TRIPMULE TERMS OF SERVICE

Last Updated: November 1, 2014

TRIPMULE TERMS OF SERVICE FOR TRAVEL CONSUMERS


IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. The following terms and conditions or Terms of Service ( all of which are referred to herein as the "Terms") apply to the use of our website, TripMule.com , Mobile site or app ("Website") including the Trip Request services offered on the Website (the "Services"). By accessing and using this Website, you agree to be bound by each of the terms and conditions /terms of service ("Terms") set forth herein and to use the Website in accordance with these Terms, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Website, or to products and services made available to you through the Website (all of which are deemed part of these Terms of Service). Accessing the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Website or Services.


The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Website or using the Services for any reason. The terms we , TripMule and Website are used interchangeably herein .

We reserve the right to change these Terms of Service or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. If we make a material change to the Terms of Service, we will not enforce the material change retroactively (i.e., to use of the Website occurring before the change) unless we notify you by posting a prominent notice of the change on the home or landing page of the Website or otherwise notify you of the changes so you may elect whether to accept the changes by continuing to use the Site, or terminate your account. By continuing to use the Website after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified.

We also reserve the right to deny access to the Website or any features of the Website to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

TRIP REQUEST SERVICE

You must be at least 18 year of age to utilize the services of our Site, including making a Trip Request, as defined here. If you submit your contact information and trip details through the Website (a "Trip Request"), TripMule will pass your Trip Request to a matched selection of Travel Agents (as defined below); except that if one of the Travel Agents is unable to service your itinerary, TripMule may submit your Trip Request to additional Travel Agents until such time as you have been connected with Travel Agents that may service your Trip Request.

By submitting your Trip Request, you authorize TripMule to pass your Trip Request to Travel Agents and you are expressly inviting Travel Agents to contact you via the Tripmule Dashboard Messaging System. By submitting a Trip Request, you furthermore authorize TripMule to follow up with you with respect to a Trip Request submitted by you and to contact you regarding any future TripMule promotions or services.

There is no charge to you for submitting a Trip Request. TripMule is paid a fee by participating Travel Agents for passing on your Trip Request and by submitting a Trip Request you hereby agree to this.

For the purposes of these terms, a "Travel Agent" is any person or entity who acts as an agent or a supplier of, sells or offers for sale any travel, transportation or vacation related services or arrangements.

WHAT TRIPMULE DOES NOT DO

TRIPMULE IS NOT A TRAVEL AGENT. TripMule does not endorse or recommend the products or services of any particular Travel Agent. Your interactions with Travel Agents or persons or entities arising out of any dealings from a Travel Agent, this Website or Services ("Other Parties"), including engagement of services, payment and delivery of services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Travel Agents or Other Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any Travel Agent or Other Party.

TripMule does not pre-screen Travel Agents. The Trip Request service relies on statements made by Travel Agents to determine which Travel Agents to include in its database.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website and Services, you agree that you will not use the Website or Services for any purpose that is unlawful or that is prohibited by these Terms. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services (or the network(s) connected to the Website or Services) or interfere with any other party's use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to the Website or Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.

LIMITATIONS ON SERVICE

TripMule has the right to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend, or terminate your access to all or any part of the Website or Services
  2. Change, suspend, or discontinue all or any part of the Website or Services
  3. Refuse, move, or remove any material that you submit to the Website or Services for any reason
  4. Refuse, move, or remove any content that is available on the Website or Services
  5. Deactivate or delete your account(s) and all related information and files in your account
  6. Establish general practices and limits concerning use of the Website or Services.

You agree that TripMule will not be liable to you or any third party for taking any of these actions.

RIGHTS AND RESTRICTIONS RELATING TO WEBSITE CONTENT

Your Limited Right to Use Website Materials. This Website and all the materials available on the Website are the property of TripMule and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Website is provided solely for your personal noncommercial use. You may not use the Website or the materials available on the Website in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Website, please contact us.

Our Right to Use Materials You Submit or Post.

When you submit or post any material via the Website, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Website, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

USERNAME AND PASSWORD

To use certain features of our Website you will need a username and password to create an account. TripMule reserves the right to reject or terminate the use of any username that is deemed offensive or inappropriate. In addition, TripMule also reserves the right to terminate the use of any username or account, or to deny access to the Website or any features of the Website, to anyone who violates these Terms of Service or who, in our sole judgement, interferes with the ability of others to enjoy our website or infringes the rights of others. If you register with TripMule, TripMule will allow you to have an individual password selected by you, which will allow TripMule to establish a user account and process your trip request(s). You are responsible for keeping your password confidential and you are fully responsible for all activities that occur with the use of your password or account. You agree that you will not share your password with anyone else and if you discover any unauthorized use you will immediately inform TripMule of such use. TripMule cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

RESPONSIBILITY FOR USER PROVIDED CONTENT

From time to time you may post or otherwise make available certain postings including Travel Agent feedback, reviews, ratings and testimonials (collectively, the "User Postings") on the Website or in response to TripMule generated emails. You understand that the posting or otherwise making available of such User Postings is the sole responsibility of the person or entity from whom such User Posting originated. You agree that you are entirely responsible for each individual item of User Posting that you post or otherwise make available via the Website and you shall not post or otherwise make available postings that are (i) unlawful, harmful, deceptive, threatening, abusive, harassing, defamatory or invasive of another's privacy, or (ii) harasses, degrades, intimidates or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

You understand that TripMule does not control, and is not responsible for User Postings made available through the Website, and that by using the Website or Services, you may be exposed to User Postings that are defamatory, offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.
You agree that you must evaluate, and bear all risks associated with the use of any User Postings, that you may not rely on said User Postings, and that under no circumstances will TripMule be liable in any way for any User Postings or for any loss or damage of any kind incurred as a result of the use of any User Postings posted or otherwise made available via the Website or TripMule generated emails.
We may, although we are not obligated to, monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which you can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates our Terms of Service (including the Responsibility for User-Provided content) or is otherwise unacceptable or inappropriate, whether for legal or other reasons. We reserve the right to deny access to the Site or any features of the Site to anyone who violates our Terms of Service (including the Responsibility for User-Provided content or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.M.div>

PROTECTING OTHER PEOPLE'S RIGHTS

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on TripMule that infringes or violates someone else's intellectual property rights or otherwise violates the law
  2. We can remove any content or information you post on TripMule if we believe that it violates our Terms of Service
  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate
If you notice any intellectual property infringement on TripMule please bring it to our attention by writing to us at info@tripmule.com .

LINKS

TripMule grants you a non-exclusive, non-transferable, limited and revocable license to access the Website and, if you register, the Services for the purpose of making legitimate connections with Travel Agents and for no other purpose. TripMule reserves and retains all rights, including without limitation all intellectual property rights, in the Website and Services not expressly granted in the aforesaid paragraph.

All content that is made available in connection with the Website and Services is protected under copyright laws and international conventions and is owned by TripMule; provided that TripMule does not claim ownership of User Feedback that its users post.
Any reproduction, modification, creation of derivative works from or redistribution of any portion of the Website or Services to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TripMule. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or Services.
You grant, and you represent and warrant that you have the right to grant, to TripMule an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute your User Feedback and to prepare derivative works of, or incorporate into other works, your User Feedback, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
All trademarks, logos, and service marks (collectively the "Marks") used in the Website and Services are the property of TripMule or their respective owners. Your access to the Website and Services should not be construed as the granting, by implication or otherwise, any license or right to use any marks or any other proprietary rights without the prior written consent of TripMule or the third party owner thereof, as shall be relevant.

INTELLECTUAL PROPERTY RIGHTS

The Website and Services may contain images of and/or links to third party web sites, whether in the form of advertising or otherwise ("Linked Websites"). The Linked Websites are not under the control of TripMule and TripMule is not responsible for the contents of any Linked Website. TripMule is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TripMule of the site or any association with its operators.

LIMITATION ON USE OF COMPANY DIRECTORIES

The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.

MODIFICATIONS TO, OR DISCONTINUATION OF, THE SITE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any portion thereof.

DISCLAIMER OF WARRANTIES

TRIPMULE IS NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND ANY TRAVEL AGENTS OR ANY OTHER PARTIES ARISING OUT OF YOUR USE OF THIS WEBSITE OR SERVICES.
THE INFORMATION, USER POSTINGS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR TRIPMULE GENERATED EMAILS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TRIPMULE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRIPMULE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TRIPMULE ACCEPTS NO LIABILITY IF IT IS UNABLE TO PERFORM A SERVICE AS A RESULT OF (I) A TECHNICAL PROBLEM WHICH IS NOT IN ITS CONTROL OR FOR WHICH IT IS NOT RESPONSIBLE FOR, OR (II) THE NON OR PARTIAL PERFORMANCE OF ANOTHER PARTY UPON WHICH IT IS DEPENDENT TO PERFORM A SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TRIPMULE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED WITH THE USE OF THE WEBSITE, TRIP REQUEST OR SERVICES (INCLUDING, WITHOUT LIMIATION, SERVICES PROVIDED BY TRAVEL AGENTS OR OTHER PARTIES), WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, USER CONTENT, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.

IF THERE IS A DISPUTE BETWEEN YOU AND ANY TRAVEL AGENT OR OTHER PARTY ARISING OUT OF OR RELATED TO THE TRIP REQUEST AND/OR THE SERVICES, YOU UNDERSTAND AND AGREE THAT TRIPMULE IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE SUCH A DISPUTE, YOU HEREBY RELEASE TRIPMULE, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.

INDEMNIFICATION

You shall indemnify and hold harmless TripMule, our affiliates and each of our officers, directors, managers, agents, employees, shareholders, representatives, licensors, successors and assigns from and against any and all liability, damage, loss or expense arising from any claim, demand, action or proceeding based upon or arising out of or related to the Website, Trip Request or Services (including without limitation any services provided by a Travel Agent or Other Party), or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.

VIOLATION OF TERMS

Please report any violations of these Terms of which you become aware by flagging the posting(s) for review, or by emailing to info@TripMule.com. TripMule's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

SUSPENSION AND TERMINATION OF ACCESS

You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.

PRIVACY PROTECTION

TripMule's collection and use of information about you is subject to our Privacy Policy, which may be accessed by clicking here. These terms include and fully incorporate our Privacy Notice.

CHANGES TO THE WEBSITE

You acknowledge that TripMule retains the right to add, delete, modify, discontinue, or to make any change whatsoever in the Website and Services, or any aspect or feature therof, as TripMule in its sole discretion deems appropriate.

MODIFICATION OF TERMS OF USE

TripMule reserves the right to change these Terms at any time. Updated versions of the Terms will appear on this Website or Services and shall be effective immediately. You are responsible for regularly reviewing these Terms. Continued use of the Website or Services after any such change constitutes your consent to such changes.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TripMule as a result of these Terms or use of the Website or Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. These Terms constitute the entire agreement between you and TripMule with respect to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals between you and TripMule.