Acceptance

Thanks for choosing tripBuddy ("tripBuddy", "we", "us", "our"). These Terms and Conditions of Use ("Terms" or "Terms of Use") apply to the tripBuddy services, websites, servers, software applications, and content therefrom (together, the "tripBuddy Service" or "Service"), and include the tripBuddy Privacy Policy(the "Privacy Policy") which is incorporated herein by reference. You agree to comply with all applicable laws and with all applicable rules, including the tripBuddy Rules, which are incorporated herein by reference. Subject to your agreement and continuing compliance with these Terms of Use, and all applicable laws, rules, and policies, tripBuddy grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited privilege to access and use the Service. If, for any reason, you are unable to agree, or do not agree, with any part of these Terms, then you must refrain from accessing or using the Service. BY USING OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Age and Ability to Bind

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.

Modifications

These Terms were last updated on June 28, 2015. tripBuddy will always post the most current version of these Terms on its website or on the Service. tripBuddy reserves the right, at any time and with no need for prior notice, to modify these Terms and/or the Privacy Policy.

Personal Data

You agree to provide true, current, accurate, and complete information about yourself, as requested in the registration form and elsewhere in the Service, and you agree to keep such information updated if it changes. You are prohibited from providing the personal data of third parties, including their image or likeness, at any time during your use of the Service. You agree to defend and hold tripBuddy harmless for any claim, loss, punishment, fine, or penalty resulting from your breach of the duty described in this paragraph. Any information provided by you during the registration process, including, without limitation, personally-identifiable information, will be used by tripBuddy in accordance with its Privacy Policy.

Password

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.

Linked Sites

The Service may include technical linking devices, directories, or search tools that allow you to access third party web sites and pages (hereinafter referred to as “Linked Sites”). You agree that tripBuddy is in no way responsible for the Linked Sites. If you access a Linked Site for any reason, you do so at your own risk. Your use of any Linked Site and any personally-identifiable information or other information that you provide to any third party through a Linked Site is subject to the terms and conditions and privacy policy of such Linked Site, and not subject to these Terms or to tripBuddy’s Privacy Policy.

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.

MODERATION

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.

You are solely responsible for all of your User Content and for all information that you post on, through, or in connection with the Service, and that you provide to others. tripBuddy reserves the right, but has no obligation, to delete, remove, modify, reject, or refuse to post any User Content for any or no reason, including, but not limited to, User Content that violates these Terms of Use.

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.

tripBuddy assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. tripBuddy does not, and cannot, pre-screen or monitor all User Content. Your use of the Service is entirely at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, fraudulent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At tripBuddy's' sole discretion, our representatives, agents, or technology may monitor and/or record your interaction with the Service or communications (including, but not limited to, location data) when you are using the Service. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission or reception of any User Content.

No Right of Withdrawal

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.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

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.

INDEMNITY

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.

Waiver and Modification

tripBuddy's relaxation of or failure to enforce a provision of these Terms of Use is not a waiver of its right to do so later. Except as specifically set forth in these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by tripBuddy shall be deemed a modification of these Terms of Use, or legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of tripBuddy.

Construction

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.

Severability

These Terms are intended to comply with all applicable laws. You and tripBuddy agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect. The offending portion shall be modified to the slightest degree necessary to make it enforceable, remaining as close as possible to the parties' original intent for that portion.

Claims

In the event of a claim, cause of action, or dispute between tripBuddy and you, you and tripBuddy agree that any judicial proceeding will be brought in the American courts local to the registered office of tripBuddy. Both you and tripBuddy consent to venue and personal jurisdiction there, regardless of your location. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. These Terms and Conditions of Use shall be governed and interpreted in accordance with the laws of United States, regardless of your location or any conflict or choice of law principle.

Assignment

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.

Survival After Termination

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).

Notices and Provider of the Service

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.

Entire Agreement

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.