Tripio Terms and Conditions
Tripio Product. The terms “Tripio,” “us” or “we” refers to Tripio Travel, Inc. The term “Device” refers to any device which is used to access the Products including but not limited to computers, smartphones and tablets. The term “you” refers to the user of the Products and other members of your party.
These Terms & Conditions (this “Agreement”) contain the terms and conditions on which we supply content, products or services listed through our application (the “App”), on www.TripioApp.com (the “Website”) or via other delivery methods to you (the App, Website, products and services, each as may be updated from time-to-time at the sole discretion of Tripio, are collectively referred to herein as the “Product” or “Products”).
2. CODE OF CONDUCT
As a condition of your use of the Products, you warrant that (i) all information supplied by you to Tripio via the Products is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 18 years of age or older in order to register for an account, use the Products, and (iv) you possess the legal authority to enter into this Agreement and to use the Products. Tripio does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny anyone access to the Products, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Products, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with Tripio. You may access the Products solely as intended through the provided functionality of the Products and as permitted under this Agreement.
When you use the Products to find places to visit, you should be aware that it is to be used for general planning purposes only. Tripio cannot guarantee that all information about locations is accurate, and information is not updated on a continuous basis to reflect changing conditions.
You agree to be mindful and respectful of places you visit in connection with your use of the Products. You agree that your behavior during any such visit will be appropriate to the environment around you and that you will not create excessive noise or other disturbances, or any unsafe conditions, in connection with your visit.
Visiting certain places that you learn about via the Products can be dangerous and may take you to difficult to access or potentially treacherous locations. There are many variables that must be considered prior to visiting, including: weather, fitness level, terrain features, and experience in similar situations in the past. Always exercise common sense and caution. Information on the Products about a location does not imply that accessing such location is safe or legal. Tripio makes no warranties, expressed or implied, regarding any such location or the accuracy, completeness or suitability of the information through the Products about such location. Visiting such locations can at times involve risk of injury, death, property damage, and other dangers associated with such activities. You understand that Tripio cannot and does not assume responsibility for any such personal injury, death, or property damage, all of which are at your own risk.
3. USER MATERIAL
The Products may let you submit material, including text, files, images, photos, and recorded activity information, to us (for example, in various parts of the Products you may be able to upload a photo to your profile, write reviews of trails, upload photos of your outdoor activities, or upload files that record your activities) (all such Material uploaded or made available by a user, “User Material”). User Material does not include the User Information, information related to your Order, or information which you provide in registering for and using Products. By transmitting, uploading, posting, e-mailing, or otherwise submitting User Material, you grant, and you represent and warrant that you have the right to grant, to Tripio an irrevocable, perpetual, non-exclusive, fully-paid, royalty free, worldwide license to use, telecast, copy, modify, perform, display, edit, distribute and otherwise exploit the User Material, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing. You also acknowledge that your User Material will not be returned to you and that Tripio has no obligation to acknowledge receipt of or respond to any User Material. If you submit User Material, you represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Tripio and its affiliates for all claims arising from or in connection with any claims to any rights in any User Material or any damages arising from any User Material.
Tripio reserves the right, but has no obligation, to review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not endorse any User Material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. You, and not Tripio, are entirely responsible for all User Material that you make available through the Products. We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, including without limitation where User Material does not comply with the requirements of this Section 4, with or without prior notice to you.
We may link User Material or parts of User Material to other Material, including Material submitted by other users or created by Tripio or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Tripio. You acknowledge that we may commercially benefit from use of your User Material, and have no obligation to credit you in such use.
Each time you submit User Material to us, you represent and warrant to us as follows:
You have all necessary right, title, interest, authorizations, and permissions to: (i) make available all of your User Material; and (ii) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including your User Material;
Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate;
Your User Material does not advertise any product or service or solicit any business;
Your User Material does not identify any individual (including by way or name, address or inclusion of a still picture or video of such individual) under the age of 18 and if User Material identifies any individual over the age of 18, you have the consent of such individual to so identify them;
You will not collect usernames and/or email addresses of users;
You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, misappropriation, infringement, or theft of trade secrets;
You will not engage in any automated use of the system, such as using scripts to alter our content;
You will not access, tamper with, or otherwise use any non-public areas of the Products, Tripio’s computer systems, or the technical delivery systems of Tripio’s providers; and
Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Tripio’s system or network or breach any security or authentication measures.
User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of absolute privacy. You represent and warrant that you own or otherwise control the rights to your User Material. Notwithstanding anything else set forth herein, you agree to indemnify Tripio and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
4. PROHIBITED USE OF THE PRODUCTS
4.1. Prohibited Activities.
You agree not to: (i) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves; (ii) interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products; (iii) access the Products in an unauthorized manner; (iv) interfere with any other user’s use and enjoyment of the Products; (v) request or offer to perform a request that is illegal or violates any of the terms set forth herein; (vi) impersonate any person or entity, including any employee or representative of Tripio; or (vii) use software or automated agents or scripts to produce multiple accounts, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Products (provided, however, that we may conditionally grant to the operators of public search engines revocable permission to use spiders to copy Materials from the Tripio Products for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Materials, but not caches or archives of such Materials, subject to the parameters set forth in our robots.txt file).
You agree that in conjunction with your use of the Products, you will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be (“Private Property”). You acknowledge that Tripio does not have and affirmatively disclaims any obligation or ability to provide you with complete and accurate information regarding the whereabouts of Private Property you may encounter when using the Products. Regardless of whether Tripio designates any content with a warning regarding its proximity to Private Property, you are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Products.
4.3. Disruptive and Disrespectful Use.
You agree to be mindful and respectful of places you visit in connection with your use of the Products. You agree that your use of the Products will be appropriate to the environment around you and that you will not create excessive noise or other disturbances in connection with your use of the Products. You agree to act in a manner that is respectful and appropriate to the areas where you use the Products, including while interacting with other people, disposing of trash, using restroom facilities, using the Product in large groups, parking your vehicle, and otherwise.
4.4. Other Illegal Use.
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
5. INTELLECTUAL PROPERTY RIGHTS
Except where otherwise indicated, all material included on the Products, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to Tripio, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Products is subject to copyright owned exclusively by Tripio. Content on the Products may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Tripio. Tripio reserves all rights not expressly granted in and to the Products and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Products for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or otherwise interfere with security related features of the Products or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Products or the Content therein.
6. PRODUCT DISCLAIMER
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, accessibility (including rights of entry and/or use), security or availability with respect to the Products or the information contained on the Products for any purpose. In some cases, the Products are designed to reduce, but not eliminate, certain risks, but you hereby acknowledge and agree that the Products are not sufficient to warrant or guarantee that either no loss, no damage, or no physical harm will occur. YOU UNDERSTAND THAT TRIPIO CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCTS. Tripio is not responsible for the misuse or misrepresentation of the information and/or data provided through the Products. Any reliance you place on such information is therefore strictly at your own risk.
Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time. Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can.
7. WARRANTY, DISCLAIMER, AND LIMITATIONS OF LIABILITY
YOU AGREE THAT YOUR USE OF THE PRODUCT SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT IS PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, TRIPIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCT AND YOUR USE THEREOF. TRIPIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCT’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE PRODUCT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TRIPIO'S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY. TRIPIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRIPIO PRODUCTS OR ANY HYPERLINKED PRODUCT OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
The risk of injury, illness–including that of COVID-19 and any others, disability and/or death from the activities involved in the Event is significant including, but not limited to the following: (i) sprains; (ii) strains; (iii) fractures; (iv) burns, cuts and tears; (v) bruises; (vi) heat and cold injuries; (vii) various water-related injuries, including but not limited to drowning; (viii) over-use syndrome; (ix) accidents and/or injuries involving vehicles; (x) animal and/or insect bites and or/stings; (xi) contact with poisonous plants; (xii) accidents and/or injury involving, but not limited to falling, slipping, sliding, running, travel by boat, truck car or other convenience; (xiii) heart attack; (xiv) potential for permanent paralysis and/or death; (xv) illness; (xvi) those risks created by other Event participants. You understand that the Event activities may be dangerous and could cause bodily harm, illness, injury, or death to myself and/or others and that you are not in any way required to participate, but are choosing to do so of your own free will; (xviii) those risks due to defects or conditions of or at the Event. While particular rules, equipment and personal discipline may reduce these risks, the risk of death, illness–including that of COVID-19 and others, disability or injury does exist.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL TRIPIO PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES, INCLUDING COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER LOSS INCURRED BY YOU OR ANY OTHER THIRD PARTY IN CONNECTION WITH YOUR USE OF THE PRODUCTS, YOUR ORDERS, OR OTHERWISE, IN EACH CASE WHETHER OR NOT TRIPIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, TRIPIO PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS FOR ANY AMOUNT THAT EXCEEDS THE GREATER OF (i) THE AMOUNT PAID BY YOU TO TRIPIO FOR ANY TRIPIO PRODUCTS THAT GIVE RISE TO THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100). ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS OF THE EVENTS GIVING RISE TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIPIO AND YOU. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, TRIPIO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS. The limitations set forth herein will survive termination or expiration of these Terms and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.
You agree to defend, indemnify and hold harmless Tripio and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Products; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Content caused damage to a third party; (v) any action taken by a third party using your account or user ID; or (vi) any claim made by a member of your party based on your use or misuse of the Products. This obligation will survive these Terms and Conditions and your use of the Products.
10. GENERAL TERMS AND CONDITIONS
10.1. No Waiver.
No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement. No waiver of any provision of this Agreement will constitute a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement will not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision. Waivers must be made in writing and executed by a duly authorized representative of the waiving party.
10.2. Third Party Services.
The Products may contain links to third party websites, applications and other resources that are not owned or controlled by Tripio (“Third Party Services”). You acknowledge and agree that Tripio has no control over such Third Party Services, is not responsible for the availability of such Third Party Services, and does not endorse and is not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such Third Party Services, or any websites, applications or other resources that they may link to (collectively, "Third Party Content"). Tripio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Service or Third Party Content.
10.3. Force Majeure.
Tripio shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Tripio may update or modify these Terms (including the Additional Terms and any referenced policies and other documents) from time to time by posting a revised version on the Website, App or by notification via the email associated with your account. If a change to these Terms materially modifies your rights or obligations, you may be required to click through the updated Terms to show acceptance and to continue to use the Products. Modifications will become effective upon posting or notification, and continued use of the Products, following the update, will constitute acceptance of the updated Terms. If Client does not agree to the updated Terms, Client should no longer use the Products.
10.5. International Users.
The Products can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Tripio intends to announce such services or content in your country. The Products are controlled and offered by Tripio from its facilities in the United States of America. Tripio makes no representations that the Products are appropriate or available for use in other locations. Those who access or use the Products from other countries do so at their own volition and are responsible for compliance with local law.
Except as otherwise specified below, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, related to your use of the Products, will be subject to and resolved by binding arbitration pursuant to the Arbitration Rules of U.S. Arbitration & Mediation, (www.usam.com). The Arbitration shall occur in Utah County in the State of Utah. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, which includes within the federal judicial district of the residence of the party against whom such award or order was entered.
If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable, void or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect, and all other provisions remain in full effect.
10.8. No Third-Party Rights.
Nothing in this Agreement confers on any third party the right to enforce any provision of this Agreement. Client acknowledges that each Subscription only permits use by and for the legal entity or entities identified in the Subscription Documentation and not any affiliates. Furthermore, Client’s affiliates are not permitted to use the Products under these Terms unless an affiliate agrees to these Terms individually and creates its own account.
10.9. Attorneys’ Fees and Costs.
The substantially prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys’ fees and costs for the action.
10.10. Entire Agreement.
This Agreement, represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Tripio’s Product or any other subject matter covered by this Agreement.
10.11. Governing Law; Jurisdiction and Venue.
This Agreement is governed by the laws of the State of Utah and the United States, without regard to choice or conflict of law rules thereof. The exclusive jurisdiction and venue for actions related to the subject matter of this Agreement will be the state courts located in Salt Lake County or Utah County, Utah or the United States District Court for the District of Utah, and both parties submit to the personal jurisdiction of these courts.
10.12. Contact information.