Terms of Service
September 30, 2012
Please read this agreement carefully.
The Wall Street Experience LLC (“The Wall Street Experience” or “we”) operates www.thewallstreetexperience.com and conducts walking tours, activities, seminars and events, collectively, together with any other services, features, content, advertisements or applications offered from time to time by The Wall Street Experience, called the “The Wall Street Experience Services”.
By accessing, participating in or using The Wall Street Experience Services, you agree to be bound, for yourself and for any third person(s) whose participation in The Wall Street Experience Services your entry into this Agreement enables by this agreement (the “Agreement”).
1. Assumption of Risk. You agree that you know and understand the scope, nature and extent of the risks involved in participating in The Wall Street Experience Services, as the activities in such walks are described on TheWallStreetExperience.com, and that some dangers cannot be foreseen. You understand these risks include, but are not limited to: defects in the streets and sidewalks; proximity to vehicle and other traffic; poor lighting; carelessness or negligence of The Wall Street Experience Services tour leaders or other participants in The Wall Street Experience Services; negligent instruction or supervision. YOU VOLUNTARILY, FREELY, AND EXPRESSLY CHOOSE TO INCUR ALL RISKS ASSOCIATED WITH THE WALL STREET EXPERIENCE SERVICES, understanding that those risks may include bodily and personal injury, damage to property, disfigurement or death.
2. Release of Liability. You HEREBY RELEASE AND DISCHARGE THE WALL STREET EXPERIENCE, and its tour guides, officers, directors, affiliates, subcontractors, sponsors, partners, agents and employees (collectively, “Releasees”), from any and all liability, claims, demands, expenses, or causes of action whatsoever arising out of any damage, loss or injury to you or your property, or your death, while participating in any The Wall Street Experience Services or other activities covered by this agreement, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause. You specifically waive any unenforceability or public policy argument that you could make or could be made on behalf of your estate or by anyone who would sue the Releasees as a result of your participation in the activities covered by this Agreement.
3. Agreement not to Sue. You agree that neither you nor your heirs, executors, administrators, personal representatives, or any one else claiming on your behalf, shall ever institute any lawsuit or cause of action against any of the Releasees, or initiate or assist in the prosecution of any claim for damages against the Releasees which you may have by reason of injury to your person or property, or your death, arising from the activities covered by this Agreement, whether caused by the negligence or fault, active or passive, of any of the Releasees, or from any other cause. You hereby so instruct your heirs, executors, administrators, personal representatives, or anyone else claiming on your behalf. Should any such lawsuit or cause of action be instituted against any of the Releasees, you agree that such Releasees shall be entitled to recover from you attorney’s fees and costs incurred in the defense of such lawsuit or cause of action, including any arising therefrom.
4. Indemnity Against Third Party Claims. You agree to INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS the Releasees from any and all losses, claims, damages, expenses, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other person or organization and which arise directly or indirectly from (i) your participation in The Wall Street Experience Services, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause or (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement. The Wall Street Experience reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and/or defense by you, in which event you agree to cooperate with The Wall Street Experience in asserting any available defenses.
5. Representations and Warranties. By using or participating in the The Wall Street Experience Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are at least of majority age in all jurisdictions relevant to the validity and enforcement of this Agreement; (c) your use of the The Wall Street Experience Services does not violate any applicable laws, rules or regulations (“Applicable Law”); (d) if you purchase The Wall Street Experience Services tickets for any third person or group, all such persons have read, understand, and agreed to be legally bound by this Agreement; (e) if any minor participates in a The Wall Street Experience Services in connection with your entering into this Agreement, you accept full responsibility for all medical expenses and any other claims related to such minors’ participation and further agree to RELEASE, HOLD HARMLESS, INDEMNIFY and DEFEND the Releasees from all claims brought by or on behalf of any minor; and (f) you have read and fully understand this Agreement and its terms and conditions.
6. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the The Wall Street Experience Services. You may unsubscribe from any of our newsletters by clicking on the “Unsubscribe” link in the footer of the newsletter(s) and following the instructions provided. The Wall Street Experience may terminate your right to use the The Wall Street Experience Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. The Wall Street Experience may also preserve and disclose information from or about you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; or (c) protect the rights, property, or personal safety of The Wall Street Experience, its users or the public. Sections 1-7, 12, and 14-27 shall survive any termination of this agreement.
7. Photo and Video Release. For valuable consideration received, you hereby grant to The Wall Street Experience and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs or video images of your, or in which you may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, to alter the same without restriction; and to copyright the same. This includes any and all uses. I hereby release The Wall Street Experience, the Releasees and their assigns from all claims and liability relating to said photographs.
8. Personal Use Only. The Wall Street Experience Services are for the personal entertainment use only and may be used for commercial purposes only if such use is authorized by The Wall Street Experience in advance. To seek permission to make commercial use of The Wall Street Experience Services, write to us at info@TheWallStreetExperience.com. If such permission is granted by us, you may not change or delete any author attribution, trademark, legend or copyright notice.
9. Proprietary Content on The Wall Street Experience.
a. The Wall Street Experience Services contain content of The Wall Street Experience, including, without limitation, tour itineraries, recommendations and tips about local establishments and sites in the cities comprising The Wall Street Experience network (“Content”). Content is or may be protected by copyright, trademark, patent and other laws, and The Wall Street Experience owns and retains all rights in the Content and the The Wall Street Experience Services. The Wall Street Experience and The Wall Street Experience Services are a trademark of The Wall Street Experience LLC. The Wall Street Experience hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding software code) solely for personal use in connection with viewing The Wall Street Experience Services.
b. The Wall Street Experience Services may contain content of The Wall Street Experience licensors or third parties. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use such content appearing on or through The Wall Street Experience Services.
c. You agree and acknowledge that The Wall Street Experience may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with The Wall Street Experience Services. You can unsubscribe from all emails, including commercial emails, by following the “Unsubscribe” link contained at the bottom of each email.
10. Video taping the tour is NOT allowed without prior permission of the company.