2. Communications. When you provide Stranger’s Guide with contact information in connection with a particular product or service or otherwise when using the Service, such as an email address or telephone number, you agree that this action constitutes express consent for Stranger’s Guide to communicate with you using the contact information obtained directly from you or which is provided with your consent. You attest that you have the legal authority over any contact information provided to Stranger’s Guide and can provide Stranger’s Guide and third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by email, telephone or mobile telephone number (including use of automated dialing equipment, text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law. Please keep your contact information up to date as you are solely responsible for any contact information you provide to Stranger’s Guide.
3. Billing. Please refer to the applicable offer for a description of products and services offered by Stranger’s Guide. The terms and conditions of any offer disclosed to you when ordering are deemed part of these Terms.
Some products and services are billed on a subscription basis. If you purchase a subscription, Stranger’s Guide will bill you the applicable fee periodically for the offer you selected (the “Fee”) using the billing and purchasing information you provide (the “Billing Information”). By providing your Billing Information, you authorize Stranger’s Guide to charge your chosen payment provider (your “Payment Method”) pursuant to the offer you accepted, including any recurring Fees for any automatically renewing subscription until you affirmatively cancel the subscription or change your Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit card issuer, credit card issuer, or other provider of your chosen Payment Method (the “Payment Method Provider”). All Fees are in U.S. Dollars, unless otherwise indicated. Depending upon your debit or credit card’s currency and the country in which your card was issued, your debit or credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that provider. If Stranger’s Guide does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event Stranger’s Guide is advised of insufficient funds in your account or credit to cover your payment by your Payment Method, Stranger’s Guide may re-present such un-cleared or rejected payment to your Payment Method Provider. In the event Stranger’s Guide has to collect unpaid amounts you owe, you will be liable for all collection costs, including attorneys’ and collection agency fees. Stranger’s Guide reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. In the event Stranger’s Guide cannot charge the Payment Method you provide, it reserves the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify Stranger’s Guide if your Payment Method is canceled (e.g. for loss or theft). If you fail to notify Stranger’s Guide, you remain responsible for any continued charges to the Payment Method you have provided.
For purposes of identification and billing, you agree to provide Stranger’s Guide with accurate, complete, and updated Billing Information required when purchasing online or offline, and provide Stranger’s Guide and its third party payment processor express authorization to charge the Fee at the time of purchase. Failure to comply with this provision (including, without limitation, falsification of any Billing Information) may result in immediate suspension or termination of your right to use the Service.
Stranger’s Guide reserves the right to change the Fees for its products and services and will provide notice of any increase prior to your being charged.
If you order any product or service under a special introductory offer (e.g. a discounted or free trial), you are subject to the terms of the offer you accepted, and, unless you cancel within the time frame presented in the offer, the applicable regular Fee for the products or services you selected will be posted to your Payment Method after the introductory offer or trial period is completed. Stranger’s Guide reserves the right to limit any introductory or trial offer.
4. Intellectual Property Rights. The content displayed on the Service, including, but not limited to, pictures, digital images, graphics, music, video, audio, and text, as well as its selection, arrangement, and design (collectively, the “Content”) is the property of Stranger’s Guide or its licensors and is protected by intellectual property laws. The Content may be used only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing and using the Service, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast, or circulate the Content to anyone, except to the extent necessary to access or use the Service. All rights not expressly granted herein are hereby reserved.
You agree to grant Stranger’s Guide a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, promote, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell all comments, feedback, or other materials you submit or make available for the Service (collectively, “Feedback”) in any format now known or hereafter created, and to use your name and other identifying information you provide in connection with that Feedback, without compensation to you. You also permit any visitor or member of the Service to use such Feedback for personal use as described above.
5. Disclaimer of Warranties and Liability. Stranger’s Guide provides the Service strictly on an “as is” basis and does not guarantee that the Service will function without interruption or errors in functioning, or be virus-free. The operation of the Service may be interrupted due to maintenance, updates, or system or network failures. The Service includes facts, views, opinions, and recommendations of individuals and organizations deemed of interest, and Stranger’s Guide does not endorse these views, opinions, and recommendations. TO THE EXTENT PERMITTED BY LAW, Stranger’s Guide SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT IS Stranger’s Guide OR ITS MEMBERS, MANAGERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.
6. Links to Third Party Services. The Service may include links to third party websites or other resources operated by persons other than Stranger’s Guide (“Third Party Sites”). Stranger’s Guide is not responsible for and does not endorse any features, content, advertising, products, or other materials on or available from Third Party Sites. You are solely responsible for determining the extent to which you want to access or use a Third Party Site, and Stranger’s Guide is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such information or materials available through, or any of your information collected on a Third Party Site.
7. Use of Service. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Stranger’s Guide. Appropriate legal action may be taken for any illegal or unauthorized use of the Service.
You understand and agree that Stranger’s Guide, in its sole discretion, may interrupt availability of, modify, replace, refuse access to, or discontinue the Service at any time, for any reason, without notice and without any liability to you. Stranger’s Guide may change or modify its Fees upon prior written notice to you. Stranger’s Guide is not liable for any interruption of the Service, or delay or failure to perform. Your only right with respect to any dissatisfaction with the Service or any interruptions or modifications made pursuant to this provision, or any other policy or procedure in providing the Service, is to cancel your order or stop using the Service.
Nothing about the Service shall constitute a binding offer to sell, distribute, or give away any products or services. Stranger’s Guide reserves the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by Stranger’s Guide after you have been charged, Stranger’s Guide will issue a credit. Stranger’s Guide reserves the right at any time to limit the quantities of products or services which you, your family, or any group seek.
8. Dispute Resolution. These Terms, your rights and obligations, and all actions contemplated by these Terms, shall be construed in accordance with the laws of the State of Texas, without regard to conflicts of laws principles, as if these Terms were a contract wholly entered into and wholly performed within the State of Texas. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
In the event a dispute arises between you and Stranger’s Guide that cannot be resolved by mediation, such dispute shall be resolved by submitting the dispute to binding arbitration. Such arbitration shall be administered by the American Arbitration Association pursuant to its rules and procedures. The judgment or award rendered in any such arbitration shall be final and binding, absent fraud or gross error, and may be entered in any court having jurisdiction. Unless required by law, no party to the arbitration may disclose the existence, contents, or results of the arbitration proceeding without the prior written consent of all other parties involved in the arbitration.
9. User Obligations. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You agree to provide true, accurate, current, and complete information about yourself upon registration and thereafter. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Stranger’s Guide of any unauthorized use of your password or account or any other breach of security. The Service is controlled and operated by Stranger’s Guide from its offices within the United States. Stranger’s Guide makes no representation that the Service is appropriate or available for use in other locations, and access to such materials or use of the Service from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You agree to comply with all local rules regarding online conduct and acceptable Feedback, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree not to use the Service to:
(1) upload, post, email, transmit, or otherwise make available (“Post”) any Feedback that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information); or
(iii) that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
(2) harm minors in any way;
(3) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) Post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(5) Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(6) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(7) violate any applicable local, state, national, or international law, intentionally or unintentionally;
(8) “stalk” or otherwise harass another; or
(9) collect or store personal data about other users.
You agree to be fully responsible for your own Feedback. Stranger’s Guide acts as a venue for you to Post your Feedback. While Stranger’s Guide has the right to refuse to post or remove, edit or abridge any Feedback for any reason, it is otherwise not involved in the writing or decisions as to the Feedback of its users. As a result, Stranger’s Guide has no control over the quality, accuracy, or legality of the Feedback on the Service. All Feedback posted on the Service is the sole responsibility of the person from whom such Feedback originated. In the event that you have a dispute with a user of the Service, you release Stranger’s Guide and its officers, members, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to indemnify and hold Stranger’s Guide and its officers, members, and employees harmless from any claims, damages, losses, or costs (including reasonable attorneys’ fees) that arise out of any of your Feedback, including, without limitation, any Feedback Posted or otherwise provided by you that infringes any copyright, trademark, or intellectual property right of any person, defames any person, violates any person’s rights of publicity or privacy, or otherwise violates these Terms.
11. Trademark Information. The Stranger’s Guide logo, Stranger’s Guide, and all other trademarks, service marks, logos, and trade names displayed on the Service (the “Stranger’s Guide Marks”) are the trademarks of Stranger’s Guide. You agree not to display or use the Stranger’s Guide Marks in any manner without the prior written consent of Stranger’s Guide.
12. General Provisions. The failure of Stranger’s Guide to partially or fully exercise any rights of these Terms, or the waiver of Stranger’s Guide of any breach of these Terms by you, will not prevent a subsequent exercise of such rights by Stranger’s Guide or be deemed a waiver by Stranger’s Guide of any subsequent breach by you of the same or any other condition of these Terms. The rights and remedies of Stranger’s Guide under these Terms, its policies, and any other applicable agreement between you and Stranger’s Guide will be cumulative, and the exercise of any such right or remedy will not limit the right of Stranger’s Guide to exercise any other right or remedy.
If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Headings in these Terms are for convenience of reference only and will not affect the interpretation or construction of these Terms.
These Terms do not create third party beneficiary rights enforceable by third parties.
These Terms and the policies incorporated herein are the entire and final agreement between you and Stranger’s Guide regarding the Service and the Content. They supersede any and all prior or contemporaneous agreements between you and Stranger’s Guide regarding the Service of the Content. Stranger’s Guide may assign these Terms, in whole or in part, at any time.