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Travelry
Platform Terms of Service
Last Updated: December 15, 2023
THANK YOU FOR YOUR INTEREST IN TRAVELRY’S SERVICE. THE TRAVEL PRODUCTS SHOWCASED ON TRAVELRY’S APP ARE AGGREGATED FROM OUR PRODUCERS THROUGH THE SERVICE (DEFINED BELOW) PROVIDED BY TRAVELRY. YOUR USE OF THE SERVICE IS SUBJECT TO THESE TERMS OF SERVICE.THESE TERMS OF SERVICE ARE ENTERED INTO BY AND BETWEEN YOU AND TRAVELRY CORPORATION, A TEXAS CORPORATION D/B/A/ TRAVELRY ("TRAVELRY," "WE," “OUR” OR "US"). THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH ANY DOCUMENTS, AGREEMENTS OR POLICIES THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY, "TERMS"), GOVERN YOUR ACCESS TO, AND USE OF, OUR TRAVEL MARKETPLACE APP AND RELATED PLATFORMS, WIDGETS, AND OTHER SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE BY US (COLLECTIVELY, THE "SERVICE").PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY ACCESSING OR USING THE APP YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.1. Travelry Platform Overview.
The Service enables users to discover and purchase travel-related transportation services, tours, excursions, activities, concerts, events, and other similar travel products (“Travel Products”) that are owned, controlled or otherwise made available by third parties (“Producers”) either directly (e.g., by a tour guide) or indirectly (e.g., by a travel agent). Generally, Producers will provide the Travel Products that appear on the Service.
2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity or organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration. Travelry may provide you the ability to register for an account on the Service. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@travelry.net. We will not be liable for any losses caused by any unauthorized use of your account.Notwithstanding anything in these Terms to the contrary, you agree that we have the right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third-party hosting providers’) servers in connection with our provision of the Services.
4. Booking Terms.4.1 Booking Travel Products. Certain Travel Products displayed on the Service may require you to follow a link to a Producer’s website in order to complete your booking and remit payment. In that case, your payment and booking of the Travel Product is subject to the terms and conditions of the applicable Producer. Also see Section 7- Third Party Terms.4.2 Fees for Travel Products. Travelry may make certain Travel Products available for purchase through the Service. If you purchase a Travel Product through the Service, you may be required to pay all amounts payable in connection with the Travel Product to Travelry, however, your booking will remain subject to the terms and conditions of the actual Producer and/or supplier of the Travel Product, in addition to these Terms. Before you pay any fees to Travelry, you will have an opportunity to review and accept the fees that you will be charged. 4.3 Authorization. You hereby authorize Travelry to charge the payment method specified in your account for any and all sums for the orders that you make as described in these Terms or published by Travelry. If you pay any fees with a credit card, Travelry may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
5. Licenses5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Travelry grants you, solely for your personal, non-commercial use, a limited, temporary, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. 5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, or publicly display the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; or (d) access or use for any commercial purposes any part of Service. If you are prohibited under applicable law from using the Service or participating in any Travel Product, you may not use the Service or book that Travel Product.5.3 Feedback. You may choose to provide input and suggestions regarding the Service, including problems with or proposed modifications or improvements to the Service (“Feedback“). You hereby grant Travelry an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use and exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
6. Ownership; Proprietary Rights. The Service is provided under license and is not sold to you. You do not acquire any ownership interest in the Service or the Materials (defined below) under these Terms, or any rights other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Travelry reserves and shall retain all right, title, and interest in and to the Service, including all intellectual property rights therein or relating thereto, except as expressly granted to you herein. The visual interfaces, graphics, trademarks, logos, design, compilation, information, data, computer code (including source code or object code), products, services, and all other elements of the Service, including Third Party Content (as defined below) (collectively, “Materials”) made available through the Service are protected by intellectual property and other laws. All Materials included in the Service are either the property of Travelry, its Producers, or its third party licensors and Travelry, its Producers, and its third party licensors reserve and shall retain all right, title, and interest in and to the Materials, including intellectual property rights therein or relating thereto. Except as expressly authorized by Travelry, its Producers, or the applicable third-party licensor, you may not use the Materials for any purpose.
7.Third Party Terms7.1 Linked Websites and Third-Party Content. The Service displays content made available by, or obtained from, Producers and other third parties (the “Third-Party Content”). Such content may include prices, images or descriptions of Travel Products. The Service may also contain links to third party websites, including links directing you to visit a third-party website in order to complete your booking of a Travel Product or view the terms and conditions of an applicable Producer. Travelry does not control, and is not responsible for any content on, such third party websites.7.2 Third-Party and/or Producer Terms. Each Travel Product is governed by the terms and conditions of the applicable Producer and other third parties. You agree to comply with any third-party terms and conditions that apply to your booking of, and participation in, a Travel Product, including without limitation terms of service, privacy policies, cancellation terms, payment terms, and liability waivers.7.3 Accessibility Details, Health Warnings, and Difficulty Levels. The Service may display certain content made available by, or obtained from, Producers and other third parties. Producers may or may not provide to Travelry information relating to the accessibility details, health warnings, or difficulty levels of the Travel Products. TRAVELRY DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE PRESENCE OR ABSENCE OF ANY SUCH CONTENT FROM PRODUCERS AND OTHER THIRD PARTIES, AND TRAVELRY CANNOT GUARANTEE THAT THE FACILITIES OR SERVICES OFFERED BY PRODUCERS WILL BE ACCESSIBLE UNDER THE AMERICANS WITH DISABILITIES ACT OR OTHER SIMILAR LAWS.
8. User Content
8.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including comments and reviews (“User Content”) for publication on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
8.2 Limited License Grant to Travelry. By submitting, posting, publishing, or sharing User Content, you grant Travelry a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3 Limited License Grant to Other Users. By submitting, posting, publishing, or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.4 User Content Representations and Warranties. TRAVELRY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. You are solely responsible for your User Content and the consequences of submitting, posting, publishing, or sharing User Content. By submitting, posting, publishing, or sharing User Content, you affirm, represent, and warrant that:a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Travelry and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Travelry, the Service, and these Terms;b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Travelry to violate any law or regulation; c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, discriminatory or otherwise inappropriate; or d. your User Content is not likely to deceive or promote any illegal activity, or advocate, promote, or assist any unlawful act.
8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Travelry may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. We have the right to:
Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Travelry.
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 Service.
Terminate or suspend your access to all or part of the Service 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 Service. YOU WAIVE AND HOLD HARMLESS TRAVELRY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, you understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. We cannot ensure prompt removal of such 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 NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Travelry with respect to User Content. 8.6 Monitoring Content. Travelry does not control and does not have any obligation to monitor User Content. You acknowledge and agree that Travelry reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. IF AT ANY TIME TRAVELRY CHOOSES TO MONITOR THE CONTENT, TRAVELRY STILL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF CONTENT. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.9. Prohibited Activities. You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:In any way that violates any applicable federal, state, local, or international law or regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or users.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 transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.To impersonate or attempt to impersonate Travelry, a Producer, any employee, agent or representative of Travelry or a Producer, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Travelry or other users of the Service, or expose them to liability.Additionally, you agree not to:Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.Use any manual process to monitor or copy any of the material on the Service, 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 Service.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 Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.Disassemble, reverse engineer, decode or decompile any part of our Service.Copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Service or any of our intellectual property.Remove any copyright notices or proprietary legends from our Service.Use our Service in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage.Use our Service for benchmarking or competitive analysis of our Service.Share passwords or authentication credentials for our Service.Bypass the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service or the content therein, including without limitation features that prevent or restrict use or copying of any content.Identify us or display any portion of our Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights.Identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Service under these Terms, without our express written consent.Otherwise attempt to interfere with the proper working of the Service.
10. Trademarks. The TRAVELRY name, and all related names, logos, product and service names, designs, and slogans are trademarks of Travelry. You must not use such marks without the prior written permission of Travelry. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
11. Digital Millennium Copyright Act11.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Travelry Corporation Registered Agent:
Cogency Global, Dallas, Texas1601 Elm Street, Suite 4360, Dallas, TX 75201844-818-2384 Fax 866-342-7307
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;b. a description of the copyrighted work or other intellectual property that you claim has been infringed;c. a description of the material that you claim is infringing and where it is located on the Service;d. your address, telephone number, and email address;e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; andf. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.11.2 Repeat Infringers. Travelry will promptly terminate the ability of users that are determined by Travelry to be repeat infringers from supplying content to the Service.
12. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. If we make a change to these Terms, we may notify you by sending you an email to the last email address you provided to us (if any) or by posting notice of the changes on the Service. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your assent to the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
13. Reliance on Information Posted. We do not warrant the accuracy, completeness, or usefulness of the Materials or information posted on or through the Service. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service or by anyone who may be informed of any of its contents. The Service includes content provided by third parties, including materials provided by other users, and third-party licensors, and/or aggregators. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
14. Term, Termination and Modification of the Service14.1 Terms. These Terms shall remain in effect until modified pursuant to Section 12 or terminated pursuant to Section 14.2.14.2 Termination. If you violate any provision of these Terms, your account and these Terms will automatically terminate. In addition, Travelry may, in its sole discretion, terminate these Terms or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@travelry.net.14.3 Effect of Termination. Upon termination of these Terms: (a) all licenses granted to you under these Terms will terminate and you must immediately cease all use of the Service; and (b) all payment obligations accrued prior to termination and Sections 3, 6, 7, 8.2, 14.3, 15, 16, 17, 18, 19 and 20 will survive.14.4 Modification of the Service. Travelry reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Travelry will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
15. Indemnity. You are responsible for your use of the Service, and you agree to indemnify, defend, release and hold harmless Travelry and its licensors, service providers, officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Indemnified Entities“) from and against any claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, including any representation or warranty, any agreement referenced in these Terms (including a Producer’s terms and conditions), or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party, including a Producer; or (e) any other person or entity’s access and use of the Service with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You will not settle any claim without the prior written consent of Travelry, which may be withheld in its sole and absolute discretion.
16. Disclaimers; No WarrantiesTHE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TRAVELRY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE TRAVEL PRODUCTS, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TRAVELRY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TRAVELRY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. TO THE FULLEST EXTENT PROVIDED BY LAW, TRAVELRY 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 SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT. TRAVELRY IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE MATERIALS DISPLAYED ON THE SERVICE (INCLUDING ANY THIRD-PARTY CONTENT). TRAVELRY DOES NOT PROVIDE, OWN, CONTROL OR ENDORSE ANY TRAVEL PRODUCTS. IT IS THE SOLE RESPONSIBILITY OF THE PRODUCER OR ITS PARTNERS, AFFILIATES, OR AGENTS TO PROVIDE THE TRAVEL PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TRAVELRY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING TRAVELRY OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TRAVELRY IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALINGS WITH ANY PRODUCER OR ANY OTHER THIRD PARTY. NOTWITHSTANDING THE FOREGOING, TRAVELRY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THE DISCLAIMER OF WHICH IS PROHIBITED BY APPLICABLE LAW.
17.Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRAVELRY OR THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (THE “RELATED ENTITIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE TRAVEL PRODUCTS, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAVELRY OR ANY RELATED ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 18.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF TRAVELRY AND THE RELATED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TRAVELRY UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100. ANY DISPUTE YOU HAVE WITH A PRODUCER IS DIRECTLY BETWEEN YOU AND SUCH PRODUCER, AND YOU IRREVOCABLY RELEASE TRAVELRY AND THE RELATED ENTITES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration18.1 Generally. In the interest of resolving disputes between you and Travelry in the most expedient and cost-effective manner, and except as described in Section 18.2, you and Travelry agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION (WHETHER IN COURT OR ARBITRATION).18.2 Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) seek injunctive relief in a court of law in aid of arbitration; (c) to file suit in a court of law to address an intellectual property infringement claim; or (d) as otherwise set forth in this Section 18.18.3 Arbitrator. Any arbitration under these Terms will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA“) under its Consumer Arbitration Rules (collectively, “AAA Rules“) as modified by these Terms. The AAA Rules and filing forms are available online at adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.18.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration“). The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, a party may commence an arbitration proceeding. 18.5 No Class Actions. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR TRAVELRY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.18.6 Enforceability. If this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20.1 will govern any action arising out of or related to these Terms.
19. Limitation on Time to File Claims. 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 AND IRREVOCABLY BARRED.
20. General Terms. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Travelry regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
20.1 Governing Law. These Terms are governed exclusively by the laws of the state of Texas without regard to conflict of law principles.
20.2 Privacy Policy. Please read the Travelry Privacy Policy (https://travelry.net/privacy) (‘Privacy Policy”) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. As part of your use and interaction with the Service, we will collect data, metadata, and information, including personal information, that you provide to us or that is collected by us or via the Service, including without limitation as described in our Privacy Policy ("User Data"). For clarity, however, User Data does not include your User Content described above. You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all User Data in order to provide and maintain the Service and for such uses as described in our Privacy Policy, and, to improve our products and Websites and for our other business purposes. We take no responsibility and assume no liability for any of your User Data. You shall be solely responsible, and hereby indemnify us from and against any damages or liability in connection with any claims brought by any party, in connection with your User Data.
20.3 Additional Terms. Purchases or other transactions for the sale of goods or services formed through the Service, or resulting from visits made by you, may be governed by separate terms of sale. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service.
20.4 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
20.5 Personal Liability Waiver. In consideration for the opportunity and permission to participate in any Travel Product, you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Travelry and their respective licensors, affiliates, and each of their respective officers, agents, and employees (“Releasees”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that you may sustain, or that any of your property may sustain, while participating in or utilizing any Travel Product, REGARDLESS OF WHETHER THE LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES and regardless of whether the liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. You acknowledge that you are fully aware of the risks and hazards connected with the Travel Products you choose to participate in, that you are aware that such activities include the risk of injury and even death, and you hereby elect to voluntarily participate in these activities and assume all risks, known or unknown, remote or otherwise, in connection with your travel, knowing that your travel and utilization of Travel Products may be hazardous to you and your property. You understand that this Section 20.5 will bind the members of your family and your heirs, assigns, and personal representatives.
20.6 Contact Us
This website is operated by Travelry, https://travelry.net.
All notices of copyright infringement claims should be sent to the copyright agent in the manner and by the means set out in Section 11 of these Terms.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@travelry.net.
