Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by travoquest, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a travoquest.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
We have not reviewed, and cannot review, all of the material (such as computer software, items for sale, or content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 9 below to submit copyright complaints) and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which travoquest.com links, and that link to travoquest.com. travoquest does not have any control over those non-travoquest.com websites, and is not responsible for their contents or their use. By linking to a non-travoquest.com website, travoquest does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. travoquest disclaims any responsibility for any harm resulting from your use of non-travoquest.com websites and webpages.
As travoquest asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by travoquest.com violates your copyright, you are encouraged to notify travoquest in accordance with the process set out in the U.S. Digital Millennium Copyright Act (DMCA). Travoquest will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. travoquest will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of travoquest or others. In the case of such termination, travoquest will have no obligation to provide a refund of any amounts previously paid to travoquest.
This Agreement does not transfer from travoquest to you any travoquest or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with travoquest. travoquest, travoquest.com, the travoquest.com logo, and all other trademarks, service marks, graphics and logos used in connection with travoquest.com or our Services, are trademarks or registered trademarks of travoquest or travoquest’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any travoquest or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Travoquest may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your travoquest.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
In no event will travoquest, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to travoquest under this Agreement during the twelve (12) month period prior to the cause of action. travoquest shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
This Agreement constitutes the entire agreement between travoquest and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of travoquest, or by the posting by travoquest of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; travoquest may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.