Please Read These Terms and Conditions Carefully Before Using This Site Welcome to TripSee. The following terms and conditions (the “Terms of Use”) are a legal agreement between You, the user (“You”) and TierItUp, Inc. (“TripSee” or “we”) that govern Your use of and access to the www.tripsee.travel website (the “Site”) and all materials, information, products and services available on the Site (collectively, the “Service”); provided, however, that if you are, or your employer is, a subscriber to the TripSee subscription service (the “Subscription Service”), then your access and use of the Subscription Service will be governed by the terms and conditions set forth in a separate agreement between You and TripSee, as set forth in Section 2 below. By using the Service, You acknowledge that You have read, understand and agreed to be bound by these Terms of Use and our Privacy Policy. If You do not agree to these Terms of Use and our Privacy Policy, do not use the Service. AS FURTHER DESCRIBED BELOW, THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. [We note that someone can test the Service without clicking-to- agree to the terms. This exposes you to a lot of liability arising out of the test messages, as a user will have a strong argument there is no contract if they did not click-to- accept.]
a. License. Subject to these Terms of Use, TripSee grants to You a limited, nonexclusive, personal right to access and use the Service. Except as stated herein, the materials or information on the Service may not be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TripSee. Any unauthorized use of any material or information contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, You may copy, distribute and download the materials and information on the Service for personal, noncommercial use, provided You do not modify, create derivative works of, or attempt to derive the source code of the Service and that You retain all copyright and other proprietary notices contained in the Service. This permission terminates automatically if You breach any provision contained in these Terms of Use. Upon termination, You must immediately destroy any downloaded and printed materials and information. Except as otherwise provided on the Service, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Service and in all materials and information contained on the Service belong exclusively to TripSee and/or its licensors. b. Restrictions. You agree not to: (a) take any action that imposes an unreasonable load on the Service’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service; (d) delete or alter any material TripSee or any other person or entity posts on the Service; (e) frame or link to any of the materials or information available on the Service; (f) alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; (g) use any trademarks, service marks, design marks, logos, photographs, or other content belonging to TripSee or obtained from the Service; (h) access, tamper with, or use non-public areas of the Service, TripSee’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of TripSee’s providers; (i) harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including TripSee employees; (k) provide any false personal information to TripSee; (l) create a false identity or impersonate another person or entity in any way; (m) create a new account with TripSee, without TripSee’s express written consent, if TripSee has previously disabled an account of Yours; (n) solicit, or attempt to solicit, personal information from other users of the Service; (o) restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service; (p) use the Service to send emails or other communications to persons who have requested that You not send them communications; (q) use the Service, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (r) gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service; (s) post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (t) interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers; (u) violate any applicable federal, state, or local laws or regulations or the terms of these Terms of Use; or (v) assist or permit any persons in engaging in any of the activities described above.
Any use of TripSee’s proprietary Trip Planning or Concierge platform, software, phone numbers and/or devices (collectively, “TripSee Materials”) that You subscribe to, access and/or use is subject to the terms and conditions of the TripSee SaaS Agreement (the “SaaS Agreement”). By subscribing to, accessing or using the TripSee Materials, You indicate that You have read, understood and agree to the terms of the SaaS Agreement. In the event there is a conflict between these Terms of Use and the terms and conditions provided in the SaaS Agreement, the terms of the SaaS Agreement shall govern with respect to such conflict. All rights, title, and interests in and to the TripSee Materials not expressly granted are reserved by TripSee.
By uploading, emailing, posting, publishing, transmitting or submitting any ideas, content or information (collectively (and excluding, for the avoidance of doubt, text messages sent using the Subscription Service, including on a free-trial basis, “Content”) on or through the Service, You automatically grant TripSee a perpetual, royalty-free, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, transmit, publicly perform, publicly display and distribute such Content on or in any form, medium, or technology now known or later developed, but solely for the purpose of providing you with the Service. You are solely responsible for Your Content and the consequences of posting or publishing Content. By posting or publishing Content, You affirm, represent, and warrant that: (i) You have the necessary licenses, rights, consents, and permissions to authorize TripSee and users of the Service to use and distribute Your Content as necessary to exercise the licenses granted by You in this section, in the manner contemplated by TripSee, the Service, and these Terms of Use; and (ii) Your Content, and the use of Your Content as contemplated by these Terms of Use, does not and will not: (a) infringe, violate, or misappropriate any third-party right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause TripSee to violate any law or regulation. You will not upload, email, post, publish or otherwise transmit through the Service any Content that (1) is false or misleading, (2) is threatening, harassing or promotes bigotry, racism, hatred or harm against any group or individual; (3) is scandalous, obscene, profane or pornographic; (4) infringes another’s rights, including but not limited to intellectual property rights or (5) constitutes unsolicited e-mail, “junk mail,” “spam”, solicitations, promotions, advertisements or chain letters. In addition, You warrant that all moral rights in the Content have been waived. All Content will be treated by TripSee as non-confidential and non-proprietary. Notwithstanding the foregoing, all personal data provided to or captured by TripSee online will be handled in accordance with TripSee’s Privacy Policy.
The Service may provide links to third party websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Service. You agree that TripSee is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before You use them. You agree that TripSee is not responsible for third party content accessible through the Service, including opinions, advice, statements, and advertisements, and understand that You bear all risks associated with the use of such content. If You choose to purchase any products or services from a third party, Your relationship is directly with the third party. You agree that TripSee is not responsible for: (a) the quality of third party products or services; and/or (b) fulfilling any of the terms of Your agreements with the sellers, including delivery of products or services and warranty obligations related to purchased products or services. You further agree that TripSee is not responsible for any loss or damage of any sort You may incur from dealing with any third party.
TripSee’s Privacy Policy will apply to Your use of the Service. The terms of TripSee’s Privacy Policy are made a part of these Terms of Use; please review TripSee’s Privacy Policy and related information about Your privacy and TripSee’s use of Your information. You acknowledge and agree that You are responsible at all times for maintaining the confidentiality and protection of Your account and password information if such information is applicable to Your use of the Service.
a. Age Requirement. In order to use the Service, You must be in a country in which TripSee is legally authorized to operate the Service and be at least 13 years of age. You represent that (i) You have read and understood, and that You agree to be bound by, these Terms of Use, and (ii) You are at least 13 years of age. If You do not agree to, or cannot comply with, these Terms of Use please do not check the acceptance box and do not attempt to access any of the Service. If You are using the Service on behalf of an entity, organization or company (“Company”), then You represent and warrant that You have the authority to bind the Company to these Terms of Use and agree to be bound by these Terms of Use. b. Receiving Messages. By agreeing to these Terms of Use or requesting a text message from us, You agree that we and those acting on our behalf may send You text (SMS) messages (including texts sent using an autodialer) from us at the phone number You provided us, even if that number is on a National or State Do Not Call List. These messages may include the information you requested and operational messages related to Your use of the Service, as well as marketing or other promotional messages. You may opt out by sending an email with your cellphone number and the subject line “Opt-Out” to support@tripsee.travel. You may continue to receive text messages for a short period while we process Your request, and You may also receive text messages confirming the receipt of Your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase or service offered by us. If You change or deactivate the phone number You provided to us, You must update Your account information to help prevent us from inadvertently communicating with anyone who acquires Your old number. Standard telephone minute charges applied by Your cell phone carrier may apply. We may, without further notice or warning and in our discretion, monitor or record telephone conversations and text message communications that we have with You or anyone acting on Your behalf for quality control and training purposes or to protect our rights. You agree that we may send You emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. [Note to TripSee: We included this language to help cover potential marketing text message from you. However, it likely does not reduce TCPA-related risk substantially. To send marketing text messages in compliance with the TCPA, a user needs to affirmatively agree to them after seeing appropriate disclosures and entering the number to which they wish to receive text messages.
In addition to the restrictions set forth in these Terms of Use, the Service is provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by any federal, state or local government or authority is subject to further restrictions as set forth in applicable laws and regulations. Use of the Service by such government or authority constitutes acknowledgment of TripSee’s proprietary rights in them.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, AND THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SERVICE, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIPSEE , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “TRIPSEE PARTIES”) HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TRIPSEE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE TRIPSEE PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIPSEE PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO TRIPSEE PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIPSEE, OR ITS AFFILIATES, DISTRIBUTORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR COVER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), OR ANY OTHER SIMILAR DAMAGES OR LOSS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION AND MATERIALS ON THE SERVICE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF TRIPSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRIPSEE’S MAXIMUM LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THE SERVICE WILL BE $50.
To the fullest extent permitted by law, You will hold TripSee harmless from any and all claims, demands, and expenses, including attorney’s fees, arising from Your use of the Service and any information, materials, services, or products available through the Service in a manner not authorized by these Terms of Use.
None of the materials or technology available on the Service may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals.
These Terms of Use are effective beginning when You access the Service. You agree that TRIPSEE may, in its sole discretion, at any time terminate Your access to the Service and any account(s) You may have in connection with the Service. Access to the Service may be monitored by TRIPSEE. You may discontinue use of the Service at any time. Upon termination of these Terms of Use: (i) Your license rights will terminate and You must immediately cease all use of the Service; (ii) You will no longer have access to Your account (if any); and (iii) Sections 1.b, 3, 5, 6. b, and 7 – 19 will survive. TRIPSEE reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service.
TripSee reserves the right, at its sole discretion, to modify the Terms of Use in whole or in part, at any time; provided that TripSee will endeavor to provide You with prior notice of any material changes to the Terms of Use. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Service after any changes to the Terms of Use are posted will mean You accept those changes. TripSee may terminate, change, suspend, or discontinue any aspect of the Service, including the availability of any features of the Service, at any time. TripSee may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability.
We respect the intellectual property of others, and we ask You to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others. TripSee’s intellectual property policy is to (i) remove or disable access to material that TripSee believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service, and (ii) remove any Content uploaded to the Service by “repeat infringers.” TripSee considers a “repeat infringer” to be any user that has uploaded Content to or through the Service and for whom TripSee has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such Content. TripSee has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon TripSee’s own determination. If You believe that Your work or content has been copied in a way that constitutes copyright infringement, please contact us at support@tripsee.travel and provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; (ii) identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works; (iii) identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TripSee to locate the material; (iv) information reasonably sufficient to permit TripSee to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; (v) a statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our agent for notice of claims of copyright infringement on this Service can be reached using the contact information above.
a. Generally. In the interest of resolving disputes between You and TripSee in the most expedient and cost effective manner, You and TripSee agree that any dispute arising out of or in any way related to these Terms of Use or Your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Use or Your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND TRIPSEE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. b. Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim. c. Arbitrator. Any arbitration between You and TripSee will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800- 778-7879, or by contacting TripSee. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by electronic mail (“Notice”). TripSee’s address for Notice is: support@tripsee.travel. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, You or TripSee may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or TripSee must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in Your favor with a monetary award that exceeds the last written settlement amount offered by TripSee prior to selection of an arbitrator, TripSee will pay You the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by TripSee in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000. e. Fees. If You commence arbitration in accordance with these Terms of Use, then TripSee will reimburse You for Your payment of the filing fee, unless Your claim is for more than $1,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Nevada, but if the claim is for $1,000 or less, You may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of Your billing address. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, You agree to reimburse TripSee for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. f. No Class Actions. YOU AND TRIPSEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and TripSee agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. g. Modifications to this Arbitration Provision. If TripSee makes any future change to this arbitration provision, other than a change to TripSee’s address for Notice, You may reject the change by sending us written notice within 30 days of the change to TripSee’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes You rejected, will continue to govern any disputes between You and TripSee. h. Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Dispute Resolution Section is found to be unenforceable, then the entirety of this Dispute Resolution Section will be null.
This Service is controlled, operated and administered by TripSee from its offices within the United States of America. TripSee makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If You access this Service from a location outside of the United States, You are responsible for compliance with all local laws. Use of this Service or any information or materials made available by TripSee through this Service is governed by the laws of the State of Nevada, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. For any dispute not subject to the Dispute Resolution Section above, You hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in San Diego County, California. You agree to waive all defenses of lack of personal jurisdiction and forum non- convenience and agree that process may be served in a manner authorized by applicable law or court rule. Any rights not expressly granted herein are reserved. To the fullest extent permitted by law, any cause of action You may have with respect to Your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
TripSee and the TripSee logo are trademarks of TierItUp Inc. Other trademarks and trade names may be used in this document to refer to either the entities claiming the marks and names or their products. TripSee disclaims any proprietary interest in the marks and names of others.
If You have any questions or concerns about these Terms or Use or the Service, please send us a thorough description by email to support@tripsee.travel.
Except as expressly set forth in these Terms of Use, these Terms of Use (together with the Privacy Policy, if applicable) constitute the entire agreement between TripSee and You with respect to Your use of the Service. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Terms of Use shall continue in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between You and TripSee as a result of these Terms of Use or use of the Service. You further acknowledge that by submitting Content, no confidential, fiduciary, contractually implied or other relationship is created between You and TripSee other than pursuant to these Terms of Use. TripSee’s failure to act on or enforce any provision of these Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver will be effective against TripSee unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
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ALL RIGHTS RESERVED.
Welcome to www.tripsee.travel provided by TierItUp, Inc., doing business as TripSee (“TripSee”). TripSee provides this Privacy Policy (“Privacy Policy”) to inform you about how TripSee collects, uses and discloses information it obtains through the online services and properties owned or controlled by TripSee, including TripSee’s proprietary enterprise trip planner, concierge platforms (collectively, the “Service”). All other terms not defined herein will have the meanings set forth in the TripSee’s Terms of Use (the “Terms of Use). If you are a TripSee customer who has entered the SaaS Agreement with TripSee, then you are a “Customer.” If you are an individual with whom a Customer communicates using the Service, then you are a “Consumer.” This Privacy Policy is incorporated by reference into the Terms of Use. After reviewing the Privacy Policy, if you have any further questions, please contact TripSee at support@tripsee.travel
Before you review this Privacy Policy, we recommend that you become familiar with the following concepts and terms so that you can best understand how TripSee uses your data to provide the Service. Ad Tags: Ad Tags are pieces of code that allow the delivery of online advertisements in the dedicated ad spaces on websites and in online applications. Advertisers’ Ad Tags may transmit certain anonymous information about the web site, section of the site and size of the ad. Cookies: Cookies are small text files that web servers typically send to users’ computer when they visit a website. Cookies can be read or edited when the user loads a website or advertisement from the domain that wrote the cookie in the first place. Cookies are used by companies to collect and send information about a user’s website visit – for example, number of visits, average time spent, pages viewed, navigation history through the website, and other statistics. This information can be used to improve a user’s online experience by saving passwords, or allowing companies to track and improve website loading times, for instance. Cookies can also be used to track a user’s browsing or online purchasing habits and to target advertisements to specific users. Cookies cannot be used to access any other data on a user’s hard drive, to personally identify them, or to act like malware or a virus. Users who prefer not to accept cookies can set their Internet browser to notify them when they receive a cookie or to prevent cookies from being placed on their hard drive. You can read more about cookies at http://www.allaboutcookies.org/cookies/. Web Beacons & Pixels: A web beacon consists of a small string of code that represents a graphic image request on a web page, a page in an online application, or in an email. A graphic image can be associated with the web beacon, but is not required. When an image is present, usually the image is designed to blend into the background of the web page, application, or email in which it appears. Often a beacon will be placed by an online data collecting company without an image, so it is invisible to the user, and in the smallest discrete space possible on the screen. This is a “pixel” and is essentially an invisible web beacon. Pixels and web beacons can be used for site traffic reporting, unique visitor counts, advertising auditing and reporting, personalization, and other uses. They do this typically by writing or editing cookies on each user’s computer. Therefore, like cookies, they cannot be used to key log, copy personal files from your computer, or replicate like a virus. Most pixels and web beacons, including those used by TripSee, collect only anonymous data.
Registration. If you are a Customer, then we will collect the information you provide when you register with the Service. We may also receive information about a Customer from Consumers who use the Service to communicate with the Customer. Consumer Information. If you are a Consumer, then we will collect information that you provide Customers (as facilitated by the Service), such as your name, email address and phone number. We will also collect your Service messaging history with our Customers, and any information included in your messages with Customers that flow through the Service. We may also receive information about Consumers from our Customers. Customer Support. We may collect information about you through your communications with our customer-support team. Location Information. We collect and store your location information if you enable your mobile device to send it to us, such as by use of geolocation features in the device(s) through which you access the Service, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet). We use location information to provide you with features, notifications, advertising, or other content that is influenced by your location. Making Payments. If you are a Customer, our service providers will collect and process your payment information. We do not collect or store any payment card information, though we may receive information about completed transactions that does not include credit card or bank account numbers.
We use the information we collect from the Service mainly as follows: (i) to provide, maintain, protect and improve the Service (including data analytics), to develop new ones, and to protect TripSee and our users; (ii) to respond to your submissions, questions, comments, requests and complaints and provide customer service; (iii) as part of our efforts to keep the Service and integrations safe and secure; (iv) to protect TripSee’s rights or property; (v) for internal operations, including troubleshooting, data analysis, testing, research, customization, and improvements to service and experience on the Service; (vi) to send you confirmations, updates, security alerts, and support and administrative messages; and (vii) for any other purpose for which the information was collected. We may use information to provide online advertising on the Service and to send you information we think may be useful or relevant to you. You may opt out of email marketing by using the unsubscribe link in a marketing email. We may anonymize and aggregate data collected through the Service and use it for any purpose.
TripSee may share your information: (i) where your consent is obtained, such as when you choose to opt-in or opt-out of the sharing of data; (ii) with vendors and service providers retained in connection with provision of the Service, including for data analytics purposes (iii) to comply with law enforcement requests and legal process (such as a court order or subpoena) legal action or law enforcement; (iv) to enforce or apply this Privacy Policy, our Terms of Use or our other policies or agreements; (v) respond to your requests; (vi) protect TripSee’s, your, or others’ legal rights and/or property; or (vii) if TripSee is involved in a merger, acquisition or asset sale, in which case the use of your information will be governed by the provisions of the Privacy Policy in effect at the time TripSee collected such information. One of the service providers that we use for data analytics is Google Analytics. If you do not want Google Analytics to collect and use information about your use of the Service, then you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/). Depending on your account settings, some of the information you enter while registering may be displayed on the Service. If you are a Consumer, then we may share information about you with a Customer that you interact with via the Service, such as your messaging history with that Customer. We do not rent, sell, or share personal information about you that we collect on the Service with other people or unaffiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to data collected by the Service to enable the delivery of online advertising to you and others on the Service and on other websites and online services, or to send you information we think may be useful or relevant to you. We will not share Consumer information between Customer unless where your consent is obtained. We may share anonymized and aggregated information with third parties. 6. COOKIES AND RELATED TECHNOLOGIES The Service uses cookies and other automatic data collection methods to enhance your user experience — to remember your personal settings, for instance. When you visit the Service, we and our third-party service providers, such as ad networks and analytics providers, receive and record information on server logs from your browser, including your IP address, and from Cookies and similar technology. Our service providers may collect information about your online activities over time and across different online services, if those online services also use the same service providers. You may be able to change browser settings to block and delete cookies when you access the Site through a web browser. However, if you do that, then the Service may not work properly. By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
The Service uses cookies and other automatic data collection methods to enhance your user experience — to remember your personal settings, for instance. When you visit the Service, we and our third-party service providers, such as ad networks and analytics providers, receive and record information on server logs from your browser, including your IP address, and from Cookies and similar technology. Our service providers may collect information about your online activities over time and across different online services, if those online services also use the same service providers. You may be able to change browser settings to block and delete cookies when you access the Site through a web browser. However, if you do that, then the Service may not work properly. By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
TripSee is conscious of the importance of your data to you and conscientious about protecting that data from loss, theft, or misuse. We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.
Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our website does not currently respond to such signals. By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at support@tripsee.travel.
The Service is not intended for persons under 13 years of age, and is not intentionally developed for or directed to children. We do not knowingly solicit or collect any information from children under the age of 13, nor do we knowingly market our products or services to children under the age of 13. If we learn that we have collected information of a child under 13, we will take steps to delete such information from our files as soon as possible and, if applicable, terminate that child’s account.
Account Information. Through your account settings, you can update some of your personal information, such as your name and email address. You can also contact us at support@tripsee.travel to update your information. Location Information. You can prevent us from collecting location information from your device by changing the settings on your device; however, if you do not provide us with location information you may not be able to fully use the Service. Opt-out. You can unsubscribe from promotional emails from us via the unsubscribe link provided in the email. Even if you opt out from receiving promotional email messages from us, you will continue to receive administrative messages from us. If you are receiving texts sent via the Service and you wish to opt out, reply STOP to any such message, or send an email with your cellphone number and the subject line “Opt-Out” to support@tripsee.travel.
If you visit the Service from the European Union or other regions with laws governing data collection and use, then please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information to the Service, you consent to any transfer and processing in accordance with this Policy.
Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and update the “Effective Date” above. If you are concerned about how your information is used, then bookmark this page and read this Privacy Policy periodically. Your continued use of the Service after changes to the Privacy Policy constitutes your acceptance of the new terms of the Privacy Policy.
New Uses of Information. From time-to-time, we may desire to use information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, then we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.
Should you have any questions in regards to this Privacy Policy, please contact our representatives at the following email and they will be more than happy to clarify and assist you in any way possible: support@tripsee.travel.
Your use of our website(s), including any dispute concerning privacy, is subject to this privacy statement and the accompanying Terms of Use Agreement. BY USING OUR WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY STATEMENT AND THE TERMS OF USE AGREEMENT. If we decide to change our privacy policy, we will post those changes to this privacy statement page and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by other means, such as email, at our discretion. Your continued use of any portion of the site following posting of the updated privacy statement will constitute your acceptance of the changes.
Effective Date
This privacy statement was last revised on January 1, 2018.