Terms of Use

Last updated: February 1, 2021

These terms of use (the “Terms of Use”) are a legal agreement between you and Wendy Perrin, Inc. (“Wendy Perrin,” “we,” “us,” or “our”). These Terms of Use specify the terms under which you may access and use our website located at https://www.wendyperrin.com/ (the “Website”) and our related services, such as our newsletter (together with the Website, the “Services”).

By accessing or using our Services, or otherwise manifesting your assent to these Terms of Use, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Services.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

1. COMMUNITY GUIDELINES.

To provide you with the Services, we need to build a community with a few simple guidelines. By accessing the Services or submitting any User Content (defined below), you agree to comply with these community guidelines (the “Community Guidelines”) and that:

• You are 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Services only with the consent of your parent or guardian;
• You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
  •  infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
  • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
• You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
• You will not access or use the Services to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with, or attempt to interrupt the proper operation of, the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (defined below), data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
• You will not decompile, reverse engineer, or disassemble any software or processes accessible through the Website;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;
• You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• You will not remove or modify any proprietary markings or restrictive legends placed on the Website; and
• You will not introduce, post, or upload to the Website any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Website to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Website.

2. AFFILIATE COMPENSATION DISCLOSURE

We have compiled a list of trip planners from around the world (“Trip Planners”), which we call “The WOW List,” and we may recommend certain of these Trip Planners, or other Trip Planners not on The WOW List, to trip-goers based on how trip-goers complete our online travel questionnaire and answer our follow-up questions. We may in some instances have financial relationships with various Trip Planners, as explained below. We are providing this disclosure to you because we believe in transparency, and we strive to comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsement and Testimonials in Advertising, which are codified at 16 C.F.R. Part 255.

Inclusion in The WOW List is by editorial decision and is based in part on reader feedback and trip-goer reviews assessed by Wendy Perrin. After select Trip Planners have been approved for The WOW List, Wendy Perrin may receive payment from Trip Planners for a marketing package that includes the right to use The WOW List logo in their own company marketing materials. Additionally, we may receive a referral fee (“Referral Fee”) from Trip Planners for trips planned for and purchased by individuals referred by us. Thus, there may be a paid connection between Wendy Perrin and a Trip Planner with respect to the services mentioned or recommended on our Website. And, in cases of third-party ads posted on our Website, we will generally receive some compensation from the third-party advertiser even if you do not purchase anything for placing their advertisement on our Website.

Please be assured that we try to provide true and accurate statements regarding any products, services, or companies mentioned, reviewed, or recommended by Wendy Perrin on our Website, regardless of whether we receive any fee from the Trip Planner. And, regardless of any affiliations, we only recommend products, services, or companies that we believe will be good for our Website visitors and trip-goers.

3. TRIP PLANNER DISCLAIMER

Wendy Perrin provides a platform where you may contact Trip Planners, and does not directly plan or book trip arrangements. You acknowledge and agree that: (i) Trip Planners are not employees or agents of Wendy Perrin and are independent contractors, and as such are not covered under Wendy Perrin’s insurance, and are not able to bind Wendy Perrin; (ii) although Wendy Perrin requires the Trip Planners to self-designate and make certain representations regarding their backgrounds, skills, licenses, insurance, and financial soundness, Wendy Perrin does not confirm any of the foregoing, and you are solely responsible for determining the identity, suitability, and professionalism of Trip Planners you may contact; (iii) Wendy Perrin makes no representations and offers no assurances regarding any of the Trip Planners’ backgrounds, skills, licenses, insurance, financial soundness, or ability to service travelers well, and you hereby acknowledge that you assume the risk of any encounter or interaction with such Trip Planners; (iv) Wendy Perrin encourages you to communicate directly with Trip Planners and to review their reviews pages for feedback from other customers; and (v) although you are able to find information about Trip Planners through the Services, Wendy Perrin is not a party to any dealings between you and any Trip Planner and shall have no liability to any party in connection with such transactions. Wendy Perrin recommends that in connection with any transaction between you and a Trip Planner that you reduce the agreement to writing. Any legal claim you have related to a trip planned or coordinated by an affiliated Trip Planner must be brought against that Trip Planner directly. YOU HEREBY RELEASE WENDY PERRIN FROM ANY CLAIMS RELATED TO ANY TRIPS PROVIDED BY A TRIP PLANNER FOUND THROUGH OUR SERVICES, INCLUDING FOR MISREPRESENTATIONS BY SUCH TRIP PLANNERS.

4. INTELLECTUAL PROPERTY.

The Services contain material, such as software, text, graphics, images, and other material provided by or on behalf of Wendy Perrin (collectively referred to as the “Content”). The Services and the Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Wendy Perrin and our licensors exclusively own all right, title, and interest in and to the Services and the Content, including all associated intellectual property rights.

Subject to the terms and conditions of these Terms of Use, Wendy Perrin grants you a limited, non-transferable, non-exclusive, license to access and use the Services and the Content solely for your personal purposes. You may not (i) remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or the Content, or (ii) sell, transfer, assign, license, sublicense, or modify the Services or the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose.

The trademarks, service marks, and logos of Wendy Perrin (the “Wendy Perrin Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Wendy Perrin. Other company and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Wendy Perrin Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Wendy Perrin Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

5. USER CONTENT.

The Website allows you to submit reviews and comments about a trip you took through a Trip Planner you connected with through our Services (“User Content”). You, and not Wendy Perrin, are entirely responsible for all User Content that you upload, submit or otherwise transmit through the Website. You acknowledge that once you submit User Content and confirm that we may post it on the Website, it will be viewable by all other Website visitors. We are not obligated to post any User Content on our Website.

To the extent permitted by law, you retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual, irrevocable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.

6. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains sensitive information. With respect to all e-mails and communications you send to us (whether oral or written), including, but not limited to, feedback, questions, comments, suggestions, testimonials, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of Services that incorporate such information without compensation or attribution to you.

7. GENERAL DISCLAIMER; LIMITATION OF LIABILITY.

THE SERVICES AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY WENDY PERRIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WENDY PERRIN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WENDY PERRIN DOES NOT WARRANT THAT: (1) THE INFORMATION PROVIDED THROUGH THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

8. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION.

a. Representations and Warranties. You hereby represent, warrant, and covenant that:

i. You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder; and

ii. Use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.

b. Indemnity. You agree to indemnify, defend, and hold harmless Wendy Perrin, our affiliates, and our and their respective officers, managers, partners, employees, and agents from and against any and all losses, civil penalties, liabilities, damages, judgments, costs, and expenses, including reasonable attorney’s fees and court costs, incurred in connection with any proceeding, claim, or action arising out of or related to (i) your breach of these Terms of Use; (ii) your misuse of the Content or the Services; and/or (iii) your violation of any third-party rights, including, without limitation, any copyright, trademark, property, publicity, or privacy right.

9. DIGITAL MILLENNIUM COPYRIGHT ACT.

Wendy Perrin respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Wendy Perrin, Inc.
P.O. Box 304
Short Hills, N.J. 07078
Attn: Copyright Agent
Email: info@wendyperrin.com

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

10. COMPLIANCE WITH APPLICABLE LAWS.

The Services are based in the United States. We make no claims concerning whether the Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, or Purchases may be made, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

11. CONTROLLING LAW.

These Terms of Use and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.

12. BINDING ARBITRATION.

In the event of a dispute arising between you and Wendy Perrin under or relating to these Terms of Use or the Services (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and Wendy Perrin, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Wendy Perrin will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 14 below, nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

13. CLASS ACTION WAIVER.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. EQUITABLE RELIEF.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New Jersey for purposes of any such action by us.

15. EXTERNAL WEBSITES.

The Website may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.

16. CHANGES TO THE AGREEMENT.

These Terms of Use are effective as of the last updated date stated at the top. We may change these Terms of Use from time to time with or without notice to you. Any such changes will be posted on the Website. By accessing the Services after we make any such changes to these Terms of Use, you are deemed to have accepted such changes. Please refer back to these Terms of Use on a regular basis.

17. TERMINATION OF THE TERMS OF USE.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and the Services, and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. Sections 3-8, 10-18 shall survive the termination of these Terms of Use.

18. GENERAL.

No failure or delay by Wendy Perrin in exercising any right or remedy under the Terms of Use will operate, or be deemed to operate, as a waiver of any such right or remedy. If any provision of the Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended and the remainder of the Terms of Use will remain in full force and effect. The Terms of Use constitutes the final and complete agreement between you and Wendy Perrin regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of the Terms of Use.

19. HOW TO CONTACT US.

If you have questions about the Terms of Use or our Services, please contact us via email at info@wendyperrin.com.

Copyright 2021 Wendy Perrin, Inc. All rights