The Term of Use are also in the app itself:
Last Revised: March 3, 2015
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING NEAR APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE NEAR APPLICATION OR ANY SERVICES PROVIDED BY US.
These terms of service (these “Terms”) apply to your access and use of our mobile applications, websites, emails, text messages and social media accounts (collectively, the “Application”) provided by NEAR, Inc. (“Near”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Application as well as the booking of hotel accommodations through the Service. The Application and these services are collectively referred to as the “Service.” These Terms do not alter in any way the terms or conditions of any other agreement you may have with Near for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to Near if you violate these Terms.
Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. If you continue to access or use the Service following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Service. If you do not agree to the changed Terms, you must stop accessing or using the Service.
If you have any questions regarding the use of the Service, please email us at email@example.com.
Device Usage Terms and Conditions
You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.
Registration Data; Eligibility
To access certain areas and features of the Service, you may be required to register with Near. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the “Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to Near, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Near.
Near is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You are under no obligation to use or continue to use the Service and may stop using the Service without notice to Near.
You may not use the Service if you are under 18 years of age (or the age of majority in your jurisdiction).
Grant and Restrictions
Subject to the terms, conditions and limitations set forth in these Terms, Near grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Near that replace and/or supplement the original Application, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your right to use of the Application will immediately cease, and you will have infringed the copyright and other rights of Near, which may subject you to prosecution and damages. Near reserves all rights not expressly granted to you in these Terms.
Consent to Use of Data and Mobile Communications
In exchange for Near providing you with access to the Service, you consent to Near collecting and using technical data, personal information and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services. You also consent to our communicating with you about the Service.
Compatibility with Mobile Devices
Near does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.
Near attempts to be as accurate as possible.
Near makes no guarantee that the prices advertised through the Service represent (i) the lowest price.
Taxes and Fees
When you book a room using the Service, we facilitate your booking with the hotel and will charge your method of payment for Taxes and Fees. This amount includes an estimated amount to recover the amount we pay the hotel for taxes owed by the hotel, including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and other taxes. In some cities, the tax may include government imposed service fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the hotel for taxes may vary from the amount we estimate. The balance of the amount in Taxes and fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including customer service costs. The amounts for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel, and may include profit we retain.
For hotel bookings in certain jurisdiction, Taxes and Fees includes a payment of tax we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services. In every other jurisdiction, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers include all applicable taxes in the amount we are required to pay over to them. We are not a co-vendor with the hotel. Tax rates and the type of taxes vary greatly by location.
When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
Your use of the Service and your contact, interaction or dealings with any third parties arising out of your use of the Service is solely at your own risk. The hotels and other suppliers of Near are independent contractors and not agents or employees of Near. Near is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these hotels or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
User Content and Your Conduct
The Service includes forums and other interactive areas or services (“Interactive Areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and the User Content you share. You hereby grant Near a perpetual, irrevocable license to use and display any User Content you post, upload or otherwise provide to Near, including any photos you provide through our “Snap Your Stay” feature.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party;
Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick a user of the Service;
Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without Near’s express written consent.
You further agree that you are solely responsible for your conduct while using the Service and that you will not do any of the following in connection with the Service or its users:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Collect any personally identifiable information about other users (except as specifically authorized by Near), or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users of the Service;
Use the Service for any commercial purpose;
Use the Service for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or polices established from time-to-time by Near;
Create an account, post any content, or otherwise use the Service if you are not at least 18 years of age;
Modify, adapt, hack or emulate the Service;
Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and
Infringe upon or violate the rights of Near, our users or any third party.
Near takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service. Near will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Service. Your use of the Service, including any Interactive Areas, is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at Near’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.
Near may provide third-party content via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. Near does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Near is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Near may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Near is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Near advertisers or third-party information accessible via the Service.
The Service (including, but not limited to, the Application) contains the valuable proprietary content of Near and our licensors and is protected by copyright and other intellectual property laws and treaties. You will not use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of these Terms.
Termination or Modification of Application
Near reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Near be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).
If you breach any of the terms or conditions of these Terms or Near discontinues the Application, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the License section will not survive termination of these Terms. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of Near. Near and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
Information and Press Releases
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Near DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT NEAR KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. Near DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY Near OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of these Terms or your violation of the rights of any third party; or (iii) any User Content you share.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Near BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF Near HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL Near’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Near has adopted a policy of terminating, in appropriate circumstances and at Near’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Near may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. Only you and Near are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.