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© 2019 by Street Lark, LLC

Terms and Conditions

 

Last Updated: 8/7/2019

Overview: PLEASE READ THESE TERMS, HEREIN, AS THEY REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STREET LARK, LLC (“Street Lark”, “we”, “us”, “our”).  In order for you (“Users” or “You” or “Your”) to access and use Street Lark’s website, streetlark.com, any other website Street Lark makes its services available through (collectively the “Site”), text, email, surveys, apps, social media pages, photography, and other electronic communications or services between you and Street Lark (“Services”), and in order to provide you with information regarding, or a process to book, our itineraries and experiences (“Booking”) you must agree to these Terms (“Terms”).  Bookings include an itinerary and may include immersive experiences with third-party service providers (“Service Provider(s)”).  You should also carefully review our Privacy Policy.  If you do not agree to these Terms, our Privacy Policy, and Waiver (which will be sent to you after you pay for your Booking), you are prohibited from accessing and using our Site and Services and your Booking may be cancelled.  PAYMENT FOR ALL BOOKINGS AND ITEMS FOUND ON THE SITE AND SERVICES MUST BE MADE THROUGH THE PAYMENT PROCESSING OFFERED THROUGH THE SITE AND SERVICES AND NOT VIA OUTSIDE PAYMENT METHODS OR THROUGH DIRECT CONTACT WITH SERVICE PROVIDERS, WITH THE EXCEPTION OF ANY TIP YOU MAY PAY TO A SERVICE PROVIDER. 

 

THESE TERMS CONTAIN AN ARBITRATION CLAUSE, WAIVER OF JURY TRIAL, AND CLASS ACTION WAIVER.  Therefore, by agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. This is explained more in detail under Section 19.

 

These Terms are in addition to any other terms provided by Street Lark on the Site or any writing we provide in relation to another aspect of our Services.  If there is a conflict between these Terms and any other terms we provide, the more restrictive term will govern, unless otherwise specified.

1. Your Privacy: By agreeing to these Terms you also agree to our Privacy Policy, which you can review: here.


Street Lark utilizes Wix.com, Ltd., Checkfront, Inc., and Stripe, Inc. to deliver the Site, Services, and Bookings. Through using the Site and Services you will likely be giving personal information such as your name, email address, physical address, payment info, phone number, facebook login information, any additional content you authorize, etc. This information, in whole or in part, will be transferred both to us (in whole or in part), the third-party service providers, and any applicable Service Providers as necessary to carry out any Booking. Please see our privacy policy regarding information we transfer.

Each of the entities, Wix, Checkfront, Stripe, the Service Providers (“External Entities”), and Street Lark are separately responsible for the personal information received. But, that also means that we are not responsible or liable for what the External Entities do with any information received. The External Entities are solely responsible for the privacy policies and procedures they put in place and what they do with User information.

Please do not disclose any information that isn’t necessary and take precautions to act responsibly. Street Lark is in no way responsible to any User for how an External Entity or any other third party manages personal information, Street Lark is only responsible for information shared and held with us per our Privacy Policy.

 

2. Use of our Services: To use our Site and Services you must be a human (bots or automated methods are not permitted), 18 years or older, and of legal competency to enter into contractual agreements. Children under the age of 18 should not use our Site and Services at all. See our Privacy Policy for what to do if you are a parent who believes their child may have incorrectly communicated information to us.


We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services solely for the purpose of learning about Street Lark, making a Booking, contacting Street Lark, and using the Services and Site in accordance with these Terms, however, you must comply with the following at all times:

  • You will only use the Services for legal purposes;

  • You will not use the Services in a way that restricts or inhibits the use and enjoyment of the Services by any other User or third party;

  • You will not post offensive, obscene, vulgar, distressful, libelous, false, or defamatory language or links to malicious or inappropriate websites on the Site or Services; 

  • You will not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

  • You will not dilute, tarnish, or harm the Street Lark name and branding in any way;

  • You will not violate any of these Terms;

  • You will not steal, reverse engineer, and/or attempt to obtain source code, any User’s Personal Information, or illegally harvest any other aspects of the Site and Services;

  • You will not do anything to interfere with the proper functioning of the Site and Services, including, but not limited to, planting viruses, harming systems, etc.; 

  • You will not analyze, modify, decompile, adapt, decipher, derive, disassemble or perform any similar such action to any portion of our Site or Services, including but not limited to data transmitted to and from our Services, nor may you assist or cause other individuals or devices to do so; 

  • You will pay all amounts owed under any transaction you participate in through the Site and Services; and

  • You will follow all Street Lark Policies and Terms.

 

We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these Terms and our Privacy Policy, including without limitation, removing any materials, suspending or terminating the registration of such violators, or suspending or terminating their right to use our  Site or Services.

Street Lark reserves the right to terminate your access to the Site and Services at any time, and without prior notice, with or without reason. Violation of, or attempted violation of, any of the above bulleted items, these Terms, or any applicable law, ordinance, or regulation is likely to result in immediate termination. Termination of access does not limit any of Street Lark’s other rights or remedies in law or in equity.

If you are aware that our Site or Services are being used in a manner that breaches these Terms, please contact us at info@streetlark.com.

 

3. Street Lark’s Content: You have non-exclusive, non-transferable, and revocable license to access and use our Site, Services, and Booking content for the purpose of learning about and Booking with Street Lark and in accordance with the purpose of the Booking and with these Terms.  Intellectual property, including copyrights, patents, trademarks, processes, and other property or proprietary rights (registered and unregistered), located in and on the Site and Services are owned or licensed by Street Lark, or otherwise used by Street Lark as permitted by applicable law. Street Lark reserves all of its rights to its content and intellectual property including, but not limited to, it’s logo, branding, written content, trademarks, design rights, content, copyrights, itinerary content and packages, and other materials generated by Street Lark. Nothing grants you a right or license to use any of Street Lark’s intellectual property or content for any purpose and any materials given to you by Street Lark should not be, including but not limited to, used, displayed, or re-distributed for personal or commercial use.
 

4. Goods and Services Not for Resale or Redistribution: You represent and warrant that you understand any purchases or services accessed through Street Lark is for personal use, purchasing a Booking for another member of your party, or for gifting a Booking to another individual, but not for resale, redistribution, export, advertisement, or any other use not expressly permitted under these Terms. All purchases and services are for use for their intended purposes only.

5. Booking: Making a Booking or other purchase or agreement constitutes a contractual relationship between Street Lark and you, including all individuals included on your purchase if you are acting on behalf of a group. These Terms and the use of “Users,” “you,” and “your” shall apply to the individual making the Booking as well as all those in their party as if each term refers to each person individually. The submission of a Booking constitutes your acceptance of all Terms herein and is your offer to buy, under these Terms, all products and services listed in your Booking.  Street Lark reserves the right to not accept any Booking in our sole discretion. While unlikely, we also reserve the right to correct, at any time, any unintended errors, inaccuracies, or omissions related to a Booking or any component thereof.

You agree to the risks of participating in any Booking and our Site and Services, and you agree that you alone are responsible for determining your fitness for participating. Street Lark is not in any way liable or responsible if you are unable to physically, or otherwise, participate in any Booking. YOU AGREE THAT IN ORDER FOR STREET LARK TO PROVIDE YOU WITH THE ITINERARY PORTION OF YOUR BOOKING AND FOR YOU TO PARTICIPATE IN YOUR BOOKING IN ACCORDANCE WITH THESE TERMS YOU MUST SIGN AN ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT. ELECTRONIC SIGNATURES SHALL BE VALID. STREET LARK RESERVES THE RIGHT TO CANCEL A BOOKING IF YOU DO NOT SIGN SUCH WAIVER.

You warrant and represent that all information you submit is true and accurate. You agree to act responsibly and follow any direction or guidelines provided as part of our Site, Services, and Bookings.

You are responsible and liable for arranging for all transportation related to your Booking. Street Lark provides a self-guided itinerary in your Booking, which may include options for transportation, however, these are solely options based on location and forms of transportation that may be available in that area. Street Lark is not recommending any specific transportation. Street Lark is not responsible or liable under any circumstances for any injury or damages you may suffer in connection with your transportation. You are responsible and liable for all actions and decisions on and during the Booking and how you follow the itinerary provided in a Booking. If you miss a scheduled part of the Booking itinerary with a Service Provider or otherwise, you will not receive any full or partial refund. Refunds are only permitted as detailed under Section 7 and in Street Lark’s sole discretion.
 

6. Pricing and Payment Terms: All transactions are handled in United States Dollars. Booking pricing and payment terms are at our sole discretion and subject to change at any time without notice, including prices, promotions, and discounts posted on the Site.  The price charged to a User customer will be the price posted at the time the Booking is made and as provided in our Booking confirmation email.  While unlikely, we reserve the right to correct, at any time, any unintended errors, inaccuracies, or omissions related to the price of a Booking or any component thereof. If there was an incorrect price listing, Street Lark will communicate the correct pricing and give you twenty-four (24) hours to communicate if you wish to cancel or change the Booking, otherwise you will be deemed to have accepted the corrected pricing.

Posted prices include participation in the Booking and the curated self guided itinerary. Unless otherwise stated, posted prices do not include gear, transportation, products, food, drink, or admission to points of interest recommended as part of the curated itinerary, or any other cost not explicitly stated in the Booking. Prices do not include tip and you may tip at your discretion. Service Providers may offer additional products for purchase at their discretion, but you are not obligated to purchase items or services from a Service Provider unless stated in your Booking as a requirement of your specific Booking.  If we offer promotions with separate pricing terms that are in conflict with these Terms, the promotion terms will govern as to those specific terms only.

Unless otherwise agreed upon by Street Lark in writing, all payments must be made directly through our Site and received by us before we may accept an order. YOU MAY NOT BOOK DIRECTLY WITH A SERVICE PROVIDER. We use Stripe, Inc. for our payment processor, or any other payment processor that we may determine from time to time. Paying for a Booking through our Site and Services can only be conducted by individuals in countries where these payment processors are enabled. Payment processors are third party providers and Users should familiarize themselves with each of their respective privacy policies and terms of use. Street Lark has no control over information collected by Stripe, Inc., any other payment processor, or any other aspect of the payment process to conduct the transactions through our Services. We do not see or process any of your credit, debit, or bank account data.

You warrant that (a) you are authorized to make the purchase, (b) your payment information is correct and complete, (c) such credit card company will honor charges incurred by you, (d) you will pay the charges you incur at the posted price, including external costs and applicable taxes, if applicable, regardless of the quoted price on the Site at the time of your order.

 

7. Cancellation, Transfers, and Refunds:

Guest Transfer to Another Experience: To request a transfer to a different immersive experience (including a different date or time), you must provide us with a written request to transfer.  However, we do not guarantee a different experience will be available for transfer purposes. Transfers will be available only in Street Lark’s sole discretion. If we do not accept the transfer for any reason, you will be subject to the cancellation policy below. If we accept your request for transfer, the following refund policy will apply.

 

  • 30 or more days in advance — 100% refund of original package cost, minus Street Lark’s 5% administrative fee

  • 15 to 29 days in advance — 75% refund of original package cost

  • 0 to 14 days — 50% refund of original package cost

 

Guest Cancellation: The following refund policy will apply at the time we receive your written notice of cancellation, prior to the Booking date and we confirm the cancellation with you.  Some Bookings may have specific cancellation policies that are in addition to, or that differ from, the policies herein.  Any unique cancellation policies will be clearly provided as part of the Booking process and shall supersede these terms as to those specific terms only.  You will receive a refund after we have confirmed your cancellation request.

 

  • 30 or more days in advance — 100% refund of package cost, minus Street Lark’s 5% administrative fee

  • 15 to 29 days in advance — 50% refund of package cost

  • 0 to 14 days — No refund

 

STREET LARK IS NOT LIABLE IF YOU ARE DISSATISFIED WITH YOUR BOOKING EXPERIENCE AND WILL NOT OFFER REFUNDS UNDER THESE CIRCUMSTANCES.

Extenuating Circumstances: For the following circumstances, specific documentation (as detailed below) is required in order for guests to receive consideration for a full refund if a request is made 29 days or less before the date of the Booking, and the documentation must be dated after the date a Booking was made.  Request for refund and documentation must be submitted within 14 days of the extenuating circumstance. 

  • Death of guest or immediate family member of guest (defined as spouse, parent/legal guardian, sibling, grandparent): Provide a death certificate, obituary, or news article naming the deceased. 

  • Serious illness of guest: Provide a general statement from a physician confirming that the person can't participate.

  • Government mandated obligations including jury duty, travel restrictions, court appearances, and military deployment: Provide a copy of the official notice dated after the reservation was booked, including the name of the person fulfilling the obligation.
     

Submission of such documentation is not a guarantee of a full refund. ALL refunds shall solely be in Street Lark’s discretion. Street Lark will contact you if Street Lark grants a full refund.

Street Lark Cancellation: Street Lark reserves the right to cancel all or a portion of a Booking in our sole discretion.  While such cancellation is unlikely, full or partial refunds, if any, shall be at the sole discretion of Street Lark.  Street Lark is not responsible for any other expenses incurred by you in preparation for the Booking, including an immersive experience or curated itinerary, including but not limited to transportation costs or gear.

 

8. Number of Participants: Certain Bookings may require a minimum number of participants for an immersive experience.  If a minimum requirement exists, it will be clearly noted as part of the Booking checkout process. Once the minimum requirement is met, you will receive a final email confirmation that the experience will take place.  In most cases, if we do not sign up enough participants, we give you the option to transfer to a different experience or pay a supplemental fee for us to provide the experience package with fewer participants. You will have forty eight (48) hours after notice of lack of minimum participants to inform us of your choice.  Otherwise, we will cancel the experience and you will receive a full refund.

 

9. Additional Terms: Users must also comply, act in accordance with, and agree to all of the following, as applicable:

  • Users should carefully review the description of any Booking description that a User intends to book to ensure that the User, and any guests/minors that they are ordering on behalf of, meet all requirements and understand all limitations of the applicable Booking. Users and attendees are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your Booking;

  • Users must follow any and all procedures, guidelines, instructions, rules, requirements, etc. stated or provided by any Service Provider;

  • Street Lark strongly advises against consuming alcohol or other mind-altering substances while participating in any Service Provider experience. Use of illegal substances, or use of alcohol or other substances where they are not permitted or the User is under the age of 21 is against the law and Street Lark is not liable or responsible for any such activity or use. Users are solely responsible for any risks they take, or legally consumed alcohol while participating in the Booking; 

  • Users must, at all times, only enter areas of any applicable property or area designated for the Booking and Users must not trespass or fail to comply with any other laws, statutes, or ordinances applicable to all aspects of the Booking and related activities;

  • Users are solely liable for any and all persons or property brought to or on the Booking;

  • Users are solely liable for any damage or injury to persons or property caused by or related to User and any guests/minors that they are including in a Booking. 

 

10. Service Providers: Street Lark separately contracts with Service Providers to provide certain immersive experiences as part of a Booking. You understand that you are participating with a Service Provider at your own risk and Street Lark is not liable or responsible for the actions of, content provided by, or operations of, property of, or facilities of, any Service Provider and their owners, employees, agents, or assigns or if the Service Provider cancels an immersive experience. We make no guarantees or warrantees as to a Service Provider experience. You may be required to follow additional rules and guidelines set by any Service Provider. You are responsible for properly preparing for any Booking. You understand that Service Provider provides their services subject to their own discretion and has authority and oversight while you are participating in any immersive experience and has the right to remove you or eject you from an experience if you violate any of these Terms or any of Service Provider’s procedures, rules, or requirements, or at their discretion and Street Lark shall have no liability or responsibility.

 

11. Shipments, Delivery, Title and Risk of Loss: If applicable, shipping and delivery dates for any documents or items sent through USPS or other carrier service are estimates, and we do not guarantee they will be met.  We are not liable for any delay or failure in delivery or items lost during shipment. Street Lark is not liable or responsible once any documents or items are placed with the carrier.

 

12. Your Content Sharing and Social Media: If you submit testimonials, images, photos, or other content to Street Lark for use on our Site and/or social media channels (including Instagram, Twitter, Facebook, and our blog), you are providing express permission for their use by us. They remain your content and under your ownership but by submitting your content to Street Lark, or otherwise agreeing to our use of your content, you grant us the unrestricted, worldwide, royalty-free, sub-licensable, transferable, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User content on the Site and Services and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you, including to: 

publicly display, publish, reasonably edit or alter, and otherwise use the content in its entirety or in part, for any purpose, including promotional or commercial purposes; or use your name, commentary, and other information about you as it relates to the content.

We reserve the right to use, discontinue use, or never use your content, at our sole discretion. You hereby release, hold harmless, and forever discharge Street Lark and its owners, employees, contractors, agents, licensees, and successors in interest, from any claim, liability, or cause of action, relating to, including, but not limited to, your content and the processing, appearance, sale, display, use, modification, alteration, editing, and/or adaptation of such content that may occur or be produced, and any claims by any third parties unless it can be shown that the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting you to conspicuous ridicule, scandal, reproach, scorn, and indignity. You further hereby waive any demand or cause of action you may have based on any usage of the content or works derived therefrom, including, but not limited to, libel, moral rights, defamation, or violation of your rights of privacy.

 

Before submitting content, you are responsible for sending a copy of these Terms, or a link to these Terms, to any and all people appearing in the content and gain their consent to these Terms.  By submitting content, you represent that you have the permission of all people appearing in the content (a) to take the photograph or image, (b) for their name and likeness to be used by us, (c) that they agree to these Terms.  If any minors are pictured, you represent that you have the express permission of the minor’s parent or legal guardian for their name and likeness to be used by us. 

 

You may not submit content that infringes on the proprietary rights of a third party; invades the privacy or publicity rights of a third party; is inappropriate, harmful, sexually explicit, or otherwise objectionable; contains any virus or other forms of malicious code; violates any statute, law, or regulation or contractual agreement, including these Terms, or is confidential. You are solely liable and responsible for any and all content you post, submit, or affiliate with Street Lark.

 

13. NO WARRANTIES: We make no guarantee about the accuracy or reliability of the content, materials, features, and services on our Site, Services, and Bookings. STREET LARK’S SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT OUR SERVICES OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE ON OR THROUGH THEM WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDED TO YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ETC. YOU USE THESE SERVICES AT YOUR OWN RISK. WE MAKE NO GUARANTEES TO: THE SECURITY OF THE SITE AND SERVICES AT ANY SPECIFIC TIME AND LOCATION, THAT THERE ARE NO DEFECTS OR ERRORS, THE BREACH OF THESE TERMS BY OTHER USERS FROM TIME TO TIME, ANY BOOKING AND THE SITE AND SERVICES WILL MEET ALL OF YOUR EXPECTATIONS, THE CONTENT PROVIDED IN THE BOOKING OR SERVICES, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIAL HARMFUL PRODUCTS, AND/OR TO THE QUALITY, ACCESSIBILITY, OR CONTINUITY OF THE SITE, SERVICES, AND BOOKINGS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OR MISUSE OF OUR SITE, ITS CONTENT, OUR SERVICES, AND BOOKINGS.
  

14. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW, STREET LARK AND ITS OWNERS, DIRECTORS, EMPLOYEES, ETC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR REVENUES, RELIANCE ON USER CONTENT,  INJURY OR DEATH, OR DAMAGE TO PROPERTY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES, YOUR PARTICIPATION IN ANY BOOKING, OR THESE TERMS. STREET LARK DOES NOT HAVE ANY CONTROL OVER THE SUCCESS OF ANY BOOKING, AND DOES NOT MAKE ANY GUARANTEES AS TO THE SAFETY OR CONDITION OR SPECIFIC ASPECTS OF ANY BOOKING. 

 

STREET LARK MAY ENGAGE WITH THIRD-PARTY CONTRACTORS, WHICH INCLUDE SERVICE PROVIDERS.  STREET LARK SHALL NOT BE LIABLE FOR ANY EXPENSE, INJURY, LOSS OR DAMAGE OF ANY KIND TO AN INDIVIDUAL OR PROPERTY RESULTING DIRECTLY OR INDIRECTLY FROM THE ACTS OR OMISSIONS OF ANY OF OUR SERVICE PROVIDERS OR OTHER THIRD PARTY CONTRACTORS, INCLUDING BUT NOT LIMITED TO DELAYS, CANCELLATION OF SERVICES, ACCIDENTS, FAILURES OF EQUIPMENT, OR CHANGES IN SCHEDULES.

 

Street Lark shall not be liable for injury, loss, or damage of any kind to an individual or property resulting from acts or circumstances outside of our reasonable control, including but not limited to acts of Service Providers, third-parties, God, fire, flood, civil unrest, terrorism, epidemic, government restrictions or regulations, restraints in infrastructure use for communication or transportation.

 

To the extent that a jurisdiction does not allow all of the limitations on implied warranties, the prohibited limitations shall not apply to you, however, the remainder shall be applicable. 

 

15. INDEMNIFICATION: IN THE EVENT OF A DISPUTE BETWEEN A USER AND SERVICE PROVIDER REGARDING, INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION, USER CONTRIBUTED CONTENT, BOOKING, DAMAGE, INJURY, ETC. OR BETWEEN A USER AND ANY OTHER THIRD PARTY PROVIDER, OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, ADVERTISEMENT SITES, ETC. YOU HEREBY AGREE TO RELEASE, AND FOREVER HOLD HARMLESS ALL MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AND ASSIGNS OF STREET LARK AND ALL OTHER RELATED PERSONS OR ENTITIES FROM AND AGAINST ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS (INCLUDING REASONABLE ATTORNEYS FEES), AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT OR TORT, OR KNOWN OR UNKNOWN,  WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE, SERVICES, AND BOOKING. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE PROTECTIONS STATED IN CALIFORNIA CIVIL CODE SECTION 1542.

FURTHERMORE, USERS HEREBY AGREE TO RELEASE, AND FOREVER HOLD HARMLESS ALL MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AND ASSIGNS OF STREET LARK (THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING REASONABLE ATTORNEYS FEES)  INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE , SERVICES, BOOKING, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION, ACTION, OR DISPUTE BETWEEN YOU AND ANY OTHER USER, SERVICE PROVIDER, OR OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ADVERTISING SITE, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE  HEREIN. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. 

 

16. Third Party Links: Our Site may provide links to other sites, features, or resources.  You agree that we are not responsible for any content or services provided by such sites, features, or resources.  You also agree that we shall not be liable for any loss, injury, or damage caused by the use of or reliance on such sites, features, or resources.

 

17, Applicable Laws: You are held to all laws, regulations, and ordinances applicable to you during use of our Site and Services.

 

18. Governing Law and Jurisdiction: Matters arising from these Terms or use of the Site or Services shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to any choice or conflict of law provision or rule that would apply the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.

19. Dispute Resolution and Arbitration: To the fullest extent permitted under the law, the parties agree that any dispute arising out of or relating to these Terms must be submitted to confidential binding arbitration in Allegheny County, Pennsylvania. You and Street Lark acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. The parties agree that:

 

  • the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association (“AAA”);
     

  • any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction;
     

  • if any action or claim is filed in contravention of the arbitration rules provided in this section 19, the parties agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania and both waive the right to a jury trial. All claims filed or brought contrary to this section 19 are improperly filed, and the non-filing party is entitled to recover all attorneys fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.

 

STREET LARK AND USERS MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in these Terms or the AAA Rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

 

You and Street Lark agree that claims related to the following are exceptions to the Arbitration Agreement and shall instead be brought in a judicial proceeding in a court of competent jurisdiction:

  • Attempted, actual, or threatened infringement or violation of copyright, trademark, or other intellectual property rights;

  • Claims seeking emergency injunction relief based on pressing circumstances (including cyber attack or imminent danger).
     

20. Intellectual Property Concerns: If you believe any other user or third party has infringed on your intellectual property rights in regards to any information you have submitted to Street Lark please send a notice to the email address shown below. Please provide ALL of the following information (as required by 17 U.S.C. §512(c)(3)):

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and email address;

  • This statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, or its agent, or the law.”; and

  • A statement that the information in the notification is accurate and that the signatory to the notice has the authority to enforce the rights that are the subject of the infringement claim.

 

Upon receipt of the above information, we will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.

Designated Agent for Notification of Claimed Copyright Infringement: info@streetlark.com

 

21. Modification: These Terms are subject to change at any time without prior notice, at our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date.” Your continued use of our Site and Services after the updated Terms have been posted constitutes your agreement to all changes. All Bookings will be subject to the Terms as written at the time of making the Booking. Make sure to review these Terms before making a Booking.

 

22. Severability and Waiver: If any provision of these Terms is found to be unenforceable or invalid under law, then that provision will be severed without affecting the enforceability or validity of the remaining provisions herein.  If we choose not to enforce any portion of these Terms, it does not constitute a waiver of our right to enforce any part of these Terms in the future.  Written notice signed by one of our authorized representatives is required in order for any waiver of these Terms to be binding.

 

23. Notice: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Site.  Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

24. No Assignment: You may not assign, transfer or subcontract any of your rights or obligations under these Terms without our prior written consent.  No assignment or transfer relieves you of your obligations under the Terms herein.

 

25. No Third-Party Beneficiaries:  These Terms do not grant any rights or remedies upon anyone other than you.

 

26. Headings: The section headings in these Terms are for the reader’s convenience only and shall not impact the interpretation of these Terms.

 

27. Entire Agreement: These Terms, our Privacy Policy, and our email order confirmation constitute the integrated and final agreement between you and Street Lark.

 

If you have questions or comments about these Terms or the agreement, please contact us at info@streetlark.com

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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