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Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions, last updated October 1, 2015:

 

Welcome to TRIPSTIGATOR (T)!  We hope you find it useful.

 

DISCLAIMER.  Many jurisdictions have laws protecting consumers and other contract parties, limiting their ability to waive certain rights and responsibilities.  We respect such laws. Nothing herein shall waive rights or responsibilities that cannot be waived.

To the extent permitted by law;

  1. We make no promise as to T, its completeness, accuracy, availability, timeliness, propriety, security or reliability;
  2. Your access and use are at your own risk, and T is provided “AS IS” and “AS AVAILABLE”;
  3. We are not liable for any harm resulting from
    1. user content;
    2. user conduct, e.g. illegal conduct;
    3. your T use;
    4. our representations;
  4. We and our officers, directors, employees (“T Entities”), disclaim all warranties & conditions, express or implied, of merchantability, fitness for particular purpose, or non-infringement;
  5. T Entities are not liable for any indirect, incidental, special, consequential or punitive damages, or any loss (e.g. of profit, revenue, data, or goodwill);
  6. In no event shall our total liability exceed $100 or what you paid us in the past year.

 

CLAIMS.  You agree

  1. any claim, cause of action or dispute (“Claim”) arising out of or related to the Terms and Conditions or your T use is governed by Utah (“UT”) law regardless of your location or any conflict or choice of law principle;
  2. Claims must be resolved exclusively by state or federal court in Salt Lake City, UT (except we may seek injunctive remedy anywhere);
  3. to submit to personal jurisdiction of said courts;
  4. any Claim must be filed by 1 year after it arose or be forever barred;
  5. not to bring or take part in a class action against Tripstigator LLC;
  6. (except government agencies) to indemnify T Entities for any damage, loss and expense (e.g. legal fees) arising from claims related to your T use;
  7. you are liable for Terms and Conditions breaches by affiliates (e.g. marketers) paid by you , directly or indirectly (e.g. through an affiliate network);
  8. and to pay us for breaching or inducing others to breach the use of T, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate):
    1. US$0.20 per server request,
    2. US$2.00 per post, email, flag, or account created,
    3. US$2.00 per item of Personal Information collected, and
    4. US$1,000.00 per software distribution, capped at US$25,000.00 per day.

 

MISCELLANEOUS

  1. Users complying with prior written licenses may access T thereby until authorization is terminated.  Otherwise, this is the exclusive and entire agreement between us.
  2. If a Terms and Conditions term is unenforceable, other terms are unaffected.
  3. If Terms and Conditions translations conflict with the English version, English controls.
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