Website Terms and Conditions for US Resident Customers
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to www.weroad.com (“Website”), a website operated by WeRoad SPA, a company part of the OneDay Group, which has its registered office at Viale Cassala, 30, Milan, 20143, tax code and VAT number 10380820968 (“WeRoad,” “we,” “us,” or “our”). These Terms and Conditions govern your use of the Website and WeRoad’s mobile and social media applications that link to these Terms and Conditions (together, the “Services”). “You” and “your” refer to you, the user, visitor, or client of the Website.
These Terms govern your use of the Website and Services only. The purchase of travel packages, bookings, cancellations, refunds, and all other matters relating to the sale of package holidays are governed by the WeRoad General Terms and Conditions, available on the Website. By making a booking through the Website, you agree to be bound by both these Terms and the General Terms and Conditions (“General Terms and Conditions”). In the event of any conflict between these Terms and the General Terms and Conditions with respect to the purchase or performance of a travel package, the General Terms and Conditions shall prevail.
In consideration for the right to access and use the Services, you agree to these Terms and Conditions, as amended and along with any rules, policies and procedures that WeRoad may implement from time to time, together with our Privacy Policy and Website Disclaimer (“Terms”).
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.
You must be over 18 years of age to use this Website, including to purchase any goods or services from this Website.
Amendment Of Terms
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our Website, then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms govern your and our rights and obligations to each other.
Modification Of Website And Content
We reserve the right at any time, and from time to time, to remove, delete, alter or amend any content on the Website, or to suspend, withdraw, or modify the Website at any time without notice. We shall not be liable to you or any third party for any suspension, withdrawal or modification.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.
Prohibited Uses
You may only use the Website for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that non-authorised material including, but not limited to, material that is, in our opinion, likely to cause offence, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate WeRoad, any WeRoad employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
The use of robots, spiders, crawlers or other automated tools to access or collect content from the Website is prohibited, unless such access is carried out for indexing purposes by search engines or answer engines, or for retrieving individual pages at the direct request of a user, by agents identifiable through a documented user agent, and in compliance with the instructions published in the technical policy https://www.weroad.com/robots.txt, as updated from time to time.
Using the content of the Website to train or fine-tune artificial intelligence models or systems remains prohibited. Using the content to generate real-time answers with attribution of the source remains permitted, under the terms set out in the technical policy.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
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.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Monitoring And Enforcement
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for WeRoad.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS WEROAD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEROAD / ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WEROAD, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
User Generated Content
You may be invited to provide personal information, custom screen names, icons and other profile information (collectively, “Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, commentaries, reviews, testimonials, concepts, techniques, and other information and materials, which may include (without limitation) uploading files, participating in chat sessions, providing Profile Information and engaging with other users of the Services (collectively, and together with Profile Information, “User Generated Content”).
WeRoad does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by WeRoad prior to posting or at any time. If WeRoad chooses, in its sole discretion, to monitor any forums, WeRoad nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
To the extent permitted by law, WeRoad makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Services. Nonetheless, WeRoad reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason, including but not limited to content that violates these Terms of Use or is otherwise inappropriate, at any time. You agree that WeRoad shall not be liable if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.
By providing information or posting Content through the Services, you hereby grant WeRoad a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, edit, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. WeRoad does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.
By submitting User Generated Content on or through the Services, you represent to WeRoad that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to WeRoad the rights described herein. You acknowledge that WeRoad has relied upon this representation. Accordingly, you further agree to defend and hold harmless WeRoad, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the “WeRoad Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by any third party against the WeRoad Parties in connection with your User Generated Content and reimburse the WeRoad Parties for any loss, damage or costs incurred as a result.
Registration and Account Security
You are not required to register in order to browse the Website. However, in order to access certain features of the Services, including but not limited to subscribing to newsletters, viewing trip pricing, or making a booking, you must complete the applicable registration forms and provide WeRoad with complete, truthful, and accurate information as requested. By registering, you accept these Terms and our Privacy Policy in full.
Registered users may deactivate their accounts or request cancellation at any time through the Website or by contacting WeRoad at booking@weroad.com. Upon cancellation of your account, you will retain the ability to browse the Website but will no longer have access to features that require registration. We reserve the right to suspend or terminate your account at any time and without prior notice if we reasonably believe that: (a) you have violated these Terms; (b) your access to or use of the Services may cause harm to WeRoad, other users, or third parties; (c) your use of the Website may result in a violation of applicable law or regulation; (d) suspension or termination is required by a court or governmental authority; or (e) your account is deemed inappropriate, offensive, or otherwise in breach of these Terms.
If you choose, or are provided with a user identification code, password or any other information as part of our security or account login procedures you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that someone other than you knows your identification code or password, you must promptly notify us at booking@weroad.com.
Limitation Of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WEROAD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF 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.
It is an essential pre-condition to you using our Website that you agree and accept that WeRoad is not legally responsible for any loss or damage you might suffer related to your use of the Website (whether from errors or from omissions in our documents or information). This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable, and that to the extent permitted by law you will be solely responsible for any damage to you or your property, any third party or their property arising from the use of the services or the content.
It shall be your own responsibility to ensure that any services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our liability for any breach of these Terms is limited to, at our option: the re-performance of the applicable Services, or a refund of any fees paid for the applicable Services.
To the fullest extent permitted by law, our maximum aggregate liability shall not exceed the amount that you have paid for the Services to which the liability relates. To the fullest extent permissible by law, if you are dissatisfied with the Services, do not agree with any part of this agreement, or have any other dispute or claim with or against us or any of our related entities related to the Services or content, your sole and exclusive remedy is to discontinue use of the Services.
Indemnity
You agree to defend, indemnify, and hold harmless WeRoad, 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 Contributions, 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.
Linking To Our Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links To Other Websites
We may from time to time provide links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
Our Website may contain information or advertisements provided by third parties. We accept no responsibility whatsoever for any information or advice provided to you by third parties. We refer to any information or advertisements for your information purposes only and we are not providing any advice nor do we take any responsibility for any advice received in this regard.
Geographic Restrictions
WeRoad’s Website is operated by WeRoad SPA. The Website is accessible globally, but these Terms and Conditions apply specifically to users located in the United States. Users accessing the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. WeRoad makes no representation that the Website or its content is appropriate or legally accessible in all jurisdictions.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WEROAD NOR ANY PERSON ASSOCIATED WITH WEROAD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WEROAD NOR ANYONE ASSOCIATED WITH WEROAD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WEROAD 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Privacy
At WeRoad, we are committed to protecting your privacy. We use the information we collect about you to provide and improve our travel services. Please read our Privacy Policy at https://www.weroad.com/legal/privacy-policy for details of how we collect, store, and use your personal information. California residents may also have additional rights under the California Consumer Privacy Act, as described in our Privacy Policy.
WeRoad Communications: SMS Terms of Service
1. About this program
WeRoad Inc. ("WeRoad", "we", "us") operates a recurring text messaging program called WeRoad Communications. These SMS Terms of Service govern that program and apply in addition to the WeRoad Terms and Conditions and the WeRoad Privacy Policy. If there is any conflict between these SMS Terms of Service and the WeRoad Terms and Conditions with respect to the SMS, MMS and RCS program, these SMS Terms of Service will prevail.
2. Messages you will receive
By opting in you agree to receive recurring promotional text messages (SMS, MMS and RCS) from WeRoad Communications, sent using an automatic telephone dialing system or similar technology. These messages may include group trip suggestions, limited time offers and promotions, wishlist reminders and travel inspiration.
3. How to opt in
You can join the program by entering your mobile number in your account settings at my.weroad.com/settings/consents and ticking the box confirming that you want to receive recurring promotional text messages from WeRoad Communications. The box is not pre-selected. Your consent is not a condition of purchasing any good or service, and it is not required in order to register for or use WeRoad. Once you opt in we will send you a single confirmation message, which will include the program name, a description of the messages you will receive, message frequency, applicable message and data rates, opt-out instructions and a link to these SMS Terms of Service and to the WeRoad Privacy Policy. If you are located in the European Economic Area, the United Kingdom or Switzerland, your consent will also be treated as consent for the purposes of applicable EU/UK data protection and e-privacy law, and you may withdraw it at any time as described in Section 6 and in the WeRoad Privacy Policy, without affecting the lawfulness of processing carried out before your withdrawal.
4. Message frequency
Message frequency may vary.
5. Cost
Message and data rates may apply. WeRoad does not charge you for these messages, but your mobile carrier's standard rates apply to every message sent or received.
6. How to opt out
You can cancel at any time by replying STOP to any message from the program. QUIT, END, CANCEL and UNSUBSCRIBE are also accepted. We will then send you a final message confirming that you have been unsubscribed, after which you will no longer receive text messages from WeRoad Communications. You can also manage your preferences at my.weroad.com/settings/consents or write to hello@weroad.com. If you later change your mind, you can opt in again from your account settings. Opting out of the SMS, MMS and RCS program does not opt you out of other communication channels, such as email; you can manage your preferences for each channel separately in your account settings.
7. Help and customer care
Reply HELP to any message from the program for assistance. You can also contact us at hello@weroad.com or call (740) 748-4745.
8. Carrier liability
Carriers are not liable for delayed or undelivered messages.
9. Eligibility and devices
The program is available to residents of the United States who are at least 18 years old, on participating carriers, using a mobile device capable of receiving SMS, MMS or RCS messages. By opting in you confirm that you are the subscriber or the customary user of the mobile number you provide and that you are authorised to give consent for that number. If your number changes, please update it in your account settings.
10. Privacy
Personal data collected through this program is processed as described in the WeRoad Privacy Policy, available at www.weroad.com/legal/privacy-policy. Your mobile number and SMS/MMS/RCS opt-in status will not be shared with any third parties. We may share this information with service providers who help us operate the program (such as our SMS platform provider) solely for that purpose, and as otherwise described in the WeRoad Privacy Policy. If you are located in the European Economic Area, the United Kingdom or Switzerland, you have the rights described in the WeRoad Privacy Policy, including the rights to access, correct, delete and port your personal data, to object to or restrict its processing, and to lodge a complaint with your local data protection authority.
11. Changes to these terms
We may update these SMS Terms of Service from time to time. The version published on this page is the version currently in force, and we will notify you of material changes before they take effect. Material changes affecting your consent (for example, a change to the type of messages you will receive) will not apply to you unless you are given the opportunity to opt out or provide renewed consent, where required by applicable law.
12. Contact
WeRoad Inc., 350 Fifth Avenue, Suite 3920, New York, NY 10118, United States. Email hello@weroad.com, phone (740) 748-4745.
Exclusion Of Competitors
If you are in the business of creating similar products, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of WeRoad. We expressly exclude and do not permit you to use or access our Website, our products or our services, or to download any documents or information from our Website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website, services or information in our sole discretion.
Copyright, Trademark And Restrictions Of Use
Website contains material which is owned by, or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the Website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website.
The WeRoad name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WeRoad or its affiliates or licensors. You must not use such marks without the prior written permission of WeRoad. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
WeRoad expressly reserves all copyright and trademark in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (“DMCA”), provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may provide our Copyright Agent with a written notice pursuant to the DMCA requesting that we remove the material or block access to it. The notice must include the following information:
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 located on the Services are covered by a single notification, a representative list of such works);
Identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to allow us to locate the material on the Services;
Your name, address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Generated Content, the DMCA permits you to send a counter-notice to our Copyright Agent containing the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the State of Delaware, and a statement that you will accept service of process from the person who provided the original DMCA notification of the alleged infringement or an agent of such person.
If a counter-notice is received by our designated Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Generated Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user who provided the User Generated Content, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see 17 U.S.C. § 512(c)(3) for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent to WeRoad’s designated Copyright Agent at legal@weroad.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Dispute Resolution and Arbitration Terms
Any arbitration under this provision shall be governed by the Federal Arbitration Act (“FAA”); no state laws regarding arbitration procedures shall apply.
Before either party initiates arbitration, that party must contact the other party by sending a written notice of the dispute. If you provide such a notice to us, your notice must identify your name and address (including email address), and describe the nature and basis of your claim and the relief you seek, including the basis for any damages calculation. You must sign the notice, and if you have retained an attorney, you must identify the attorney and confirm that we have authority to disclose to the attorney any information relevant to resolving your claim. Each side must negotiate in good faith to resolve the claim for a period of sixty (60) days before initiating arbitration proceedings. Any limitations period shall be tolled for this sixty-day period. Failure to comply with any of the provisions in this paragraph is grounds for dismissal of any arbitration proceeding as set forth in the following paragraph.
ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU OR WE MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS PROPERLY WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS THEN-APPLICABLE RULES, INCLUDING (AS APPROPRIATE) ITS CONSUMER ARBITRATION RULES AND MASS ARBITRATION SUPPLEMENTARY RULES. IF THERE IS A CONFLICT BETWEEN THIS ARBITRATION PROVISION AND THE AAA RULES, THIS ARBITRATION PROVISION WILL GOVERN. THE AAA’S RULES ARE AVAILABLE AT HTTP://WWW.ADR.ORG/. THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE BY A SINGLE INDEPENDENT AND NEUTRAL ARBITRATOR. FOR ANY HEARING CONDUCTED IN PERSON AS PART OF THE ARBITRATION, YOU AGREE THAT THE HEARING WILL BE CONDUCTED IN THE LARGEST CITY IN YOUR STATE WITHIN 100 MILES OF WHERE YOU LIVE. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE, YOU SHALL REIMBURSE US FOR ANY COSTS OR FEES PAID BY US ON YOUR BEHALF. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING. JUDGMENT ON THE ARBITRAL AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF DELAWARE. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notwithstanding anything to the contrary, WeRoad may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
Jurisdiction
These Terms, the Services, and this Website are governed by the laws of the State of Delaware, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms shall be settled in the courts of competent jurisdiction in Delaware. The foregoing shall not preclude WeRoad from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of WeRoad’s intellectual property rights.
Whole Agreement
These Terms, the General Terms and Conditions, any applicable waivers and our Privacy Policy represent the whole agreement between you and WeRoad concerning your use of and access to our Website and Services. No other term is to be included in this agreement except where required by applicable federal or state legislation.
Exclusion Of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State then such a clause shall not apply in that State and shall be deemed never to have been included in these terms and conditions in that State. Such a clause if legal and enforceable in any other State shall continue to be fully enforceable and part of this agreement in those other States. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with WeRoad’s prior written consent. WeRoad may freely assign, transfer, or delegate these Terms or any right or obligation hereunder without notice to you.
Contact Us
You may contact us about these Terms at booking@weroad.com or by writing to:
WeRoad SPA
Viale Cassala, 30
20143 - Milan