Last Updated: March 5, 2023
Introduction
Welcome to the Travel Trac® website and online store! These Terms and Conditions (“Terms”) are a legal agreement between you and Travel Trac® governing your access to and use of our website, products, and services.
Please read these Terms carefully before using our website. By accessing or using the Travel Trac® website, mobile app, products, services, content, tools, APIs, or software provided on the website (collectively referred to as “Services”), you signify your agreement to these Terms. If you do not agree to any part of these Terms, do not use our Services.
We may modify these Terms at any time and will post the most current version on our website. By continuing to use our Services after a change, you accept the updated Terms.
Use of Our Services
You must be at least 18 years old or have parental consent to use our Services. By using our Services, you state that you can enter into a legally binding contract with Travel Trac®.
Our Services are intended solely for users who reside in the United States. We make no claims our Services are appropriate or available for use outside the U.S. Accessing our Services from jurisdictions where the contents are illegal is prohibited.
User Accounts
To access certain features, you may be required to register and create a username, password, and profile. You are responsible for maintaining the confidentiality of your login credentials and agree not to share your credentials with others. User accounts are non-transferable.
When setting up an account, you agree to provide accurate, current, and complete information. You may not impersonate someone else, create multiple accounts, or falsify your identity or affiliation with any person or entity.
It is your responsibility to promptly update your account information if anything changes. We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information.
User Content
You are solely responsible for any information, data, text, photos, graphics, links, profiles, audio, video, items, and other content you upload, publish, or display on or through our Services (“User Content”). You may not upload, post, or transmit User Content that:
- Violates any third party’s rights, including intellectual property rights and privacy rights;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Contains or installs any viruses, malware, bugs, or other harmful technology;
- Violates any applicable laws, regulations, or this Terms of Use;
- Impersonates someone else or misrepresents your identity or affiliation with any person or organization; or
- Contains advertising or promotions unrelated to our Services.
We do not claim ownership over your User Content. However, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, publish, and process your User Content for the purposes of operating our Services, providing content to you, backing up and maintaining our systems, and complying with legal obligations.
You may revoke this license at any time by removing your User Content. However, cached copies or backups may still exist. You grant the same license to other users who access or use your User Content.
We are not responsible for maintaining copies of or public access to your User Content. Do not provide any User Content you do not wish to make public or share with others.
Prohibited Activities
When using our Services, you agree not to:
- Attempt to circumvent any security or technology features, attempt unauthorized access to accounts or data, or penetrate or disable any security measures;
- Upload or transmit any file that may damage, interfere with, intercept, expropriate or misappropriate our Services;
- Use any robot, spider, crawler, scraper or other automated means to access our Services for any purpose;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or networks;
- Copy, modify, disseminate, display or transmit any portion of our website, database or other components without prior written permission;
- Resell, redistribute, license, sublicense or transfer any material from our Services except as expressly authorized;
- Use our Services to design or develop a competitive or substantially similar product or service;
- Use our Services other than for their intended purpose;
- Immediately notify us of any unauthorized use of your login credentials or account;
- Violate the restrictions in any robot exclusion headers on our Services, if any;
- Violate any applicable laws, regulations, or these Terms of Use;
- Engage in any illegal or fraudulent business practice in conjunction with your use of our Services.
Purchases and Payments
If you wish to purchase any products or services made available through our Services (“Purchases”), you may be asked to supply certain information relevant to your Purchase including credit card information.
We use third-party services for payment processing like Visa, Mastercard, American Express, PayPal, etc. We collect and store some payment information with encryption and other security measures. By submitting your information, you grant us the right to provide it to these providers for processing.
All payment details are stored and processed under PCI compliance regulations. However, we cannot guarantee the absolute security of your financial or payment information.
Once payment is authorized, the amount will be deducted from your account. You agree to pay all charges incurred through your purchases, including any applicable taxes. If payment cannot be processed or is later invalidated, we reserve the right to terminate your order and hold you liable for any costs incurred.
All Purchases are subject to stock availability. We try to display accurate price and product information but make no guarantees. Prices, availability, descriptions, and options may change at any time without notice. Certain restrictions and exclusions may apply. See product pages and descriptions for additional details.
Shipping and Delivery
When you purchase a physical product, shipping and delivery terms will be provided at checkout and in your order confirmation. We make every effort to ship and deliver items as soon as possible. However, we do not guarantee delivery by a specific date and are not liable for any delays.
You agree to provide a valid shipping address where you or your authorized designee can accept deliveries. We reserve the right to cancel any orders with invalid or undeliverable shipping addresses.
Risk of loss and title transfers to you when products are delivered to your door. Check packages immediately and notify us of any damage or discrepancies within 5 days of delivery. We are not liable for delays in shipping due to weather, customs, increased safety screenings, government actions or regulations, errors in product information, or other unforeseen circumstances.
Electronic products and software will be delivered electronically. You are responsible for providing accurate email address and for checking spam folders. We are not liable for undelivered items due to invalid email addresses.
Returns and Refunds
If you are not fully satisfied with your purchase, you may request a refund within 30 days of delivery for a full refund of the purchase price, minus the original shipping and handling costs. This policy only applies to unused products in their original condition.
To request a refund, please contact our Customer Service team. You will be provided instructions on how to securely return the product with all original packaging and accessories. We will process and reimburse refunds within 14 days of receiving the return.
Custom made products, gift cards, and certain other products are non-refundable. Products that are damaged, used, installed, or missing original packaging or accessories may incur restocking fees.
Our Content and Services
All content present on our website and mobile apps such as text, code, graphics, logos, images, compilation, software, apps, information, data, and other material (“Our Content“) is our exclusive property. You may use Our Content solely for purposes approved in our Services and not for any other purposes without express permission.
Our Services may allow you to copy or download Our Content. In such cases, you may make limited, temporary copies for your personal use only. You may never sell, redistribute, or re-transmit Our Content to any third party without prior written permission. Any use of Our Content not specifically permitted herein is strictly prohibited.
While we aim for our Services to be available and functional at all times, availability and functionality cannot be guaranteed. We reserve the right to suspend or discontinue all or part of our Services with or without notice for business, operational, security, legal compliance, or other reasons.
Features and functionality may be added, changed, or removed at any time without notice. New services may be introduced at any time without prior announcement. We are not liable for any suspension, failure, removal, unavailability, or change in our Services.
Ownership and Proprietary Rights
Our Services and Content are owned by Travel Trac® and our licensors, and protected under U.S. and international copyright, trademark, patent, and other proprietary rights laws. You do not acquire any ownership rights by accessing or using our Services.
Our trademarks, trade names, logos, slogans, domain names, and other brand features may not be used in any manner without our express written consent. All other brand, product, and company names are trademarks or registered marks of their respective holders.
Any feedback, comments, suggestions, or ideas you provide related to our Services is entirely voluntary. We may use feedback for any purpose without obligation of confidentiality, accounting, compensation, or attribution.
External Links
Our Services may contain links to websites maintained by third parties. Links out do not imply endorsement of those sites by us and we make no guarantees about their content, security, or practices. Visiting and using third party sites is at your own risk.
Indemnification
You agree to fully indemnify, defend, and hold harmless Travel Trac® and our parents, subsidiaries, affiliates, officers, directors, agents, partners, investors, employees, and representatives from any claim, action, loss, damage, cost, expense or liability arising from your use of our Services or violation of these Terms. We reserve the right to exclusively defend, settle, and control any matter for which you must provide indemnification and will not settle any such matter without your consent if it contains obligations binding upon you. You will promptly reimburse us for our costs and expenses relating to any indemnified matter.
Disclaimers
OUR SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS WHETHER IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
WE MAKE NO GUARANTEES ABOUT THE RELIABILITY, TIMELINESS, SUITABILITY, SECURITY OR COMPLETENESS OF OUR SERVICES OR CONTENT. WE DO NOT WARRANT SERVICES OR CONTENT WILL MEET YOUR NEEDS OR BE ERROR FREE. USE AT YOUR OWN RISK. WE MAKE NO GUARANTEES ABOUT THE RESULTS OBTAINED FROM SERVICE USE.
WE MAKE NO REPRESENTATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF OUR SERVICES FOR ANY PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL TRAVEL TRAC® BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO USE OF OUR SERVICES OR CONTENT. THIS INCLUDES LOSS OF REVENUE, PRODUCTION, INCOME, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITS APPLY TO ANY AND ALL LEGAL CLAIMS INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES SO SOME OR ALL OF THESE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law
These Terms and your use of our Services are governed by the laws of the State of Tennessee, U.S.A. without regard to conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Davidson County, Tennessee and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Termination
We may terminate your right to access or use the Services at any time for violation of these Terms or other applicable agreements or policies. You may discontinue use at any time by ceasing access. Provisions intended to survive termination of these Terms shall remain in effect after termination. This includes all representations, warranties, and indemnities provided by you as well as limitations of liability and ownership provisions.
Entire Agreement
These Terms including referenced policies and guidelines constitute the entire agreement between you and Travel Trac®. It supersedes any prior agreements or negotiations. Our failure to exercise or enforce rights does not constitute a waiver unless acknowledged and agreed to in writing.
Severability
If any part of these Terms is invalid or unenforceable, it is severed from these Terms with the remaining provisions continuing in effect.
Contact
Please contact us at [email protected] for any questions about these Terms, to address any violations, or if you have any other concerns.
Consent
By using our Services, registering for an account, or making any purchase, you agree to these Terms. If you do not agree to be bound by these Terms, do not access or use our Services.
