Last Updated: 02/19/2013
Utrip, Inc. is pleased to make its Service, as described below, available to you on the following terms and conditions (“Terms of Service” or “Terms”). The Terms of Service are a legal contract between the individual using the Service (“you”) and Utrip, Inc. (“Utrip,” “we,” “us,” or “our”). Your access to and use of the Service is expressly conditioned on your agreement to and compliance with the Terms of Service. BY CLICKING “I AGREE,” ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF SERVICE. Subject to your compliance with all terms and conditions herein, Utrip grants you permission to use the Service as set forth in the Terms.
Utrip operates a website located at www.utrip.com which includes travel and trip planning resources and other information. For purposes of the Terms of Service, the “Site” means the website operated by Utrip and currently located at www.utrip.com, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The terms “Utrip Service” or “Service” means the Site and any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications, features, messages such as emails that we may send you, and services, whether on-line or off-line, owned or operated by Utrip.
You may be informed of or receive access to third party services, products, offers, promotions, features, websites, resources, information and the like (referred to herein as “Others’ Services”), through links, postings, articles, or other elements of the Service. For example, the Service may include information about tour providers, French bakeries, other online travel and information tools, hotels, museums, Italian pizzerias, and other products or services online and offline which Utrip itself does not own or control. You acknowledge and agree that we are not responsible for the availability, quality, or performance of Others’ Services, and we do not recommend or endorse and are not responsible or liable for any content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such Others’ Services. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
The providers of Others’ Services referenced on the Service are not agents or employees of Utrip. Utrip is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider of Others’ Services or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Your relationship with providers of Others’ Services may be governed by separate terms and conditions as established by each provider of Others’ Services, and when you use, purchase, or receive any Others’ Services, even when you do so through the Utrip Service, your relationship is directly with the third party provider. It is your responsibility to understand and abide by all payment obligations, privacy policies, and other terms and conditions that apply to any Others’ Services you elect to use, purchase, or receive. You agree that we will have no liability for any claims, losses or damages arising out of or in connection with your use of any Others’ Services, even if we have referred you to the particular third party, and you will indemnify us and hold us harmless against any claims arising out of or relating to your use, purchase, or receipt of Others’ Services, your acts or omissions, or your breach of any terms or conditions applicable thereto.
You are solely responsible for your dealings with any provider of Others’ Services, as well as any Internet service provider, wireless carrier, telecommunications company, or other carrier or similar service provider in connection with your use of the Service, and for paying any fees or other amounts charged by any such provider(s) in connection with such use.
IF YOU HAVE A DISPUTE WITH A PROVIDER OF OTHERS’ SERVICES, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Utrip may choose to offer goods or services for purchase through the Utrip Service. The following terms govern purchases made through the Utrip Service from Utrip.
Payment Methods. Utrip accepts payments through payment methods detailed on the applicable payment screen. You agree that Utrip may, in its discretion, aggregate your accepted purchase offers over a period not to exceed seven (7) days, and process all charges for the relevant period to your payment instrument in a single transaction. Utrip does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for goods and services that you purchase through the Service and you agree that we may charge your selected payment instrument for any such payments.
Taxes. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. To the extent Utrip is obligated to collect such taxes, the applicable tax will be added to your billing account.
Disputed Charges. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO UTRIP WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE. YOU ALSO AGREE TO ATTEMPT IN GOOD FAITH TO RESOLVE ANY SUCH DISPUTE DIRECTLY WITH UTRIP PRIOR TO RESORTING TO ANY ALTERNATE REMEDY OR DISPUTE RESOLUTION MECHANISM, INCLUDING WITHOUT LIMITATION ISSUING A CHARGEBACK REQUEST TO YOUR PAYMENT PROVIDER.
In addition to goods or services from Utrip, the Utrip Service may also include goods or service for purchase within the Utrip Service from third parties. Section 4 above provides more information about these Others’ Services, and you acknowledge that you are solely responsible for reviewing all applicable terms related to Others’ Services. Others’ Services may include travel and other products and services that may be non-refundable or require additional fees to reschedule or change. Please make sure you understand the applicable terms before making any purchases.
All information, itineraries, trip details, trip photos, data, text, software, music, sound, photographs, images, graphics, videos, messages, comments, tags, or other materials (“Content”) submitted by you to Utrip are your sole responsibility. This means that you, and not Utrip, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Service (altogether “Submissions”). You agree that any Submissions made available by you are subject to and must comply with the Sharing Guidelines and any other rules or policies made available by Utrip. The Sharing Guidelines, which may be updated by Utrip from time to time, are available here and are hereby incorporated into the Terms by reference.
Content is provided “AS IS.”We do not control the Content posted by users or other persons other than Utrip via the Service and, as such, do not guarantee the accuracy, integrity or quality of such third-party Content. Under no circumstances will Utrip be liable in any way for any third-party Content, including, but not limited to, any offense, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available via the Service. Utrip and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content (including, for clarity, your Submissions) that is available via Utrip for any reason, or for no reason. Without limiting the foregoing, Utrip and its designees shall have the right to remove any Content that violates these Terms.
Your Limited Rights. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service including without limitation any Content (whether supplied by Utrip or others) made available on or through the Service (excluding the Submissions that you own—you are free to do as you wish with your own Submissions). You may not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service, including without limitation any Content (whether supplied by Utrip or others) made available on or through the Service.
Your License to Utrip. Utrip does not claim ownership of your Submissions, however, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Submissions, and you agree to grant and hereby grant Utrip the following transferable, perpetual, irrevocable, sub-licensable, worldwide, royalty- free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and exploit such Submissions on and/or in connection with the Service (including distributing and featuring your Submissions in promotional and marketing activities and materials related to the Service). When these terms are terminated, we will make commercially reasonable efforts to remove and to respond to your requests to remove your Submissions from the Service, but you acknowledge that we might retain copies of Submissions and other information provided to us as a part of our standard archival and security practices. If we ever have to restore the Service from an archive, the restored version of the Service may publicly include your removed Submissions or other information that you previously provided to us. If Submissions or information that you previously intended to remove are restored to the Service, we will make commercially reasonable efforts to respond to your requests to remove those Submissions. You acknowledge and agree that we cannot delete or control the deletion or access to a Submission as it may exist on other websites outside our control, or copies retained by others, even if they are users of the Service. In the event that any Submission has been included in any promotional, marketing, or other materials related to the Service, you agree that we shall have the right to include your Submission on such materials created or ordered prior to your removal of such Submission from the Service or your termination of your account with us.
You may provide Utrip with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the “Feedback”). Feedback provided to Utrip may be used by Utrip to improve the Service, and accordingly, you hereby grant Utrip a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that Utrip and its licensors own all right, title, and interest in and to the Service (including all Content comprising the Service), including all intellectual property rights therein, even if Utrip or its licensors incorporate any Submissions into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information or other Content provided through the Service.
The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information and Content, which may include, without limitation, personal information of Utrip users, text, software, photos, video, audio visual recordings, graphics, music and sound. All Content comprising the Service and subsets thereof are also protected by copyright as collective works. Utrip owns a copyright in the selection, coordination, arrangement, and enhancement of such Content, as well as in the Content original to Utrip. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any Content contained on the Service.
You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or there) use of the Service:
If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service: (i) for any reason or no reason at all; (ii) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Utrip or any third party; or (iii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at firstname.lastname@example.org.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Utrip and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Utrip Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that Utrip has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE UTRIP ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (III) ANY WARRANTIES THAT THE CONTENT, INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (IV) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
ALL ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, IS PROVIDED “AS IS” AND NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM THE UTRIP ENTITIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY. INCLUSION OF INFORMATION ON THE SERVICE IS FOR REFERENCE PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT OF QUALITY, RELIABILITY, OR ANY OTHER ATTRIBUTE OF THE SUBJECT OF THE INFORMATION, THE INFORMATION ITSELF, OR THE SOURCE OF THE INFORMATION.
THE UTRIP ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED UPON THE SERVICE OR ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING YOUR ITINERARY AND THE SHOPS, ATTRACTIONS, RESTAURANTS, BARS, AIRLINES, HOTELS, TRANSPORTATION PROVIDERS, AND ANY SERVICES PROVIDED BY A THIRD PARTY YOU ELECT TO PURCHASE, VISIT, RENT, VIEW, OR ATTEND BASED ON MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. THE UTRIP ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICE OR ANY INFORMATION OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, AND MAKE NO COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE INFORMATION OR CONTENT CONTAINED IN THE SERVICE. IT IS YOUR RESPONSIBILITY TO VERIFY THAT THIS INFORMATION OR CONTENT IS SUITABLE FOR YOUR PURPOSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE UTRIP ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE (INCLUDING ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE UTRIP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE UTRIP ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BEFORE UNDERTAKING TRAVEL OR OTHER ACTIVITIES BASED ON INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE, YOU SHOULD INDEPENDENTLY VERIFY THE INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE AND ENSURE THAT YOUR TRAVEL ACTIVITIES AND OTHER PLANS ARE APPROPRIATE FOR YOU. TRAVEL AND OTHER ACTIVITIES THAT DESCRIBED ON THE SERVICE ARE INHERENTLY RISKY AND YOU OR YOUR COMPANIONS’ PROPERTY COULD BE STOLEN, DAMAGED OR DESTROYED, AND YOU OR YOUR COMPANIONS COULD DIE OR BE SERIOUSLY INJURED, AND WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN ANY OF THESE EVENTS. THE UTRIP ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE UTRIP ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO UTRIP FOR ACCESS TO AND USE OF THE SERVICE (INCLUDING ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE) GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (II) $50. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UTRIP AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We operate the Service from our offices in the State of Washington, and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.
If a dispute arises between you and Utrip, you and Utrip agree that we will resolve any claim that arises out of or relates to this Agreement or the Service (a “Claim”) solely in accordance with the provisions set forth below or as we and you otherwise agree in writing.