WEBSITE TERMS OF USE
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WEBSITE TERMS OF USE – TRIP & FALL TRAVEL LLC TERMS OF USE Date of last Update: April 19, 2021 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SHALL BE BINDING UPON USERS OF WWW.TRIPANDFALLTRAVEL.COM WEBSITE AND ITS SERVICES. Introduction Please carefully read the Terms of Use (“Terms”) for the website located at www.tripandfalltravel.com (the “Website”) including its sub-domains and mobile optimized version, as set out hereinafter. The Website is owned and operated by Trip & Fall Travel LLC, a Ohio company registered in the United States and having its registered address located at 5808 Spieth Road, Medina, OH, (hereinafter referred to also as “Company”, “we,” “us” or “our”). Any ancillary terms, guidelines, the Privacy Policy (the “Policy”) and other documents made available by the Website from time to time and as incorporated herein by reference, shall be deemed as an integral part of the Terms. These terms set forth the legally binding agreement between you as the user(s) of the Website (hereinafter referred to as “you”, “your” or “User”) and the Company. If you are using the Website or its services on behalf of an entity, organization, or company (collectively “Organization“), you declare that you are an authorized representative of that Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Organization. In such a case, “you” in these Terms refers to your Organization, and any individual authorized to use the Service on behalf of the Organization, including you. We do not permit users under the age of 18 to use this website. You represent that you are over the age of 18. For European Union (EU) Users If you are an EU consumer, you will benefit from any mandatory provisions of law of the country in which you are a resident. By using company provided services, accessing or using the Website in any manner as laid down herein, including, but not limited to, visiting or browsing it, or contributing content or other materials to it, you agree to be bound by these Terms. These Terms, granted hereunder, may not be transferred or assigned by you, but may be assigned by the Website without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Acceptance of the Terms Each time by viewing, using, accessing, browsing, or submitting any content or material on the Website, including the webpages contained or hyperlinked therein and owned or controlled by the Website and its Website Services, whether through the Website itself or through such other media or media channels, devices, software, or technologies as the Website may choose from time to time, you are agreeing to abide by these Terms, as amended from time to time with or without your notice. The Website reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Website Services (or any part thereof) with or without notice. You agree that the Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website Services. Website or the Website management may modify these Terms from time to time, and any change to these Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use the Website or the Website Services. The Website may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. Also, occasionally there may be information on the Website or within the Website Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and the Website management reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. When you use the Website and/or upload, submit, enter any information or material to the Website or use any of the Website Services, you shall be deemed to have agreed to and understand the Terms. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE Website Services The Website represents a company providing travel advisory services to the general public and/or organizations utilizing the services of a travel advisor. Service Availability The Website shall use commercially reasonable efforts to keep it up and running 24 hours a day, seven days a week; provided, however, that it may carry out scheduled and unscheduled maintenance work as necessary from time to time and such maintenance work may impact the availability of the Website. Account Registration and Club Membership In order to use some or all of the functionalities and Website Services provided through the Website you may be required to log in with the Website. At the time of login, you will be asked to provide personal information such as name, address, phone number, email address, username and other personal information. Upon verification, Website may accept your use of website. You represent, warrant and covenant that: (i) you have full power and authority to accept these Terms, to grant any authorization and to perform any of your obligations hereunder; (ii) you will undertake the use the Website and Website Services for individual purposes and (iii) the address you provide when registering is your address of record. •You must not allow any other person to use your login to access the Website. •You must notify us in writing immediately if you become aware of any unauthorized use of your account. User IDs / Username and passwords If you log in with the Website, you will be asked to choose a User ID and password. Your User ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or User ID for or in connection with the impersonation of any person. You shall be responsible to maintain the confidentiality of your password and shall be responsible for all uses via your login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your login or password. You must notify the Website if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password). You are responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. Login data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy. Discontinuation of Use If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Website may be terminated. Electronic Signature Consent You agree that your “Electronic Signature” is the legal equivalent of your manual signature for this Agreement, thereby indicating your consent to do business electronically. By clicking on the applicable button in the Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with Company; effective on the date you first click to accept these Terms. Electronic Delivery of Communications You agree to receive communications from Website in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Website. You accept that the electronic documents, files and associated records provided via your account with Website are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. Website reserves the right to require ink signatures on hard copy documents from the related parties, at any time. User Responsibility Users are solely responsible for all of the transactions conducted on, through or as a result of use of the Website or Website Services. You agree that the use of the Website and/or the Website Services on the Website is subject to all applicable local, state and federal laws and regulations. You also agree: •not to access the Website or services using a third-party’s account without the express consent of the account holder; •not to use the Website for illegal purposes; •not to commit any acts of infringement on the Website or with respect to content on the Website; •not to copy any content for republication in print or online; •not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website; •not to attempt to gain unauthorized access to other computer systems from or through the Website; •not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website; •not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or •not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked website. •not to use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website; •not to use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; •not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; •not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of the Website owner; •not to access or otherwise interact with the Website using any robot, spider or other automated means; •not to violate the directives set out in the robots.txt file for the website; •not to use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); •not to infringe these Terms or allow, encourage or facilitate others to do the same; •not to plagiarize and/or infringe the intellectual property rights or privacy rights of any third party; •not to disturb the normal flow of Website Services provided within the Website; •not to create a link from the Website to another website or document without Company’s prior written consent; •not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website; •not to create copies or derivate works of the Website or any part thereof; •not to reverse engineer, decompile or extract the Website’s source code; •not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters; •not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or •not to pretend to be or misrepresent any affiliation with any legal entity or third party. In addition to the above clause, unless specifically endorsed or approved by the Website, the following uses and activities of and with respect to the Website and the Website Services are prohibited: •criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets; •transmitting chain letters or junk email; •engaging in any automated use of the Website or the Website Services. •interfering with, disrupting, or creating an undue burden on the Website or the Website Services or the networks or services connected or linked thereto; •attempting to impersonate another user or person; •using the username of another user; •using any information obtained from the Website or the Website Services in order to harass, abuse, or harm another person; •deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the Website Services; •attempting to bypass any measures of the Website or the Website Services designed to prevent or restrict access to the Website or the Website Services, or any portion of the Website or the Website Services; •harassing, annoying, intimidating or threatening any the Website employees or agents engaged in providing any portion of the Website Services; •using the Website and/or the Website Services in any manner inconsistent with any and all applicable laws and regulations. Using data collected from the website to contact individuals, companies or other persons or entities. Supplying false, untrue, expired, incomplete or misleading information through the Website. You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website and use of our Website Services. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Website. You hereby agree to provide Company with all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for our Website Services. Third party websites The Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. Goods and services of third parties may be advertised and/or made available on or through this Website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Website shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. The management of the Website has no control over third party websites and their contents, and subject to the Terms it accepts no responsibility for them or for any loss or damage that may arise from your use of them. The Website may contain links from third party websites. External hyperlinks to or from the Website do not constitute the Website’s endorsement of, affiliation with, or recommendation of any third party or its website, products, resources or other information. The Website is not responsible for any software, data or other information available from any third-party website. You are solely responsible for complying with the terms and conditions for the third-party sites. You acknowledge that Company shall have no liability for any damage or loss arising from your access to any third-party website, software, data or other information. We do not always review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third-party websites (or their products and services). Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof. We strongly recommend that you read the terms and conditions and privacy policy of any third-party websites or services that you visit. The Website may provide tools that may allow you to link your account on the website with an account of a third-party service. By using these tools, you agree that we may transfer such User Content and information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for the contents of the third-party service or the use of your User Content or information by the third-party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites. Third party rights A contract under the Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under the Terms is not subject to the consent of any third party. You agree not to; modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, scrape, gather, market, rent, lease, re-license, reverse engineer, or sell any information published by other users without the original publishers written consent. Ownership The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Website are the property of – or otherwise are licensed to – Company or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. Digital Millennium Copyright Act Policy (DMCA) At www.tripandfalltravel.com we respect the intellectual property rights of others. We act in a way that does not infringe on others’ rights. We take claims of copyright infringement very seriously and respond to notices regarding such matters expeditiously. If you are a copyright holder owner or authorized to act on behalf of a copyright owner, you may report claims of copyright infringement to us by sending a DMCA notice of alleged infringement, containing the following: 1.Identification, including a description, of the copyrighted work you are claiming has been infringed. If you are claiming infringement of multiple works you may provide a representative list. 2.The location of the allegedly infringing material, including identification of URL where the allegedly infringing material is accessible or the exact location where the infringing material may be found. 3.Your company affiliation, if applicable, your mailing address, telephone number, and email address. 4.A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law. 5.A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf. 6.Your full legal name and your electronic or physical signature. This notice may be sent to [name, email or physical address] Upon receipt of your Notice, we will take all actions we deem appropriate, including removal of the infringing material or disable access to the infringing material. Please note that you must comply with all of the requirements above for your notice to be valid. No section hereof shall be construed as intent to grant to you any interest in the Website or our Website Services, in whole or in part. All content and materials included as part of the Website Services, such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to Company, its affiliates, its licensors or to the appertaining third party copyrights holder. Original images, original writings, photos or other intellectual property posted by us is copyrighted and protected under U.S. law. You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Website and Website Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief. Term and Termination The term hereof shall begin on the date that comes first among: (i) first access to the Website; (ii) your first access or execution of our Website Services; or (iii) Company begins providing its Website Services to you. If you engage in prohibited conduct or otherwise violate terms, we may without notice revoke your access to Website. The term will automatically end on the date of Company’ decision to make the Website or Website Services no longer available for use, at its sole and final discretion. As a user of this Website, you are liable for the accuracy of the information that You provide to us. Amendments Company hereby reserves the right to update, modify, change, amend, terminate or discontinue the Website, the Terms and/or the Policy, at any time and at its sole and final discretion. Company may change the Website’s functionalities at any time. Any changes to these Terms will be displayed in the Website, and we may notify you through the Website or by email. Please, refer to the date shown above for the date where effective changes were last undertaken by us. Your use of our Website Services after the effective date of any update– either by simple use – thereby indicates your acceptance thereof. No Warranty Your use of our Website or Website Services is at your own risk, and therefore you hereby acknowledge and agree that our Website and Website Services are provided “as is”, “with all faults”, and “as available”. It shall be your own responsibility to ensure that the Website Services or information available through this Website meet your specific requirements. Neither Company, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Website will be error-free, uninterrupted, secure, or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by Company or its employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made with regard to such services or products of third parties contacted on or through the Website. In no event shall Company or our affiliates be held liable for any such services. Neither Company, nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The results described in the Website are not typical and will vary based on a variety of factors outside the control of Company. Your use of any information and/or materials on this Website is entirely at your own risk, for which we shall not be held liable. Disclaimer of Damages In no event shall the Company be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: (i) damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website, including negligence; (ii) infringement of third party intellectual property rights; and (iii) claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. The aforementioned limitation of damage liability shall be in force regardless of however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of such possibility. To the fullest extent allowable under applicable law, Company hereby expressly disclaims any and all representations and warranties of any kind with respect to the Website, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Website Services displayed on our Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement. Indemnification You agree to indemnify, defend and hold Company and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; and (iii) your violation of the rights of any third-party. You indemnify the Website and its management for any time that the Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify the Website and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption. You hereby indemnify the Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on the website. Generals Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Website. Accordingly, your participation or undertakings in promotions of third parties other than Company, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website. No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Company’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. Content Moderation. Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Website and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate. Force Majeure. Company is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Company’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom. No Waiver. Failure by Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof. Notices. All legal notices or demands to or upon Company shall be made in writing and sent to Company personally, by courier, certified mail, or facsimile, and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained. You agree that all agreements, notices, demands, disclosures and other communications that Company sends to you electronically satisfy the legal requirement that such communication should be in writing. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. Contact For any inquires or complaints regarding the Service or Website, please contact by emailing brooke@tripandfalltravel.com or calling us at 330-321-7317. Powered by Travel Industry Solutions 2022 rev 2 November 2022.
WEBSITE PRIVACY POLICY
WEBSITE PRIVACY POLICY – TRIP & FALL TRAVEL LLC Date of Last Update: September 4, 2020 By visiting, viewing, accessing, browsing, surfing, making any purchase or using our website www.tripandfalltravel.com including its sub domains, website pages, hyperlinks or mobile optimized version, if any (“website”) and/or using any of our services, as defined in Terms and Conditions (“website Services”), you either as user of website or a potential agent of the Company (hereinafter referred to as “you”, “your” or “User”) consent to the information collection, disclosure and use practices as described in this Privacy Policy. The website is owned by Trip & Fall Travel LLC, an Ohio company registered in the United States and having its registered address located at 5808 Spieth Road, Medina, OH 44256 (hereinafter referred to as “we,” “us” or “our”). This Privacy Policy also sets out how we may collect, use and disclose information in relation to Users of the website. Information We Collect Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than what is necessary for us to provide the website Services. For visiting, viewing, accessing, browsing, surfing or using the website, you may be asked to submit the following types of personal data: Personal Data: This may include personal information relating to an identified or identifiable natural person, such as Full Name, Email, Phone Number, Address, any payment gateway details such as Debit/Credit Card information (only for payment processing) and such other information, data and materials as we may deem necessary for provision of the website Services. We utilize third party companies who use customer data to connect with processing services for us. Communication Data: This may include data relating to any communication that you send to us whether that be through the consultation/contact form on the website, through e-mail or any other mode of communication that you use to contact us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of potential legal claims. Our lawful ground for this processing is our legitimate interests which in this case is to reply to communications sent to us, to keep records and to establish, pursue or defend potential legal claims. Technical Data: This may include data about your use of the website and online services such as your IP address, your login data, details about your browser, length of visit to pages on the website, page views and navigation paths, details about the number of times you use the website, time zone settings and other technology on the devices you use to access the website. The source of this data is from our analytics tracking system. We process this data to analyze your use of the website and other online services, to administer and protect our business and the website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer the website and our business and to grow our business and to decide our marketing strategy. Marketing Data: This may include data about your preferences in receiving marketing material from us and our third parties and your communication preferences. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our services, to develop them, to grow our business and to decide our marketing strategy. We may use Personal Data, Communication Data, Technical Data and Marketing Data (collectively the “Data”) as described herein. Consent and its Withdrawal When you visit, view, access, browse, surf, make any purchase or use the website, you provide us with your consent to use your Data as per this Privacy Policy. In order to provide you with the website Services, it is necessary for us to collect all relevant and necessary Data from you. In addition, by filling the forms available on the website, you give us your express consent and permission to use your Data. We will process the Data only after taking written instructions/consent from you mostly in electronic form in the form of Clickable button or a checkbox. If you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at www.travelindustrysolutions.com. Promotional Emails You agree that we may from time to time send e-mail messages to you which offer services, promotions, subscriptions or registration-based services or other material. In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing lists so that you receive no further email communication from us. Our emails provide the users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any email they receive from us at any time. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email, OR if you are having trouble, you may opt-out by writing us through email at brooke@tripandfalltravel.com. Your preferences will then be updated. How We Use and Process the Data The Data collected by us from you may be used to provide you the website Services and better understand your needs in relation thereto, to correspond with you and reply to any of your questions relating to the website Services. We will not rent or sell your Data to others. We may store the Data in locations outside our direct control (for instance, on servers or databases co-located with hosting providers). If you provide any Data to us, you are deemed to have authorized us to collect, retain and use that data for the following purposes: •verifying your identity; •sending you a welcome e-mail; •providing you with customer service and responding to your queries, feedback or disputes; •conducting marketing analysis, sending surveys or newsletters, contacting you about the website Services, activities, special events or offers from us or our partners and for other marketing, information, service development and promotional purposes; •making such disclosures as may be required for any of the above purposes or as required by law, regulations and guidelines or in respect of any investigations, claims or potential claims brought on or against us; •sending you notices (for example, in the form of e-mails, mailings and the like) regarding services you are receiving and for billing and collection purposes; •provide and maintain the website Services; •notifying you about changes to the website Services; •sending you information we think you may find useful or that you have requested from us; •enhancing and improve the website or the website Service such as through personalized features and content; •analyzing the use of the website and the website Services and the people visiting to improve our content and website and the website Services: •investigating, preventing or to take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies or as otherwise required by law; We shall ensure that: •the Data collected and processed for and on our behalf by any party is collected and processed in accordance with applicable data privacy laws; •you are always made fully aware of the reasons for the collection of Data and are given details of the purpose(s) for which the Data will be used; •the Data is only collected to the extent that is necessary to fulfill the purpose(s) for which it is required; •no Data is held for any longer than necessary in light of the purpose(s) for which it is required; •whenever cookies or similar technologies are used online by us, they shall be used strictly in accordance with applicable laws; •you will be informed if any Data submitted by you online cannot be fully deleted at your request under normal circumstances and how to request deletion of any other copies of that Data, where it is within your right to do so; •appropriate technical and organizational measures are taken to protect the Data; •data is transferred securely, whether it is transmitted electronically or in hard copy; •you can fully exercise your rights with ease and without hindrance. Disclosure of Data We shall not be able to keep your Data private in response to legal process, i.e. a court order or a subpoena or a law enforcement agency’s request. If, in our view, it is deemed appropriate to investigate, prevent or to take action, regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use or as otherwise required by law, we may be compelled to disclose the Data. Moreover, in case of takeover, merger or acquisition, we reserve a right to transfer your Data to new platform. We may disclose the Data in the good faith belief that such action is necessary to: •comply with a legal obligation; •protect and defend our rights or property; •prevent or investigate possible wrongdoing; •protect the personal safety of users of the website Services or the public; •protect against legal liability. When necessary, we may also disclose and transfer your Data to our professional advisors, law enforcement agencies, insurers, government and regulatory and other organizations. Data Storage Your Data may be stored and processed at the servers in the United States, Europe or any other country in which we or our subsidiaries, affiliates or service providers maintain facilities. We may transfer your Data to affiliated entities or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. We will take all steps reasonably necessary to ensure that your Data is treated securely and in accordance with this Privacy Policy and no transfer of your Data will take place to an organization or a country unless there are adequate controls in place including the security of your Data. We will only retain your Data preferably for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any record retention or reporting requirements under applicable laws. When deciding what the correct time is to keep the Data, we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements. How We Protect Your Information We store all the Data submitted by you through the website at a secure database. We are concerned with protecting your privacy and Data, but we cannot ensure or warrant the security of any Data you transmit or guarantee that your Data may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. No method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Data, we cannot guarantee its absolute security. If you have any questions about security of the website, you can contact us at brooke@tripandfalltravel.com. Any Data supplied by you will be retained by us and will be accessible by our employees, any service providers engaged by us and third parties. Compliance with CalOPPA We are also committed to complying with the California Online Privacy Protection Act (“CalOPPA”) which requires commercial websites and online services to post a privacy policy. The law requires any person or company in the United States (and conceivably the world) that operates websites collecting ‘personally identifiable information’ from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. As required under CalOPPA, we agree to the following: •Users can visit our site anonymously. •Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above. •We endeavor to fulfil requirements of the CalOPPA under this Privacy Policy in line with our policy for user data collection, storage, and disclosure as outlined above. Cookies We use technologies such as cookies to make better users experience, customize content, to provide social media features and to analyze traffic to the website. Where applicable the website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer/device. Cookies are small files saved to the user’s computers’ or mobile devices’ hard drive or memory that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within the website. Users are advised that if they wish to deny the use and saving of cookies from the website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from the website and its external serving vendors. We may gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data. We may use this information, which does not identify individual users, to analyze trends, to administer the website, to track users’ movements around the website and to gather demographic information about our user base as a whole. We may track the referring URL (the web page you left before coming to the website) and the pages, links, and graphics of the website you visited. We do so because it allows us to evaluate the reputation and responsiveness of specific web pages and any promotional programs we may be running. Managing Cookies: Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences. Please note that if you choose to block cookies, doing so may impair the website Services or prevent certain elements of it from functioning. Third-Party Service Providers We may employ third party companies and individuals to facilitate the website Services (“Third Party Service Providers“), to provide the website Services on our behalf, to perform website Services-related services or to assist us in analyzing how the website Service is used. These third parties have access to your Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Changes to this Privacy Statement We may modify these this Privacy Policy from time to time and any such change shall be reflected on the website with the updated version of the Privacy Policy and you agree to be bound to any changes to the updated version of Privacy Policy when you use the website or the website Services. You acknowledge and agree that it is your responsibility to review the website and this Privacy Policy periodically and to be aware of any modifications. Updates to this Privacy Policy will be posted on this page. Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and we reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. Contact Us If you have questions about our Privacy Policy, please contact us at brooke@tripandfalltravel.com.
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