holiday Express has undertaken efforts to deliver accurate information, it is not comprehensive. Holiday Express does not commit to updating the information at any particular time, and the information on the Service may be outdated. Information on the Service may also be changed at any time without notice. As a result, the information may not be accurate, up-to-date, or applicable to the circumstances of any particular case. Any decisions you make based on information contained in the Service are solely your responsibility.
  2. Holiday Express disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. This does not affect any warranties that cannot be excluded or limited under applicable law. We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of SServiceor items obtained through SServiceor to your downloading of any material posted on it, or any website linked to it.
  3. Your use of the Content, its Content, and any items obtained through the Service is at your own risk. The Content, its Content, information, and any items obtained through the Service are provided on an “as is” and “as available” basis without any warranties, either express or implied. We make no warranty or representation of any kind concerning the completeness, security, reliability, quality, accuracy, functionality, features, or availability of the Service. Without limiting the foregoing, neither Holiday Express nor anyone associated with Holiday Express represents or warrants that the Content, its Content, or any items obtained through the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our services or the server that makes it available are free of viruses or other harmful components, or that the Service or any items obtained through the Service will otherwise meet your needs or expectations.
  4. Holiday Express does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party through the Service or any hyperlinked website or Service, and Holiday Express will not be a party to and is not responsible in any way for monitoring any transaction between you and third-party providers of products or services.

X. Waiver, Release, and Assumption of Risk. BEING FULLY AWARE OF ALL SUCH RISKS, IN CONSIDERATION OF BEING PERMITTED TO USE THE SERVICE, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, KNOWINGLY ASSUME THE RISK OF SUCH USE AND DO HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE AND WAIVE ANY AND ALL CLAIMS, OBLIGATIONS, DEMANDS, CAUSES OF ACTION OR LIABILITY OF ANY KIND WHATSOEVER, WHETHER KNOWN OR UNKNOWN, IN LAW, EQUITY OR OTHERWISE IN TORT, CONTRACT OR OTHERWISE, AGAINST HOLIDAY EXPRESS AND EACH OF ITS AFFILIATES, PREDECESSORS, SUCCESSORS, OFFICERS, DIRECTORS, OFFICIALS, AGENTS, MEMBERS, VOLUNTEERS, EMPLOYEES AND/OR OTHER USERS (COLLECTIVELY, THE “RELEASEES”) UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, ANY INFORMATION OBTAINED, ENTERED, OR ACCESSED THROUGH THE SERVICE, INCLUDING ALL CLAIMS WITH RESPECT TO (I) GROSS NEGLIGENCE, NEGLIGENCE OR NEGLIGENCE PER SE (WHETHER SOLE, JOINT OR CONCURRENT) OF ANY RELEASEE, STRICT LIABILITY OR PREMISES LIABILITY; (II) PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE; (III) ACTS OF OTHER USERS; AND (IV) ANY OTHER RISKS OR HAZARDS ASSOCIATED WITH YOUR USE OF THE CONTENT (COLLECTIVELY, THE “RELEASED CLAIMS”). WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT NO RELEASEE WILL BE LIABLE TO YOU OR ANY CHILDREN IN OUR CARE FOR PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, FAILURE TO COMPLY WITH ANY GOVERNMENT REGULATION OR REQUIREMENT, OR ANY OTHER CLAIM ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.

XI. Indemnification. YOU, FOR YOURSELF AND ON BEHALF OF YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN, HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES WITH RESPECT TO ANY AND ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), OBLIGATIONS, LIENS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION, THREATENED OR ACTUAL, THAT ANY ONE OF THE RELEASEES MAY SUFFER OR INCUR ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH: (I) YOUR ACCESS OR USE OF THE SERVICE; (II) YOUR BREACH OF THESE TERMS OF USE; (III) YOUR SUBMISSION OR TRANSMISSION OF ANY CONTENT TO OR THROUGH THE SERVICE; (IV) YOUR OR OUR ACCESS OR USE OF ANY CONTENT; (V) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER (INCLUDING INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS OR RIGHTS TO PRIVACY); OR (VI) LIABILITIES, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND, INCLUDING ATTORNEYS’ FEES, IN ANY WAY CONNECTED WITH OR ARISING OUT OF A RELEASED CLAIM. THE FOREGOING INDEMNIFICATION SHALL SURVIVE ANY TERMINATION OR THE EXPIRATION OF THE TERM OF THIS AGREEMENT.

XII. Miscellaneous.

  1. A. Entire Agreement. These Terms of Use and the Privacy Policy contain the entire Agreement between Holiday Express and you concerning your access and use of the Service. These Terms of Use supersede and replace any prior agreements between Holiday Express and you regarding using the Service and any Programs. These Terms of Use may not be modified or superseded by Holiday Express’s acceptance of any offer from you or any other person.
  2. Severability. Suppose a court of competent jurisdiction finds any provision of these Terms of Use or a portion thereof unenforceable. In that case, that provision shall be enforced to the maximum extent permissible to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. No waiver by Holiday Express of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. By continuing to access or use the Service or Programs after those revisions become effective, you agree to be bound by the revised terms.
  3. Waiver. If we waive enforcement of any provision in these Terms, we are not obligated to continue to waive it.
  4. No Third-Party Beneficiaries. No other person or company will be third-party beneficiaries of these Terms.
  5.  Governing Law. This Agreement shall in all respects be interpreted, enforced, and governed under the laws of the State of New Jersey in the United States, without regard to any rules of conflict of laws.
  6. Arbitration. Suppose there is any dispute, claim, question, or disagreement concerning or relating to these Terms of Use or the Service (a “Dispute”). In that case, you shall notify Holiday Express in writing to attempt to resolve such Dispute in good faith negotiations. For a period of 30 days following such notification, you and Holiday Express shall each use your best efforts to settle any such Dispute in these good faith negotiations, which shall be a condition precedent to either party initiating arbitration. You agree that any Dispute must be filed within one year after it first arises, or it is forever barred. All Disputes, regardless of the grounds upon which such Dispute is brought, shall be settled by binding arbitration conducted by a single, independent arbitrator and administered by the American Arbitration Association Commercial Arbitration Rules and procedures then in effect, but excluding any rules or procedures governing or permitting class actions. By agreeing to arbitrate all Disputes, each party waives all rights to a trial by jury in any action or proceeding involving any Disputes. The arbitration shall take place in Monmouth County, New Jersey. You agree to submit to the personal jurisdiction of any federal or state court in Monmouth County, New Jersey, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. You waive any argument that such forum does not have personal jurisdiction, is not appropriate, or is inconvenient. You further agree that all Disputes and causes of action arising out of or in connection with the Service shall be resolved individually without resorting to any form of class action and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Dispute of any other party – the arbitrator shall have no authority to arbitrate any Dispute as a class action or in any other form other than on an individual basis. Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.
  7. Assignment. We may assign our rights or delegate our obligations under these Terms of Use at any time. However, you may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, which we may grant or refuse in our sole discretion.