Welcome to tripsha.com! Please read these Terms of Service carefully before using the services offered by Tripsha, Inc. ("Tripsha", "us", “we”). These Terms of Service set forth the terms and conditions of our relationship and for your use of the tripsha.com website (the "Site") and the applications, services, features, or content offered by Tripsha and related communications (collectively, the "Services") to you.
This Agreement, together with any Traveler Agreement or Verified Host Agreement entered into between you and Tripsha, supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
The Site and Services
- You understand that Tripsha provides and facilitates a platform for Travelers to connect with Verified Hosts to join the Verified Hosts on their planned traveling plans and related activities (collectively, the “Trip”).
- You understand and agree that, as a result, even though Tripsha and its agents may help facilitate the transactions between Verified Hosts and Travelers, Tripsha is not involved and does not participate in such transactions between Traveler and a Verified Host. As used in this Agreement, a “Transaction” shall mean any type of engagement, agreement, booking, Trip, or any other type of arrangement between a Verified Host and a Traveler.
- You understand that Verified Hosts are neither employees nor agents nor representatives of Tripsha.
- You are solely responsible for every Transaction occurring under your account.
- You understand that even though Tripsha may use a third-party identity verification service provider to verify the identities of its Verified Hosts, Tripsha is not responsible for and does not screen users, including but not limited to any Travelers. You further understand that Tripsha does not review, endorse, recommend, verify, evaluate, warrant or guarantee the conditions or features of any Trip, or the claims or background of any Traveler, Verified Host, or other user.
- You understand that while Tripsha may conduct identity verifications on Verified Hosts, information obtained by Tripsha about any Verified Host should not be taken as complete, accurate, up-to-date or conclusive of the Verified Host’s suitability as a host, nor the quality or safety of their Trip. Users are responsible for interviewing, verifying information provided by other users, and ultimately selecting an appropriate Verified Host.
- TRIPSHA THEREFORE STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THE SITE AND SERVICES. TRIPSHA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ALL ITS USERS OR OF THOSE PERSONS TRAVELING WITH USERS, NOR OTHER SERVICE PROVIDERS (COLLECTIVELY, “SERVICE PROVIDERS”). TRIPSHA ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL ITS USERS OR SERVICE PROVIDERS, OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR SERVICE PROVIDERS, BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- You understand that it is your duty to confirm or verify any information provided by any other user and that you bear the sole risk of relying on any such information. Under no circumstances will Tripsha be liable for any loss or damage caused by your reliance on any information, representation, or statement available on or through the Site and/or Services. You agree to take all necessary precautions in all interactions with other users.
- You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site or Services or to another in the course of using the Site or Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
- You understand that if you directly provide any Verified Host with any payment, credit card, or other payment information, it is at your own risk. Tripsha is not responsible for any payment exchanged outside of the Site or Services.
Terms for Super Hosts
- If you are a Super Host, the relationship between Tripsha and you as a Super Host is subject at all times to the Super Host Agreement between you and Tripsha, which is incorporated herein by reference.
- You, and not Tripsha, are solely responsible for determining the price of the Trip, along with any additional costs to be included or factored into such price (the “Trip Price”). As a Super Host, you acknowledge and agree that you are solely responsible for any and all of your Trip listings on the Site and Services.
Terms for Travelers
- Travelers can join a Trip through the Site and/or Services. It is important that Travelers check the information entered and correct any errors before joining a Trip.
- If you have joined a Trip as a Traveler, the relationship between Tripsha and you as a Traveler is subject at all times to the Traveler Agreement between you and Tripsha, which is incorporated herein by reference.
- You will be able to access details of your Trip and any confirmations through your account. Joining a Trip on the Site and/or Services is a booking solely for you to join the Trip, and you may not book a trip for more than one person or any person other than yourself.
- If you request to join a Trip and you are accepted by the Verified Host, you will be responsible and liable to pay the Trip Price and any other fees due for such booking, subject, in each case, to this Agreement, the Traveler Agreement, and any other terms and conditions specific to the Trip as agreed between you and the Verified Host.
- If you have a problem during your Trip, please inform the Verified Host immediately. Because a Trip booking is a contract directly between the Traveler and the Verified Host, the Verified Host will have the sole discretion in deciding how to handle the Traveler’s complaints. As a Traveler, you will also be asked and entitled to leave a review about the Trip on the Site and Services. However, you will be solely responsible to resolve any dispute arising out of or related to your Trip directly with the Verified Host, regardless of whether Tripsha has spoken to the Verified Host and/or Traveler regarding the issue. Under no circumstances shall Tripsha have any obligations or liability regarding disputes between Verified Hosts and Travelers other than as set forth in this Agreement.
- As a Traveler, you accept responsibility for your conduct during your Trip. Tripsha shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative travel plans or accommodations) that you may incur as a result of your Trip being terminated early by the Verified Host because of your behavior.
Fees and Payments
- You understand any and all fees, expenses, and payments for any Transaction shall be arranged directly between the Traveler and the Verified Host.
- You understand that Tripsha does not collect, nor store payment and/or credit card information from you and that all payments are facilitated separately by Stripe, or any third-party payment or service facility used by Tripsha.
- You understand that any and all credit card, debit card, bank, or other payment information supplied by you to pay for any Transaction is transmitted directly to Stripe or any third party payment or service facility used by Tripsha, which processes, stores, and otherwise uses such information in order to facilitate payment to a Verified Host.
- You agree that you will be subject to Stripe’s Services Agreement, located at https://stripe.com/legal, which is incorporated herein by reference.
- You understand that all pricing, rates, and fees for any Transaction, including the Trip Price, are set by the applicable Verified Host and that Tripsha does not set any such pricing, rates, or fees.
- You agree to ensure that all payment information supplied by you is accurate and correct and kept updated with Stripe or any third party payment or service facility used by Tripsha at all times and that you are fully authorized to use such credit card and payment information and Stripe account (or account with any third party payment or service facility used by Tripsha) for purposes of paying for any Transaction.
- You understand that once you make payment for any Transaction, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
CANCELLATIONS AND REFUNDS
- All cancellations and refunds are subject to the Tripsha Cancellation and Refund Policy, which is incorporated herein by reference.
- All determinations regarding a cancellation and refund shall be made in the sole discretion of Tripsha and shall be final and binding on the Traveler and Verified Host, as between them.
The Agreement between Tripsha and You
- You are responsible for reviewing changes to this Agreement
- This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
- This Agreement applies to all users of the Site and the Services, including Verified Hosts and Travelers.
- Tripsha may make changes to this Agreement from time to time without specifically notifying you.
- Tripsha will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
- If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by Tripsha from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
- Tripsha may edit or modify anything on the Site or Services without notice. Tripsha is committed to delivering a positive user experience and you understand that Tripsha reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
- You are responsible for accepting updated versions of the Site and Services. If Tripsha provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Site and Services, Tripsha shall not bear any responsibility or liability for your decision.
WHAT LAWS AND RULES YOU ARE RESPONSIBLE FOR FOLLOWING
- By registering for a Tripsha account, you represent and warrant that: (a) you are eligible for an account as set forth in this Agreement; and (b) the information you include as part of the registration process and thereafter is accurate and not misleading. User accounts may be obtained and used only by persons who are at least eighteen (18) years old. The Site and the Services are not intended for use by children, especially those under age 13. Any use of or access to the Site or the Services by anyone under 18 is unauthorized, as is any account registration by anyone under 18. Although you may view listed Trips on the Site and/or Services as an unregistered visitor, if you wish to book a Trip or create a Trip listing, you must first register to create an account and enter into a Traveler Agreement or Verified Host Agreement, as applicable.
- You understand that you may not use the Site or the Services where such use is prohibited. You represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
- You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site and the Services, including but not limited to while on any Trip.
- You shall abide by all applicable local, state, national and international laws, rules and regulations, whether or not you are a Verified Host or Traveler. It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws, rules and regulations applicable to you.
- You understand that you are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You understand that you will be fully responsible for all activities that occur under your account, username and/or password. You agree not allow someone who is not you to use your account, username or password of at any time. You agree to immediately notify Tripsha of any unauthorized use of your password or your username.
- We strongly encourage you to change your password at least once a month and you understand that Tripsha will not be liable for any loss that you incur as a result of someone else using your account or your password.
- You understand Tripsha may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that Tripsha reserves the right (without any undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
- You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way. Tripsha may terminate your use of or access to the Site and/or Services without reason or notice to you.
- You agree to comply with Tripsha’s Community Standards Policy when using the Site or Services, which is incorporated herein by reference.
YOUR RELATIONSHIP WITH THIRD PARTIES
- Tripsha or its business partners may present advertisements or promotional materials via the Site and/or Services.
- Your dealings with, or participation in promotions of any third-party advertisers via the Site and/or Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that Tripsha is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site and/or Services.
- You understand the Site and/or the Services may contain (or you may receive from Tripsha, third parties or users) links to other websites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that Tripsha is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that Tripsha is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that Tripsha shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
- Tripsha procures certain identity verification services on Verified Hosts from third party service providers in Tripsha's discretion ("Identity Verifications"). Users may be able to obtain additional identity verifications or background checks on Travelers, Verified Hosts, or on themselves (with consent and in accordance with applicable law) in their sole discretion. Tripsha is not responsible for and shall not maintain records of any identity verifications or background checks obtained by a Traveler, Verified Host, or any other user or third party.
- Identity Verifications are regulated by the Fair Credit Reporting Act (the "FCRA"), and the reports resulting from the Identity Verifications are considered "consumer reports" under the FCRA. Consumer reports may contain information on a person's character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
- Tripsha will receive a copy of each Identity Verification authorized by a Verified Host when creating a Verified Host profile. If an Identity Verification reveals adverse information about you, you will be emailed a copy of the results and your Verified Host profile and Trip listings will not be listed on the Site or Services. You are responsible for making sure that the email address you provide to Tripsha is correct, knowing that sensitive information will be sent to it.
- If an Identity Verification does not disclose any disqualifying conditions or characteristics of a Verified Host, as determined in Tripsha’s sole discretion, or otherwise cause Tripsha to suspend or terminate a Verified Host from using the Site and Services, your Verified Host profile and Trip listings will be viewable by other users via the Site and Services.
- Travelers may request and receive a copy of an Identity Verification on a Verified Host via written authorization and agreement outside of this Agreement, subject to the Verified Host's explicit instructions about who may have access to such a report.
- If Tripsha terminates your account or access to the Site and/or Services on the basis of information in an Identify Verification report, it will notify you and provide you the name and contact information of the identify verification service provider that created the report. Tripsha will also provide you a copy of the report unless the identify verification service provider has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Tripsha does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the identify verification service provider that issued it (and not Tripsha).
- BY AGREEING TO THESE TERMS AND USING THE SITE AND/OR SERVICES, YOU AGREE TO ALLOW TRIPSHA TO PERFORM IDENTITY VERIFICATIONS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE IDENTITY VERIFICATIONS TO BE PERFORMED, YOU SHOULD NOT APPLY TO BE A VERIFIED HOST. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATIONS TO BE PERFORMED.
RELEASE OF TRIPSHA FROM LIABILITY FOR IDENTITY VERIFICATIONS
- You hereby represent, understand and expressly agree that Identity Verifications are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Identity Verification ordered as well as the country and local jurisdiction where the check is performed. You further hereby represent, understand and expressly agree that any Identity Verification is not a guarantee of past, present, or future conduct, and that Tripsha makes no representations whatsoever as to the conduct or character of any Verified Host, Traveler, or user.
- If you decide to access, use, or share information provided by an Identity Verification, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless Tripsha from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Tripsha does not assume and expressly disclaims, and you hereby agree to release Tripsha from, any loss, liability, damage, or costs that may result from the use of information provided in a identify verification report including, without limitation, the inaccuracy or incompleteness of any such information.
WHO OWNS WHAT AND HOW YOU CAN USE IT
- The content, organization, graphics, photographs, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of Tripsha or may be, to a certain extent, the property of its content suppliers, including but not limited to Verified Hosts, Travelers, and other users, and are protected under applicable copyrights, trademarks and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
- You agree that TRIPSHA, TRIPSHA.COM and other Tripsha graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Tripsha or its affiliates (“Trademark Content”).
- Tripsha trademarks and trade dress may not be used in connection with any product or service that is not Tripsha’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tripsha.
- All other trademarks not owned by Tripsha or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tipsha or its affiliates.
- Tripsha grants you a limited license to access and make personal use of the Site and the Services. The Site and Services are not to be used for commercial purposes by any business or agencies, including but not limited to travel agencies or tourism agencies.
- Tripsha does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
- You understand Tripsha does not grant you the right to resell or make commercial use of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You understand the Site and the Services, or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Tripsha and our affiliates without express written consent.
- You may not use any meta tags or any other "hidden text" utilizing Tripsha’s name or trademarks without the express written consent of Tripsha. Any unauthorized use terminates the permission or license granted by Tripsha.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at Tripsha’s sole discretion other items such as widgets, buttons, or other web page elements, to the home page of Tripsha so long as the link does not portray Tripsha, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any Tripsha logo or other proprietary graphic or trademark as part of the link without express written permission.
- You understand that by registering, you will be invited to create a Verified Host or Traveler profile, and that you may further be invited to participate in online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Site and/or Services, such as text, drawings, icons, photos, videos, etc. (collectively, "User Content"). You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to Tripsha as set forth herein, with full knowledge that Tripsha may exploit it in any manner whatsoever. You make such warranties without Tripsha incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to Tripsha the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that Tripsha is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site, Services, or Tripsha, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.
- You further perpetually and irrevocably grant Tripsha the unconditional right to use and exploit your name, persona and likeness included in any User Content.
- You also grant to Tripsha the right to sub-license and authorize others to exercise any of the rights granted to Tripsha.
- You authorize Tripsha to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Tripsha does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights.
Tripsha reserves the right to terminate your account or any user account that it determines to be a “repeat infringer." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Site or Services.
GENERAL DISCLAIMER, LIMITATION ON LIABILITY & INDEMNIFICATION
- Tripsha is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, Tripsha, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
- Tripsha is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any other user, Verified Host, Traveler, or Service Provider.
- Tripsha has no obligation to review and content or material, posted to or through the Site and Services, and therefore cannot be responsible for such material or content.
- Tripsha assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- Tripsha is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Services, including injury or damage to users or to any other person's computer, and/or mobile device.
- The Site and the Services contain information and press releases about Tripsha. While this information was believed to be accurate as of the date prepared, Tripsha disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise, should not be relied upon as being provided or endorsed by Tripsha.
- Neither Tripsha nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services and between users of the Site or the Services and Verified Hosts, whether online or offline.
- WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL TRIPSHA OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR PARTICIPATION IN ANY TRIPS, OR YOUR USE OF ANY INFORMATION OR THE SITE OR SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.TRIPSHA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTY".
- You agree to indemnify, defend, and hold harmless Tripsha, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (a) your use of the Site and Services, (b) any User Content, Third Party Content, Third Party Sites and any other content, (c) any damage, loss, expense, claim or other cost suffered by any user or their family members, or to any Trip you might offer or book via the Site or Services, including but not limited to those incurred as a result of the actions of any Verified Host, Traveler, Service Provider, other user, or any other third party, (d) your violation of this Agreement, or of any law or the rights of any third party, and (e) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
GOVERNING LAW & AGREEMENT TO ARBITRATION
- Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site and/or Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
- Agreement to Arbitration
- You and Tripsha agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
- You agree any arbitration shall take place in New York, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
- WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASSName MEMBER IN ANY PURPORTED CLASSName ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASSName ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TRIPSHA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASSName ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
YOUR GENERAL REPRESENTATIONS & WARRANTIES
- You represent and warrant that you will use the Site and Services in accordance with this Agreement, any Traveler Agreement or Verified Host Agreement applicable to you, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
- You represent and warrant that you will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Tripsha may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
Have any questions about this Agreement? Contact us at firstname.lastname@example.org.