Terms of Service

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Terms of Service

Updated October 26, 2023

Thank you for choosing Travel Industry Solutions for your business and operational needs in the travel sector. Your trust and partnership are invaluable to us. We are dedicated to ensuring transparency, fairness, and the highest quality of service for our esteemed subscribers.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE OUR WEBSITE.

  • THESE TERMS AND OUR PRIVACY POLICY ARE BINDING ON YOU UPON YOUR FIRST USE OF OUR WEBSITE.
  • OUR LICENSE AGREEMENT IS A PART OF THESE TERMS UPON YOUR FIRST USE OF OR SUBSCRIPTION TO ANY PRODUCT, SERVICE, OR CONTENT ON OUR WEBSITE.

TABLE OF CONTENTS

  1. Introduction
  2. No Legal Advice
  3. Notice to Certain Users
  4. Reservation of Rights
  5. Authorization
  6. Electronic Consent
  7. Acceptance
  8. Usage and Copyright
  9. Fees and Payment
  10. Cancellation
  11. Refunds
  12. Upgrades and Downgrades
  13. Chargebacks
  14. Website Availability
  15. Account Registration
  16. Username and Password
  17. Electronic Communications
  18. Email Policies
  19. User Responsibility
  20. Your Communication with Us
  21. Third-Party Websites
  22. Your Documents
  23. Advertising and Affiliate Disclosures
  24. Digital Millennium Copyright Act (DMCA)
  25. Intellectual Property
  26. Limited Warranty Regarding Forms
  27. Warranty
  28. Limitation of Liability
  29. Indemnification
  30. Term and Termination
  31. General
  32. Contact

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1. INTRODUCTION

  • These Terms of Service (“Terms”) apply to any user of the website at https://travelindustrysolutions.com, including its sub-domains, mobile-optimized versions, and any products, services, or content accessible on or through it (collectively, “Website”).
  • The Website is owned and operated by Travel Industry Solutions, LLC, a company registered in the State of Florida, USA (“Company,” “we,” “our,” or “us”).
  • These Terms set out a legally binding agreement between you (“you,” “your,” “subscriber,” or “user”) and us. Each of us is a “Party” and together we are the “Parties.”
    • On your first use of the Website, you agree to these Terms and our Privacy Policy.
    • On your first use of or subscription to any product, service, or other content on the Website, you also agree to our License Agreement, which is a part of these Terms.
    • Your agreement to all the above is memorialized by your electronic consent as set out in these Terms.
  • If you do not want to be bound by these Terms or our policies, then do not use the Website.
  • If you use the Website on behalf of any entity, organization, or company (collectively, “Organization”):
    • You declare you are an authorized representative of that Organization with the authority to bind the Organization to these Terms; and
    • You and the Organization agree to be bound by, and are jointly and severally liable under, these Terms.
  • In such case, “you” refers to the Organization, you, and any other individual using the Website on behalf of you or the Organization.
hash_link 2. NO LEGAL ADVICE
  • Travel Industry Solutions is a technology company that provides information, forms, and software designed for the travel sector. You are responsible for appropriately using these materials.
  • We are not a law firm, we do not provide legal advice, we do not act as your attorney, and we are not a substitute for an attorney.
  • Your use of the Website does not create attorney-client privilege. Communications between you and us will not be protected under attorney-client privilege or the work-product doctrine.
  • If you seek legal advice, please consult with a qualified attorney in your state or jurisdiction.
hash_link 3. NOTICE TO CERTAIN USERS Under 18
  • If you are under the age of 18, you are prohibited from using the Website. If you use the Website, you represent you are over 18 years of age.
Some U.S. States
  • If you are a resident in certain U.S. states, certain of these Terms may not apply to you, including disclaimers of warranties, limitations of liability, and limitations regarding jurisdiction or venue in any state for dispute resolution of disputes between you and us.
Outside the U.S.
  • The Website is based and operated in the United States. If you access the Website from outside the U.S., you will not use the Website or any of its contents in any way prohibited by U.S. laws or the laws of your jurisdiction.
hash_link 4. RESERVATION OF RIGHTS
  • Notwithstanding any other provision in these Terms, we reserve the right, in our sole discretion, to:
    • Modify, suspend, or discontinue any product, service, or content on the Website, or the entire Website, at any time, for any reason, with or without prior notice to you; or
    • Suspend, block, or terminate your access to any product, service, content on the Website, or the entire Website, at any time, for any reason, with or without prior notice to you.
  • The Website may contain typographical errors, inaccuracies, inconsistencies, or omissions, which we reserve the right to correct or update at any time, for any reason, with or without prior notice to you.
hash_link 5. AUTHORIZATION
  • You represent, warrant, and covenant that: (1) you have full power and authority to accept, to grant all authorizations, and to perform all obligations under these Terms; (2) you will use the Website for legal purposes; and (3) the address you provide when registering is your address of record.
  • You will not allow any other person to use your login information to access the Website.
  • If you become aware of any unauthorized use of your account or login information, you will immediately notify us at hello@travelindustrysolutions.com.
hash_link 6. ELECTRONIC CONSENT
  • You agree that: (1) your electronic or digital signature; (2) your click of any applicable button; (3) your check of any applicable box; or (4) any active or passive electronic acknowledgement, confirmation, or authorization by you on the Website is the legal equivalent of your written signature to confirm your agreement and consent.
hash_link 7. ACCEPTANCE
  • Each time you use or access the Website, including any of its webpages or hyperlinks, you expressly confirm your renewed agreement to these Terms.
  • By subscribing to any product, service, or content on the Website, you assume all risk associated with that content, as well as your actions or omissions relating to your use.
hash_link 8. USAGE AND COPYRIGHT
  • You will not use any of our products, services, or content unless you confirm and fully pay for a subscription via our Website or enter into an alternative agreement with us.
  • Upon cancellation or termination of your subscription, you will immediately cease all use of all our products, services, and content.
  • Our forms are registered and protected under the jurisdiction of the United States Copyright Office. Unauthorized use, reproduction, distribution, or modification of our materials is strictly prohibited.
  • By respecting the intellectual property rights vested in our solutions, you enable us to continue offering premium services at reduced rates for the entire travel sector. We urge all our subscribers to acknowledge and honor these rights for the collective benefit of the industry.
hash_link 9. FEES AND PAYMENT
  • We offer subscriptions to products, services, and content in various plans, as set out on the Website.
  • All subscriptions on our Website are provided on an annual (12-month minimum) basis.
  • You will pay subscription fees in U.S. dollars in advance on a one-time annual or monthly basis by credit or debit card via the Website.
  • Subscription fees are nonrefundable, even if you cancel prior to the end of the subscription period.
  • Subscriptions will auto-renew at the end of each subscription period. We will make reasonable efforts to notify of you at least 5 days prior to each auto-renewal of your subscription.
  • You authorize us to charge your card for any amounts, plus applicable taxes, upon: (1) your initial confirmation of any subscription; and (2) each auto-renewal of the subscription without your prior approval for recurring charges, until you notify us of your cancellation as set out in the cancellation process in these Terms.
  • We may update our prices any time for any reason, but your subscription fees will remain unchanged until the end of your subscription period. We will notify you of any price increase at least 30 days prior to the effective date.
  • We may correct any good faith errors regarding our pricing, even after you have submitted payment.
  • We may also refuse any order placed via the Website. In such case, we will notify you and refund you any fees you have paid for the corresponding subscription period.
  • If any subscription fee (or any other fee under these Terms) is overdue, then without limiting our other rights or remedies, we may: (1) suspend or terminate access to your subscription until all fees are paid per this section; and (2) accrue overdue fees plus 1.5% interest on a compounded basis per month, or the maximum rate permitted by law, whichever is lower.
  • You will pay all costs of collection, including attorney’s fees and legal costs, regarding any outstanding balance plus interest.
hash_link 10. CANCELLATION
  • You may cancel your subscription at any time, for any reason, by sending us a cancellation notice to hello@travelindustrysolutions.com, subject to your prior full payment for the current subscription.
  • You must provide to us cancellation notification in writing at least 3 business days before any auto-renewal date, otherwise your subscription will auto-renew for an additional 12-month period, for which you agree to pay subscription fees, plus applicable taxes.
  • Following your cancellation notice, you will have access to products, services, and content on our Website through the final day of your paid subscription.
  • Following the final day of your paid subscription, you will have no access to documents or information relating to products, services, or content on our Website requiring a subscription, unless we agree otherwise in writing.

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11. REFUNDS

  • WE WILL NOT REFUND SUBSCRIPTION FEES UNDER ANY CIRCUMSTANCES, except, in our sole discretion, in the case of good-faith errors.
  • If you confirm a subscription to any of our plans via the Website, but you do not use the subscription for any reason, you remain responsible for the full subscription fees.
  • If you confirm a subscription to any of our plans via the Website, but you do not use the subscription for the full subscription period for any reason, including business closure or any other business disruption, you remain responsible for the full subscription fees.

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12. UPGRADES AND DOWNGRADES

  • If you upgrade your subscription, your upgrade will occur immediately upon your payment of the pro-rated subscription fees and your new subscription period will start from the date of your upgrade.
  • If you downgrade your subscription, your downgraded subscription will start immediately after you fulfill payment of your current subscription.
  • When you downgrade, you will lose access to and authorized use of all documents and information relating to products services, and content included in your previous subscription.
hash_link 13. CHARGEBACKS
  • You will not initiate any chargeback against us, except in the case of fraud.
  • If you initiate a chargeback against us, and you do not prevail, you agree to pay the following fees, as of the date you file the chargeback claim:
    • Your full fees for your current subscription; and
    • An administrative fee of $100.00.
  • In addition, we reserve the right to seek full remedies available under the law, including without limitation the recovery of attorney’s fees and legal costs.
  • We are committed to ensuring satisfaction and resolving any financial discrepancies. Before you initiate any chargeback, please reach out to our support team at hello@travelindustrysolutions.com to raise any concerns.
hash_link 14. WEBSITE AVAILABILITY
  • We will use commercially reasonable efforts to keep the Website continuously operational.
  • We may carry out maintenance on the Website as we deem necessary at any time, for any reason, with or without prior notice to you. Such maintenance may impact your use of the Website.
  • In the event of a technological failure, you agree we are not responsible or liable for the failure and any resulting damages to you or your business.
  • While we will make reasonable efforts to support you, some technological issues are outside our control, and you may need to access support from a third-party provider.
hash_link 15. ACCOUNT REGISTRATION
  • In order to use some or all of the functionalities of the Website, you may be required to login to the Website.
  • At the time of registration, you may be asked to provide personal information such as name, address, phone number, email address, username, password, and other personal information.
hash_link 16. USERNAME AND PASSWORD
  • To use certain functionality of the Website, you will setup login information, including choosing a username and password.
  • Your username will not be misleading and will comply with the content rules set out in these Terms and on the Website.
  • You will not use your account or username in connection with the impersonation of any third party.
  • You are responsible to maintain the confidentiality of your password.
  • You are responsible for all use of the Website via your login information, whether authorized or unauthorized by you.
  • You will notify us at hello@travelindustrysolutions.com if you have reason to believe your account is no longer secure for any reason—for example, in the event of a loss, theft, or unauthorized disclosure or use of your password.
  • You are responsible for any matter arising out of any failure to keep your login information and password confidential and you may be held liable for any losses arising out of such failure.
  • Login credentials and other personally identifiable information that we may collect are subject to the terms of our Privacy Policy.
hash_link 17. ELECTRONIC COMMUNICATIONS
  • You consent to receive email, SMS, text, and other electronic communications from us.
  • Such communications may include updates, subscription information, promotions, or other matters from us or third parties. These emails will identify the sender and provide information on how to contact the sender.
  • Such communications may also include notices, disclosures, or other information we may provide to you regarding the Website.
  • You agree that the electronic communications regarding the Website are reasonable and proper notice for purposes of compliance with these Terms, applicable laws, rules, or regulations.
  • If you no longer wish to receive promotional communications, you may opt-out of receiving them by clicking on the unsubscribe link included in each email. You may also decline to receive promotional communications by sending an opt-out notice to hello@travelindustrysolutions.com.
  • You cannot opt-out of communications regarding the status or renewal of any of your subscriptions.
hash_link 18. EMAIL POLICIES
  • We do not sell, rent, or lease our subscription lists to third parties and will not disclose your email address to any third party except as expressly set out in these Terms or on the Website.

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19. USER RESPONSIBILITY

  • You are solely responsible for your use of the Website, which is subject to all applicable local, state, and federal laws and regulations.
  • You agree not to:
    • Violate these Terms or allow, encourage, or facilitate others to do the same;
    • Access the Website using a third party’s account without their express consent;
    • Use the Website for any action that is unlawful, illegal, or fraudulent;
    • Resell, license, transfer, or otherwise make available in whole or part any product, service, or content on our Website without our prior written consent;
    • Hack, “scrape,” “crawl,” or otherwise infiltrate any product, service, or content on our Website that we have not intentionally made available to you as a subscriber, whether directly or indirectly through the use of spiders, robots, crawlers, scrapers, framing, or RSS feeds;
    • Create copies or derivate works of the Website or any part of it;
    • Infringe copyrights or other rights relating to content on the Website;
    • Plagiarize or infringe the intellectual property rights or privacy rights of any party;
    • Obscure or edit any notice of copyright, trademark, or other rights on the Website;
    • Create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
    • Interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;
    • Disturb the normal flow of services provided through the Website;
    • Use data collected from the Website to contact any third party or engage in any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing, and direct mailing;
    • Collect, receive, transfer, or disseminate any personally identifiable information of any person without consent from title holder;
    • Attempt to gain unauthorized access to other computer systems from or through the Website;
    • Create a link from the Website to other content or materials without our prior written consent;
    • Disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked website;
    • Use the Website or take any related action that causes, or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website;
    • Upload or transmit viruses or other harmful, disruptive, or destructive files;
    • Use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
    • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without the express written consent of Company;
    • Access or interact with the Website using any robot, spider, or other automated means;
    • Reverse engineer, decompile, or extract the Website’s source code; and
    • Pretend to be or misrepresent any affiliation with any legal entity or third party.
  • In addition to the above, unless specifically approved by the Website, the following uses and activities relating to the Website are prohibited:
    • Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
    • Transmitting chain letters, spam, or junk email;
    • Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected or linked thereto;
    • Using any information obtained from the Website to harass, abuse, or harm another person;
    • Attempting to bypass any measures of the Website (or products, services, or content accessible through the Website) designed to prevent or restrict access;
    • Harassing, annoying, intimidating or threatening any officer, employee, contractor, agent, affiliate, partner, customer, or supplier of Company;
    • Using the Website in any manner inconsistent with these Terms and applicable laws.
  • If you violate any provision above, we may suspend, block, or terminate your use of the Website.
hash_link 20. YOUR COMMUNICATION WITH US
  • We have no duty of privacy or confidentiality regarding your access to our Website.
  • Any communications made through our Website or directly to our mailing or email addresses is not privileged or confidential and may be subject to viewing or distribution by third parties.
  • We own all communications displayed on our website, servers, comments, emails, or other media as permitted under law. We will not give credit or pay royalties for unsolicited user-generated content, including without limitation blog comments and emails.
hash_link 21. THIRD-PARTY WEBSITES
  • The Website may contain links to other websites not operated by us.
  • If you click on a third-party link, you will be directed to that party’s website, which you access voluntarily and for which you remain fully responsible.
  • We have no access to or control over technologies or websites used by third parties, and we have no control over third-party privacy policies or practices.
  • We do not warrant, endorse, guarantee any product or service advertised or provided by a third party.
  • We have no responsibility for monitoring any activities between you and any third party.
  • We have no responsibility or liability relating to the acts or omissions of you or any third party.
  • We encourage you to vet all vendors and carefully review the terms of use, privacy policies, disclosures, and other statements of each website you visit.

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22. YOUR DOCUMENTS

  • We may retain on our servers documents or information you create using our forms.
  • You grant us permission to:
    • Access, use, and store your documents; and
    • Disclose them for the limited purposes of: (1) complying with applicable laws or governmental investigations or proceedings; (2) responding to legal claims; or (3) otherwise complying with these Terms.
  • Our provision of products, services, or content on the Website requires transmissions over third-party networks and systems. We have no responsibility or liability for your documents or information during such transmission or storage on our Website.
hash_link 23. ADVERTISING AND AFFILIATE DISCLOSURES
  • We may participate in one or more affiliate sales relationships and we may place advertisements on the Website. This means we may provide links to products or services for sale by third parties. As a result, we may receive commissions or other compensation from these third parties.
  • If we provide reviews or comments regarding third-party products, services, or activities, we strive to reflect our own honest and objective opinions, whether or not we receive compensation.
  • We encourage you to independently verify any representation or warranty made by any third party regarding its own products and services.
  • If you have any questions or comments about affiliate links or advertisements on the Website, please contact us at hello@travelindustrysolutions.com.
hash_link 24. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
  • If we receive a notice of copyright infringement, we will follow the process set out in the U.S. Digital Millennium Copyright Act (“DCMA”).
  • If you believe that any material on our Website infringes any copyright you own or control, please send us notice of alleged infringement under the DMCA to: legal@travelindustrysolutions.com.
  • Under the DCMA, such notice requires the following:
    • Identification, including a description, of the copyrighted work you are claiming has been infringed. If you claim infringement of multiple works, you may provide a representative list.
    • The location of the allegedly infringing material, including identification of URL where the allegedly infringing material is accessible or the exact location where the infringing material may be found.
    • A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.
    • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
    • Your company affiliation (if applicable), mailing address, telephone, and email address.
    • Your full legal name and your electronic or physical signature.
  • Upon receipt of your DCMA notice above, we will: (1) remove or disable access to the infringing material; and (2) promptly notify the copyright holder that originally uploaded or copied material has been removed or access denied.
hash_link 25. INTELLECTUAL PROPERTY
  • We own or hold license to the Website and all its contents, which are copyrighted and protected under U.S. law.
  • We do not grant you any interest in the Website and any such content, in whole or part, except as expressly set out in these Terms.
  • We grant you a limited, non-exclusive, non-transferrable, revocable license to use our products, services, and content as expressly set out in your subscription plan.
  • Except for your completion of our forms for your limited authorized use, you will not modify, copy, reproduce, create derivative works of, reverse engineer, circumvent, or disable security features, enhance, transfer, license, sell, publicly display, publish, or in any way exploit any of our products, services, or content in whole or part.
  • If we believe, in our sole discretion, you have breached the above license, we will immediately and without refund rescind your license and reserve the right to take any other actions to protect our rights and pursue damages and other remedies to the fullest extent permitted by law.

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26. LIMITED WARRANTY—FORMS

  • We provide to you a limited warranty regarding only the forms made available on our Website if: (1) you are a seller of travel; and (2) you subscribe to any plan on our Website providing access to forms, as set out below:
    • We will make all reasonable efforts to update our forms on a regular basis to remain current with applicable regulations and changes in the travel industry.
    • If you suffer a business financial loss as a direct result of an error in any of our forms, we will cover that business financial loss within the limits of covered claims, as expressly stated in our professional liability and errors & omissions insurance policies, subject to the conditions, exclusions, and notices below.
    • Our coverage is limited to business financial loss and will not extend to any other loss, damage, or cost of any nature, including without limitation loss of goodwill, property damage, personal injury, or death.

Conditions

  • In the event of a covered claim, you will first seek coverage under your own professional liability and errors & omissions insurance policies. Our insurance will serve as secondary coverage.
  • Our limited warranty becomes effective upon:
    • Your agreement to these Terms and our License Agreement; AND
    • Your receipt of the following for each booking involving one or more travelers:
      • A valid credit card authorization; AND
      • A signed TIS Travel Insurance Waiver covering each traveler 18 years of age or older on the same booking; AND
      • A signed TIS Travel Services Agreement OR a signed TIS Terms and Conditions (“Terms”) (if you use our Terms as a standalone document).
  • Our limited warranty becomes void immediately upon one or more of the following events:
    • If you are 30 or more days delinquent on any payment due to us; OR
    • If you amend any form, or use any amended form, without our prior written consent; OR
    • You do not conspicuously display this copyright notice in the footer of each page of any form that originates from us: “© 2023 Travel Industry Solutions”; OR
    • If you engage in any negligent act or omission, gross negligence, willful misconduct, fraud, or any activity contrary to applicable law in connection with any of our forms or other products, services, or content on our Website.

Exclusions

  • Our limited warranty:
    • Extends only to you, our travel agency client—it does not extend to any third party, including travelers, for whom you remain solely responsible;
    • Covers only the most recent version of our forms, as we make available via our Website from time to time—it does not cover any prior version of our forms;
    • Does not cover any text inserted by you or any third party in the editable data fields of our forms, for which you remain solely responsible;
    • Does not cover any of your errors regarding traveler reservations or otherwise; and
    • Excludes all indirect, incidental, consequential, punitive, exemplary, and special damages.

Notices

  • Our forms are not legal services and we do not provide legal advice to you or any third party.
  • You are solely responsible for: (1) the appropriate use of our forms in accordance with the laws and regulations in your jurisdiction; and (2) consulting your own legal counsel and insurance professionals regarding the sufficiency of our forms and your insurance coverage to meet your business purposes.
  • If you choose to amend any of our forms for your use, you agree to: (1) give us prior written notice; and (2) engage a qualified attorney to confirm the enforceability of such forms, as amended.
  • Your exclusive remedy and our entire liability under this limited warranty will be, at our sole discretion and subject to applicable law, to:
    • Provide to you forms that comply with applicable law; or
    • Terminate your subscription and refund subscription fees paid for the 12 months immediately preceding your written claim of noncompliance.
  • Some jurisdictions may not allow certain conditions and exclusions of warranties, which means some of the provisions above may not apply to users located in those jurisdictions.
hash_link 27. WARRANTY
  • Except as expressly set out in our limited warranty regarding forms set out above, all other products, services, and content on our Website are provided “as is,” “with all faults,” and “as available.”
  • Your use of the Website is at your sole risk. It is your sole responsibility to ensure the Website meets your specific requirements.
  • Our sole obligations and liabilities are set out in these Terms. To the fullest extent permitted by law, we disclaim all other representations or warranties, whether express or implied, by statute, law, or otherwise, relating to products, services, and content on the Website, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We do not represent or warrant that the Website will be uninterrupted, secure, useful, safe, reliable, or produce any particular result.
  • We make no warranty or representation about the accuracy or completeness of the Website and we will assume no liability or responsibility for any:
    • Error, omission, or inaccuracy relating to products, services, or content on the Website;
    • Unauthorized access to or use of our computer system, personal information, or financial information stored on the Website;
    • Interruption or cessation of Website operability; or
    • Virus, bug, Trojan horse, trap door, back door, time bomb, easter egg, worm, cancelbot, or any other program intended to detrimentally interfere with, damage, expropriate, or intercept any system or information relating to the Website.
  • Your exclusive remedy and our entire liability under this warranty will be, at our sole discretion and subject to applicable law, to:
    • Provide products, services, or content on our Website that comply with applicable law; or
    • Terminate your subscription and provide a prorated refund of any fees paid in the 12 months immediately preceding your written claim of noncompliance.
  • Some jurisdictions may not allow certain exclusions of representations and warranties, which means some of the provisions above may not apply to users located in those jurisdictions.
hash_link 28. LIMITATION OF LIABILITY
  • Neither we nor our owners, directors, officers, employees, contractors, or advisors will be liable to you or any third party for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages, losses, or costs of any kind to the maximum extent permitted by law.
  • The limitation of liability above:
    • Includes without limitation any direct or indirect loss of goodwill, use, data, business, or profits; infringement of intellectual property rights; loss of privacy; and personal injury or death arising from your use of or inability to use the Website; and
    • Applies whether based on contract, tort, negligence, strict liability, product liability, or any other legal theory, even if we have been advised of the possibility of such damages or losses, and even if your remedy in these Terms fails of its essential purpose.
  • Except as otherwise expressly set out in these Terms, and to the maximum extent permitted by law, our total cumulative liability to you arising for any cause of action in any form whatsoever is limited to amounts paid for any subscription during the 12 months immediately preceding the first incidence from which your cause of action arose.
  • Some jurisdictions may not allow certain limitations of liability, which means some of the provisions above may not apply to users located in those jurisdictions.
hash_link 29. INDEMNIFICATION
  • You agree to indemnify, defend, and hold harmless the Company, its owners, directors, officers, employees, contractors, and advisors from any direct or indirect damages, losses, costs, or claims, including attorney’s fees and legal costs, arising from your: (1) acts or omissions; (2) breach of these Terms; (3) negligence; (4) willful misconduct; (5) violation of third-party rights; or (6) fraud as they may relate to your use of the Website, your communications through the Website, and payment processing errors or failures.
  • Notwithstanding the above, we reserve the right, at your expense, to assume exclusive defense and control of any matter for which you have agreed to indemnify us. You agree to cooperate with our defense of any such claim. In such case, we will give you reasonable notice and updates regarding any such proceeding.
hash_link 30. TERM AND TERMINATION
  • These Terms become effective on the date of your initial use of the Website and will continue in effect until terminated by you or us in writing.
  • Upon termination of your subscription, absent alternative terms between the Parties:
    • You will have no access to documents or information relating to products, services, or content on the Website requiring a subscription;
    • You will immediately cease all use of products, services, or content on the Website requiring a subscription;
    • You will promptly deliver to us or certify in writing the permanent destruction of all documents, materials, and content, whether in paper or electronic form, in whole or part, relating to products, services, or content on the Website requiring a subscription;
    • Each Party’s rights and obligations will cease immediately, except that termination will not affect: (1) either Party’s rights and obligations accrued but unsatisfied at termination; or (2) any part of these Terms that is expressed to survive termination or must survive to fulfill essential purpose intended by the Parties.
  • We will use reasonable efforts to give you notice of material amendments to these Terms, the Privacy Policy, and the License Agreement, but you are responsible for periodically reviewing these Terms, the Privacy Policy, and the License Agreement to remain aware of all terms and conditions relating to your use of products, services, or content on the Website.
  • If we terminate or suspend your subscription for any reason, you will not, without our prior written consent, create a new subscription under your own name, an alias name, or the name of any third party, even if you have authority to act on behalf of the third party. In such case, we reserve the right to take any action to enforce these Terms, including without limitation civil and criminal action.
hash_link 31. GENERAL
  • Amendments. We may modify these Terms, the Privacy Policy, or any of our other content at any time in our sole discretion, with or without prior notice to you.
  • Assignment. You may not assign or transfer any subscription or these Terms to a third party without our prior written consent. We may assign any of our rights or obligations to any affiliated company and or successor in interest.
  • Waiver. No forbearance or delay in enforcing these Terms will prejudice or restrict the rights of a Party. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.
  • Severability. If any part of these Terms is found unenforceable, that part will be enforced to the fullest extent permitted by law and the rest of these Terms will remain fully in force.
  • Force Majeure. No failure or delay in the performance of any obligation under these Terms, except your payment of subscription fees, will be a breach if such failure or delay arises from a force majeure or any cause beyond the reasonable and foreseeable control of either Party. Force majeure includes without limitation: fires, floods, earthquakes, storms, or other acts of God or nature; war (declared or undeclared) or threats of war, terrorism, sabotage, insurrections, riots, strikes, or civil disturbances; epidemics or pandemics; failure of electrical power, internet, computer, or telecommunications systems; and governmental actions or court orders. The Party prevented from performance by any force majeure will promptly notify the other Party of the cause and the anticipated duration, will use commercially reasonable efforts to remove or mitigate the cause, and will resume its performance immediately upon removal of the cause.
  • Essential Basis. The limitations, conditions, exclusions, and disclaimers regarding any warranty, limitation of liability, or indemnification in these Terms form an essential basis of the bargain between you and us.
  • Relationship. The Parties are independent contractors. These Terms do not create an agency, partnership, franchise, joint venture, fiduciary, or employment relationship between you and us.
  • Third-Party Beneficiaries. There are no third-party beneficiaries under these Terms.
  • Text. The Parties intend that: (1) no text in these Terms will be construed against the interests of either Party as author; and (2) all text in these Terms is conspicuous.
  • Headings. The Parties intend that headings in these Terms are included for convenience, are not a part of these Terms, and will not be used to interpret these Terms.
  • Publicity. Neither Party will use or display in public the other Party’s name, logo, or marketing materials without such other Party’s prior written consent.
  • Notices. Notices will be in writing and deemed given when sent with receipt confirmation by email, prepaid registered or certified mail, or prepaid courier service to the receiving Party’s address in these Terms or other address provided in writing for purposes of notice.
  • Governing Law. This Agreement is governed exclusively by the laws of the State of Florida, without regard to conflict-of-law provisions.
  • Dispute Resolution. If any dispute arises under these Terms, the Parties will use all reasonable efforts to resolve the dispute informally through direct communication.
  • Courts. If the Parties are unable to resolve a dispute through informal discussions, any claim arising from these Terms will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida.
  • Legal Action. To the fullest extent permitted by law: (1) you will not initiate any legal action under these Terms more than 12 months after a cause of action arose; (2) you will be responsible for all costs in connection with legal action you initiate; and (3) you waive any right to a jury trial or to participate in any class action relating to these Terms or our Website.
  • Equitable Relief: Either Party may seek injunctive or other equitable relief to remedy any actual or threatened breach of these Terms.
  • Further Assurances. Each Party will perform additional acts to effect these Terms. The Parties will address together in good faith any unforeseen issues that arise from these Terms with a view to mitigating any material adverse impact on either Party.
  • Entire Agreement. These Terms, together with our License Agreement and Privacy Policy, constitute the entire agreement between the Parties and supersede all prior agreements regarding your access to and use of the Website, whether written or oral, express or implied. If any conflict arises between these Terms and the License Agreement, the Privacy Policy, or any other term, policy, or disclosure on the Website, these Terms will control.
  • Reserved Rights. We reserve all rights not expressly set out in these Terms.
hash_link 32. CONTACT If you have any questions or comments regarding the Website or these Terms, please contact us at hello@travelindustrysolutions.com.

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