{"id":4071,"date":"2017-05-01T21:40:55","date_gmt":"2017-05-01T21:40:55","guid":{"rendered":"https:\/\/57hours.com\/?page_id=4071"},"modified":"2024-06-25T06:57:29","modified_gmt":"2024-06-25T06:57:29","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/57hours.com\/terms-of-use\/","title":{"rendered":"Terms of service"},"content":{"rendered":"

Please read these Terms of Service (\u201cTerms of Service\u201d or \u201cTerms\u201d) carefully before using the 57hours Internet web site or mobile application (the \u201cService\u201d).<\/span><\/p>\n

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to and\/or do access or use the Service in any fashion or form, without limitation.<\/span><\/p>\n

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.<\/span><\/p>\n

These Terms contain an arbitration clause, waiver of the right to jury trial, and class action waiver. <\/span>By agreeing to these Terms, you agree (a) to resolve all disputes (with limited exception) related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in a class actions, class arbitrations, or representative actions, as set forth below. You have the right to opt-out of the arbitration clause and the class action waiver as explained below.<\/span><\/p>\n

Minimum Age<\/b><\/h3>\n

To use the Services, you must be 18 years of age or such older minimum age in your place of residence as is required to enter into binding contracts.<\/span><\/p>\n

Scope of Service<\/b><\/h3>\n

The Service enables users (\u201cMembers\u201d) and third party guides (\u201cGuides\u201d) who offer guided outdoor trips (\u201cAdventures\u201d) to connect.\u00a0 Members can browse Guides and the Adventures they offer (\u201cListings\u201d) within the Service, communicate directly with Guides, and book an Adventure with a Guide (\u201cBooking(s)\u201d). Once a Member completes a Booking, they become a client of that Guide (\u201cClient\u201d).\u00a0 Payment made to the Guide is facilitated through a third-party payment processor (\u201cPayment Processor\u201d).<\/span><\/p>\n

57hours does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Bookings. Guides alone are responsible for their Listings and Bookings. When Members make, and a Guide accepts a Booking, they are entering into a contract directly with each other. 57hours is not and does not become a party to any contractual relationship formed between Members and Guides, nor is 57hours an insurer or guarantor of the delivery of any Listing, Booking, or other contractual obligation.<\/span><\/p>\n

Accounts<\/b><\/h3>\n

When you create an account with 57hours mobile application, you represent to us that you are eighteen years of age or older, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.<\/span><\/p>\n

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and\/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and\/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.<\/span><\/p>\n

57hours reserves the right to refuse service, terminate accounts, remove or edit content, or cancel Listings or Bookings in our sole discretion.<\/span><\/p>\n

Communications<\/b><\/h3>\n

By creating an Account on our service, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by unchecking the option in the mobile application or by following the unsubscribe link or instructions provided in any email we send.<\/span><\/p>\n

Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that 57hours may contact you via telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of participating in the Service. You also understand that you may opt out of receiving text messages from us at any time, <\/span>by contacting support@57hours.com<\/span>. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy<\/a>.<\/span><\/p>\n

Payments<\/b><\/h3>\n

If you wish to purchase any product or service, or make a Booking made available through the Service, you may be asked to supply certain information relevant to your payment for those items (\u201cPayment\u201d) including, without limitation, the name that appears on your card, your credit card number, the expiration date of your credit card, and your billing address.<\/span><\/p>\n

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payment; and that (ii) the information you supply to us is true, correct and complete.<\/span><\/p>\n

57hours employs the use of a Payment Processor. By submitting your information, you grant us the right to provide any information you provide to us to the Payment Processor subject to our Privacy Policy<\/a>.<\/span><\/p>\n

We reserve the right to refuse or cancel your Booking at any time for reasons including but not limited to: service availability, errors in the description or price of the service, technical errors, payment errors or other reasons.<\/span><\/p>\n

We reserve the right to refuse or cancel your Booking if fraud or an unauthorized or illegal transaction is suspected.<\/span><\/p>\n

Terms Specifically Applicable to Members and Clients<\/b><\/h3>\n

Subject to meeting any requirements set by the Guide, you can book a Listing available in the Service by following the respective booking process. All applicable fees, including the Guide tip, Client Fee and any applicable taxes or access, entry, or other fees (collectively, \u201cTotal Fees\u201d, \u201cService Fee\u201d) will be presented to you prior to Booking. You agree to pay the total Fees for any Booking requested or made in connection with your 57hours account.<\/span><\/p>\n

Upon receipt of a booking confirmation from 57hours, we will identify a Guide that we believe may be the best fit for you and your objectives.\u00a0 A legally binding agreement is formed between you and the Guide only after we have sent you an email notifying you that we have assigned a Guide for your Booking. The binding agreement is subject to any additional terms and conditions of the Guide that apply, including the applicable cancellation policy and any rules and restrictions specified in the Listing or provided to you by the Guide.<\/span><\/p>\n

If you book a Guide Service on behalf of additional individuals, you are required to ensure that every additional individual meets any requirements set by the Guide, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Guide. If you are booking for an additional individual who is a minor, you represent and warrant that you are the parent or legal guardian of the minor. The Guide may, in his or her sole discretion, require you to sign a liability waiver or assumption of risk form.<\/span><\/p>\n

You should carefully review the description of any Listing you intend to book to ensure you (and any additional individuals you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Guide has specified in their Listing. It is your responsibility to inform the Guide of any medical or physical conditions, or other circumstances that may impact your and any additional individual\u2019s ability to safely participate in any activity that is contemplated by the Listing you book.<\/span><\/p>\n

Cancellations<\/b><\/h3>\n

Client can cancel a confirmed Booking at any time subject to the Guide\u2019s cancellation policy set forth in their Listing, and 57hours will provide any appropriate refund to the Client in accordance with such cancellation policy.\u00a0\u00a0<\/span><\/p>\n

Irrespective of the listed cancellation policy, Guide may modify or cancel a guided trip contemplated in a Booking if inclement weather or other environmental or weather related conditions creates an unsafe or inappropriate (in the Guide\u2019s sole discretion) scenario for the Client or the Guide. If there is a substantial change in the itinerary or the Guide Service needs to be cancelled, 57hours will work with the Guide to provide Client an alternative date for the guided trip contemplated in the Booking, or an appropriate refund.<\/span><\/p>\n

By its very nature, mountaineering and other backcountry adventures are an uncertain endeavor, and many factors can influence the outcome of a trip. While we understand that reaching your intended objective is important, guides will make every effort to do so safely, it is not guaranteed that you will achieve all the objectives you may have set for yourself or as described in the trip contemplated in your Booking. Factors such as weather, route conditions, or your own abilities may create circumstances that make continuing with the trip unsafe or unwise, and you or your party may have to descend before reaching the summit or modify the trip before or without accomplishing your objectives. Accordingly, once a trip begins, we are unable to offer refunds for weather related cancellations, or for trips that end prematurely due to weather, route conditions or circumstances within, or affecting, your group. Further, if you decide for any reason not to begin or continue with your trip, no credits or refunds will be given.<\/span><\/p>\n

Content<\/b><\/h3>\n

Our Service allows you to post, link, share and otherwise make available certain information, text, graphics, photos, videos, or other material (\u201cContent\u201d). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.<\/span><\/p>\n

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and\/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on or otherwise violating a copyright, right of publicity or privacy, or other intellectual property right.<\/span><\/p>\n

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. The right to modify includes, without limitation, the right to crop, re-size, and frame your Content.\u00a0 You agree that this license includes the right for us to make your Content available for viewing by other users of the Service, who may access your Content subject to these Terms.<\/span><\/p>\n

57hours has the right but not the obligation to monitor and edit all Content provided by users.<\/span><\/p>\n

In addition, Content found on or through this Service are the property of 57hours or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from 57hours.<\/span><\/p>\n

Rights We Grant You<\/b><\/h3>\n

Right to Use the Services<\/b><\/h4>\n

We hereby permit you to use the provided that you comply with these Terms in connection with all such use. \u00a0If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that 57hours, in its sole discretion, may elect to take.<\/span><\/p>\n

Restrictions on your Use of the Services<\/b><\/h4>\n

You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:<\/span><\/p>\n

    \n
  • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;<\/span><\/li>\n
  • duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;<\/span><\/li>\n
  • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;<\/span><\/li>\n
  • exploit the Services for any commercial purpose other than is permitted by Guides, including without limitation communicating or facilitating any commercial advertisement or solicitation;<\/span><\/li>\n
  • access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party\u2019s access to or use of the Services or use any device, software or routine that causes the same;<\/span><\/li>\n
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Services, or circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;<\/span><\/li>\n
  • use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, \u201cmines,\u201d scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;<\/span><\/li>\n
  • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; violate any applicable law or regulation in connection with your access to or use of the Services;\u00a0or<\/span><\/li>\n
  • access or use the Services in any way not expressly permitted by these Terms.<\/span><\/li>\n<\/ul>\n

    Links To Other Web Sites<\/b><\/h3>\n

    Our Service may contain links to third party web sites or services that are not owned or controlled by 57hours.<\/span><\/p>\n

    57hours has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities\/individuals or their websites.<\/span><\/p>\n

    You acknowledge and agree that 57hours shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.<\/span><\/p>\n

    We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.<\/span><\/p>\n

    Termination<\/b><\/h3>\n

    57hours may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.<\/span><\/p>\n

    If you wish to terminate your account, you may simply discontinue using the Service.<\/span><\/p>\n

    All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.<\/span><\/p>\n

    Indemnification<\/b><\/h3>\n

    You agree to defend, indemnify and hold harmless 57hours and its subsidiaries and affiliates and each of their directors, officers, employees, contractors, partners, agents, suppliers, assigns, licensors or affiliates (each, a \u201cCompany Party\u201d) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney\u2019s fees), brought by any third party in connection with or arising out of (a) your use of and access to the Service, by you or any person using your account and password; (b) a breach of these Terms; (c) Content posted by you on the Service; or (d) any event, accident, incident or happening arising out of or in any way connected with a Booking (or an Adventure arising therefrom).\u00a0 If you are obligated to indemnify any Company Party under these Terms, then you agree that 57hours (or, at its discretion, the applicable Company Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company Party wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company Party in the defense or settlement of such claim.<\/span><\/p>\n

    Limitation of Liability<\/b><\/h3>\n

    In no event shall the Company Parties 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.<\/span><\/p>\n

    Release of Liability<\/b><\/h3>\n

    In consideration of the service provided to me by 57hours, <\/span>YOU HEREBY AGREE NOT TO SUE<\/b> 57hours, its affiliated companies and subsidiaries or any of their respective successors in interest, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a \u201cReleased Party\u201d) for any property damage (including but not limited to equipment damage), disappearance, injury or loss to me, including death, which you may suffer, arising from or in any way connected with my use of the Service.\u00a0 By accepting these Terms of Service and specifically this agreement not to sue, you are releasing any right to make a claim or file a lawsuit against any Released Party. You agree to hold harmless and release each and every Released Party from any and all liability and\/or claims or causes of action for injury, disappearance, or death to persons or damage to property arising from my participation in the Activity, <\/span>INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY\u2019S ALLEGED OR ACTUAL NEGLIGENCE<\/b> or breach of any contract and\/or express or implied warranty.<\/span><\/p>\n

    Disclaimer<\/b><\/h3>\n

    Your use of the Service is at your sole risk. The Service is provided on an \u201cAS IS\u201d and \u201cAS AVAILABLE\u201d basis. To the maximum extent permitted under applicable law, the Service is provided 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.\u00a0 Without limiting the foregoing, 57hours does not warrant that a) the Service will function uninterrupted, secure, free of errors, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.<\/span><\/p>\n

    Exclusions<\/b><\/h3>\n

    THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THESE TERMS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.<\/span><\/p>\n

    Arbitration; Jury Trial and Class Action Waiver<\/b><\/h3>\n

    PLEASE READ THIS SECTION CAREFULLY \u2013 IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.<\/span><\/p>\n

    Informal Process First<\/strong><\/h4>\n

    You and 57hours agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. \u00a0Both you and 57hours agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.<\/span><\/p>\n

    Agreement to Arbitrate<\/strong><\/h4>\n

    After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, \u201cClaim\u201d) relating in any way to 57hours\u2019 services and\/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and 57hours agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS\u00a0under its Comprehensive Arbitration Rules and Procedures (the \u201cJAMS Rules\u201d) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). \u00a0Because your contract with 57hours, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (\u201cFAA\u201d) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.\u00a0Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.\u00a0<\/span><\/p>\n

    Waiver of Jury Trial<\/strong><\/h4>\n

    By agreeing to these Terms, you and 57hours are each waiving the right to trial by jury.<\/span><\/p>\n

    Exceptions<\/strong><\/h4>\n

    Notwithstanding the foregoing, you and 57hours agree that the following types of disputes will be resolved in a court of proper jurisdiction:<\/span><\/p>\n

      \n
    • disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;<\/span><\/li>\n
    • disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or<\/span><\/li>\n
    • disputes relating to intellectual property.<\/span><\/li>\n<\/ul>\n

      Costs of Arbitration<\/strong><\/h4>\n

      Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, 57hours will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).<\/span><\/p>\n

      Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse 57hours for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by 57hours before the arbitrator was appointed, 57hours will pay you the amount it offered in settlement. \u00a0The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator\u2019s ruling on the merits<\/span><\/p>\n

      Opt-Out<\/strong><\/h4>\n

      You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@57hours.com <\/span>or to the U.S. mailing address listed in the \u201cHow to Contact Us\u201d section of these Terms. The notice must be sent to 57hours within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. \u00a0You may not opt out of only the class action waiver and not also the arbitration provisions. \u00a0If you opt-out of these arbitration provisions, 57hours also will not be bound by them.<\/span><\/p>\n

      WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS.<\/b><\/p>\n

      To the fullest extent permitted by applicable law, you and 57hours each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY\u2019S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (\u201cCLASS ACTION\u201d). \u00a0You and 57hours AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. \u00a0You and 57hours EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. \u00a0If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. \u00a0Further, you and 57hours agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON\u2019S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. \u00a0For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.<\/span><\/p>\n

      IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES\u2019 AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. \u00a0 If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.<\/span><\/p>\n

      Governing Law and Jurisdiction<\/b><\/p>\n

      These Terms shall be governed and construed in accordance with the laws of Wyoming, without regard to the conflict of law provisions of any court having jurisdiction over any complaint arising from or connected with your use of the Service.\u00a0 Exclusive jurisdiction for any claims arising out of or in any way connected with your use of the Service covered by any exclusion to the arbitration provision above is the Teton County, Wyoming, District Court.<\/span><\/p>\n

      The Services are operated by us in the United States of America. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.<\/span><\/p>\n

      Ownership<\/b><\/h3>\n

      Ownership of the Services<\/b>. The Services, including their \u201clook and feel\u201d (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that 57hours and\/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. \u00a0We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.<\/span><\/p>\n

      Ownership of Trademarks<\/b>. 57hours\u2019 name, 57hours\u2019 logo and all related names, logos, and service names, designs and slogans are trademarks of 57hours or its affiliates or licensors. \u00a0Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. \u00a0<\/span><\/p>\n

      Ownership of Feedback<\/b>. We welcome feedback, comments and suggestions for improvements to the Services (\u201cFeedback\u201d). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of 57hours, and 57hours may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to 57hours any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback<\/span><\/p>\n

      California Residents<\/b><\/h3>\n

      If you are a California resident, in accordance with Cal. Civ. Code \u00a7 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.<\/span><\/p>\n

      Miscellaneous<\/b><\/h3>\n

      The failure of 57hours to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.\u00a0 The section headings used in these Terms are for convenience only and shall not be read to have any legal effect.<\/span><\/p>\n

      Changes<\/b><\/h3>\n

      57hours reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days\u2019 notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.<\/span><\/p>\n

      By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.<\/span><\/p>\n

      Contact Us<\/b><\/h3>\n

      If you have any questions about these Terms, please contact us at support@57hours.com.<\/span><\/p>\n

      Notice of Copyright Infringement <\/b><\/h3>\n

      If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the \u201cDMCA\u201d), by providing the following information in writing:<\/span><\/p>\n

        \n
      • identification of the copyrighted work that is claimed to be infringed;<\/span><\/li>\n
      • identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;<\/span><\/li>\n
      • information for our copyright agent to contact you, such as an address, telephone number and e-mail address;<\/span><\/li>\n
      • a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;\u00a0<\/span><\/li>\n
      • a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and<\/span><\/li>\n
      • the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.<\/span><\/li>\n<\/ul>\n

        Notices of copyright infringement claims should be sent by mail to: 57hours, Attn: Copyright Agent, 58 Metropolitan Ave, Brooklyn, New York 11249<\/span>; or by e-mail to support@57hours.com<\/span>.\u00a0 It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.<\/span><\/p>\n

        A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA.\u00a0<\/span><\/p>\n

        When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion.<\/span> To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.<\/span><\/p>\n

        \u00a0<\/p>\n

        Last Updated: <\/span>March 2024.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

        Please read these Terms of Service (\u201cTerms of Service\u201d or \u201cTerms\u201d) carefully before using the 57hours Internet web site or mobile application (the \u201cService\u201d). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to […]<\/p>\n","protected":false},"author":237,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-templates\/with-title.php","meta":{"footnotes":""},"acf":[],"yoast_head":"\nTerms of service | 57hours<\/title>\n<meta name=\"description\" content=\"Please read these Terms of Service (\u201cTerms\u201d, \u201cTerms of Service\u201d) carefully before using the 57hours mobile application (the \u201cService\u201d).\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/57hours.com\/terms-of-use\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms of service | 57hours\" \/>\n<meta property=\"og:description\" content=\"Please read these Terms of Service (\u201cTerms\u201d, \u201cTerms of Service\u201d) carefully before using the 57hours mobile application (the \u201cService\u201d).\" \/>\n<meta property=\"og:url\" content=\"https:\/\/57hours.com\/terms-of-use\/\" \/>\n<meta property=\"og:site_name\" content=\"57hours - 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