Tripcents - Terms & Conditions of Service

 

1.     Introduction
THIS AGREEMENT (THE “AGREEMENT”) BINDS YOU OR THE COMPANY YOU REPRESENT (A “USER,” “YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF TRIPCENTS, INC.’S (“OUR,” “WE,” “US,” “COMPANY” OR “TRIPCENTS”) WEBSITE, WWW.TRIPCENTS.CO (THE “SITE”), AND/OR THE TRIPCENTS MOBILE APPS (EACH AN “APP”), SOFTWARE, SERVICES OR OTHER OFFERINGS PROVIDED BY US FROM TIME TO TIME (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE PRODUCTS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE COMPANY PRIVACY POLICY LOCATED AT WWW.TRIPCENTS.CO/PRIVACY AND INCORPORATED HEREIN BY REFERENCE (THE “PRIVACY POLICY”). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY, DO NOT USE The Site or ANY OF THE PRODUCTS. TRIPCENTS’S ACCEPTANCE OF YOUR USE OF THE PRODUCTS IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TRIPCENTS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

WE RESERVE THE RIGHT TO REVISE THIS AGREEMENT IN OUR SOLE DISCRETION AT ANY TIME BY POSTING THE CHANGES ON THE SITE. ALTHOUGH WE MAY ATTEMPT TO NOTIFY YOU WHEN WE MAKE SUBSTANTIAL CHANGES TO THESE TERMS AND CONDITIONS, YOU SHOULD PERIODICALLY REVIEW THEM FOR THE MOST UPDATED VERSION. WE MAY, IN OUR SOLE DISCRETION, REVISE THESE TERMS AND CONDITIONS, AND YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS.  

IF YOU WANT TO KNOW WHAT PERSONAL DATA WE HAVE OF YOURS, HOW WE USE IT, OR WANT TO REQUEST THAT WE ERASE IT (OR HAVE OTHER GDPR-RELATED QUESTIONS), EMAIL US AT SUPPORT@TRIPCENTS.CO.

     General
Tripcents is a tool for travel enthusiasts (“Users”) to save for and book travel experiences (“Trips”). Users may establish accounts with Tripcents and provide and instruct Tripcents to withdraw a specified amount of money from the User’s checking account on the 1st or 15th of each month, to be placed in the User’s Travel Account (as defined below).  Users may also provide credit card or debit card (each a “Card”) information to Tripcents and instruct Tripcents to cause each transaction on the Card to “round up” to the nearest full dollar, with the rounded amount held for the User’s benefit in a third party bank established for User at a bank selected by Tripcents or its vendor.  Once a User’s Travel Account has sufficient funds for a Trip (as decided by the User) the User can use the Site or the Tripcents App to extract the funds and book travel experiences with third parties. Other components of the Site and the App allow Users to interact with other Users.   

Users establish accounts with Tripcents and provide credit card or debit card (each a “Card”) information to Tripcents and instruct Tripcents to cause each transaction on the Card to “round up” to the nearest full dollar with the rounded amount held for the User’s benefit in a third party bank established for the User at a bank selected by Tripcents or its vendor.  Once a User’s Bank Account (as defined below) has sufficient funds for a Trip (as decided by the User) the User can use the Site or the Tripcents App to extract the funds and book travel experiences with third parties. 

 

All of Your use, access, and other activities relating to the Products must be in compliance with all applicable laws and regulations, including, without limitation, laws relating to copyright and other intellectual property use, and to privacy and personal and financial identity/information. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or the Site or their operation; frame or embed the Site or other Products; use any personally identifiable information; impersonate another person or gain unauthorized access to another person’s Tripcents Account (as defined below); introduce any virus, worm, spyware or any other computer code, file or program that is, or may be, intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or the Site, or operation thereof; or scrape, spider, use a robot or other automated means of any kind to access the Products.  Your use of the Products must not be in furtherance of any criminal activity.  

 

3.     General Disclaimer
The Site is only a tool for allowing Users to save for travel and book Trips through third party vendors. We do not guarantee that information provided about Trips by third parties you may frequent is complete or accurate.  We do not endorse or approve any third-party content made available through the Products. We are not responsible for transportation, airfare, or any other aspect of Your Trip, and do not guarantee the products or services offered by any third party.  We are not obligated to update any information made available by Us or any third parties on the Site or in the Products.  By using the Site or any Products, You agree not to hold Tripcents or any of its shareholders, directors, officers, agents, employees, contractors or third party content providers liable for any claim for damages arising out of Your use of the Site or the Products or your purchase or attendance on any Trip.  

 

As further described below, we do not guarantee that the Site or the Products will meet any of Your specific needs. We do not guarantee the performance of the Site or any Product or the performance of any site, device, processor, booking agent, or other third party product with which the Site or any Product interacts.   
In the event You use the hyperlinks included on the Site to access another website or Internet location, You acknowledge that such other sites or locations are not under the control of Tripcents and agree that Tripcents shall not be responsible for any information or other hyperlinks found at any such website or Internet location.

 

4.     Registration/Accounts
To use certain Products, You will need to register and obtain a Tripcents account, username, and password (collectively, Your “Tripcents Account”). You are solely responsible for maintaining the confidentiality of Your Tripcents Account, and for all activities associated with or occurring under Your Tripcents Account. You represent and warrant that Your Tripcents Account information will be accurate at all times. You must (a) notify Us immediately of any unauthorized use of Your Tripcents Account and any other breach of security, and (b) ensure that You exit from Your Tripcents Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Tripcents Account, either with or without Your knowledge.

Your Tripcents Account, and the information contained therein, may not be used for any purpose other than using the products offered by Tripcents.  

You may not transfer Your Tripcents Account to any other person and You may not use anyone else's Tripcents Account at any time without the permission of the Tripcents Account holder. In cases where You have authorized or registered another individual to use Your Tripcents Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.

In order to use the payment functionality of the Tripcents App, You must open an “Dwolla Platform” account provided by Dwolla, Inc. (“Dwolla”) and you must accept  ​Dwolla Terms of Service​ and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the ​Dwolla Terms of Service (your "Travel Account" or “Dwolla Account”).  You authorize Us to share Your identity and TripCents Account data with Dwolla for the purposes of opening and supporting your Dwolla Account, and You are responsible for the accuracy and completeness of that data.  You understand that you will access and manage your Dwolla Account through the Tripcents App, and Dwolla Account notifications will be sent by Us, not Dwolla.  We will provide customer support for your Dwolla Account activity and can be reached at support@tripcents.co.

4.5.     Subscriptions

Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.


FUNDS IN YOUR TRAVEL ACCOUNT ARE NOT FDIC INSURED. 

 

5.      Financial Transactions.
Tripcents does not collect a fee per transaction. Tripcents does not handle any funds or bank account information and does not hold or own any funds in your Travel Account.  Tripcents provides the App as a platform that permits you to provide instructions about saving and accessing funds in your Travel Account, and Tripcents provides certain customer service functions in connection with your Travel Account.  TripCents is not a money transmitter and never has access to the funds in your Travel Account.  Tripcents has no access to your personal bank account information. 

 
 6.    User Conduct
 You agree to not use the Products to take any action(s) that:
 
 (i) Does any of the following: solicits personal information, or provides any User telephone numbers, street addresses, last names, URLs or email addresses; 
 
 (ii) Involves the transmission of “junk mail,” “chain letters,” “unsolicited mass mailing,” “instant messaging,” “phishing,” “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
 
 (iii) Promotes information that You know, or have reason to suspect, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or promotes an illegal or unauthorized copy of another person’s copyrighted work;
 
 (iv) Furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal products, violating someone’s privacy, or providing or creating computer viruses;
 
 (v) Is contrary to Tripcents’s public image, goodwill, or reputation;
 
 (vi) Infringes on Our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
 
 (vii) Expresses or implies that any of Your statements, activities or causes are endorsed by Us, without Our prior written consent in each instance;
 
 (viii) Transmits any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
 
 (ix) “Frames” or “mirrors” any part of the Site or any Product without Our prior written authorization;
 
 (x) Distributes any virus, worm or other similar or deleterious files, scripts or programming routines;
 
 (xi) Interferes with or disrupts any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Tripcents or its licensors or suppliers;
 
 (xii) Forges headers or otherwise manipulates identifiers in order to disguise the origin of any submission; 
 
 (xiii) Executes any form of network monitoring or runs a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for You; and/or 
 
 (xiv) Promotes any business. 
 
We cannot guarantee the security of any information You disclose; You make such disclosures at Your own risk. You should be skeptical about information provided by others.  Tripcents does not guarantee that information provided by any User or third party is accurate or truthful. 
 
If You become aware of misuse of the Products by any person, please contact Tripcents at support@tripcents.co. 
 
 
7.     Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof provided by Tripcents in connection with the Products is “Company Content.” 

The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use Company Content, solely for saving funds in your Travel Account, in accordance with this Agreement and any conditions or restrictions associated herewith. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Company Content unless We give You explicit permission to do so. Company Content is licensed, and not sold, to You.  The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site or the Products are Our registered or unregistered Trademarks or are the registered or unregistered trademarks of third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

TRIPCENTS RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, TRIPCENTS DOES NOT SCREEN ALL THIRD PARTY CONTENT ACCESSIBLE THROUGH THE PRODUCTS AND ALL USE OF SUCH CONTENT BY YOU IS AT YOUR OWN RISK AND TRIPCENTS SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THIRD PARTY CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY THIRD PARTY CONTENT USED IN THE PRODUCTS IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. 

If You believe that the content of a third party included in the Products violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company via email at support@tripcents.co.

 

8.      Independent Contractor  
As a User, Your relationship with Tripcents is that of an independent contractor.  Nothing in this Agreement or in the course of business between You and Tripcents shall create any employment, agency, joint venture or partnership relationship.  

 

9.    Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PRODUCTS SHALL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.  TRIPCENTS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION THOSE OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THE PRODUCTS AND YOUR USE THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRIPCENTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT CONTAINED IN THE PRODUCTS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT, (II) LOSS OF INCOME, LOST PROFITS, INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCTS (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR CONFIDENTIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR ANY DELAY CAUSED BY TRIPCENTS PROCESSES OR PROCEDURES, (V) ANY VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS. TRIPCENTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ITS PRODUCTS OR ANY HYPERLINKED PRODUCTS OR SERVICES OR PRODUCTS OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRIPCENTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDERS. TRIPCENTS MAKES NO WARRANTY THAT ANY ERRORS IN ITS PRODUCTS WILL BE CORRECTED OR THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. 

 

10.     Limitation of Liability
IN NO EVENT SHALL TRIPCENTS, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIPCENTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE AGGREGATE AMOUNT OF DAMAGES RECOVERABLE BY A USER AGAINST TRIPCENTS WITH RESPECT TO ANY AND ALL BREACHES, PERFORMANCE, NONPERFORMANCE, ACTS OR OMISSIONS HEREUNDER WILL NOT EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID BY SUCH USER INTO ITS TRAVEL ACCOUNT. YOU ACKNOWLEDGE THAT TRIPCENTS SHALL NOT BE LIABLE FOR CONTENT OR THE CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

11.     Indemnification
You hereby agree to indemnify, defend and hold harmless Tripcents, its affiliates, shareholders, directors, officers, employees, agents, partners, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any of your obligations hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by You, and in such case, You agree to fully cooperate with such defense and in asserting any available defenses.

 

12.     Ability to Accept Terms and Conditions
You affirm that You are over the age of 18 and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with these Terms of Use.  IF YOU ARE UNDER THE AGE OF 18, DO NOT USE OUR PRODUCTS. 

 

13.    Termination
We may terminate Your use of the Products immediately without notice for any breach by You of this Agreement or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product at any time. You may terminate this Agreement by ceasing to use the Products at any time. We have no obligation to retain any of Your Tripcents Account’s content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products, and Company Content, and must immediately retrieve all funds from Your Travel Account. You agree that Tripcents shall not be liable to You or any third party for any termination of Your access to the Site or the Products. Any accrued rights to payment and Sections 3, 9, 10, 11, 13, and 14, and all representations and warranties contained herein shall survive termination.

 

14.    Jurisdiction; Venue; Waiver of Jury Trial.
This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado, without regard to conflict-of-law provisions.  All actions to enforce this Agreement must be brought in state or federal court in Denver, Colorado.  YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.  

 

15.      Entire Agreement
Except as it may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire agreement between Tripcents and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Tripcents and You in relation to the access to and use of the Products.

CONTACT US:

 

2420 17th Street

Denver, CO 80202

info@tripcents.co

© 2018 Tripcents, Inc.

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