Use Of This Website Means Acceptance Of These Terms
By viewing, using, or otherwise interacting with the Website, or any Materials (defined below) available on or from the Website, you agree to be bound by these Terms. We hope that nothing herein will be objectionable to you, however,if you do not agree to any of these Terms, please do not continue to use the Website.
If you are a participant in, or are the representative of one or more participants in, a group event (or a representative of the applicable group or organization planning such group event) for which Huddletrip has been engaged to provide event coordination, planning, or other services, you agree, in addition to these Terms, to Huddletrip's Group Leader Agreement and/or Event Participant Agreement (as applicable). [Blue text should be hyperlinks to applicable documents]
This Website, including its functions and features, is owned and operated by Huddletrip Tours, LLC, ("Huddletrip" or "we" or "us" or a similar designation). All right, title and interest in and to the materials displayed, published, downloaded, or otherwise provided on or by the Website or through Huddletrip, including but not limited to information, documents, logos, graphics, sounds, images, and other content (collectively, the "Materials") are owned by Huddletrip or by its respective third-party licensors except with respect to certain content submitted to this Website via Member Activities (as defined below). Except as otherwise expressly permitted by Huddletrip in writing, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, framed or otherwise distributed in any way and nothing on the Website shall be construed to confer any license to such effect or to any of Huddletrip's intellectual property rights in the Materials or the Website, whether by estoppel, course of dealing, or otherwise. Please contact Huddletrip by email[INSERT MAILTO LINK THROUGHOUT THE TEXT WHERE EMAIL IS REFERENCED]if you have any questions about obtaining a license to use the Materials for any purpose other than as expressly permitted by these Terms. Any rights not expressly granted herein are reserved by Huddletrip.
We may revise these Terms ("Revised Terms") at any time, with or without notice to you, by posting Revised Terms on the Website. Such Revised Terms shall be effective as to all use of the Website, including with respect to existing registered user ("Member") accounts ("Accounts"). Revised Terms shall be effective upon posting, and your sole remedy should you disagree with any Revised Terms shall be to cease to use the Website. If you have any questions about any Revised Terms, please contact us by email at [INSERT MAILTO LINK].
You further agree that Huddletrip may (but has no obligation to) in its sole discretion, without notice other than publication on the Website: (a) modify from time to time the design and functionality of the Website and all services we offer; (b) edit, modify, or remove certain Materials; or (c) otherwise modify or remove any content, service, feature, or other aspect of the Website or the Materials.
3. Description Of Service & Conditions To Membership
(a) The Website. The Website offers innovative online tools to make group event and trip planning process significantly easier.
(b) Membership Required: To utilize certain features of this Website (making payments, Member Activities, etc.), you must become a Member by creating an Account. To create an Account, you must complete our registration process by accurately completing one or several registration form(s) (the "Registration Form"). When you register an Account and become a Member, you must submit and maintain current and accurate Account information, including but not limited to a working e-mail address that will serve as our primary form of communication with you (the "Registered Address"). You warrant and represent that the information you submit to us is true and accurate. Your failure to submit true and accurate information may result in termination of your Account, and Huddletrip reserves all remedies with respect to any false information submitted to us and/or this Website.
(c) Technical Requirements of Membership: In order to use the Website and access your Records, you will need an electronic device that-at a minimum-has the technical capacity to use commonly available and generally supported web browser types and versions (the "Minimum Technical Specifications"). We may reasonably modify Minimum Technical Specifications from time to time by posting Revised Terms. If at any time your equipment does not meet Minimum Technical Specifications, we may terminate your access to the Website and your Account.
(d) Membership to this Website is not intended for individuals under the age of . If you are under the age of , please do not use this Website.
[NOTE TO HUDDLETRIP: Depending on how young your event participants typically are, you may want to lower the minimum age requirement to as young as 14. You probably don't want to go lower than that in light of the Children's Online Privacy Protection Act, which imposes significantly tighter regulations on your ability to use personal information. If your typical event participants are closer to age 18, then it might make sense to restrict membership to ages 18+ and mandate that a parent or guardian must use Huddletrip on the minor's behalf. There are a variety of solutions here, but please let us know your thoughts, so that we can discuss.]
4. Member Activities & Posted Information
(a) General: The Website may offer interactive or social media functions to Members and visitors, such as (without limitation) member comments, ratings and forums (collectively, "Member Activities"). The identity of, or other information pertaining to, Members and others using the Website may be discernible to you or others based upon the comments or content such Members submit to, or their other activities on, the Website. You acknowledge that such activity on your part may result in others knowing your identity or having access to the comments or other materials you submit. Notwithstanding such access, you may not use the Website except to participate in the activities and discussions expressly authorized, and for no other purpose.
(b) Your Account Information Should Be Kept Secret: Please be sure to keep your Account information, including but not limited to your log-in information, secret as unauthorized access to your account may result in charges for transactions that you did not intent to incur and for which you will be held responsible. We strongly suggest that you do not grant anyone else access to your Account. However, should you choose to authorize a third-party to use your Account, you expressly agree to cause all other users of your Account to agree and abide by these Terms. You will be held liable for all Account use or misuse under your login credentials. Huddletrip will never email you a request to disclose your account information via email or email links at which you will be prompted to submit the same. It is always best for you to type in the URL for any website, including the Website, directly into your browser.
(c) Prohibited Activities: You may not engage in any activities (the "Prohibited Activities") which are malicious, intrusive, invasive, illegal, and/or infringing, or in violation of these Terms, including but not limited to: (i) mining for email addresses or other contact information; (ii) sending or posting unsolicited marketing or sales solicitations or spam; (iii) contacting anyone with whom you do not have a preexisting relationship (other than as participants in the ordinary course of the Member Activities as intended by Huddletrip); (iv) impersonating another person or entity; (v) misrepresenting your role with any organization; (vi) attempting to discern the log-in credentials or Account information of another Member; (vii) threatening, harassing, intimidating, or embarrassing another Member; (viii) selling or distributing email addresses or other contact information except with the owners' express consent; (ix) submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, defamatory, or otherwise inappropriate content (in the sole discretion of Huddletrip); (x) distributing malicious technologies such as viruses, malware, spyware, or adware; (xi) perpetrating hoaxes or pyramid schemes; (xii) encouraging unlawful or inappropriate behavior; (xiii) posting the intellectual property, confidential information, or personal information owned by another without permission; (xiv) interfering with another's use or enjoyment of this Website; (xv) submitting or posting any comments or content of any kind that is, in the sole discretion of Huddletrip, in bad taste or which may be contrary to the purposes for which Member Activities are provided; (xvi) attempting to hack, trespass, or acquire unauthorized access to any portion of this Website, including but not limited to any servers, networks, third-party hosts, and/or comparable equipment in connection thereto; (xvii) attempting to interrupt the Website's normal functionality, including but not limited to a denial-of-service attack or related, disruptive interactions; and/or (xviii) establishing any replica of any portion of this Website without the express, written consent of Huddletrip, including but not limited to "phishing" or "pharming" sites.
(d) Huddletrip's Editorial Rights: Huddletrip may, but has no obligation to, modify, redact, and/or delete any and all content submitted to the Website by any users, whether or not such content constitutes any of the Prohibited Activities. [Note to Huddletrip: we should discuss what you do with any user posted content (if any) or if you plan to have any such functions on the website; assuming editorial control is not always a good idea, but it depends on what you do or plan to do]
(e) Rights to Your Submissions: We do not want you to submit confidential, proprietary, and/or infringing information to this Website or to us. All comments, feedback, information or material submitted to Huddletrip shall be considered non-confidential and may be used or distributed by Huddletrip for any purpose, without further compensation to you. Such submissions may become publicly available, and you waive all moral or personality rights associated therewith. Further, you grant Huddletrip an irrevocable, limited license to use any and all information or materials submitted to Huddletrip, including "for profit" purposes such as advertising and promotional purposes, through all media and any manner, throughout all time. Before you submit any information to this Website, you agree to take reasonable measures to verify that such information is true, inoffensive, and non-infringing upon the intellectual property rights of third-parties. You further agree to indemnify Huddletrip for any claims, losses, expenses (including reasonable attorney's fees and expenses) and other damages suffered as a result of your violating this subsection.
5. Termination Of Use
Huddletrip reserves the right to terminate any Account or any person's access to the Website at any time, for any reason, and without notice.
6. Additional Issues Regarding Materials
You may use and view the Materials solely for your personal, internal informational use, but never for republication or redistribution in an manner. You may not re-publish the Materials or make any Materials which are available only to Members available to any non-Member or other third-parties. The above constitutes the sole license, and your sole rights, to the Materials, and all other rights are retained exclusively by Huddletrip and/or its licensors. The above permission to use the Materials shall terminate automatically without notice upon any breach by you (or anyone else who has access to the Materials through you) of these Terms or any other terms of your Membership; or the termination of your Membership, as applicable.
7. Applicable Law and Venue
These Terms and your rights and obligations with respect to your use of the Website or the Materials shall be governed by and interpreted in accordance with the laws of the State of Mississippi, excluding its choice of law rules.
Any legal action relating to these Terms or the Website must be instituted in a state or federal court of competent jurisdiction in Lafayette County, Mississippi, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and we each agree to personal jurisdiction and exclusive venue in Lafayette County, Mississippi.
These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through the Website or otherwise involving Huddletrip.
8. Consent to Electronic Notice, Records and Disclosures
As you may be aware, certain laws require that information, such as legal notices and/or disclosures, relating to you be provided or made available in writing ("Records").Your privilege of (as applicable) using the Website, being a Member, and holding an Account is conditioned upon your consent to Huddletrip's policy of providing only electronic Records, when required by applicable law, to your Registered Address. You further agree that if such electronic notice or other Records are sent by Huddletrip to your Registered Address, you are deemed to have received such notice in a legally effective manner. While generally you do have the right to have Records provided or made available on paper or in non-electronic form, and the right to withdraw your consent to have the Records provided or made available in electronic form, your sole method of withdrawing such consent is to cancel your Membership and/or your Account.
9. NO WARRANTIES
THIS WEBSITE AND ALL MATERIALS PROVIDED THEREON ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HUDDLETRIP DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE WEBSITE, PARTICIPATION IN WEBSITE, HUDDLETRIP AND/OR MEMBER ACTIVITIES, OR USE OF THE MATERIALS IS WITH YOU.
THE MATERIALS ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ANY NUTRITIONAL, DIETARY, LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
HUDDLETRIP MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. HUDDLETRIP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. THE WEBSITE AND/OR MATERIALS ARE NOT MEANT FOR USE ON MISSION CRITICAL OR PUBLIC SAFETY EQUIPMENT.
10. LIMITATIONS OF LIABILITY AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR ON THE WEBSITE, HUDDLETRIP SHALL NOT BE LIABLE FOR ANY REFUNDS, DIRECT DAMAGES, COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL HUDDLETRIP, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISED AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY, OR OTHERWISE) OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF HUDDLETRIP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO HUDDLETRIP'S MAKING THE WEBSITE AND THE MATERIALS AVAILABLE TO YOU AND IN DETERMINING THE PRICING THEREOF.
HUDDLETRIP SHALL NOT BE LIABLE FOR OR IN RESPECT OF ANY BREACH OF THIS AGREEMENT OR ANY OTHER DAMAGE SUFFERED BY YOU DUE TO FORCES BEYOND THE REASONABLE CONTROL OF HUDDLETRIP AND/OR ITS VENDORS OR OTHER ASSOCIATED PARTIES.
HUDDLETRIP IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO THE FOLLOWING:
(A) SYSTEM FAILURES, SYSTEM PROBLEMS, AND/OR TECHNICAL DIFFICULTIES;
(B) INJURIES OR ILLNESS RESULTING FROM THIRD PARTY PARTICIPANTS, THE GROUP LEADER, AND/OR OTHER EVENT PARTICIPANTS DURING THE COURSE OF A GROUP EVENT; OR
(C) BILLING ISSUES WITH RESPECT TO THIRD PARTY PARTICIPANTS;
11. Automated Website Usage
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the Website's servers in a given period of time than a human would produce in the same period by using a conventional web browser. Huddletrip allows the operators of a bona fide public search engine to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. Huddletrip reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
12. Compliance With Laws
You may not access, download, use or export the Website or Materials in violation of applicable laws or regulations.
13. Third-Party Links
The Website may contain links to websites controlled by parties other than Huddletrip ("Third-Party Websites"). Huddletrip is not responsible for the availability of, contents on, charges incurred on, or your other use of, Third-Party Websites. Huddletrip provides links to Third-Party Websites solely as a convenience to its members, and the inclusion of any link does not imply endorsement by Huddletrip of a Third-Party Website. You bear all risks associated with Third-Party Websites, and Huddletrip is not responsible for any claim, loss, or damage relating to or arising out of any Third-Party Website or your use thereof.
You agree to defend, indemnify and hold harmless Huddletrip, its officers, directors, shareholders, employees and agents from and against any and all third-party claims, and all liabilities, damages, losses or expenses arising out of or relating to such claims, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your breach of these Terms; or (b) your access to or use of the Website and the Materials.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any rights hereunder shall be deemed to waive any other rights, nor any waiver of the same rights in any different future context. No failure to enforce any rights hereunder shall be deemed a waiver thereof.
If you have any questions or concerns about these Terms or if you need further assistance with the use of Huddletrip.com or the services offered by Huddletrip, you may contact our Trip Coaches as indicated below.
Huddletrip Tours LLC
P.O. Box 3908
Tupelo, MS 38803
For a prompt response to your questions or concerns, please email us at: email@example.com
Last Revised January 4, 2012