Terms and Conditions of the use of TripWitt.com

YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your") and TripWitt.COM ("TripWitt.COM," "TripWitt," "we," or "our") that governs your use of TripWitt.com Web site ("Site" or "Web site")." When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms").

CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

HOW YOU MAY USE OUR MATERIALS: We may use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects on the TripWitt.com Web site.

We provide the information, content or advertisements (which we collectively call the "Materials") on the TripWitt.com site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

You may view, use, copy, and distribute the Materials found on TripWitt.com Web sites for internal, noncommercial, informational purposes only. You may not use the TripWitt.com Web sites to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by TripWitt.com, and any third party owner of such rights.

PRIVACY POLICY: Use of our Site is also subject to the Terms and Conditions of our Privacy Policy. Our Site is intended for use primarily by persons 18 years or older.

NO ENDORSEMENTS MADE BY TripWitt.com: We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any professionals, services, deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the TripWitt.com Web site.

References that we make to any names, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the TripWitt.com Web site.

CONTENT DISCLAIMER: TripWitt.com communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. TripWitt.com has no control over the accuracy of such information on our pages, and material on the TripWitt.com Web site may include technical inaccuracies or typographical errors.

We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.

TripWitt.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Sites. Where appropriate, we will endeavor to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies.

Links to external Internet sites are provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by TripWitt.com.  TripWitt.com does not make any representations regarding the availability and performance of its Web site or any of the Web sites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by TripWitt.com. We are not responsible for the content, functionality, or technological safety of these external sites.

We reserve the right to disable links to or from third-party sites to our Site.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web sites. We do not fully screen or investigate business listing Web sites before or after including them in a directory listings that become part of the Materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

WARRANTY DISCLAIMER: Any use of the TripWitt.com site, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. TripWitt.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the TripWitt.com profile.

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRIPWITT.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. TRIPWITT.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TRIPWITT.COM  DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.

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 JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY: IN NO EVENT SHALL TRIPWITT.COM BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF TRIPWITT.COM ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. TRIPWITT.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THIRD PARTY SITES: Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the Site. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into this Site. TripWitt.com may make improvements and/or changes in the products, services and/or programs described in these Sites and the Materials at any time without notice.

We are under no obligation to monitor the material residing on or transmitted to this Site. However, anyone using this Site agrees that TripWitt.com may monitor the Site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Site properly or to protect itself and its users. TripWitt.com reserves the right to modify, reject or eliminate any material residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions

DELETIONS FROM SERVICE: TripWitt.com will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. TripWitt.com reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of TripWitt.com, may be, defamatory, infringing or violate of applicable law. TripWitt.com reserves the right to exclude Material from the Site. Materials submitted toTripWitt.com for publication on the Site may be edited for length, clarity and/or consistency.

INDEMNIFICATION: You agree to indemnify and hold us and (as applicable) officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

INTELLECTUAL PROPERTY COMPLAINTS: We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Email all information to: info@tripwitt.com

These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.

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