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TERMS OF SERVICE
Last Updated: August 1,
2016
WELCOME TO
TRIPLISHER!
Triplisher, Inc. (“Triplisher,” “we,” “us,” “our”)
provides its services (described below) to you through its website located at
www.triplisher.com (the “Site”) and through its mobile applications and related
services (collectively, such services, including any new features and
applications, and the Site, the “Service(s)”), subject to the following Terms
of Service (as amended from time to time, the “Terms of Service”). We reserve
the right, at our sole discretion, to change or modify portions of these Terms
of Service at any time. If we do this, we will post the changes on this page
and will indicate at the top of this page the date these terms were last
revised. We will also notify you, either through the Services user interface,
in an email notification or through other reasonable means. Any such changes
will become effective no earlier than fourteen (14) days after they are posted,
except that changes addressing new functions of the Services or changes made
for legal reasons will be effective immediately. Your continued use of the
Service after the date any such changes become effective constitutes your
acceptance of the new Terms of Service.
In addition, when using
certain services, you will be subject to any additional terms applicable to
such services that may be posted on the Service from time to time, including,
without limitation, the Privacy Policy located at
http://www.triplisher.com/policy. All such terms are hereby incorporated by
reference into these Terms of Service.
ACCESS AND USE OF THE SERVICE
SERVICES DESCRIPTION:
Triplisher is a trip planning site. We list down
and map out attractions that users may find interesting and exciting. The Service is also an online platform that connects locals
who have unique knowledge of and experience with a particular travel
destination or activity (“Providers”) with travelers seeking to receive
services related to such destinations ,activities
(“Travelers”). The platform also connects trip owners who have availible lodging to be shared or availible
seats of viacles would like to share with other
travelers. Some Providers (“Guides”) lead experiences on the ground, some
Providers (“Locals”) help with travel planning and other provides
(“Trip Oweners”) provide lodging and trasportations. Through the Services, Providers may create
and post profiles (“Profiles”) that provide information about the Provider’s
knowledge and experience, and may make themselves available to offer certain
services to Travelers at a particular destination (each such service, an
“Experience”). Travelers may select Providers (or may request that Triplisher attempt to connect them to a Provider) to
provide the Traveler with an Experience.
PLATFORM NATURE OF THE SERVICES:
Triplisher makes available a platform for Travelers and Providers to meet
online and arrange for Experiences. Triplisher is not
an operator of tours, activities, shared lodging or Experiences, nor is it a
provider of tours, shared lodging
or activities, and Triplisher does not
own, sell, resell, furnish, provide, manage and/or control any transportations
or tour services. Triplisher’s responsibilities are
limited to: (i) facilitating the availability of the
Services; (ii) serving as the limited agent of each Provider for the purpose of
accepting payments from Travelers on behalf of the Provider; and (iii) in
certain instances, booking lodging accommodations on behalf of Travelers as
detailed below.
YOU UNDERSTAND AND AGREE
THAT TRIPLISHER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS
AND TRAVELERS, NOR IS TRIPLISHER AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS
BETWEEN PROVIDERS AND TRAVELERS. TRIPLISHERCANNOT AND DOES NOT CONTROL THE
CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF
ANY EXPERIENCES. TRIPLISHER HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS,
TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL
LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR
PARTAKING OF ANY EXPERIENCESARE AT THE PROVIDER’S AND/OR TRAVELER’S OWN RISK.
YOUR REGISTRATION OBLIGATIONS:
You may be required to
register with Triplisher in order to access and use
certain features of the Service. If you choose to register for the Service, you
agree to provide and maintain true, accurate, current and complete information
about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are
governed by our Privacy Policy. If you are under 13 years of age, you
are not authorized to use the Service, with or without registering. In
addition, if you are under 18 years old, you may use the Service, with or
without registering, only with the approval of your parent or guardian.
MEMBER ACCOUNT,
PASSWORD AND SECURITY:
You are responsible for
maintaining the confidentiality of your password and account, if any, and are
fully responsible for any and all activities that occur under your password or
account. You agree to (a) immediately notify Triplisher
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session when accessing the Service. Triplisher will
not be liable for any loss or damage arising from your failure to comply with
this Section.
MODIFICATIONS TO
SERVICE:
Triplisher reserves the right to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that Triplisher will not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
GENERAL PRACTICES REGARDING USE AND STORAGE:
You acknowledge that Triplisher may establish general practices and limits
concerning use of the Service, including without limitation the maximum period
of time that data or other content will be retained by the Service and the
maximum storage space that will be allotted on Triplisher’s
servers on your behalf. You agree that Triplisher has
no responsibility or liability for the deletion or failure to store any data or
other content maintained or uploaded by the Service. You acknowledge that Triplisher reserves the right to terminate accounts that
are inactive for an extended period of time. You further acknowledge that Triplisher reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
MOBILE SERVICES:
The Service may includes
certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a
mobile device, (ii) the ability to browse the Service and the Site from a
mobile device and (iii) the ability to access certain features through an
application downloaded and installed on a mobile device (collectively, the
“Mobile Services”). To the extent you access the Service through a mobile
device, your wireless service carrier’s standard charges, data rates and other
fees may apply. In addition, downloading, installing, or using certain Mobile
Services may be prohibited or restricted by your carrier, and not all Mobile
Services may work with all carriers or devices. By using the Mobile Services,
you agree that we may communicate with you regarding Triplisher
and other entities by SMS, MMS, text message or other electronic means to your
mobile device and that certain information about your usage of the Mobile
Services may be communicated to us. In the event you change or deactivate your
mobile telephone number, you agree to promptly update your Triplisher
account information to ensure that your messages are not sent to the person
that acquires your old number.
PROVIDER OBLIGATIONS:
As a Provider, you may
create Profiles that showcase your experience, activities you can lead, and the
type of Experiences you can help Travelers plan. Profiles will be made publicly
available via the Services, and other Members may contact you based upon the
information provided in your Profile. You acknowledge and agree that you are
responsible for your Profiles and your own acts and omissions and are also
responsible for the acts and omissions of any individuals who are present
during the Experience at your request or invitation, excluding the Traveler
(and the individuals the Traveler invites to the Experience, if applicable).
You understand and agree
that Triplisher does not act as an insurer or as a
contracting agent for you as a Provider. If a Traveler requests your expertise
for a Experience and participates in your Experience,
any agreement you enter into with such Traveler is between you and the Traveler
and Triplisher is not a party thereto.
Notwithstanding the foregoing, Triplisher serves as
your limited authorized agent:
You represent and warrant
that your Profile and your planning of and/or guidance
on any Experience:
Triplisher recommends that Providers and Travelers obtain appropriate
insurance for their Experiences. Please review any insurance policy that
you may have for your Experience carefully, and in particular please make sure
that you are familiar with and understand any exclusions to, and any
deductibles that may apply for, such insurance policy, including, but not
limited to, whether or not your insurance policy will cover the actions or
inactions of Travelers (and the individuals the Traveler invites to the
Experience, if applicable) while participating in your Experience.
NO ENDORSEMENT:
Triplisher does not endorse any Experiences. In addition, although these
Terms require users to provide accurate information, we do not attempt to
confirm, and do not confirm, any user’s purported identity. You are responsible
for determining the identity and suitability of others who you contact via the
Services. We will not be responsible for any damage or harm resulting from your
interactions with other users. By using the Services, you agree that any legal
remedy or liability that you seek to obtain for actions or omissions of other
users or other third parties will be limited to a claim against the particular
user or other third parties who caused you harm and you agree not to attempt to
impose liability on, or seek any legal remedy from Triplisher
with respect to such actions or omissions. Accordingly, we encourage you to
communicate directly with other users via the Services regarding any bookings
or Trips made by you. This limitation shall not apply to any claim by a
Provider against Triplisher regarding (i) the remittance of payments received from a Traveler by Triplisher on behalf of a Provider or (ii) the failure of Triplisher to book a Triplisher
Booking for which the Traveler provided accurate booking information, which
instead shall be subject to the limitations described in the section below
entitled “Limitation of Liability”.
CONDITIONS OF USE
USER CONDUCT:
You are solely responsible
for all code, video, images, information, data, text, software, music, sound,
photographs, graphics, messages or other materials (“content”) that you upload,
post, publish or display (hereinafter, “upload”) or email or otherwise use via
the Service. The following are examples of the kind of content and/or use that
is illegal or prohibited by Triplisher. Triplisher reserves the right to investigate and take
appropriate legal action against anyone who, in Triplisher’s
sole discretion, violates this provision, including without limitation,
removing the offending content from the Service, suspending or terminating the
account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to:
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS:
Software (defined below)
available in connection with the Service and the transmission of applicable
data, if any, is subject to United States export controls. No Software may be
downloaded from the Service or otherwise exported or re-exported in violation
of U.S. export laws. Downloading or using the Software is at your sole risk.
Recognizing the global nature of the Internet, you agree to comply with all
local rules and laws regarding your use of the Service, including as it concerns
online conduct and acceptable content.
COMMERCIAL USE:
Unless otherwise expressly
authorized herein or in the Service, you agree not to display, distribute,
license, perform, publish, reproduce, duplicate, copy, create derivative works
from, modify, sell, resell, exploit, transfer or upload for any commercial
purposes, any portion of the Service, use of the Service, or access to the
Service. The Service is for your personal use.
APPLE-ENABLED
SOFTWARE APPLICATIONS:
Triplisher offers Software applications that are intended
to be operated in connection with products made commercially available
by Apple Inc. (“Apple”), among other platforms. With respect to Software that
is made available for your use in connection with an Apple-branded product
(such Software, “Apple-Enabled Software”), in addition to the other terms and
conditions set forth in these Terms of Service, the following terms and
conditions apply:
Triplisher and you acknowledge and agree that Apple, and Apple’s
subsidiaries, are third party beneficiaries of these Terms of Service with
respect to the Apple-Enabled Software, and that, upon your acceptance of the
terms and conditions of these Terms of Service, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms of Service
against you with respect to the Apple-Enabled Software as a third party
beneficiary thereof.
INTELLECTUAL PROPERTY
RIGHTS
SERVICE CONTENT,
SOFTWARE AND TRADEMARKS:
You acknowledge and agree
that the Service may contain content or features (“Service Content”) that are
protected by copyright, patent, trademark, trade secret or other proprietary
rights and laws. Except as expressly authorized by Triplisher,
you agree not to modify, copy, frame, scrape, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Service
Content, in whole or in part, except that the foregoing does not apply to your
own User Content (as defined below) that you legally upload to the Service. In
connection with your use of the Service you will not engage in or use any data
mining, robots, scraping or similar data gathering or extraction methods. Any
use of the Service or the Service Content other than as specifically authorized
herein is strictly prohibited. The technology and software underlying the
Service or distributed in connection therewith is the property of Triplisher, our affiliates and our partners (the
“Software”). You agree not to copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, or otherwise transfer any right in the
Software. Any rights not expressly granted herein are
reserved by Triplisher.
The Triplisher
name and logos are trademarks and service marks of Triplisher
(collectively the “Triplisher Trademarks”). Other Triplisher, product, and service names and logos used and
displayed via the Service may be trademarks or service marks of their respective
owners who may or may not endorse or be affiliated with or connected to Triplisher. Nothing in this Terms of Service or the Service
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of Triplisher Trademarks
displayed on the Service, without our prior written permission in each
instance. All goodwill generated from the use of Triplisher
Trademarks will inure to our exclusive benefit.
THIRD PARTY MATERIAL:
Under no circumstances will Triplisher be liable
in any way for any content or materials of any third parties (including users),
including, but not limited to, for any errors or omissions in any content, or
for any loss or damage of any kind incurred as a result of the use of any such
content. You acknowledge that Triplisher does not
have a duty to pre-screen content, but that Triplisher
and its designees will have the right (but not the obligation) in their sole
discretion to refuse or remove any content that is available via the Service.
Without limiting the foregoing, Triplisher and its
designees will have the right to remove any content that violates these Terms
of Service or is deemed by Triplisher, in its sole
discretion, to be otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any content, including any
reliance on the accuracy, completeness, or usefulness of such content.
USER CONTENT TRANSMITTED THROUGH THE SERVICE:
With respect to the content
or other materials you upload through the Service or share with other users or
recipients (collectively, “User Content”), you represent and warrant that you
own all right, title and interest in and to such User Content, including,
without limitation, all copyright and rights of publicity contained therein. By
uploading any User Content you hereby grant and will grant Triplisher
and its affiliated companies a nonexclusive, worldwide, royalty free, fully
paid up, transferable, sublicensable, perpetual,
irrevocable license to copy, display, upload, perform, distribute, store,
modify and otherwise use your User Content in connection with the operation of
the Service or the promotion, advertising or marketing thereof, in any form,
medium or technology now known or later developed.
You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback or other information
about the Service (“Submissions”), provided by you to Triplisher
are non-confidential and Triplisher will be entitled
to the unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Triplisher may
preserve content and may also disclose content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process, applicable laws or government
requests; (b) enforce these Terms of Service; (c) respond to claims that any
content violates the rights of third parties; or (d) protect the rights,
property, or personal safety of Triplisher, its users
and the public. You understand that the technical processing and transmission
of the Service, including your content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
THIRD PARTY WEBSITES:
The Service may provide, or
third parties may provide, links or other access to other sites and resources
on the Internet. Triplisher has no control over such
sites and resources and Triplisher is not responsible
for and does not endorse such sites and resources. You further acknowledge and
agree that Triplisher will not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any content, events,
goods or services available on or through any such site or resource. Any
dealings you have with third parties found while using the Service are between
you and the third party, and you agree that Triplisher
is not liable for any loss or claim that you may have against any such third
party.
SOCIAL NETWORKING SERVICES:
You may enable or log in to
the Service via various online third party services, such as social media and
social networking services like Facebook or Twitter (“Social Networking
Services”). By logging in or directly integrating these Social Networking
Services into the Service, we make your online experiences richer and more
personalized. To take advantage of this feature and capabilities, we may ask
you to authenticate, register for or log into Social Networking Services on the
websites of their respective providers. As part of such integration, the Social
Networking Services will provide us with access to certain information that you
have provided to such Social Networking Services, and we will use, store and
disclose such information in accordance with our Privacy Policy. For more
information about the implications of activating these Social Networking Services
and Triplisher’s use, storage and disclosure of
information related to you and your use of such services within Triplisher (including your friend lists and the like),
please see our Privacy Policy. However, please remember that the manner in
which Social Networking Services use, store and disclose your information is
governed solely by the policies of such third parties, and Triplisher
shall have no liability or responsibility for the privacy practices or other
actions of any third party site or service that may be enabled within the
Service.
In addition, Triplisher is not responsible for the accuracy,
availability or reliability of any information, content, goods, data, opinions,
advice or statements made available in connection with Social Networking Services.
As such, Triplisher is not liable for any damage or
loss caused or alleged to be caused by or in
connection with use of or reliance on any such Social Networking Services. Triplisher enables these features merely as a convenience
and the integration or inclusion of such features does not imply an endorsement
or recommendation.
INDEMNITY AND RELEASE:
You agree to release, indemnify and hold Triplisher
and its affiliates and their officers, employees, directors and agent harmless
from any from any and all losses, damages, expenses, including reasonable
attorneys’ fees, rights, claims, actions of any kind and injury (including
death) arising out of or relating to your use of the Service, any User Content,
your connection to the Service, your violation of these Terms of Service or
your violation of any rights of another. If you are a California resident, you
waive California Civil Code Section 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.” If you are a resident of
another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES AND INFORMATION ACCURACY
Our
Service and App are to be used for general planning purposes. Although we
strive to provide the most accurate maps and information possible, we cannot
guarantee that any use of our Service will result in any desired results for
you. We cannot guarantee that all locations are accurate on our maps. In some
instances we may use third party data such as Google Maps, although their data
is generally accurate, errors may occur. Please do not rely on our Service or
App at the risk of your safety or the safety of others. You understand that our
App does not show what is actually taking place in front of you. Any alerts are
merely visualizations of data from our Service, they
may not reflect actual circumstances. Predicted journey distance, arrival
times, routes, gas prices, and points of interests are all estimates. We do not
make any guarantees as to time of arrival, destinations, or locations found on
our App or Service.
YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. TRIPLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TRIPLISHER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIPLISHER WILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES
FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIPLISHER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO
USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TRIPLISHER’S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE
PAID TRIPLISHER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS
($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE SERVICE.
ARBITRATION:
At Triplisher’s
or your election, all disputes, claims, or controversies arising out of or
relating to the Terms of Service or the Service that are not resolved by mutual
agreement may be resolved by binding arbitration to be conducted before JAMS,
or its successor. Unless otherwise agreed by the parties, arbitration will be
held in San Francisco, California before a single arbitrator mutually agreed
upon by the parties, or if the parties cannot mutually agree, a single
arbitrator appointed by JAMS, and will be conducted in accordance with the
rules and regulations promulgated by JAMS unless specifically modified in the
Terms of Service. The arbitration must commence within forty-five (45) days of
the date on which a written demand for arbitration is filed
by either party. The arbitrator’s decision and award will be made and
delivered within sixty (60) days of the conclusion of
the arbitration and within six (6) months of the selection of the arbitrator.
The arbitrator will not have the power to award damages in excess of the
limitation on actual compensatory, direct damages set forth in the Terms of
Service and may not multiply actual damages or award punitive damages or any
other damages that are specifically excluded under the Terms of Service, and
each party hereby irrevocably waives any claim to such damages. The arbitrator
may, in his or her discretion, assess costs and expenses (including the
reasonable legal fees and expenses of the prevailing part) against any party to
a proceeding. Any party refusing to comply with an order of the arbitrators
will be liable for costs and expenses, including attorneys’ fees, incurred by
the other party in enforcing the award. Notwithstanding the foregoing, in the
case of temporary or preliminary injunctive relief, any party may proceed in
court without prior arbitration for the purpose of avoiding immediate and
irreparable harm. The provisions of this arbitration section will be
enforceable in any court of competent jurisdiction.
TERMINATION:
You agree that Triplisher, in its sole discretion, may suspend or
terminate your account (or any part thereof) or use of the Service and remove
and discard any content within the Service, for any reason, including, without
limitation, for lack of use or if Triplisher believes
that you have violated or acted inconsistently with the letter or spirit of
these Terms of Service. Any suspected fraudulent, abusive or illegal activity
that may be grounds for termination of your use of Service, may be referred to
appropriate law enforcement authorities. Triplisher
may also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this Terms of Service may be
effected without prior notice, and acknowledge and agree that Triplisher may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that Triplisher will not be liable to you or any third party for
any termination of your access to the Service.
USER DISPUTES:
You agree that you are
solely responsible for your interactions with any other user in connection with
the Service and Triplisher will have no liability or
responsibility with respect thereto. Triplisher
reserves the right, but has no obligation, to become involved in any way with
disputes between you and any other user of the Service.
GENERAL:
These Terms of Service constitute the entire agreement between you and Triplisher and govern your use of the Service, superseding
any prior agreements between you and Triplisher with
respect to the Service. You also may be subject to additional terms and
conditions that may apply when you use affiliate or third-party services,
third-party content or third-party software. These Terms of Service will be
governed by the laws of the State of California without regard to its conflict
of law provisions. With respect to any disputes or claims not subject to
arbitration, as set forth above, you and Triplisher
agree to submit to the personal and exclusive jurisdiction of the state and
federal courts located within San Francisco County, California. The failure of Triplisher to exercise or enforce any right or provision of
these Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms of Service remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or these Terms of Service must be filed within one (1) year after such
claim or cause of action arose or be forever barred. A printed version of this
agreement and of any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You
may not assign this Terms of Service without the prior written consent of Triplisher, but Triplisher may
assign or transfer this Terms of Service, in whole or in part, without
restriction. The section titles in these Terms of Service are for convenience
only and have no legal or contractual effect. Notices to you may be made via
either email or regular mail. The Service may also provide notices to you of
changes to these Terms of Service or other matters by displaying notices or
links to notices generally on the Service.
YOUR PRIVACY:
At Triplisher,
we respect the privacy of our users. For details please see our Privacy Policy.
By using the Service, you consent to our collection and use of personal
data as outlined t herein.
QUESTIONS? CONCERNS?
SUGGESTIONS?
Please contact us at
support@Triplisher.com to report any violations of these Terms of Service or to
pose any questions regarding this Terms of Service or the Service.