Welcome to my Site, www.travelwithjoshcohen.com, hereafter the “Site” This Site provides information, tips and recommendations to help you get the most out of your travels based on my own personal experiences.
The terms ‘Publisher’, ‘Site’ ‘I’ ‘Josh’ and ‘Josh Cohen ‘ refers to the owner of the website http://www.travelwithjoshcohen.com/
The term ‘you’ ‘your’ ‘visitor’ refers to the user or viewer of our website.
The term ‘Personal Information’ refers to your information that is personally identifiable or potentially personally identifiable.
The information provided here is intended for information and entertainment purposes only. It cannot, nor is it intended to replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, and legal matters. In addition, while the Publisher makes every effort to keep the Site up and running smoothly, he does not take any responsibility for, nor will he be liable for, the Site being temporarily unavailable due to technical issues beyond his control.
When you use this Site, or mobile app, if any, or send e-mails to the Publisher, you are communicating with me electronically. You consent to receive communications from the Publisher electronically as well. The Publisher will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of the Site and its Publisher and/or its content suppliers, and is protected by United States and international copyright laws.
TravelWithJoshCohen.com RESERVES ALL RIGHTS. No part of this Site may be reproduced or transmitted in any form whatsoever, electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without express written, dated and signed permission from the Publisher, including the compilation of all content included in or made available through any portion of our Site, which is the exclusive property of the Publisher and protected by United States and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available on any portion of the Site are the exclusive trademark or trade dress of the Publisher. Our trademarks and trade dress may not be used in connection with any product or service that is not TravelWithJoshCohen.com, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Publisher or the Site. Any trademarks not owned by the Publisher that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Publisher, and are used with the owner’s permission. Any trademarks reproduced in this Site, which are not the property of, or licensed to the Publisher, are acknowledged on the Site.
Unless otherwise noted, you may access and use the information and materials within the Site for your personal use. However, unless you have received written permission from the Publisher authorizing you to do otherwise, you may not under any circumstances change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Site. If you have obtained permission to use the property for other than your personal use, then such use is limited to the specific authorization granted in the writing. By using the Site, you agree to abide by all copyright and/or trademark notices or other posted restrictions.
The Publisher does not currently offer any products or services for sale on the Site. However, he does accept and sincerely appreciates freewill donations in any amount to support the work being done through the Site. If you find the information offered on the Site helpful, please consider donating.
In addition, while the Publisher offers recommendations of specific places you should visit, these recommendations are based exclusively on personal experience and are in no way a promise or guarantee of any kind that you will have a similar experience.
Some links on this Site may be connected to Amazon.com or other affiliate programs or networks. This means that if you click the link and purchase anything at the third-party website it leads to, the Publisher may receive a commission. However, you will not incur any additional cost for that product or service.
In addition, this Site may have ads that are hosted by Google Adsense. Ads displayed by Google Adsense are designed by Google to cater to your personal interest and should not be seen as an endorsement by the publisher.
Like the vast majority of today’s website operators, this Site collects non-personally-identifying information, such as your browser type, language preference, the Site that referred you, and the date and time of each visitor request. Our purpose in collecting this type of non-personally identifying information is to better understand how visitors use the Site. From time to time, the Publisher may release non-personally-identifying information in the aggregate, e.g. by publishing a report on trends in the usage of its Site.
The Site also collects information that may potentially be personally-identifying, like Internet Protocol (IP) addresses. However, this information is not used to identify our visitors, and only use or disclose this under the same conditions and circumstances that other personally-identifying information, is disclosed.
Collection of Personally-Identifying Information
The Publisher may also collect personally identifiable information, via the Site. Only the amount of information that is needed and/or appropriate to fulfill the purpose it is being obtained for will be collected. Personally-identifying information is never collected without your permission. We will not sell or rent your personal information to anyone.
Collection of Statistical, or Aggregate Information
The Site may collect statistics about how visitors use it in an aggregated form. The Publisher reserves the right to use this information in any reasonable manner, including publicly displaying it or giving it to others. Aggregate information does not include personally identifying, or potentially identifying information.
Use and Disclosure of Your Personally-Identifying Information
The Site and/or its Publisher discloses your personal information to its employees, contractors and affiliated organizations, if any, that need to know the information in order to process it and/or any requests you may have made, on our behalf, and that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Site, you consent to us transferring this information to them.
Your information may also be disclosed in the event of a sale or other acquisition of all or some of the Site’s assets. In using our Site, and providing us with your information, you acknowledge that such transfers may occur, and that any person or organization acquiring the Site may continue to use your personal and non-personal information as set forth in this policy.
Your information will also be disclosed when required or allowed by law, such as a court order, or when the Site, and/or its Publisher has a good faith reason to believe that such disclosure is necessary in order to protect its own property rights, or those of third parties or the public at large.
All measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of your personal information are taken by the Publisher.
In addition, we have measures in place to safely destroy your information when it is no longer needed for the purposes for which it was collected.
If you provide us with your name and email address we will use it to communicate with you electronically unless you have expressly told us not to. However, even if you have given us permission to send such mailings, you may choose to opt out of those mailings at any time by following the directions provided at the bottom of any email we send, or by clicking on the contact link provided on our site, or writing to us at the email address specified in the mailing.
The Site combines technical and physical safeguards, policies and procedures to protect your information. The Site or payment processor works to protect your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information that you provide online at the Site. The Site also uses commercially reasonable efforts to protect your information. The Publisher will also continue to assess new technology for protecting information, and when appropriate, upgrade his information security systems.
Further, only authorized only Site employees and third parties, if any, are permitted to access any Personal Information that you supply on the Site. If an employee misuses Personal Information, disciplinary action will be taken, up to and including termination of employment. If any third party individual or organization misuses Personal Information or Prospect Information, action will be taken, up to and including termination of any agreement between the Site and that individual or organization. For your additional security “PayPal”, is used exclusively, for payment processing of any donations you make to the Site. The Publisher and/or his employees do not have access to your credit/debit card data offline, nor is it stored on our company computers or servers. For PayPal’s privacy notice please visit www.PayPal.com and click on the privacy link.
Please direct any questions or concerns regarding the use or disclosure of Personal Information to the Site’s Publisher via the contact form on our site. All questions and complaints will be investigated and the Publisher will make every effort to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Statement.
The Publisher, has no special relationship with or fiduciary duty to you and makes no promises or guarantees that your experiences will be the same as described in his own experience. The Site, its features, Content, and any Software, including, but not limited to any mobile apps offered on or through the Site, are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Publisher makes no representations or warranties of any kind with respect to the Site, the features or services, if any, including any representation or warranty that the use of the Site, feature or services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components. You, and not the Publisher shall assume the entire cost of all necessary servicing, repair or correction, if any, to your system.
To the fullest extent allowed by law, Publisher disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material, features or services provided on this Site. By using this Site, you acknowledge that Publisher is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to any mobile applications; (3) the temporary or permanent inability to access or retrieve any Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program; (4) That you will have the same or similar experiences as the Publisher at any of the places, events or services, or by using products he may recommend via the Site. Furthermore, we are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, will Publisher or its employees, contractors and affiliated organizations, be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Site, or any products or services provided pursuant to, or through the Site, or its mobile app, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by the Publisher for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Site.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from third-parties.
CHILDREN and PARENTAL PERMISSION
This Site is intended to serve adults. It also offers a forum and access for subscribers to talk about their stories and experiences. Accordingly, Publisher has no duty or obligation to take any action regarding: who gains access to the Site; which Content users access via the Site; what effects the Content may have on a specific user, if any; how users may interpret or use the Content; or what actions user may take as a result of having been exposed to the Content.
You expressly agree to abide by this restriction, and not to help anyone avoid these restriction. If you are the adult parent or guardian of a person under the age of 18 and have decided to allow them access whether by your actions or inaction, you assume all liability for the results and agree not to hold this Site or its Publisher liable for your child’s actions.
In addition, we do not knowingly collect, maintain, or use Personal Information from children under the age of 18. If you are under the age of 18, do not share your personal information with the Publisher or on this Site.
Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The laws of the state of “Your State, Your Country” shall apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Term and Conditions of Use as a court would.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The Publisher will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous, nor agree to pay such costs and fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person where our offices are located.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using our Site, you agree that the United States Arbitration and Mediation for arbitration in accordance with United States Arbitration and Mediation Rules of Arbitration and the laws of the state of “New York”, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and Privacy Policies and any dispute of any sort that might arise between you and the Site or its Publisher.
Site POLICIES, MODIFICATION, AND SEVERABILITY
SERVICE OF PROCESS
If you have a subpoena or other legal process to serve on the Publisher, such as for the purposes of commencing an Arbitration Proceeding, you must send it to us by certified mail. Please email us using the Site’s contact form with, the subject line legal matters, to receive the appropriate address.
Please note that I cannot accept service of process via e-mail or fax and will not respond to the subpoena, or documents unless served properly. All subpoenas and other legal documents must be properly served on us, by certified mail at our business offices.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.