The Service is available only to persons that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not intended for, and may not be used by, people under the age of 18. By using our Service, you represent that you are over the age of 18.
You agree to be responsible for keeping your password safe and to accept any liability for damages that may arise from any use thereof, including assignment, disclosure, and/or loss thereof. Any use or access of the Service with your password will be considered to have been performed by you, and you will be responsible for said access and use.
No third-party provider of data or software applications (including but not limited to Apple, Google, or any other third party) endorses or takes responsibility for the Service or for tripBuddy.
WITHOUT LIMITING ANY OTHER REMEDIES, TRIPBUDDY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AT ANY TIME: (1) TO MONITOR OR STOP MONITORING THE SERVICE, INCLUDING ANY USER'S USER CONTENT AND/OR USE OF THE SERVICE; (2) TO TEMPORARILY OR PERMANENTLY DENY ANY USER, INCLUDING YOU, FROM ACCESSING ALL OF OR ANY PART OF THE SERVICE; (3) TO SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT; (4) TO STOP PROVIDING THE SERVICE IN WHOLE OR IN PART, AT ANY TIME. TRIPBUDDY SHALL HAVE NO DUTY TO NOTIFY YOU OF ANY MONITORING, MODERATION, DENIAL, EXCLUSION, AVAILABILITY, OR UNAVAILABILITY OF THE SERVICE, OR OF ANY SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF ANY ACCOUNT, AND TRIPBUDDY IS UNDER NO DUTY TO COMPENSATE YOU FOR ANY LOSS ASSOCIATED THEREWITH.
tripBuddy reserves the right, but has no obligation, to become involved in any way with interactions among users, including, without limitation, to investigate any suspected unlawful, fraudulent, or improper activity. You agree to fully cooperate with tripBuddy to investigate any suspected fraudulent, unlawful, or improper activity.
You waive the right of withdrawal pursuant to any legislative law approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws (the "Withdrawal Law"). You acknowledge and agree that any publication of advertisements takes place immediately after your request(s), and so the Withdrawal Law shall in no event apply to you nor to tripBuddy.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND ALL CONTENT IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF TRIPBUDDY, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “TRIPBUDDY PARTIES”) WARRANT THAT THE SERVICE OR ANY TRIPBUDDY CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE TRIPBUDDY PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO YOU OR YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE OR ANY TRIPBUDDY CONTENT. YOUR USE OF THE SERVICE AND THE TRIPBUDDY CONTENT IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR THE TRIPBUDDY CONTENT IS TO STOP USING THE SAME.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE SERVICE. TRIPBUDDY IS A MERE INTERMEDIARY BETWEEN THE SERVICE’S USERS, SO IT ACCEPTS NO LIABILITY FOR THE USE THEY MAKE OF IT OR THE CONDITIONS OR SOURCE OF THE PRODUCTS OFFERED THROUGH THE SERVICE OR THE POSSIBILITY THAT THEY MAY BE INACCURATE, DEFECTIVE, OR FAKE. TRIPBUDDY DOES NOT REVIEW OR APPROVE ANY TRIPS THE THROUGH THE SERVICE. NONE OF THE TRIPBUDDY PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN USERS OF THE SERVICE OR FOR ANY PRODUCTS THAT ARE THE SUBJECT OF ANY TRANSACTION MADE USING THE SERVICE. NONE OF THE TRIPBUDDY PARTIES ENDORSE ANY TRIP THAT IS THE SUBJECT OF ANY TRANSACTION MADE THROUGH THE SERVICE. NONE OF THE TRIPBUDDY PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. TRIPBUDDY AND THE TRIPBUDDY PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
ANY COMPLAINT OR DISPUTE THAT MAY ARISE BETWEEN THE USERS OF THE SERVICE MUST BE RESOLVED BY THEM AND THEY SHALL HOLD THE TRIPBUDDY PARTIES ENTIRELY HARMLESS.
IN NO EVENT SHALL ANY TRIPBUDDY PARTY BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES, OR SAVINGS, EVEN IF SUCH TRIPBUDDY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE TRIPBUDDY PARTIES EXCEED $10 OR THE TOTAL AMOUNT PAID BY YOU TO TRIPBUDDY IN THE PRECEDING 12 MONTHS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE TRIPBUDDY's' PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, AND HOLD THE TRIPBUDDY PARTIES HARMLESS FROM ALL CLAIMS, ACTIONS, OR DEMANDS AND RELATED COSTS, DAMAGES, AND LIABILITY (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH: (I) BREACH BY YOU OF THESE TERMS; (II) ANY USE OR MISUSE OF THE SERVICE USING YOUR CREDENTIALS OR UNDER YOUR ACCOUNT; (III) ANY USER CONTENT PROVIDED BY YOU; AND (IV) ANY CLAIMS BROUGHT AGAINST ANY TRIPBUDDY PARTY BY ANOTHER USER OF THE SERVICE AS A RESULT OF ANY OF YOUR ACTS OR OMISSIONS; (V) ANY INTERACTION OR DISPUTE WITH ONE OR MORE USERS OR FORMER USERS OF THE SERVICE. YOU AGREE TO HOLD TRIPBUDDY HARMLESS IN RELATION TO ANY CLAIM, FINE, PUNISHMENT OR PENALTY THAT IT MAY HAVE TO BEAR AS A CONSEQUENCE OF YOUR BREACH OF ANY TERMS OR RULES. TRIPBUDDY ALSO RESERVES THE RIGHT TO CLAIM DAMAGES.
The descriptive headings used herein are for convenience of reference only and shall have no effect in determining the rights or obligations under these Terms. The pronouns shall be construed to include, as appropriate, either gender or both, singular and plural.
You may not assign any of your rights under these Terms, and any such attempt will be void. tripBuddy may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
This Section (Survival After Termination) and the following sections shall survive the termination of these Terms and Conditions of Use: Section (Linked Sites), Section (Disclaimers and Limitations of Liability), Section (Indemnity), Section (Severability), Section (Claims), and Section (Assignment).
The provider and proprietor of the tripBuddy Service is: TRIPBUDDY, without a registered office. The service is being run out of our college apartments.
tripBuddy may notify you by postings on wwww.thetripbuddyapp.com or on the Service, and by email or any other communication means to contact information you have provided us.
Any notices that you provide that does not comply with this Section (Notices and Provider of Service) shall have no legal effect.
These Terms and Conditions of Use contain the entire agreement between you and us concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between you and us concerning the subject matter. These Terms create no third party beneficiary rights.