Terms and Conditions
1. Your Acceptance of Terms
HashTravel Inc. (“HashTravel”, “RoadGoat”, "us", "we", or "our"), a Delaware corporation, operates web and mobile applications (the “Site”). The Site is provided exclusively to promote interaction among the travel community, to enable gathering and sharing of travel recommendations, and to search for and book travel reservations. The term “you” and “user(s)” refers to a customer visiting and/or using the Site.
2. Modification of These Terms
3. Services Provided on Site
You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
We reserve the right to charge fees for any portion of the Site and to change fees over time at our own discretion. If we terminate your membership because you have breached these Terms, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
6. Intellectual Property
Additionally, you agree not to:
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. In the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, please alert us immediately through our Contact Us page.
7. Content You Contribute
Some areas of the Site allow users to post or submit content such as profile information, documents, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Service is “User Content”). Hosts retain ownership of workspace content.
You expressly agree not to upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
8. Rights to Content You Contribute
Anything submitted to the Site results in granting Hashtravel and its affiliates a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works to use any of that content in any way with or without attribution, including creating derivative works of the content.
9. Content Contributed by Other Users
We assume no responsibility or liability for any information, media, hyperlinks, or recommendations provided to you or through the Site by other users. If you become aware of misuse of the Site, please alert us immediately through our Contact Us page.
10. DMCA Policy
Since we respect artist and content owner rights, it is HashTravel’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify HashTravel’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent (we prefer email):
Attn DMCA Notice
103 Meserole Street, #4B
Brooklyn, NY 11206
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying HashTravel, Inc and its Affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, HashTravel, Inc has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Hashtravel, Inc may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Links to Third-Party Sites
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
13. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR AND MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, RELIABILITY, OR SPECIFIC RESULTS OF CONTENT OR INFORMATION SUBMITTED ON THE SITE. CONTENT OR INFORMATION SUBMITTED BY YOU OR OTHER USERS ON THE SITE DOES NOT NECESSARILY REFLECT OUR OPINIONS OR POLICIES AND MAY CONTAIN FALSE OR MISLEADING INFORMATION. ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR ANY INJURY, DAMAGE, OR LOSSES CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR SOFTWARE USED BY THE SITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER ON THE SITE. WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED ON THE SITE, NOR DO WE TAKE RESPONSIBILITY FOR PRODUCTS OR SERVICES THAT THEY PROMOTE.
14. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
17. Jurisdiction and Governing Law
This Site is controlled from our offices within the State of New York, USA. This Agreement is governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the State of New York, USA.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.