Terms of Use

Version 5.0

Last Updated: May 17, 2017

 

PLEASE READ THIS TOU AGREEMENT (THE “TOU AGREMENT”) CAREFULLY. BY ACCESSING OR USING TRAVELBANK.COM OR ANY OTHER WEBSITES OF TRAVELATOR, INC., DOING BUSINESS AS TRAVELBANK (“TRAVELBANK”, “WE” OR “OUR”) THAT LINK TO THESE TOU AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND/OR APPLICATION (AS DEFINED BELOW) (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE OR DOWNLOADING TravelBank’S MOBILE APPLICATIONS, INCLUDING THE MOBILE APPLICATION ENTITLED, “TRAVELBANK” (EACH AN “APPLICATION”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TOU AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TravelBank, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TOU AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TOU AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE AND THE TERM “USER” REFERS TO INDIVIDUALS WHO USE THE WEBSITE, THE SERVICES OR THE APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TOU AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APPLICATION OR THE SERVICES.

YOU ARE ONLY ABLE TO SIGN UP AND USE THE SERVICES WITH A COMPANY E-MAIL ADDRESS. THE OWNER OF THE COMPANY DOMAIN MAY ASSUME CONTROL OF YOUR ACCOUNT AND OBTAIN ACCESS TO YOUR CONTENT (EACH AS DEFINED BELOW) AND PRIOR TRAVELBANK DEPARTMENT NETWORK (AS DEFINED IN SECTION 1(v) BELOW) ACTIVITIES. THE TOU AGREEMENT DOES NOT COVER TRAVELBANK COMPANY NETWORKS (AS DEFINED IN SECTION 1(vii) BELOW), WHICH ARE GOVERNED BY A SEPARATE AGREEMENT.

THE TOU AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TOU AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the TOU Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the TOU Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The TOU Agreement and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT the Agreement is subject to change by TravelBank in its sole discretion at any time. When changes are made, TravelBank will make a new copy of the TOU Agreement available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the TOU Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2(ii) below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (as defined in Section 2(ii) below). TravelBank may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

1.     Definitions.

Terms used in the Agreement have the meaning set forth below or as otherwise set forth herein.

  1. “Company” means the legal entity that owns the rights to the domain included in the e-mail address that a User provides when he or she creates an account with TravelBank. The Company will generally be the User’s employer. “Company” does not include a legal entity that operates an e-mail service (e.g. Hotmail, Yahoo, etc.) (an “E-Mail Service Entity”) unless one or more Managers employed have created a TravelBank Department Network(s) or TravelBank has an agreement with that E-mail Service Entity pursuant to which that entity has created a TravelBank Company Network.
  2. “Department” is a group, department or other unit of a Company.
  3. “Employee” is a User who identifies himself or herself as an Employee when the User creates an Account with TravelBank. An Employee may also register as a Manager within the same or another TravelBank Department Network, or within the TravelBank Company Network, to which the Employee belongs.
  4. “Manager” is a User who identifies himself or herself as a Manager when the User creates an Account with TravelBank. A Manager may register himself or herself as an Employee within the same or another TravelBank Department Network, or within the TravelBank Company Network, to which the Manager belongs.
  5. “Savings and Rewards Program” means an incentive and rewards program offered by TravelBank as an optional additional component of the Services, which is described in more detail in the Rewards Terms.

 

vii. “TravelBank Company Network” is a network which is created by a Company on behalf of the entire Company when the Company enters into an agreement with TravelBank for such TravelBank Company Network. At such time as the Company elects to create a TravelBank Company Network, any then-existing TravelBank Department Network within that Company will automatically become a part of the TravelBank Company Network. The TravelBank Company Network will be overseen by an administrator named by the Company (“Company Administrator”) who shall be responsible for the use and sharing of all information, data and other content posted to the TravelBank Company Network.

viii.          “TravelBank Department Network” is a network for a Department which is created by a Manager. The Manager who creates the TravelBank Department Network shall be responsible for the use and sharing of all information, data and other content posted to the TravelBank Department Network.

  1. “TravelBank Network” is either a TravelBank Department Network or a TravelBank Company Network.

2.     Registration.

  1. Use of the TravelBank Properties. The Application, the Software, the Website, the Services, and the information and content available on the Website and in the Application and the Services (collectively, the “TravelBank Properties”) allow individual Users and Companies to create and approve travel budgets, book travel, accommodations and related items (“Travel Accommodations”), track and report travel and business expenses, reimburse expenses, and, optionally, to create a Savings and Rewards Program for cost management.
  2. Registering for an Account. The Application is available to Users free of charge; however, a User will be required to become a Registered User in order to use the Services (with the exception of the Travelator budget creator tool (the “Budget Creator”), which Users are able to use without becoming a Registered User. For purposes of the Agreement, a “Registered User” is a User who has registered an account on the Application (“Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third Party Account”).

iii.   Use of Budget Creator. A User may use Budget Creator to create budgets and track expenses without becoming a Registered User. After the User creates a budget, if the User is not a Registered User, or is not a part of a TravelBank Department Network or a TravelBank Company Network, the User may send the budget to his or her manager by email, in which case any budget approval process may be handled outside of the Services, or if the manager wishes to use the functionality provided by the TravelBank Properties, the manager can create a TravelBank Department Network, in which case the approval process may be handled within the TravelBank Department Network if the User is or becomes a Registered User.

  1. Employees and Managers. Users can register for the Services as either an Employee and/or a Manager, and access rights within the Application will be different depending on which designation(s) are selected by the Users.
  2. If you register as an Employee, you (a) represent and warrant that (i) the individual(s) whom you name as your manager(s) are the individuals within your Department who are responsible for approving your travel budgets and expense account reports, and (ii) you will submit budgets and expense reports created using the Services to the manager who is responsible for approving that budget or expense report; and (b) acknowledge and agree that you will not be eligible to participate in any Incentive Program unless and until the Company has paid TravelBank’s applicable invoices(s). If you register as an Employee, but neither your Department nor your Company has created a TravelBank Network, you may continue to use the Services to create budgets and to track your expenses, but you will not be able to submit your budgets and expense reports through the TravelBank Properties. If neither your Department nor your Company has implemented an Incentive Program, you also will not be able to participate in an Savings and Rewards Program.
  3. If you register as a Manager for a Department which is not yet a TravelBank Department Network, you (a) represent and warrant that (i) you are authorized by your Company to enter into the Agreement on behalf of your Department (and to fund the Savings and Rewards Program for your TravelBank Department Network) and to grant Travelator the rights granted in Section 20(vi); and (ii) the Services do not conflict with any existing policies (including expense reimbursement policies) of your Company; (b) agree to provide or approve a list that includes the e-mails of the individuals who, once registered as Employees, will comprise the members of the TravelBank Department Network and will be able to communicate with each other via the Services, and (c) when you set up an Incentive Program, agree to provide Travelator with valid and updated credit card information and/or a valid and updated Authorization for Direct Payment via ACH (ACH DEBIT), to fund the Savings and Rewards Program. You also represent and warrant that you will provide a list of all Employees within the TravelBank Networks to which you belong for whom you are authorized to approve budget and expense reports.
  4. Access Through a SNS. If you access the Services through a SNS as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing TravelBank to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to TravelBank and/or grant TravelBank access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating TravelBank to pay any fees or making TravelBank subject to any usage limitations imposed by such third-party service providers. By granting TravelBank access to any Third-Party Accounts, you understand that TravelBank may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through TravelBank Properties (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through TravelBank Properties via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 4(i)) for all purposes of the Agreement). Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on TravelBank Properties. Please note that if a Third-Party Account or associated service becomes unavailable or TravelBank access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through TravelBank Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND TravelBank DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. TravelBank makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and TravelBank is not responsible for any SNS Content.
  5. TravelBank Company Network. At such time as your Company creates a TravelBank Company Network, the Company Administrator will assume and have full control over all individual Accounts associated with the Company’s domain e-mail address and may delete your Content or disassociate your Account from the Company Network, in which case you may be able to retain an Account, but it will no longer be part of a Company Network. As such, you should regularly back up your Content. When a Company establishes a TravelBank Company Network, the Agreement will continue to apply to your use of the TravelBank Company Network, provided, however, that such use is also subject to additional terms pursuant to an agreement between your Company and TravelBank as outlined in the Terms of Service for Company Networks. You should ask the Company Administrator about any such additional terms. To the extent of any conflict between the Agreement and such additional terms, the additional terms shall control. We may inform you that your Company has assumed control of your Account, but we are not obligated to do so. If your Company creates a TravelBank Company Network, the Company will have access to all of the information you post or otherwise make available through the TravelBank Properties, as described in our Privacy Policy.

vii.  Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen years of age, or of legal age to form a binding contract in your jurisdiction; and (2) not a person barred from using TravelBank Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of TravelBank Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify TravelBank immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or TravelBank has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TravelBank has the right to suspend or terminate your Account and refuse any and all current or future use of TravelBank Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. TravelBank reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use TravelBank Properties if you have been previously removed by TravelBank, or if you have been previously banned from any of TravelBank Properties.

viii.          Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of TravelBank.

  1. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to TravelBank Properties, including but not limited to, a mobile device that is suitable to connect with and use TravelBank Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing TravelBank Properties.

3.     Access to TravelBank Properties.

The TravelBank Properties are protected by copyright laws throughout the world. Subject to the Agreement, TravelBank grants you a limited license to reproduce portions of TravelBank Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by TravelBank in a separate license, your right to use any TravelBank Properties is subject to the Agreement.

  1. Application License. Subject to your compliance with the Agreement, TravelBank grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on one or more mobile devices or computers that you own or control and to run such copy of the Application solely for your business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
  2. TravelBank Software. Use of any software and associated documentation, other than the Application, that is made available via the Website or the Services (“Software”) is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between this Agreement and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If no license agreement accompanies use of the Software, use of the Software will be governed by this Agreement. Subject to your compliance with this Agreement, TravelBank grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Agreement. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of the provisions in the Agreement.

iii.   Updates. You understand that TravelBank Properties are evolving. As a result, TravelBank may require you to accept updates to TravelBank Properties that you have installed on your computer or mobile device. You acknowledge and agree that TravelBank may update TravelBank Properties with or without notifying you. You may need to update third-party software from time to time in order to use TravelBank Properties.

  1. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit TravelBank Properties or any portion of TravelBank Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other TravelBank Properties (including images, text, page layout or form) of TravelBank; (c) you shall not use any metatags or other “hidden text” using TravelBank’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of TravelBank Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website; (f) you shall not access TravelBank Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of TravelBank Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in TravelBank Properties. Any future release, update or other addition to TravelBank Properties shall be subject to the Agreement; and (i) you shall not enable access to the TravelBank Properties by any unauthorized third party application. TravelBank, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of TravelBank Properties terminates the licenses granted by TravelBank pursuant to the Agreement.
  2. Third-Party Materials. As a part of TravelBank Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for TravelBank to monitor such materials and that you access these materials at your own risk.
  3. Evaluation License. Notwithstanding any other provision in the Agreement, if you are obtaining access to all or any portion of the TravelBank Properties on an “evaluation” or “trial” basis , you acknowledge and agree that you are receiving access to such TravelBank Properties “AS-IS,” without indemnification, warranty, obligation to provide support, of any kind, express or implied.

4.     Responsibility for Content.

  1. Types of Content. You acknowledge that all Content, including TravelBank Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not TravelBank, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through TravelBank Properties (“Your Content”), and that you and other Users of TravelBank Properties, and not TravelBank, are similarly responsible for all Content they Make Available through TravelBank Properties (“User Content”).
  2. Organization. You acknowledge that you shall adhere to your Company’s policies, guidelines, and procedures concerning the Content you post to the Services, regardless of whether your TravelBank Network is a TravelBank Company Network or a TravelBank Department Network.

iii.   No Obligation to Pre-Screen Content. You acknowledge that TravelBank has no obligation to pre-screen Content (including, but not limited to, User Content), although TravelBank reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that TravelBank pre-screens, refuses or removes any Content, you acknowledge that TravelBank will do so for TravelBank’s benefit, not yours. Without limiting the foregoing, TravelBank shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.

  1. Storage. Unless expressly agreed to by TravelBank in writing elsewhere, TravelBank has no obligation to store any of Your Content that you Make Available on TravelBank Properties. TravelBank has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of TravelBank Properties. You agree that TravelBank retains the right to create reasonable limits on TravelBank’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by TravelBank in its sole discretion.

5.     Ownership.

  1. TravelBank Properties. Except with respect to Your Content and User Content, you agree that TravelBank and its suppliers own all rights, title and interest in TravelBank Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or TravelBank Properties.
  2. Trademarks. TravelBank’s name and other related graphics, logos, service marks and trade names used on or in connection with TravelBank Properties or in connection with the Services are the trademarks of TravelBank and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in TravelBank Properties are the property of their respective owners.

iii.   Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in TravelBank Properties.

  1. Your Content. TravelBank does not claim ownership of Your Content. However, when you as a User Make Available Your Content through the TravelBank Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
  2. License to Your Content. Subject to any applicable account settings that you select, you grant TravelBank a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing TravelBank Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of TravelBank Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not TravelBank, are responsible for all of Your Content that you Make Available on or in TravelBank Properties.
  3. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, illegal, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

vii.  Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to TravelBank through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that TravelBank has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TravelBank a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of TravelBank Properties.

6.     User Conduct.

As a condition of use, you agree not to use TravelBank Properties for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through TravelBank Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without TravelBank’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of TravelBank; (vi) interferes with or attempts to interfere with the proper functioning of TravelBank Properties or uses TravelBank Properties in any way not expressly permitted by the Agreement; or (vii) attempts or engages in, any potentially harmful acts that are directed against TravelBank Properties, including but not limited to violating or attempting to violate any security features of TravelBank Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in TravelBank Properties, introducing viruses, worms, or similar harmful code into TravelBank Properties, or interfering or attempting to interfere with use of TravelBank Properties by any other User, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” TravelBank Properties.

7.     Investigations.

TravelBank may, but is not obligated to, monitor or review TravelBank Properties and Content at any time. Without limiting the foregoing, TravelBank shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although TravelBank does not generally monitor User activity occurring in connection with TravelBank Properties or Content, if TravelBank becomes aware of any possible violations by you of any provision of the Agreement, TravelBank reserves the right to investigate such violations, and TravelBank may, at its sole discretion, immediately terminate your license to use TravelBank Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

8.     App Stores.

You acknowledge and agree that the availability of the Application and certain Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Agreement is between you and TravelBank and not with the App Store. TravelBank, not the App Store, is solely responsible for TravelBank Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless or mobile network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with TravelBank Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using TravelBank Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them.

9.     Interactions with Other Users.

  1. User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that TravelBank reserves the right, but has no obligation, to intercede in such disputes. You agree that TravelBank will not be responsible for any liability incurred as the result of such interactions.
  2. Content Provided by Other Users. TravelBank Properties may contain User Content provided by other Users. TravelBank is not responsible for and does not control User Content. TravelBank has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

10.  Third-Party Websites and Software Components, Non-TravelBank Products.

  1. Third-Party Websites. You may be able to access third-party websites or services via the Services. TravelBank isn’t responsible for third-party websites, services, Content or other material (“Third Party Content”) available through those third-party services. You are solely responsible for your dealings with third parties (including advertisers). Your use of third-party websites or services may be subject to that third party’s terms and conditions and privacy policy.
  2. Non-TravelBank Products. TravelBank may make non-TravelBank products or services and Third Party Content (“Non-TravelBank Products”) available via the Services. If you install or use any Non-TravelBank Products with the Services, you may not do so in any way that would subject TravelBank’s intellectual property or technology to obligations beyond those expressly included in this Agreement. TravelBank assumes no responsibility or liability whatsoever for the Non-TravelBank Products. You are solely responsible for any Non-TravelBank Products that you install or use with the Services.

iii.   Third-Party Software Components. The software provided by us to you as part of the Services may contain third party software components. Unless otherwise disclosed in that software, TravelBank, not the third party, licenses these components to you under TravelBank license terms and notices.

11.    Fees; Savings and Rewards Program; Expense Reimbursement.

  1. Fees. TravelBank reserves the right to charge fees for both Companies and Employee Users to access and use all or portions of the TravelBank Properties at any time.
  2. Expense Reimbursement. If you register for the Services as a Manager and create a TravelBank Department Network, you represent that any expense reimbursement paid by you to your Employee(s) using the TravelBank Properties is done so through an accountable plan, as described by Treas. Reg. § 1.62-2(c). If the reimbursements paid by you to your Employee(s) using TravelBank Properties are not done so through an accountable plan as described by Treas. Reg. § 1.62-2(c), you agree to withhold and remit all necessary federal, state and local tax withholdings and file all associated information returns with the respective tax authority. With respect to any possible withholding and reporting obligations, please contact a tax advisor because TravelBank, its affiliates, and employees do not provide tax advice.

iii.   Savings and Rewards Program. If you register for the Services as a Manager and create a TravelBank Department Network, you may be required to provide us with (a) a valid and updated Authorization for Direct Payment via ACH (ACH DEBIT) for your Company, and/or (b) valid and updated credit card information (your “Selected Payment Method(s)”). You authorize us to use your Selected Payment Method(s) to offset the costs of the Incentive Program for your TravelBank Department Network, in accordance with the then current Incentive Program funding terms. You are responsible for maintaining complete and accurate information regarding your Selected Payment Method(s).

  1. Third Party Payment Services Provider. TravelBank uses Plaid Inc. (“Plaid”) as a third party service provider (e.g., credit card transaction processing, merchant settlement, and related services). If you are required to pay fees or charges in connection with the Services, you agree to be bound by Plaid’s Terms of Service and Privacy Policy available at https://plaid.com/legal. You hereby consent to provide, and authorize TravelBank and Plaid to share, any information and payment instructions to the extent required to complete the payment transactions in accordance with the Agreement, including personal, financial, credit card payment, and transaction information.
  2. Taxes. TravelBank’s fees and charges are net of any applicable Sales Tax. You will be responsible for the payment of such Sales Tax associated with the Services and TravelBank’s fees and charges and any related penalties or interest to the relevant tax authority, and you will indemnify TravelBank for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section 11(v), “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that TravelBank is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
  3. Disputes. You must promptly notify us in writing if you dispute any of our fees or charges or such dispute will be deemed waived. Billing disputes should be notified to legal@travelbank.com.

12.  Additional Programs. If you participate in the TravelBank Savings and Rewards Program, your use of the program is governed by the Savings and Rewards Program Terms and Conditions (the “Reward Program Terms”) which are enclosed as Supplemental Terms in Rider A of this Agreement and which are incorporated by reference herein. If you use TravelBank’s Reservations program, your use of the program is governed by the Travel Reservations Terms and Conditions (the “Travel Reservations Terms”) which are enclosed as Supplemental Terms in Rider B of this Agreement and which are incorporated by reference herein. In addition, you may be subject to additional terms (e.g., Carriage of Contract, booking and cancellation policies, etc.) from third-party travel suppliers, which will be presented to you before purchase.

 

13.  Indemnification.

You agree to indemnify and hold TravelBank, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “TravelBank Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, TravelBank Properties; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. TravelBank reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TravelBank in asserting any available defenses. You agree that the provisions in this Section 13 will survive any termination of your Account, the Terms or your access to TravelBank Properties.

14.  Disclaimer of Warranties.

  1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF TravelBank PROPERTIES IS AT YOUR SOLE RISK, AND TravelBank PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TravelBank PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. TravelBank PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) TravelBank PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF TravelBank PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF TravelBank PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN TravelBank PROPERTIES WILL BE CORRECTED.
  3. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH TravelBank PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS TravelBank PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  4. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. TravelBank MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  5. From time to time, TravelBank may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at TravelBank’s sole discretion. The provisions of this section 13(i) apply with full force to such features or tools.
  6. In providing the Services, TravelBank acts solely as the agent for any third party content suppliers (“Content Suppliers”) used by TravelBank. TravelBank does not guarantee or insure the services or Content provided by any Content Supplier, including but not limited to, airlines, hotels, rental car agencies, rail services and other common carriers. Further, TravelBank does not assume, and expressly disclaims any liability for, any damages, losses, costs, expenses, claims, settlements or judgements suffered by or asserted against you arising out of or resulting from the actions or omissions of Content Suppliers. Nor is TravelBank responsible for price fluctuations or changes in equipment, accommodations or schedules resulting from the actions or inactions of Content Suppliers which are beyond its control. TravelBank further disclaims any liability for errors in fares, schedules or other information provided by automated airline reservation systems, including but not limited to, the Apollo, Galileo and Sabre reservation systems.

iii.   No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT TravelBank PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TravelBank PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND COMPANIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. TravelBank MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TravelBank MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER OR THIRD PARTY CONTENT OBTAINED THROUGH TravelBank PROPERTIES.

  1. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TRAVELBANK NETWORKS AND THE TravelBank PROPERTIES. YOU UNDERSTAND THAT TravelBank DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE TRAVELBANK NETWORKS OR THE TravelBank PROPERTIES.

15.  Limitation of Liability.

  1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TravelBank PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH TravelBank PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT TravelBank HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY., WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
  2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL TravelBank PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY TravelBank AS A RESULT OF YOUR USE OF TravelBank PROPERTIES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID TravelBank ANY AMOUNTS DURING SUCH PERIOD, TravelBank’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).

iii. User Content. TravelBank PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

  1. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TravelBank AND YOU.
  2. Exclusions. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
  3. Procedure for Making Claims of Copyright Infringement.

It is TravelBank’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to TravelBank by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on TravelBank Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on TravelBank Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows: Attn: Frank Tsai, 80 South Park, San Francisco, CA 94107 or at legal@travelbank.com.

17.  Term and Termination.

  1. Term. The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use TravelBank Properties, unless terminated earlier in accordance with the Agreement. Notwithstanding the foregoing, if you used TravelBank Properties prior to the date you accepted the b., you hereby acknowledge and agree that the Agreement commenced on the date you first used TravelBank Properties (whichever is earlier).
  2. Termination of Services by You. If you want to terminate the Services provided by TravelBank to you, you may do so by notifying TravelBank at any time (in accordance with Section 19(x)) and closing your Account for all of the Services that you use, unless your Company has assumed control of your Account. In such case, you should speak with the Company Administrator if you wish to terminate your Account.

iii.   Termination of Services by TravelBank. TravelBank may (a) terminate the Services at any time for any reason, (b) terminate your access to the TravelBank Properties at any time for any reason, and/or (c) stop providing portions of the Services at any time for any reason. In addition, if your Company has assumed control of your Account, the Company Administrator may modify or remove your access to the Services.

  1. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services may include deletion of your password and/or all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Your access to all Content that you posted to the Service may be terminated but your Content may remain in the Services for as long as the TravelBank (s) in which you posted such Content remains active It may also persist in our archives thereafter. We are under no obligation to notify you or return Content to you. TravelBank will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

18.  Violations.

If TravelBank becomes aware of any possible violations by you of the Agreement, TravelBank reserves the right to investigate such violations and to take actions including removing your Content from the Services, suspending or cancelling your Account or your access to the Services, or referring such activity to appropriate authorities. Content that is deleted may be irretrievable. If, as a result of the investigation, TravelBank believes that criminal activity has occurred, TravelBank reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. TravelBank is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in TravelBank Properties, including Your Content, in TravelBank’s possession in connection with your use of TravelBank Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, (5) protect the rights, property or personal safety of TravelBank, its Users or the public, or (6) in connection with all enforcement actions or to government officials, as TravelBank in its sole discretion believes to be necessary or appropriate.

19.  International Users.

The Website can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that TravelBank intends to announce such Services or Content in your country. TravelBank Properties are controlled and offered by TravelBank from its facilities in the United States of America. TravelBank makes no representations that TravelBank Properties are appropriate or available for use in other locations. Those who access or use TravelBank Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.

20.  General Provisions.

  1. Electronic Communications. The communications between you and TravelBank use electronic means, whether you visit TravelBank Properties or send TravelBank e-mails, or whether TravelBank posts notices on TravelBank Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from TravelBank in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TravelBank provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
  2. Release. You hereby release TravelBank Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of TravelBank Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of TravelBank Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

iii.   Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without TravelBank’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

  1. Force Majeure. TravelBank shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  2. Compliance. If you believe that TravelBank has not adhered to the Agreement, please contact TravelBank by emailing us at: legal@travelbank.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  3. Publicity. You agree that TravelBank may use your name and logo in TravelBank’s marketing materials or communications (including, but not limited to, the Website) for the sole purpose of indicating you as a User of the Services. You hereby grant to TravelBank the right to reference the Customer as a customer of TravelBank on the Web site and issue a press release to that effect a non-exclusive and limited license to use and publicly display Subscriber’s logo as set forth in this Section 19(vi).

vii.  Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with TravelBank and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by TravelBank that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and TravelBank, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Agreement.
  2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to TravelBank should be sent to: Attn: Legal Department, 80 South Park, San Francisco, CA 94107. After the Notice is received, you and TravelBank may attempt to resolve the claim or dispute informally. If you and TravelBank do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
  3. Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section 19(vii). If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that TravelBank made to you prior to the initiation of arbitration, TravelBank will pay you the greater of the award or $5,000. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
  4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
  5. Time Limits. If you or TravelBank pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the applicable JAMS Rules for the pertinent claim.
  6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and TravelBank, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TravelBank.
  7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and TravelBank in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TravelBank WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
  9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
  11. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with TravelBank.
  13. Small Claims Court. Notwithstanding the foregoing, either you or TravelBank may bring an individual action in small claims court.
  14. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
  15. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
  16. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco, California for such purpose.

viii.          Governing Law and Jurisdiction. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

  1. Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. The Terms, and any contract between us, are only in the English language. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
  2. Notice. Where TravelBank requires that you provide an e-mail address, you are responsible for providing TravelBank with your most current e-mail address. In the event that the last e-mail address you provided to TravelBank is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, TravelBank’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to TravelBank at legal@travelbank.com or at the following address: Attn: Legal Department, 80 South Park, San Francisco, CA 94107. Such notice shall be deemed given when received by TravelBank by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
  3. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

xii.  Severability. If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

xiii.          Export Control. You may not use, export, import, or transfer TravelBank Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained TravelBank Properties, and any other applicable laws. In particular, but without limitation, TravelBank Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using TravelBank Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use TravelBank Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by TravelBank are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer TravelBank products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

xiv. Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

a      You acknowledge and agree that (i) the Agreement is concluded between you and TravelBank only, and not Apple, and (ii) TravelBank, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

  1. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  2. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TravelBank and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TravelBank.
  3. You and TravelBank acknowledge that, as between TravelBank and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  4. You and TravelBank acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between TravelBank and Apple, TravelBank, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
  5. You and TravelBank acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  6. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  7. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

xvi. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

 

 

RIDER A: SUPPLEMENTAL TERMS AND CONDITIONS FOR

SAVINGS AND REWARDS PROGRAM

Last Updated: May 17, 2017

 

 

These Supplemental Terms (the “Rewards Program Terms”) govern the use of the Savings and Rewards Program and are incorporated into the TravelBank Terms of Use (the “TravelBank Terms”). All terms not defined in these Rewards Program Terms have the meaning provided to them in the TravelBank Terms.

  1. The Savings and Rewards Program; Eligibility. The TravelBank Savings and Rewards Program allows Reward Program Participants (as defined below) to earn reward points (“Reward Points”) in connection with the Program Enrollee’s use of the Services and pursuant to incentives identified by TravelBank through the Services (“Incentives”).
  2. Eligibility.
    • Reward Program Participant. You are eligible to become a Reward Program Participant only if you are of the age of majority and: (a) possess the legal authority to agree to the Rewards Program Terms; (b) reside in a jurisdiction that legally permits participation in the Savings and Reward Program; (c) are not a resident of a country subject to an embargo or designated as state sponsors of terrorism or otherwise embargoed by the United States Government which as of the date that the Reward Program Changes were last updated, include Cuba, Iran, Sudan, Syria, North Korea, and the Crimea Region of the Ukraine.
    • Employee Reward Program Participant. Certain Incentives are available only to Employees of Reward Program Customer.   A “Rewards Program Customer” is a sole proprietorship, limited liability company, corporation or other entity that has entered into an Agreement with TravelBank pursuant to which the entity has agreed to participate in the Savings and Rewards Program, but only for so long as such agreement is in effect. If you are an Employee of a Rewards Program Customer and have enrolled in the Savings and Rewards Program in accordance with Section 3 (Enrollment) you are an “Employee Reward Program Participant.” Employee Reward Program Participants are a subset of Reward Program Participants.
  3. Enrollment. In order to become an Employee Reward Program Participant, you must register for the Savings and Reward Program through the Services in compliance with the TravelBank Terms, including that the information you provide must be accurate.
  4. Earning Reward Points.
    • Bookings. You can earn Reward Points by performing acts or making purchases that are associated with Incentives identified by TravelBank through the Services. For example, if you purchase a flight or accommodation that TravelBank has identified with a particular Incentive, you will receive the number of Reward Points associated with the Incentive if you otherwise qualify for the Incentive.
    • Employee Specific Incentives. Certain Incentives may be made available to Employee Reward Program Participants”. For example, an Employee may be awarded Reward Points if his or her final expenses associated with a particular approved trip is less than the budget created by the Employee for the trip through the Budget Creator and approved by her Manager through the TravelBank Company Network (“Budget”). Employee Reward Program Participants may also earn Reward Points after fulfilling other specific actions, which will be clearly communicated to the Participants by TravelBank.

In order to earn Reward Points, the Employee must perform the specific requirements set forth in the Incentive that is identified through the Services. Each Incentive may have terms and conditions, restrictions or requirements that are specific to it and all such terms, restrictions and requirements must be met in order to earn the designated Reward Points.

  • Tracking Reward Points. You may track the Reward Points earned through your account, and where the Incentive is based on an Employee’s ability to beat budget, through the portion of your account that allows you to tracks expenses.
  1. Redeeming Points.
    • Redemption Only Through the Store. Reward Points may be redeemed only for products and services available through the TravelBank store made available through the Services (the “TravelBank Store”) and only if you follow redemption procedures set forth therein. Reward Points will be subtracted from your Account once you have redeemed them.
    • Reward Points are Personal to you; but not Vested. Only you may redeem the Reward Points you have earned; Reward Points may NOT be sold, exchanged, bartered, transferred, or given away. The value of your Reward Points may vary according to how you chose to use them. Accumulated points are not the property of the Employee Reward Program Participant and accumulation of Reward Points does not entitle the Employee Reward Program Participant to any vested rights with respect to the Savings and Rewards Program or the Reward Points.
    • Third Party Terms. When you redeem your Reward Points for products and services offered by third parties (e.g., flights offered by airlines, hotel accommodations), all products or services purchased through the redemption of Reward Points may be governed by such third party terms. TravelBank has no liability for the acts or omissions of any third party, including third parties whose products and services are made available through the Store.
  2. Termination of Reward Points on Inactive Accounts (18 MONTHS). Reward Points accrued may be forfeited without notice on the last day of the eighteenth (18) month after the last activity in your Account, or if your Account is cancelled. An Account is deemed inactive if there has been no Reward point accrual or redemption within 18 months. Points do not expire for active Accounts.
  3. Termination and Suspension of Your Enrollment and participation. We reserve the right at any time to limit enrollment in the Savings and Rewards Program. We may discontinue your participation in the Savings and Rewards Program. We may void or cancel your entire Reward Point balance at our discretion, for any reason, including if any Reward Points in your Account are issued, received, or redeemed through fraud or theft, or otherwise illegally, or not as authorized in these Reward Program Terms. These rights are in addition to any other legal or equitable remedy which may be available to us under applicable law.
  4. The Program and These Terms May be Suspended, Changed or Terminated. We reserve the right, at our sole discretion, to suspend, change or terminate the Savings and Rewards Program, in whole or in part; to add, delete or change available Reward Points or Incentives; to modify, limit or suspend the use of or redemption of Reward Points or the availability of Incentives in any respect; to modify or change redemption procedures; to modify, limit or suspend the collection of Reward Points, including but not limited to imposing time limits and changes in Reward Point values. We may make these changes even though the changes may affect the value of Reward Points already accumulated at any time and from time to time.
    • Notice of Modification of the Savings and Rewards Program. If we make changes that we believe will have a material impact on your use of the Savings and Rewards Program, we will let you know by sending you an email if we have a current email address for you, and by noting on the Services that the Reward Program Terms have been updated. The effective date of any change in these Reward Program Terms will be the date specified in the notice. If you disagree with the changes to these Reward Program Terms, you may opt out of the Savings and Rewards Program by terminating these Reward Program Terms as provided in the Term and Termination Section below. Your ongoing use of the Program and Services after the changes take effect signifies your agreement to the new terms.
    • Termination of Your Enrollment. We may cancel or suspend your enrollment in the Savings and Rewards Program gram at any time, without cause and/or without notice. We may terminate and/or suspend your enrollment immediately, without notice, if there has been a violation of these Terms or other policies and terms that apply to the Program. Your right to use the Program will end once your registration is cancelled or terminated.
  5. Specific Terms
    • Compliance with Laws. You must comply at all times with all laws, rules, and regulations that are applicable to you.
    • Tax Liability. The receipt or redemption of Reward Points may be subject to tax liability. Any tax liability, including reporting of tax liability to the Internal Revenue Service or other taxing authorities, with respect to the receipt or use of Reward Points is solely your responsibility. TravelBank and each Rewards Program Customer reserves the right to report the receipt or redemption of Reward Points to the Internal Revenue Service and other taxing authorities. We recommend that you check with your tax advisor regarding possible tax implications of earning and redeeming Points.

 

 

 

 

 

 

 

RIDER B: SUPPLEMENTAL TERMS AND CONDITIONS FOR:

TRAVEL RESERVATIONS PROGRAM

Last Updated: May 17, 2017

These Supplemental Terms (the “Travel Reservations Terms” or “Agreement”) governing the reservation, purchase, and use of all Travel Services (as defined below) offered for sale by TravelBank are incorporated into the TravelBank Terms of Use (the “TravelBank TOU”). All terms not defined in these Travel Reservations Terms have the meaning provided to them in the TravelBank TOU.

All bookings of Trips are also subject to the Terms and Conditions of the Supplier of the Travel Service(s) incorporated in you reservation. By placing a reservation with TravelBank, you agree to abide by all the Terms and Conditions of the applicable Suppliers, and to be bound by the limitations therein. If the Supplier’s Terms and Conditions are ever in conflict with the Travel Reservations Terms (or TOU) of TravelBank, TravelBank’s will control all issues relating to the liabilities and responsibilities of TravelBank.

 

Please read these Travel Reservations Terms carefully, ask us any questions you have about them, and/or consult your attorney before you agree to be bound by them. Traveler acknowledges that they have taken note of these Travel Reservations Terms before making a booking and have accepted the same by checking the “I ACCEPT” box. Without this acceptance, the processing of a booking is not possible.

 

  1. Definitions.

 

  1. “TravelBank” and/or “we” or “us” refer to Travelator, Inc. doing business as TravelBank.
  2. Application” and/or “App” refers to the TravelBank mobile application (“TravelBank App”) that is available through the Apple App Store or Google Play.
  • Travel Service” and/or “Travel Services” encompass: airfare, including add-ons to airfare purchases; ground transportation, including car rentals and rideshare services; accommodations, including hotel rooms, room sharing, resorts, or other lodgings; travel planning, including consultation and logistics; trip insurance and any other travel or travel related products offered or sold by TravelBank.
  1. Travel Reservations Program” is an additional component of TravelBank’s Services. TravelBank Users may secure Travel Services via the TravelBank App or agents.
  2. The term “Trip” is defined as any Travel Service, or package of Travel Services, offered or sold by TravelBank.
  3. “Traveler” is any User of the TravelBank App who subsequently books a reservation for Travel Services.
  • Travel Service Supplier (“Suppliers”) are any third-party providers of Travel Services.
  1. Modification of Our Travel Reservations Terms. Our Travel Reservations Terms may be amended or modified by us at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification.  It is therefore essential that you consult and accept our Travel Reservations Terms at the time of making a booking, particularly in order to determine which provisions are in operation at that time in case they have changed since the last time you placed an order with TravelBank or reviewed our Travel Reservations Terms.
  2. 3. Prices and Surcharges. Only items and fees explicitly advertised as included in the price of a Travel Service will be included as part of Travel Service’s advertised price. We use commercially reasonable endeavors to publish and maintain accurate prices and information for our services via the TravelBank App and through our agents. Suppliers provide us with the price, availability and other information related to these Services. In the event, however, that a Service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from a Travel Service Supplier, we retain the right to refuse or cancel any Reservation placed for such Travel Service, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Reservation is canceled because of incorrect hotel, airline, or car provider information, we will promptly issue a credit to your credit card account in the amount of the charge.

 

We expressly reserve the right to correct any pricing errors on our App and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

 

Our prices are contractual tariffs.  No claim relating to the price of a Trip will be considered once the reservation is effective. All prices are quoted in US dollars (US$). Rates for Travel Services are based on tariffs and exchange rates in effect at the time of posting and are subject to change prior to departure. Substantial changes in tariffs, exchange rates, the price of fuel, Services and labor sometimes increase the cost of Travel Service arrangements significantly.

 

  1. Reservations/Bookings. To make a reservation with TravelBank, please use our App or contact us directly at reservations@travelbank.com or 1-866-682-8785.

 

  1. Payment Methods. Currently we accept payment by Credit Card. If you need to make payment by check or wire transfers please contact us, inquiries will be handled on a case-by-case.

 

  1. Cancellation, Substitution, and Alteration Policies.

 

  1. Cancellations, Substitutions, and Alterations attributable to Traveler

 

Cancellation, substitution, and/or alteration terms vary by Supplier. It is your responsibility to familiarize yourself with the terms of your Supplier prior to purchase, so we urge you to read them carefully.

 

California and Illinois Residents only:

 

Upon cancellation of the transportation or Travel Services, where the Traveler is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to the seller of travel for services not provided will be promptly paid to the Traveler, unless the Traveler advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide a California Traveler with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

 

  1. Cancellations and/or Alterations not attributable to Traveler

 

Particularly as a result of causes beyond our control (ie. weather and travel conditions, river water levels, political or environmental changes, national security risks, acts of terror, equipment failure, flight schedule changes or rescheduling of air routes and times, referred to herein jointly as “Force Majeure”), changes and/or cancellations may need to be made to confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so and to substitute alternative arrangements of comparable monetary value. TravelBank reserves the right to adjust the Travel Service or change the modes of ground and air travel, change the quality of accommodations or otherwise change the Travel Service without prior notice. We accept no liability for loss of enjoyment as a result of these changes.  Any additional charges incurred arising from the postponement, delay or extension of a Trip or adjustment to the itinerary due to Force Majeure will be the Traveler’s responsibility. TravelBank will attempt to provide Traveler advanced notice of any changes to a Trip or Services to the extent commercially possible.

  1. Issuing Travel Documents. Travel documents will only be sent to the purchasing Traveler who places the order and personally agrees to these Terms and Conditions. Should you change your email address, phone number, or address before your departure date, you are required to advise us of the change. If a Traveler provides incorrect information to TravelBank, we do not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.

 

  1. Travelers with Special Needs or Disabilities. If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, etc.) you must call all relevant Suppliers for your Trip ahead of time and verify that special needs can be met. Depending on their terms and conditions, your reservation may be refunded, canceled or modified if special handicapped needs cannot be met. TravelBank make no guarantee as to the ability of any Travel Supplier to meet the special needs of disabled clients.

 

  1. Insurance. Should you have to cancel your Trip because of illness, injury or death to you or an immediate family member, depending on the type of coverage purchased, Trip cancellation insurance may protect some or all deposits and payments for both air and Trip costs. Trip cancellation and interruption penalties can be significant. Purchasing Trip cancellation insurance at a much later date may limit some of the coverage as to pre-existing or other conditions. It is Traveler’s responsibility to understand the limitations of their insurance coverage and purchase additional insurance as needed.  It is the Traveler’s sole responsibility to research, evaluate and purchase appropriate coverage. Traveler agrees that TravelBank is not responsible for any uninsured losses.

 

  1. 10. Passports, Visas, Reciprocity Fees, and Travel Health Requirements. It is Traveler’s sole responsibility to verify they have all the necessary visas, transit visas, passport, and vaccinations prior to travel and paid any required reciprocity fees for their destination. A full and valid passport is required for all persons traveling to any of the destinations outside the U.S. that we feature. You must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates required for your entire Trip.

 

Most international Trips require a passport valid until at least six (6) months beyond the scheduled end of your Itinerary. Non-U.S. citizens should contact the appropriate consular office for any requirements pertaining to their Trip. Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/content/passports/en/passports.html or directly from the destination country’s website.

 

Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the Traveler produce evidence of insurance/repatriation coverage before it will issue a visa.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.

 

Immunization requirements vary from country to country and even region to region. Up-to date information should be obtained from your local health department and consulate. You assume complete and full responsibility for, and hereby release TravelBank from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For State Department information about conditions abroad that may affect travel safety and security, you can contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.

 

It is your responsibility to ensure that you hold the correct, valid documents for the countries you are visiting and have obtained the necessary vaccinations, clearance to travel, and hold the necessary confirmations for medications required as we cannot be held liable for any illness, delays, compensation, claims and costs resulting from your failure to meet these requirements.

 

WE CANNOT ACCEPT RESPONSIBILITY IF YOU ARE REFUSED PASSAGE ON ANY AIRLINE, TRANSPORT OR ENTRY INTO ANY COUNTRY DUE TO THE FAILURE ON YOUR PART TO CARRY OR OBTAIN THE CORRECT DOCUMENTATION. IF FAILURE TO DO SO RESULTS IN FINES, SURCHARGES, CLAIMS, FINANCIAL DEMANDS OR OTHER FINANCIAL PENALTIES BEING IMPOSED ON US, YOU WILL BE RESPONSIBLE FOR INDEMNIFYING AND REIMBURSING US ACCORDINGLY.

 

  1. Accommodations. “Accommodations” are any lodgings in a dwelling or similar living quarters afforded to Travelers including, but not limited to, hotels, short term apartment, room or couch shares, motels, and resorts. TravelBank provides the accommodations for its Trips through third-party Suppliers and retains no ownership or management interest in those Accommodations. TravelBank does not guarantee the location or the amenities of the Accommodations nor the performance of the third-party Supplier. If any issues arise, please contact the owner/operators of the respective Accommodations directly.

Accommodations and living standards may vary from country to country and region to region. TravelBank makes no guarantees about Accommodation living standards. Any additional costs, i.e. upgrades etc., will be borne by the Traveler.

Prices of Accommodations are based on double occupancy unless described otherwise. If you prefer single Accommodations, some Accommodations require you to pay a single supplement fee which can vary depending on the Accommodation.

 

  1. Air Transport.
  2. General conditions governing air transport

TravelBank’ responsibilities in respect to air travel are limited by the relevant airline’s Contract of Carriage. All airline Contracts of Carriage are available for view publicly on their websites and at their office branches.   TravelBank is not able to specify the type of aircraft to be used by any airline or guarantee seat assignments. In addition, TravelBank is not responsible for losses due to cancelled flights, seats, or changed flight itineraries. Airlines retain the right to adjust flight times and schedules at any time, and these changes may include a change in the airline you fly, your aircraft type or destination. Such alterations do not constitute a significant change to your Trip Itinerary. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. TravelBank will not provide any refund for Trips missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial. Airline flights may be overbooked. A person denied boarding on a flight may be entitled to a compensatory payment or other benefits from the airline. The rules for denied boarding are available at all ticket counters in your Contract of Carriage. The airline fulfilling your reservation may change from the airline displayed on our website.

  1. Flight Times

The flight times given by TravelBank are for general guidance only and are subject to change. Up-to-date flight times will be shown on the tickets. Traveler must check the tickets very carefully immediately upon receipt of the latest timings.

iii. Failure to Check-in

Failure to check-in for a flight on the outward journey (on a charter or scheduled flight) will automatically result in cancellation of the return flight by the airline. We would encourage you to contact us on the date of departure if you wish us to keep the return flight open; this decision remains at the discretion of the airline company.

  1. Flight Connections

If any booked flight connecting with your outbound or inbound flight is cancelled or delayed, the airlines reserve the right to provide that transport by any other means (coach/bus, train, etc.). If you organize your own connecting transport with the arrangements booked with TravelBank, we would advise that you reserve flexible or refundable tickets in order to avoid the risk of any financial loss.  You are also advised not to make any important appointments for the day following your return date. TravelBank cannot accept responsibility for the consequences of delays (such as a cancelled scheduled flight) in the context of connecting transport organized by you.

  1. Non-Use of Flight Segments

You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a “point-beyond”, “hidden-city”, or “back-to-back tickets”. You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. You agree to indemnify TravelBank against any airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.

  1. Luggage

TravelBank assumes no liability for any loss or damage to baggage or personal effects, whether in transit to or from a Trip, or during a Trip. The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. It is recommended that you take out an insurance policy covering the value of your items.

Additional and oversized baggage fees: Most airlines have their own policy regarding luggage.  We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.

vii. Carriage of Hazardous Material

Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.

viii. Pregnancy

Different airlines have their own restrictions on when pregnant woman may fly on their plane, which can range from prohibiting flying anywhere from 7 to 30 days by the due date. It is your responsibility to check the restrictions of your particular airline. If you are denied boarding, TravelBank will not be responsible for any resulting cancellation fees and charges.

  1. Stop-Overs

Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same).  The same applies to connecting flights that may be subject to crew changes.  When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport.  The journey to the other airport is at your own expense.  TravelBank will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.

  1. Problems related to the issuance of e-tickets

As of June 1st, 2008, the International Air Transport Association (IATA) has imposed new rules with regard to the issuing of air travel tickets.  As of that date, travel agencies and airlines have an obligation to only issue travel tickets via electronic means (i.e. electronic ticket or “e-ticket”).

Due to technical constraints to do with airline’s restrictions in relation to certain requirements (infants under the age of 2, inter-airline agreements, groups, etc.), it may be impossible to issue an electronic ticket. Therefore, though a flight may be shown as available, it might prove impossible for us to honor your reservation. This situation, which is outside our control, will not result in liability on our part.

If we cannot issue you an e-ticket, we will contact you to propose an alternative route solution.  This could involve a different tariff and/or additional costs for which you would be responsible. In the event of the absence of an alternative solution, your refusal to pay any tariff difference, or if the issuance of tickets proves impossible, we would be forced to cancel your reservation at no cost to you. We will provide you with a full refund within 30 days after determining that there is no alternative solution possible.

  1. Marketing Materials and Illustrative Photos. TravelBank endeavors to illustrate the Travel Services it offers using photographs or illustrations that provide a realistic representation of the Services. However, please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are not contractual nor are they to be construed as guarantees of the conditions of the Travel Services pictured at the time of your Trip.
  2. Local Customs, Laws, and Travel Risks. Travelers may be traveling to foreign countries, with different customs, standards, laws and risks than those Travelers are accustomed to. Traveler understands that they must be prepared to cope with the unexpected, with local customs and shortages, with the vagaries of weather, travel and mankind in general. As such, Traveler acknowledges and accepts the risks associated with travel in a foreign country and agrees to release and hold TravelBank harmless for any such problems experienced while participating in their Trip.

Although most travel to participating destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. TravelBank does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations. BY OFFERING OR FACILITATING TRAVEL TO CERTAIN DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

  1. Notices. The communications between you and TravelBank use electronic means, whether you visit TravelBank Properties or send TravelBank e-mails, or whether TravelBank posts notices on TravelBank Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from TravelBank in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TravelBank provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Any notices required or permitted hereunder shall be given:

  1.  If to TravelBank, via email to: legal@travelbank.com
  2. If to Traveler, at the email or physical address provided by Traveler during the registration process. Notice provided to the Traveler’s email address shall be deemed sufficient notice.

 

  1. Seller of Travel Registration Information.
  2. California Registration Info: TravelBank is registered with the California Department of Justice.  CST#2126028.   Registration as a seller of travel does not constitute approval by the State of California.  California law requires certain sellers of travel to have a trust account or bond to protect consumer’s money. This business has a trust account.

This business is a participant in the Travel Consumer Restitution Corporation (TCRC).

You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale.  The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the Seller of Travel, not to exceed $15,000. * Please note that if you were outside of California at time of purchase, such transactions are not covered by the TCRC.

 

A claim must be submitted to the TCRC within six months after the scheduled completion date of the travel.  A claim must include sufficient information and documentation to prove your claim and a $35 processing fee. You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC, if you were located in California at the time of the sale. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA  94977-6001; or by faxing a request to :415-927-7698.

 

  1. Florida Registration No. 40647
  • Iowa Registration No. 1335
  1. Washington Registration No: 603-524-419

 

  1. Limitation of Liability. IN NO EVENT SHALL TRAVELBANK BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, EVEN IF TRAVELBANK HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. IN NO EVENT SHALL TRAVELBANK’S TOTAL AGGREGATE LIABILITY TO THE TRAVELER FOR CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY THE TRAVELER TO TRAVELBANK UNDER THIS AGREEMENT.

TRAVELBANK OFFERS VARIOUS TRAVEL SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. TRAVELBANK RETAINS NO OWNERSHIP INTEREST, MANAGEMENT, OR CONTROL OF THOSE THIRD PARTY SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVELBANK DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF ANY THIRD PARTIES (INCLUDING THIRD PARTY SUPPLIERS), GOVERNMENTAL AUTHORITY, OR ACTS ATTRIBUTABLE TO YOU YOURSELF, INCLUDING, WITHOUT LIMITATION, NEGLIGENT OR RECKLESS ACTS.

  1. Disclaimer of Warranties. The inclusion or offering of any Travel Services by TravelBank does not constitute any endorsement or recommendation of such products or services. UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY TRAVELBANK ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. Certain kinds of information, such as Hotel ratings, should be treated as broad guidelines. TravelBank does not guarantee the accuracy of this information.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVELBANK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY/THROUGH TRAVELBANK. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

  1. Indemnification and Release. You hereby release TravelBank Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Travel Services, Traveler’s participation in a Trip, including but not limited to, any interactions of any kind arising in connection with or as a result of the Agreement or your use of TravelBank Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

Traveler hereby also agrees to indemnify, defend and hold harmless TravelBank from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of any claim brought against TravelBank regarding, resulting, or arising from Traveler’s participation in a Trip or Traveler’s reservation of Travel Services.

  1. Force Majeure. TravelBank shall not be responsible for failure to perform any of its obligations under this Agreement during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond TravelBank’s reasonable control, including but not limited to severe weather, fire, flood, mudslides, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power Services, terrorism or any other causes beyond the control of TravelBank or deemed by TravelBank to constitute a danger to the safety and well-being of Travelers. TravelBank reserves the right to cancel any Services described in a Trip Itinerary due to Force Majeure.
  2. Compliance. If you believe that TravelBank has not adhered to this Agreement, please contact TravelBank by emailing us at: legal@travelbank.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  3. Disputes: Mandatory Binding Arbitration. Please read this Arbitration Agreement carefully. It is part of your contract with TravelBank and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

  1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by TravelBank that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and TravelBank, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Agreement.
  2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to TravelBank should be sent to: Attn: Legal Department, 80 South Park, San Francisco, CA 94107. After the Notice is received, you and TravelBank may attempt to resolve the claim or dispute informally. If you and TravelBank do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
  3. Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section 22(c). If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that TravelBank made to you prior to the initiation of arbitration, TravelBank will pay you the greater of the award or $5,000. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
  4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
  5. Time Limits. If you or TravelBank pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the applicable JAMS Rules for the pertinent claim.
  6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and TravelBank, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TravelBank.
  7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and TravelBank in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TravelBank WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
  9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
  11. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with TravelBank.
  13. Small Claims Court. Notwithstanding the foregoing, either you or TravelBank may bring an individual action in small claims court.
  14. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
  15. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
  16. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Francisco, California for such purpose. You and TravelBank agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. The Client and TravelBank agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in San Francisco, California and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court.

 

  1. Governing Law and Jurisdiction. The Agreement and any action related thereto will be

governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

 

  1. Attorney’s Fees, Costs, and Expenses of Suit. If any act of law or equity, including an action for declaratory relief, is brought to enforce, interpret or construe the provisions of this Agreement and/or the included Mandatory Binding Arbitration Agreement, the prevailing party shall be entitled to recover actual reasonable attorney’s fees, costs, and expenses.
  2. Assignment. Traveler may not assign his rights or obligations hereunder without the prior written consent of TravelBank.
  3. Severability and Survivability. If any provision, or portion of a provision, in these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Traveler and TravelBank agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.

Notwithstanding any other provisions of this these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.

 

  1. Waiver. No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party’s rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. TravelBank does not guarantee it will take action against all breaches of this Agreement. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.
  2. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

29.Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

 

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