TravSolo

Terms of Service

 

Last Revised on July 26, 2019

TravSolo Terms of Use

This Terms of Use (Agreement) is a binding agreement between you (User or you) and TRAVSOLO, INC. (TravSolo or we). TravSolo includes www.travsolo.com (the “Website”) and other websites and mobile applications maintained and owned or will be owned and maintained in the future by TravSolo, including the TravSolo mobile application (“App”).

1. Acceptance

Please read these terms and conditions carefully. They govern your browsing and use of all of the Service provided by TravSolo including any and all content and information available on the Service.

By creating a TravSolo account, whether through the Website or through the App (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and Safety Tips each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service.

2. Eligibility
You must be at least 18 years of age to create an account on TravSolo and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with TravSolo,
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
  • you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Use of the Service

License Grant: Subject to the terms of this Agreement, TravSolo grants you a limited, non-exclusive, and non-transferable license to: (a) download, install, and use the Service for your personal, non-commercial use; and (b) access and use the content and services that are accessible through the Service.

License Restrictions: User shall not: (a) copy the Service, except as expressly permitted by this Agreement; (b) modify, translate, adapt, or otherwise create derivative works or improvements of the Service; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to obtain access to the source code of the Service or any part of it); (d) remove, delete, alter, or obscure any intellectual property rights notices from the Service; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time; nor (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service.

Reservation of Rights. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under this Agreement, or any other rights other than to use the Service in accordance with the license granted, which is subject to the terms of this Agreement. TravSolo reserves and retains its entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights in the Service or related to it, except for those rights that have been expressly granted to you in this Agreement.

Collection and Use of Your Information. You acknowledge that when you download, install, or use the Service, TravSolo may use automatic means (e.g., cookies and web beacons) to collect information about your personal device and about your use of the Service (which may include information about your physical location and movement while using the Service). You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Service or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Service is subject to our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY]. By downloading, installing, using, and providing information to or through the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. User Submissions:

a) Some of the services provided by us may allow you to submit or transmit audio, video, text, image or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the services.
b) When you provide User Submissions, you grant to TravSolo and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub licensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those user submissions, and any names, voices, likenesses and other identifying information of persons that is part of those user submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
c) You represent and warrant that you own or control all rights in and to the User Submissions and have the right to grant the license granted in Section 4(b) to us and our affiliates and partners and our respective licensees, successors and assigns.
d) You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not TravSolo have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other user of the Service.

5. Safety; Your Interactions with Other Users 

Though TravSolo strives to encourage a respectful user experience, TravSolo is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow TravSolo’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users..

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT TRAVSOLO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. TRAVSOLO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR TRUTHFULNESS OF USERS. TRAVSOLO RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT TRAVSOLO MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

6. Content and Information

Our Service may contain information, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or be outdated. TravSolo makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions, references, and links to third-party products and materials within this Service does not imply endorsement of those third-party products and materials and are not warranted to be accurate, complete, current, or error-free. Third-party materials and any links to them are provided only as a convenience to you, and you access and use them entirely at your own risk and subject to any applicable third-party terms and conditions.

7. Amendments and Updates 

We reserve the right to withdraw or amend this Service, and any services or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
TravSolo may develop and provide updates to the Service, which may include upgrades, bug fixes, patches, other error corrections or new features (Updates). Updates may also modify or delete certain features and functionality. TravSolo has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or the Service itself. Based on your personal device settings, when your personal device is connected to the internet either: (a) the Service will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available updates. You must promptly download and install all Updates. You acknowledge that the Service or portions thereof may not properly operate if you do not download and install all updates. For purposes of this Agreement, all Updates are considered to be part of the Service and are subject to all terms and conditions of this Agreement.

8. Access and Security

To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

9. Prohibited Conduct 

By using the Service, you agree that you will not:

    • use the Service for any purpose that is illegal or prohibited by this Agreement.
    • use the Service account for any harmful or nefarious purpose.
    • use the Service in order to damage TravSolo.
    • spam, solicit money from or defraud any users.
    • impersonate any person or entity or post any images of another person without his or her permission.
    • bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
    • post any user submissions that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
    • post any user submissions that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    • post any user submissions that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
    • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
    • use another user’s account.
    • create another account if we have already terminated your account, unless you have our permission.

TravSolo reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that TravSolo regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

10. Purchases. 

● In App Purchases.  TravSolo may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by TravSolo (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel.

● Auto Renewal:

If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the TravSolo application from your device. Deleting your account on TravSolo or deleting the TravSolo application from your device does not cancel your subscription; TravSolo will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

11. Refunds.

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area:

In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you have made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of TravSolo) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you have made for your subscription which is allocable to the period after your disability.
If you reside in the EU, European Economic Area, or one of the above mentioned states, and you subscribed using your Apple ID, refunds are handled by Apple, not TravSolo. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you reside in the EU, European Economic Area, or one of the above mentioned states, and you subscribed using your Google Play Store account, please contact Google Play’s customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

12. Disclaimer 

TRAVSOLO PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRAVSOLO DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
TRAVSOLO TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
TRAVSOLO DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.

13. Limitation of Liability

IN NO EVENT SHALL TRAVSOLO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, COSTS OR ANY OTHER DAMAGES, COSTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SERVICE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THE PLATFORM, EVEN IF TRAVSOLO, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification:

You agree to defend, indemnify and hold harmless TravSolo and its affiliates, officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Service or user submissions you provide, including, but not limited to, any claim by a third party that any materials or user submissions infringe or violate such third party’s rights or interests.

15. Removal and Disclosure:

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any material and User Submissions at any time and for any reason, including, but not limited to material and User Submissions, that we deem or have been advised to be or ordered or directed by any legal authority as being inappropriate, scandalous, obscene or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Service, and any material and User Submissions transmitted by you via or in connection with our Service, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to protect our rights or property, or to protect users of our Service from fraudulent, abusive, or unlawful use. Indirect or attempted violations of this notice or any related policy, guideline or agreement, and actual or attempted violations by a third party on your behalf, shall be considered violations of this agreement by you.
Without limiting the foregoing, we have the right to fully cooperate 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 HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES AND PARTNERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all content before it is posted on the Service, and cannot ensure prompt removal of objectionable content 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.

16. Governing Law. 

Except where our arbitration agreement is prohibited by law, the laws of New York State without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with TravSolo.

17. Arbitration

TravSolo is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give TravSolo an opportunity to resolve any disputes or claims relating in any way to the Service or otherwise (“Claims”) by contacting hello@travsolo.com. If we are not able to reasonably resolve your Claims within 90 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against TravSolo, its related persons, subsidiaries, users or any companies offering products or services through TravSolo (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted 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 statutory damages, attorneys’ fees and costs), and must follow and enforce this Agreement as a court would. Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location. By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to hello@travsolo.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. Any arbitration decision will be confidential and binding. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

18. Termination

TravSolo reserves the right, without notice and in its sole discretion at any time, to terminate your license to use the Service, to block or prevent future access to and use of the Service, and to remove and discard any material and user submissions.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by TravSolo. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark and other laws.

19. Severability

If any provision of these Terms of Use are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provision.

20. Assignment

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.

21. Intellectual Property Complaints

TravSolo respects the intellectual property rights of others and expects its users to do the same. TravSolo at its sole discretion may terminate and/or disable the account of users who it suspects to be infringers of the intellectual property rights of others. Additionally, in appropriate circumstances and in its sole discretion, TravSolo may remove or disable access to any content or material that may be infringing or the subject of infringing activity on our Service.

22. Entire agreement

These Terms of Use including the Privacy Policy available on the Service represent the complete and entire agreement between TravSolo and you and supersede any prior agreement or understanding, whether written or oral.

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