Terms of Service
Effective Date: May 12, 2016
These Terms of Service (“Terms”) govern your use of Travel Aid International’s (“TAI”) services, including, but not limited to our website, www.travelersaid.org, and our travelers support services (collectively, the “Services”). Please read these Terms carefully. They set forth legally binding terms that govern and restrict your use of the Services. YOUR AFFIRMATIVE ACT OF USING THE SERVICES SIGNIFIES THAT YOU AGREE TO THE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES.
The material that is provided in connection with our Services is for informational and educational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on or in connection with the Services, you should confirm any facts that are important to your decision. TAI and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Services.
Furthermore, TAI is not an emergency responder, nor is it equipped to respond in emergency situations. If you are facing an emergency, please dial 911. TAI endeavors to help as many users as possible, but limitations presented by staffing, financial resources, and other considerations, may prevent TAI from responding to all requests for assistance that it receives on its website or through other channels.
By using the Services, you acknowledge that the Services are provided to you on an AS IS and AS AVAILABLE basis. The material that is provided in connection with our Services is for informational and educational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found from using our Services, you should confirm any facts that are important to your decision. TAI makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information provided in connection with the Services.
TAI is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties. Information provided in connection with the Services may contain links to, or information about, third party websites or service providers. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these entities. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites or via such third party entities.
Changes to the Terms
We may change these Terms from time to time. If we make any material changes to the Terms, we will notify you by updating the “Effective Date” listed above. We may also send you an email notifying you of the changes and/or post a notice of the change on our homepage. By continuing to use the Services after we post any such changes, you accept these Terms as modified. We may change, restrict access to, suspend, or discontinue the Services, or any portion of the Services, at any time.
Intellectual Property Ownership
TAI’s website and other materials made available in connection with TAI’s Services may contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, data, text, software, photos, video and graphics (“Content”). This Content is subject to copyrights owned by TAI and other individuals or entities and is protected by United States and international copyright laws.
Additionally, the names, trademarks, service marks, and logos of TAI belong exclusively to TAI and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this website confers on you any license or right under any patent or trademark of TAI or any third party.
Use of TAI’s Content
You may use TAI’s Services and the content provided on our website for PERSONAL purposes only. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of our website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws. If you violate these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Communications from TAI
By using the Services and/or registering for an account on our website, you consent to receiving electronic communications from TAI. These communications may involve sending emails to the email address you provide to us during registration, including notices about your account, your use of the Services, or transactional information. These communications are part of your relationship with TAI. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters, information about TAI or/or our Services or those of our partners, via email or other methods. To unsubscribe from mailings, please send an e-mail to email@example.com, to unsubscribe from any updates.
Use of the Services
You may use the Services for lawful purposes only. By using the Services, you agree not to submit, post, or transmit any material or otherwise engage in any conduct that:
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, misleading, invasive of another’s privacy, or tortious, or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity, race, ethnicity, age, or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Services;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Permits any person to access, using your account, any features of the Services that may require registration; or
- Violates the Terms, any other policy posted on the Services, or otherwise interferes with the use of the Services by others (in our sole discretion).
In order to use some features of this Web site, users must be members of TAI or board members of TAI. Each member organization and board member has been assigned a user ID and password. Any employee of a member organization or board member can use their login credentials to access the Members Only Dashboard. If an employee wants to access this restricted area, but does not have their organization’s credentials, that employee may contact firstname.lastname@example.org. You should consider the user ID and password as confidential information. Anyone with knowledge of both the user ID and password can gain access to the restricted portions of the Services. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user ID and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user ID or password at any time and for any reason.
We may terminate or restrict your use of the Services, without notice, compensation, or liability, if you are, or we suspect that you are, in violation of these Terms or otherwise engaged in illegal or improper use of the Services.
Warranties and Limitations of Liability
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SERVICES OR ANY MATERIAL AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICES.
THE SERVICES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. TAI AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICES, NOR DO THEY GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL TAI OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TAI AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF TAI AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO TAI, FOR THE USE OF THE SERVICES.
Dispute Resolution and Class Action Waiver
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Services, other than disputes related to or involving TAI’s intellectual property, you and TAI mutually agree to the following dispute resolution procedure:
- The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
- If the parties are unable to resolve the dispute through informal negotiation, you and TAI agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the Washington, D.C., area, unless the parties mutually agree in writing to an alternate location. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SERVICES, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, TAI will pay all filing, JAMS, and arbitrator’s fees and expenses.
- ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
Choice of Law
These Terms have been made in and shall be construed in accordance with the laws of the state of Maryland, without giving effect to any conflict of law principles.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Choice of Forum
By using the Services, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in the state of Maryland.
You agree to indemnify, defend and hold harmless TAI, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
In the event of any corporate reorganization, or that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via our Services pursuant to any such transfer.
In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.
For questions about these Terms, the Services, or TAI, you may contact us at:
Travelers Aid International
5000 Sunnyside Avenue, Suite 103
Beltsville, MD 20705