Terms & Conditions

1. Acceptance

Use of the (“BostonAsapCoach”) web sites at www.bostonasapcoach.com (collectively, the “Web Site”), the on-line reservation services (the “Services”) provided by BostonAsapCoach website, and the BostonAsapCoach Mobile Applications (each a “Mobile App”), are subject to the terms and conditions of use set forth below (“Terms of Use”), which include BostonAsapCoach Privacy Policy, incorporated into these Terms of Use by reference.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION. BY USING THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION, YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION ON BEHALF OF A BUSINESS ENTITY, nWHETHER AS AN EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. “YOU” SHALL REFER BOTH TO THE INDIVIDUAL ACCESSING THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. BOSTONASAPCOACH MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF THE WEB SITE, THE SERVICES, AND THE MOBILE APPLICATION AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION.

2. User ID, Password and Security

You are responsible for maintaining the confidentiality of any user ID and/or password provided to you by BostonAsapCoach for use in connection with the Web Site, the Services, or the Mobile Application. You are solely responsible for all activities that occur under your user ID and/or password, and you agree to notify BostonAsapCoach immediately of any unauthorized use of your user ID and/or password or any other breach of security related to the Web Site, the Services, or the Mobile Application. BOSTONASAPCOACH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR USER ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.

3. Use of the Web Site, the Services, and the Mobile Application

You may only use the Web Site, the Services, and the Mobile App in accordance with the Terms of Use, any posted policies and procedures that appear on the Web Site, and for lawful purposes. You agree not to use the Web Site, the Services, or the Mobile Application to: (a) transmit any material that is false, inaccurate, fraudulent, or misleading, (b) distribute computer viruses, worms, or software intended to damage or alter a computer system without the owner’s consent, (c) transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar, threatening, harassing or otherwise objectionable material, (d) transmit any material that infringes or misappropriates any third party’s copyright, trademark, trade secret, patent, or other proprietary rights, (e) use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic, (f) send or relay any unsolicited advertising or chain letters, (g) frame any portions of the Web Site, the Services, or the Mobile Application within another web site or establish links from any other web site to any page of the Web Site other than the home page or (h) exceed your permitted access or attempt to gain unauthorized access to the Web Site, the Services, or the Mobile App, or any part thereof, or other accounts, computer systems or networks, through login password mining or any other means, (i) resell use of, or access to, the Web Site, the Services, or the Mobile Application to any third party without BostonAsapCoach’s prior written consent. BostonAsapCoach reserves the right to terminate your access to the Web Site, the Services, or the Mobile Application at any time without notice if we determine, in our sole discretion, that you have abused or violated any of these terms and conditions.

4. Mobile Application License

Subject to your compliance with these Terms of Use, BostonAsapCoach grants you a limited non-exclusive, non-transferable license to download and install a copy of the Mobile Application on a single mobile device that you own or control and to run such copy of the Mobile Application solely for your use.

Unless otherwise agreed in writing you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mobile Applications or Services in any way; (ii) modify or make derivative works based upon the Mobile Applications; (iii) create Internet “links” to the Web Site or “frame” or “mirror” the Mobile Applications or Services on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Mobile Applications or Services in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Mobile Applications or Services, or (c) copy any ideas, features, functions or graphics of the Web Site, Services, or Mobile Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Web Site, Services, or Mobile Application.

5. Mobile Charges

You are responsible for payment of any costs or expenses incurred as a result of downloading and using any Mobile Application, including any operator network and roaming charges. Please check with your service provider for details.

6. Services

BostonAsapCoach’s provision to you of the Services may be subject to other terms, conditions and restrictions posted on the Web Site, the Mobile Application or otherwise communicated in writing to you by BostonAsapCoach, including via email. The Services are subject to availability and all price quotes are estimates. Please refer to the Service Terms of Use page for more information.

7. International Access

The Web Site, the Services, and the Mobile Application are provided from the United States of America and all servers that make it available reside in the United States of America. The laws of other countries may differ regarding the access and use of the Web Site and Service. We make no representations regarding the legality of this Web Site, the Services, or the Mobile Application in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States of America.

8. Third Party Applications

The Web Site, the Services, and the Mobile Application may enable you to link or connect you to use functionalities of third party applications, services or sites that are not owned or controlled by BostonAsapCoach (“Third Party Applications”). Any Third-Party Applications are subject to the terms and conditions of the relevant Third-Party provider. BostonAsapCoach has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any Third-Party content, services, sites, applications, links, syndicated content, advertisements, privacy policies and/or practices of any such third parties that may be accessible via the Web Site, the Services, or the Mobile Application. It is your responsibility to check the privacy policies and terms of service and usage of all Third-Party Sites that you visit prior to downloading or using any such Third-Party Applications.

9. Indemnification

You agree to indemnify and hold BostonAsapCoach, its subsidiaries, affiliates, subcontractors, partners, officers, employees, agents and vendors, harmless from any and all losses, liabilities, damages and/or costs (including reasonable attorneys’ fees) arising from any third-party claims arising from or related to your use of the Web Site, the Services, or the Mobile Application, or your violation of the Terms of Use or the Privacy Policy.

10. Payment

BostonAsapCoach uses a third-party payment processor (the “Payment Processor”) to link your credit card account to pay for the Services booked on the Web Site and through the Mobile Application. The processing of payments or credits, as applicable, in connection with your use of the Web Site, the Services, and the Mobile Application will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use. BostonAsapCoach is not responsible for any errors by the Payment Processor. In connection with your use of the Web Site, the Services, or the Mobile Application, BostonAsapCoach will obtain certain transaction details, which will be used solely in accordance with the Privacy Policy.

11. Privacy

BostonAsapCoach takes the privacy of you and your information very seriously. For further information about what information we collect and how we use such information, please view our Privacy Policy.

12. Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

13. Warranty Disclaimer

THE WEB SITE, THE SERVICES, THE MOBILE APPLICATION AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE, THE SERVICES, OR MOBILE APPLICATION, INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED INFORMATION, ARE PROVIDED BY BOSTONASAPCOACH ON AN “AS IS” BASIS, AND NEITHER BOSTONASAPCOACH NOR ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION OR THE INFORMATION MADE AVAILABLE BY OR THROUGH THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION. IN ADDITION, BOSTONASAPCOACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER BOSTONASAPCOACH NOR ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of Liability

IN NO EVENT WILL BOSTONASAPCOACH, ANY OF ITS SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION, OR ANY WEBSITES OR THIRD PARTY APPLICATIONS LINKED TO THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER BOSTONASAPCOACH KNEW OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOSTONASAPCOACH’S AGGREGATE LIABLITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THE WEB SITE, THE SERVICES, OR THE MOBILE APPLICATION (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR OTHER LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE USER TO BOSTONASAPCOACH FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR (ii) THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL APPLY REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY. You acknowledge that BostonAsapCoach has agreed to provide the Web Site, the Services, and the Mobile Application in reliance on the exclusions of liability and disclaimers of warranty set forth herein. Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation may not apply to you.

15. Arbitration

Any and all disputes pursuant to these Terms of Use, or otherwise between the parties, shall be submitted to binding arbitration in the State of Massachusetts in accordance with the commercial rules of the American Arbitration Association (“AAA”) then in effect. The costs of the arbitration shall be shared equally by the parties, provided that, the arbitrator may award attorneys costs and expenses to the prevailing party. The parties agree that any actions or disputes shall be adjudicated between the parties hereto, and shall not be combined with any other actions or disputes of other parties. Notwithstanding the foregoing, this arbitration clause shall not in any way be deemed to limit BostonAsapCoach’s right to commence an action in an appropriate court (and without submitting to arbitration) to protect its intellectual property rights or enjoin prohibited use of the Web Site, the Service, and the Mobile Application.

16. Force Majeure

BostonAsapCoach shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Web Site, the Services, or the Mobile Application provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of BostonAsapCoach.

17. Entire Agreement

These Terms of Use and the other policies and terms posted on the Web Site set forth the entire agreement between you and BostonAsapCoach on this subject matter and supersede all other negotiations, understandings, statements and agreements between the parties.

18. Questions

Should you have any questions regarding these Terms of Use you may contact us at customer_service@bostonasapcoach.com. Notwithstanding the foregoing, BostonAsapCoach is under no obligation to provide technical support for the Web Site, the Service, or the Mobile Application.