Terms of Use

Dynamic History Salem

Terms of Use

ATTENTION: Please read these Terms of Use carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.

Dynamic History Salem, LLC (“Dynamic History Salem”, “we” or “us”) takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our website or access our services. For more information please visit the Dynamic History Salem Privacy Policy.

This document is an agreement between you and Dynamic History Salem that describes the terms of use (“TOU”) subject to which you may access and use the content and services offered on the websites operated by Dynamic History Salem, including but not limited to https://dynamichistorysalem.com (the “Dynamic History Salem Sites”). The services and tools offered on some Dynamic History Salem Sites may be subject to additional terms and conditions described herein, on a Dynamic History Salem Site, or provided with such services or tools. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE DYNAMIC HISTORY SALEM SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Please note that Dynamic History Salem reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the Dynamic History Salem Sites or services following the posting of changes to these TOU will mean you accept those changes. Dynamic History Salem reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that Dynamic History Salem shall have the right to terminate your access to Dynamic History Salem services for violations of any of these terms. By accessing the Dynamic History Salem Sites or signing up for a Dynamic History Salem service, you are considered a “Site User” for purposes of these TOU.

  1. Personal, Non-Commercial Use: Dynamic History Salem Sites are made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, tools, products, or services obtained from the Dynamic History Salem Sites. COPYING OR REPRODUCTION OF CONTENT OR FUNCTIONALITY TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
  2. Services: Dynamic History Salem organizes walking tours (each a “Tour”) and provides a platform on the Dynamic History Salem Sites for Site Users to book Tours in exchange for a fee (“Fee”). Each Tour is led by an authorized representative of Dynamic History Salem (the “Tour Guide”).  Dynamic History Salem has the sole discretion and authority to determine the maximum amount of individuals who may participate in a given Tour.  Site Users may have the option to book a Tour that is generally available to the public (a “Public Tour”), or Site Users may book a Tour on behalf of a designated group (a “Private Tour”).  Any Site User that books a Tour is considered a “Tour Guest” upon payment of the applicable Fee.
  3. Assumption of Risks: Participating in a Tour may involve spending time outdoors, inside premises, on public property, on private property, and in the company of other individuals. You understand that as a result, Tours may be impacted by circumstances that are out of Dynamic History Salem’s control, including but not limited to weather conditions, facilities undergoing construction or renovation, the conduct of other Tour Guests, and the conduct of other individuals you may encounter. BY BOOKING A TOUR AND PAYING THE APPLICABLE FEE, YOU KNOWINGLY, WILLINGLY, AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATION IN A TOUR. Such risks include, but are not limited to:
    1. Risks associated with consumption of food or beverage;
    2. Risks associated with being in close proximity to other individuals, such as the risk that an individual carries an infectious disease like COVID-19 or associated variants;
    3. Risks associated with traveling to, during, or from the Tour site, whether by vehicle or public transportation;
    4. Risks associated with occupying or moving through private property;
    5. Risks associated with occupying or moving through public property; and
    6. Risks associated with physical activity such as walking or running.
  4. Waiver and Release: By booking a Tour and paying the applicable Fee, you hereby release, waive, and discharge Dynamic History Salem and the Tour Guide from liability for any claims arising from participation in a Tour, including claims related to personal injury, illness, disease, accidents, death, or loss of personal property sustained during a Tour (collectively “Claims”), even if the loss or damage resulted from negligence of Dynamic History Salem. in the event you book a tour for another person, you represent and warrant that you have informed the other persons of these tou, including the assumption of risks and waiver and relase provisions, and have obtainED their agreement to be bound thereby.
  5. Third-Party Content and Links: The Dynamic History Salem Sites may display content or tools provided by third parties, links to third-party web pages, advertisements, and solicitations to purchase products or services (collectively “Third Party Content”). In consideration for the convenience of Dynamic History Salem making Third Party Content available or accessible to you, you acknowledge that Dynamic History Salem is not responsible for any such Third Party Content and Dynamic History Salem makes no representations as to the completeness or accuracy of such Third Party Content. You also agree that Dynamic History Salem is not responsible or liable for any losses or damages you experience with any Third Party Content you choose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you.
  6. Dynamic History Salem Intellectual Property Rights: Dynamic History Salem, Dynamic History Salem Tours, and related product and service names and logos (the “Marks”) are the trademarks of Dynamic History Salem, LLC  or its licensors, in the United States, other countries, or both. Except for Third Party Content, the Dynamic History Salem Sites and services, including any text, graphics, sounds, images, and software of Dynamic History Salem provided therewith (the “Materials”) are the intellectual property of Dynamic History Salem, its licensors, affiliated companies, or other third parties. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Dynamic History Salem.
  7. Copyright Infringement and Copyright Agent: If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Dynamic History Salem Site, please provide notice to the Dynamic History Salem Copyright Agent and include the following information (“Notice”):
    • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
    • A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
    • A description of the location of the material that you claim is infringing.
    • Information sufficient to permit Dynamic History Salem to contact you, such as your physical address, telephone number, and email address.
    • A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Dynamic History Salem Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:               Copyright Agent

Dynamic History Salem LLC

2 Margin Street, Unit 846

Salem, MA 01970

By email:             dynamichistorysalem@gmail.com

YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A DYNAMIC HISTORY SALEM SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.

  1. Site User Responsibilities: Site Users are responsible for obtaining access to the Dynamic History Salem Sites, and that access may involve third-party fees (such as Internet service provider or airtime charges). Site Users are responsible for those fees.
  2. Payment Processing: All payment processing services for the Dynamic History Salem services are provided by the third party payment platform, FareHarbor, and your use thereof is subject to the FareHarbor Terms of Service for Consumers. You agree to comply in all respects with these Terms of Service, including providing accurate and complete contact and payment information. You agree to cooperate with and assist FareHarbor in good faith, and to provide FareHarbor with information and take such actions as may be reasonably requested, in connection with any complaints or claims or with respect to any investigation undertaken by FareHarbor or a representative of FareHarbor regarding your use or abuse of FareHarbor’s payment processing services or your breach of the FareHarbor Terms of Service. You acknowledge and agree that you are solely responsible for any service fee charged by FareHarbor for payment processing services and that Dynamic History Salem shall have no liability for your use of such payment processing services. It is your responsibility to verify that any FareHarbor transaction initiated by you was successfully processed.
  3. Refund and Cancellation Policy: If you book a Tour that you cannot attend, you may be refunded the Fee(s) that you paid for that Tour if:
    1. You cancel your booking at least forty-eight (48) hours prior to the start time of the Tour, or
    2. The Tour was cancelled by Dynamic History Salem due to weather conditions or other unforeseen circumstances.
  4. Compliance with Laws: By accessing or using the Dynamic History Salem Sites or services, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Dynamic History Salem Sites or services. Dynamic History Salem makes no representation that the content on the Dynamic History Salem Site is appropriate or available for use outside the United States. If you have chosen to access the Dynamic History Salem Site from outside the United States, you do so at your own initiative and risk, and you are solely responsible for compliance with your local laws, if and to the extent, local laws are applicable.
  5. Legal Disclaimers: The Dynamic History Salem Sites and all information and content provided therein are for the convenience of visitors of the Dynamic History Salem Sites and for customers and potential customers of Dynamic History Salem and its service offerings. DYNAMIC HISTORY SALEM DOES NOT ENDORSE ANY THIRD PARTIES NOR SCREEN THIRD PARTY CONTENT FOR ACCURACY OR TRUSTWORTHINESS. TO THE FULLEST EXTENT PERMITTED BY LAW, DYNAMIC HISTORY SALEM AND ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE TOURS, THE DYNAMIC HISTORY SALEM SITES, OR THE MATERIALS AND CONTENT PROVIDED THEREIN. THE DYNAMIC HISTORY SALEM SITES, SERVICES, TOURS, AND ASSOCIATED INFORMATION AND CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DYNAMIC HISTORY SALEM DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DYNAMIC HISTORY SALEM SITES. DYNAMIC HISTORY SALEM DOES NOT WARRANT THAT THE DYNAMIC HISTORY SALEM SITES WILL OPERATE ERROR-FREE OR THAT THE DYNAMIC HISTORY SALEM SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL THROUGH THE USE OF THE DYNAMIC HISTORY SALEM SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. IF YOUR USE OF THE DYNAMIC HISTORY SALEM SITES OR MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, DYNAMIC HISTORY SALEM IS NOT RESPONSIBLE FOR THOSE COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

  1. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS DYNAMIC HISTORY SALEM, ITS OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE DYNAMIC HISTORY SALEM SITES OR SERVICES, OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE DYNAMIC HISTORY SALEM SITES OR SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TOU, THE AGREEMENTS OR POLICIES REFERENCED HEREIN, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF DYNAMIC HISTORY SALEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the Dynamic History Salem Site, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Dynamic History Salem Site.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

  1. Indemnity: You agree to defend, indemnify, and hold harmless Dynamic History Salem and its members, managers, employees, consultants, agents, licensors and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Dynamic History Salem Sites, (ii) participation in any Tour by you or by anyone on whose behalf you have booked a Tour, (iii) any violation of these TOU or applicable law by you in connection with your use of the Dynamic History Salem Sites or services, or participation in any Tour, or (iv) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party.
  2. Governing Law; Arbitration: Any controversy or claim arising out of or relating to these TOU and the agreements and policies referenced herein, or the breach thereof, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions, and shall be adjudicated by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitrator(s) shall be experienced in and knowledgeable about legal issues related to ecommerce and software as a service. The place of arbitration shall be Boston, Massachusetts. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
  3. Force Majeure: Under no circumstances shall Dynamic History Salem, its members, managers, suppliers, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, acts of war or terrorism whether or not war is declared, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
  4. Entire Agreement; Waiver; Severability; Assignment: These TOU and the agreements and policies referenced herein constitute the entire agreement between you and Dynamic History Salem with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any failure by Dynamic History Salem to enforce a provision of these TOU is not a waiver of its right to do so later. If for any reason, any provision or portion of the TOU is found to be unenforceable, the remainder of the TOU will continue in full force and effect. You may not assign or delegate any rights or obligations hereunder. Dynamic History Salem may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.

These Terms of Use were last amended on May 3, 2022.

Terms of Use - Privacy Policy