PaceStay Terms of Service
1. Introduction and Acceptance of Terms 1.1. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PaceStay ("PaceStay," "we," "us," or "our"), governing your access to and use of the website located at pacestay.com (the "Website"). 1.2. By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must cease use of the Website immediately. 1.3. PaceStay reserves the right to modify or revise these Terms at any time without prior notice. Your continued use of the Website following any such modifications signifies your acceptance of the revised Terms. It is your responsibility to periodically review these Terms for changes.
2. Use of the Website 2.1. Eligibility: You must be at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, to access or use the Website. By using the Website, you represent and warrant that you meet this age requirement. 2.2. User Responsibilities: You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party. You are solely responsible for ensuring that your access to and use of the Website complies with all applicable laws, rules, and regulations. 2.3. Account Information: If any services on the Website require account registration, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.
3. Intellectual Property Rights 3.1. All content, features, and functionality on the Website, including but not limited to text, graphics, logos, images, software, and the compilation thereof, are the exclusive property of PaceStay or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 3.2. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use, strictly in accordance with these Terms. 3.3. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material on our Website, except as incidentally necessary for your personal viewing or as expressly permitted by PaceStay in writing.
4. Acceptable Use Policy 4.1. You agree not to use the Website to: a. Engage in any activity that is illegal, fraudulent, harmful, or violates the rights of others. b. Transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. c. Impersonate PaceStay, a PaceStay employee, another user, or any other person or entity. d. Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. e. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. f. Engage in any data mining, scraping, crawling, or any similar data gathering and extraction methods. g. Interfere with or disrupt the integrity or performance of the Website or data contained therein.
5. Disclaimers 5.1. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PACESTAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 5.2. PACESTAY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
6. Limitation of Liability 6.1. IN NO EVENT WILL PACESTAY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 6.2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Indemnification 7.1. You agree to defend, indemnify, and hold harmless PaceStay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
8. Termination 8.1. PaceStay reserves the right to suspend or terminate your access to all or part of the Website at its sole discretion, without notice and without liability, for any reason whatsoever, including without limitation, any breach of these Terms. 8.2. Upon termination, your right to use the Website will immediately cease. Sections 3, 5, 6, 7, 9, 10, and 11 of these Terms shall survive any termination.
9. Governing Law and Jurisdiction 9.1. All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States of America, without giving effect to any choice or conflict of law provision or rule. 9.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10. Changes to the Terms 10.1. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. 10.2. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
11. Contact Information 11.1. To ask questions or comment about these Terms of Service, you may contact us at: [email protected].