Last Updated: 7/31/2020.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE
"SITE") OR
OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER,
CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS
BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITE OR OUR SERVICES.
The present terms and conditions
(this "Agreement" or "Terms") is a legal
agreement between you and Travo Presentations L.L.C. (hereinafter "Travo"),
a company duly organized and validly existing, located at P. O. Box 14655, Madison,
Wisconsin 53708-0655. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (travollc.com) is
operated by Travo. Throughout the Site, the terms "we", "us"
and "our" refer to Travo. Travo offers this Site, including
all information, tools and services available from this Site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our Site and/or
purchasing something from us, you engage in our "Service" and agree
to be bound by the following terms and conditions, including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms apply to all users of the Site, including without
limitation users who are browsers, vendors, customers, merchants, and/or
contributors of content. In the event of an inconsistency between this
Agreement and any additional terms or policies referenced herein, the
provisions of the additional terms or policies shall control.
Please read these Terms carefully
before accessing or using our Site. By accessing or using any part of the Site,
you agree to be bound by these Terms. If you do not agree to all the Terms of
this Agreement, then you may not access the Site or use any Service. If these
Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which
are added to the current store shall also be subject to the Terms. You can
review the most current version of the Terms at any time on this page. We
reserve the right to update, change or replace any part of these Terms by
posting updates and/or changes to our Site. It is your responsibility to check
this page periodically for changes. Your continued use of or access to the Site
following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you
represent that you are at least the age of majority in your state or province
of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to use this Site.
You may not use our products or
Site for any illegal or unauthorized purpose nor may you, in the use of our
products or Site, violate any laws in your jurisdiction (including but not
limited to motor vehicle laws).
You must not transmit any worms
or viruses or any code of a destructive nature.
A breach or violation of any of
the Terms will result in an immediate termination of your account and right to
use our Service.
We have the right, but not the
obligation, to take any of the following actions in our sole discretion at any
time and for any reason without giving you any prior notice:
1.
Restrict,
suspend or terminate your access to all or any part of our Site;
2.
Change, suspend
or discontinue all or any part of our products or Site;
3.
Refuse, move,
or remove any content that is available on all or any part of our Site;
4.
Deactivate or
delete your accounts;
5.
Establish
general practices and limits concerning use of our Site.
You agree that we will not be
liable to you or any third party for taking any of these actions.
You understand and agree that our
Site may include communications such as service announcements and
administrative or legal notices from us. Please note that you cannot opt out of
receiving these notices.
You understand that your content
(not including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Site, use of the Site, or access to the Site or any
contact on the Site, without express written permission by us.
You may not modify, publish,
transmit, reverse engineer, participate in the transfer or sale, create derivative
works, or in any way exploit any of the content, in whole or in part, found on
the Site. Travo content is not for resale. Use of the Site does not entitle
users to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of
Travo and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Travo or our licensors except as
expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with
us, you are registered on the Travo Site. The terms "member,"
"membership," and "account" all refer to this registration
as a member on Travo's Site. If you are merely surfing or browsing through the
Site and have not yet created an account, your use of the Site is still subject
to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you
will provide a unique username and email. We will also ask you to create a
password. Because any activities that occur under your username or password
are your responsibility it is important for you to keep your username and/or
password secure. You may not assign or otherwise transfer your account to any
other person or entity. You acknowledge that Travo is not responsible for third
party access to your account that results from theft or misappropriation of
your account. Notify us immediately if you believe that someone has used your
username, email, or password without your authorization.
Furthermore, the registering
party hereby acknowledges, understands and agrees to:
a)
furnish factual, correct, current and complete information with
regards to yourself as may be requested by the data registration process, and
b)
maintain and promptly update your registration and profile
information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any
information of a false, untrue, inaccurate or incomplete nature, Travo
Presentations L.L.C. will have sufficient grounds and rights to suspend or
terminate the member in violation of this aspect of the Agreement, and as such
refuse any and all current or future use of Travo Presentations L.L.C.
Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site,
you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content,
whether it is publicly or privately posted and/or transmitted, is the expressed
sole responsibility of the individual from whom the content originated. In
short, this means that you are solely responsible for any and all content
posted, uploaded, emailed, transmitted or otherwise made available by way of
the Travo Services, and as such, we do not guarantee the accuracy, integrity or
quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed,
transmitted or otherwise made available by Travo.
Furthermore, you herein agree not
to make use of Travo Presentations L.L.C.'s Services for the purpose of:
a)
uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b)
causing harm to
minors in any manner whatsoever;
c)
impersonating
any individual or entity, including, but not limited to, any Travo officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting
any affiliation with an individual or entity;
d)
forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with;
e)
uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f)
uploading,
posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with
any contractual or fiduciary relationship;
g)
uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail,"
"spam," or any other form of solicitation, except in any such areas
that may have been designated for such purpose;
h)
uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i)
disrupting
the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time
interactions;
j)
interfering with or disrupting any Travo Presentations L.L.C. Services,
servers and/or networks that may be connected or related to our website,
including, but not limited to, the use of any device software and/or routine to
bypass the robot exclusion headers;
k)
intentionally or unintentionally violating any local, state,
federal, national or international law, including, but not limited to, rules,
guidelines, and/or regulations decreed by the U.S. Securities and Exchange
Commission, in addition to any rules of any nation or other securities
exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the
force of law;
l)
providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as
a "foreign terrorist organization" in accordance
to Section 219 of the Immigration Nationality Act;
m)
"stalking" or with the intent to otherwise harass
another individual; and/or
n)
collecting
or storing of any personal data relating to any other member or user in connection
with the prohibited conduct and/or activities which have been set forth in the
aforementioned paragraphs.
Travo Presentations L.L.C. herein
reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the Terms or which would
otherwise be considered offensive to other visitors, users and/or members.
Travo Presentations L.L.C. herein
reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith
belief that any such action is deemed reasonably necessary for:
a)
compliance with
any legal process;
b)
enforcement of
the Terms;
c)
responding
to any claim that therein contained content is in violation of the rights of
any third party;
d)
responding to
requests for customer service; or
e)
protecting the
rights, property or the personal safety of Travo Presentations L.L.C., its
visitors, users and members, including the general public.
Travo Presentations L.L.C. herein
reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by Travo Presentations L.L.C. or any other content providers
supplying content services to Travo Presentations L.L.C.. You are hereby
prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials
supplied by our Services, despite whether done so in whole or in part, is
expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the
internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable
content. Uploading, posting and/or transferring of software, technology and
other technical data may be subject to the export and import laws of the United
States and possibly other countries. Through the use of our network, you thus
agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations
(
http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of
the United States
(
http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx
). Furthermore, you state and pledge
that you:
a)
are not on the list of prohibited individuals which may be
identified on any government export exclusion report
(
http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm
)
nor a member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
b)
agree not to transfer any software, technology or any other
technical data through the use of our network Services to any export-prohibited
country;
c)
agree not to use our website network Services for any military,
nuclear, missile, chemical or biological weaponry end uses that would be a
violation of the U.S. export laws; and
d)
agree not to post, transfer nor upload any software, technology
or any other technical data which would be in violation of the U.S. or other
applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
Travo Presentations L.L.C. shall
not lay claim to ownership of any content submitted by any visitor, member, or
user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Travo Presentations L.L.C. the below
listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a)
The content submitted or made available for inclusion on the
publicly accessible areas of Travo Presentations L.L.C.'s Sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services is for the
sole purpose of providing and promoting the specific area to which this content
was placed and/or made available for viewing. This license shall be available
so long as you are a member of Travo Presentations L.L.C.'s sites, and shall
terminate at such time when you elect to discontinue your membership.
b)
Photos, audio, video and/or graphics submitted or made available
for inclusion on the publicly accessible areas of Travo Presentations L.L.C.'s
sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area
in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Travo Presentations
L.L.C.'s sites and shall terminate at such time when you elect to discontinue
your membership.
c)
For any other content submitted or made available for inclusion
on the publicly accessible areas of Travo Presentations L.L.C.'s sites, the
continuous, binding and completely sub-licensable license which is meant to
permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole or in
part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.
Those areas which may be deemed
"publicly accessible" areas of Travo Presentations L.L.C.'s Sites are
those such areas of our network properties which are meant to be available to
the general public, and which would include message boards and groups that are
openly available to both users and members. However, those areas which are not
open to the public, and thus available to members only, would include our mail
system and instant messaging.
CONTRIBUTIONS TO
COMPANY WEBSITE
Travo Presentations L.L.C. may
provide an area for our user and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions")
to our site, you acknowledge and agree that:
a)
your
contributions do not contain any type of confidential or proprietary
information;
b)
Travo shall not
be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c)
Travo
shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d)
the
contributor's Contributions shall automatically become the sole property of
Travo; and
e)
Travo is under
no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
SECTION 6 - INDEMNITY
All users and/or members agree to
insure and hold Travo Presentations L.L.C., our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable
for any claim or demand, which may include, but is not limited to, reasonable
attorney fees made by any third party which may arise from any content a
member or user of our Site may submit, post, modify, transmit or otherwise make
available through our Services, the use of Travo Services or your connection
with these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees
not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Travo's sites.
SECTION 8 - MODIFICATIONS
Travo Presentations L.L.C. reserves
the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a member of travollc.com, you
may cancel or terminate your account, associated email address and/or access to
our Services by submitting a cancellation or termination request to.
As a member, you agree that Travo
Presentations L.L.C. may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated
with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
a)
any breach or
violation of our Terms or any other incorporated agreement, regulation and/or
guideline;
b)
by way of
requests from law enforcement or any other governmental agencies;
c)
the discontinuance,
alteration and/or material modification to our Services, or any part thereof;
d)
unexpected
technical or security issues and/or problems;
e)
any extended
periods of inactivity;
f)
any
engagement by you in any fraudulent or illegal activities; and/or
g)
the nonpayment
of any associated fees that may be owed by you in connection with your
travollc.com account Services.
Furthermore, you herein agree
that any and all terminations, suspensions, discontinuances, and or limitations
of access for cause shall be made at our sole discretion and that we shall not
be liable to you or any other third party with regards to the termination of
your account, associated email address and/or access to any of our Services.
The termination of your account
with travollc.com shall include any and/or all of the following:
a)
the removal of
any access to all or part of the Services offered within travollc.com;
b)
the deletion of
your password and any and all related information, files, and any such content
that may be associated with or inside your account, or any part thereof; and
c)
the
barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either Travo Presentations
L.L.C. or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not
endorse nor are we responsible or liable for any content, products, advertising
or any other materials, on or available from such third party sites or
resources. Furthermore, you acknowledge and agree that Travo Presentations
L.L.C. shall not be responsible or liable, directly or indirectly, for any
such damage or loss which may be a result of, caused or allegedly to be caused
by or in connection with the use of or the reliance on any such content, goods
or Services made available on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree
that Travo Presentations L.L.C.'s Services and any essential software that may
be used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary
rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Travo Presentations L.L.C. or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Travo Presentations L.L.C. Services
(e.g. Content or Software), in whole or part.
Travo Presentations L.L.C. hereby
grants you a personal, non-transferable and non-exclusive right and/or license
to make use of the object code or our Software on a single computer, as long as
you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise
make an attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of
the
Software, including and without
limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through
any means other than through the interface which is provided by Travo
Presentations L.L.C. for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE
AND AGREE THAT:
a) THE USE OF TRAVO PRESENTATIONS L.L.C. SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED
ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. TRAVO PRESENTATIONS L.L.C. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF
ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) TRAVO PRESENTATIONS L.L.C. AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH
WARRANTIES THAT (i) TRAVO PRESENTATIONS L.L.C. SERVICES OR
SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) TRAVO PRESENTATIONS
L.L.C. SERVICES
OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE
OF THE TRAVO PRESENTATIONS L.L.C. SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
BYWAY OF TRAVO PRESENTATIONS L.L.C. SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS
SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND
ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR
FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d)
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,
THAT MAY BE OBTAINED BY YOU FROM TRAVO PRESENTATIONS L.L.C. OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS.
e)
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE
OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS
WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY.
SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE
ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY
ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
TRAVO
PRESENTATIONS L.L.C. AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES WHICH MAY BE RELATED TO
THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE
BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE USE OR
INABILITY TO USE OUR SERVICE;
b)
THE COST OF
PROCURING SUBSTITUTE GOODS AND SERVICES;
c)
UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d)
STATEMENTS OR
CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e)
AND ANY OTHER
MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute,
you agree to release Travo Presentations L.L.C.(and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected
to such dispute.
SECTION 15 - NOTICE
Travo Presentations L.L.C. may
furnish you with notices, including those with regards to any changes to the
Terms, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices
may not be received if you violate any aspects of the Terms by accessing our
Services in an unauthorized manner. Your acceptance of this Agreement
constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed our Services in an authorized
manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge,
understand and agree that all of the Travo Presentations L.L.C. trademarks,
copyright, trade name, service marks, and other Travo Presentations L.L.C. logos
and any brand features, and/or product and service names are trademarks and as
such, are and shall remain the property of Travo Presentations L.L.C. You
herein agree not to display and/or use in any manner the Travo Presentations
L.L.C. logo or marks without obtaining Travo Presentations L.L.C.'s prior
written consent.
Travo Presentations L.L.C. will
always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole
discretion, Travo Presentations L.L.C. may disable and/or terminate the
accounts of any user who violates our Terms and/or infringes the rights of
others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property
rights have been otherwise violated, you should provide to us the following
information:
a)
The electronic
or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b)
A description
of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c)
A
description of the location of the site which you allege has been infringing
upon your
work;
d)
Your physical
address, telephone number, and email address;
e)
A statement, in
which you state that the alleged and disputed use of your work is not authorized
by the copyright owner, its agents or the law;
f)
And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and that
you are the copyright or intellectual property owner, representative or agent
authorized to act on the copyright or intellectual property owner's behalf.
The Travo Presentations L.L.C.
agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Travo Presentations L.L.C.
P. O. Box 14655
Madison, Wisconsin 53708-0655
Attn: Copyright Agent
Email: traviscurrier@travollc.com
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the
entire agreement between you and Travo Presentations L.L.C. and shall govern
the use of our Services, superseding any prior version of this Agreement
between you and us with respect to Travo Presentations L.L.C. Services. You may
also be subject to additional terms and conditions that may apply when you use
or purchase certain other Travo Presentations L.L.C. Services, affiliate
Services, third-party content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of
both you and Travo Presentations L.L.C. with regard to the
Agreement that the relationship
between the parties shall be governed by the laws of the state of Wisconsin
without regard to its conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the Agreement,
or the relationship between you and Travo Presentations L.L.C., shall be filed
within the courts having jurisdiction within the County of United States ,
Wisconsin or the U.S. District Court located in said state. You and Travo
Presentations L.L.C. agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise
of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Travo
Presentations L.L.C. fail to exercise or enforce any right or provision of the
Agreement, such failure shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Agreement remain in full force and
effect.
SECTION 20 - NO RIGHT OF
SURVIVORSHIP NONTRANSFERABILITY
You acknowledge, understand and
agree that your account is non-transferable and any rights to your ID and/or
contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents
therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and
agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the Agreement
must be filed within 2 year(s) after said claim or cause of action arose or
shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all
violations of this Agreement to Travo Presentations L.L.C. as follows:
Mailing Address:
Travo Presentations L.L.C.
P. O. Box 14655
Madison, Wisconsin 53708-0655
Email: traviscurrier@travollc.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with
governmental requests, subpoenas or court orders, to protect our systems, or to
ensure the integrity and operation of our business and systems, we may access
and disclose any information we consider necessary or appropriate, including
and without limitation, your information, IP address, and usage history. Our
right to disclose any such information is governed by the terms of our Privacy
Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated
and administered by Travo from our offices within the USA. If you access the
Site from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use Travo's content accessed
through the Site in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be
information on our Site that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information on the Site or on any related
Site is inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to
update, amend or clarify information on the Site or on any related Site,
including without limitation, pricing information, except as required by law.
No specified update or refresh date applied on the Site or on any related Site,
should be taken to indicate that all information on the Site or on any related
Site has been modified or updated.