Traxo User Agreement

Welcome to Traxo, a service for avid travelers that enables them to organize and manage their travel lifestyle, including keeping track of their itinerary details and loyalty accounts, as well as sharing travel plans with friends and family (the “Service”). By using the Service, you (“you” or “Member”) accept and agree to be bound by the following User Agreement (the “Agreement”) which governs the use of the Service, including, without limitation, the creation of travel itineraries therewith and accessing travel and loyalty account information on your behalf, as provided by Traxo, Inc. (“Traxo” or “us” or “we”).

Please read the terms and conditions contained in this Agreement carefully. You can access this Agreement any time at Traxo User Agreement. Your use of and / or registration with the Service will constitute your ongoing acceptance of this Agreement. If you do not accept this Agreement, you may not use the Service. This Agreement may be modified from time to time; the date of the most recent revisions will appear on the last page under the heading “Effective Date”. It is your responsibility to regularly check the web site to determine if there have been changes to this Agreement and to review such changes. Continued access of the Service by you will constitute your acceptance of any changes or revisions to this Agreement. Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to Traxo’s other remedies.

Registration and Account Creation

  1. Registration Information.

    You can generally view the Service without revealing any personally identifiable information (“PII”) about yourself. You may voluntarily provide to us PII if you desire to register and/or set up an account to use the Service or when you submit a request for travel services from Traxo. You undertake to register for the Service using accurate and current information about yourself - including your correct name, email address and any other requested details - in addition to selecting a username and password which will be associated with your membership during registration (collectively, “Registration Information”). If any of your Registration Information changes, you agree to update such information by editing your customer profile on the Service. Your Registration Information, as subsequently amended and added to, will be available to all members of and visitors to the Service, unless you specify in the Privacy options for your Service account that you wish your profile only to be viewable by either members or friends.

    We reserve the right, in our sole discretion, to refuse the use of a username or revoke the use of a username previously selected by a Member. This may be because we feel the username is inappropriate or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific username.

  2. Privacy Policy.

    Any information you supply to us or that we gather via your use of the Service is governed by the Traxo Privacy Policy that is available at Traxo Privacy Policy. The Traxo Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your PII in that policy.

  3. Maintenance of Registration Information.

    You agree only to use the Service for yourself or for another person or person(s) for whom you are legally authorized to act; you will inform such other person(s) about these terms that apply to the use of the Service on their behalf, including all rules and restrictions applicable thereto; and you will safeguard your Registration Information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

    If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you agree to promptly change the affected Registration Information and notify us of the problem via email as set forth on our Contact Us page.

General Use Restrictions

You may use the Service solely for your personal, noncommercial use. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not copy or distribute any part of the Service in any medium without Traxo’s prior written authorization and you will not alter or modify any part of the Service.

You further agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to Traxo’s servers by http requests using a Web browser, via the Traxo mobile application, or via the Traxo API (with permission), you may not attempt to gain access to Traxo’s servers by any unauthorized means. In order to protect the integrity of the Service, Traxo reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the Traxo website or the Service.

All information, documents, products, software and services provided as part of the Service, including Traxo’s trademarks, service marks, logos, graphics, images and other copyrighted materials are referred to herein as the “Materials.”

Traxo grants you the limited right to display the Materials only on your personal computer and mobile device, and to print, copy and download the Materials therein displayed on such device, provided that: (1) both the Traxo copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded and (2) such display, copy or download is solely for your personal or internal informational use. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any terms of this Agreement. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on any other server or Internet-based device without the advance written authorization of Traxo or its licensors, respectively.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials or any Third Party Content (as further described below) on any legal basis, without the advance written authorization of Traxo.

The Service is not intended for users under the age of 18, and Traxo does not knowingly collect PII from users under the age of 18. Such users are expressly prohibited from submitting their PII to us; and any information submitted by such users will not knowingly be used, posted, or retained by us.

Misuse of the Service

The Service is intended to be used by its Members for the purposes referred to above.

Accordingly, Members must not: (i) include swear-words or terms that could be considered offensive in material posted on or transmitted through the Service, (ii) place material on, or otherwise use, the Service for any business or commercial purpose, (iii) use access to the Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam), or (iv) collect or harvest any PII, including Traxo Usernames, from the Service, nor use the communication systems provided by the Service, for any commercial purpose.

We reserve the right (but not the obligation) to monitor and review Submissions and any other information transmitted or received through the Service and to censor, edit, remove or prohibit the transmission or receipt of any information or Submissions (in whole or in part) that we deem inappropriate or in violation of these terms. During monitoring, the Submissions may be examined, recorded or copied, and your use of the Services constitutes your consent to such monitoring and review.

Submissions

You acknowledge that you are responsible for the information and material that you submit in connection with the Service, including without limitation Registration Information (each a “Submission”), and that you, and not Traxo, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright, including without limitation that the Submission does not (i) infringe the intellectual property or other rights of any person or entity, (ii) breach any applicable law, whether criminal, tortious or otherwise, or (iii) appear to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Service is provided on a non-proprietary and non-confidential basis. You agree that unless you specifically indicate otherwise when making a Submission Traxo shall be free to use or disseminate a Submission on an unrestricted basis for any purpose, including without limitation promotion of the Service and customizing ads or other offers to you in connection with the Service and other web sites you visit. If you submit information in connection with the Service, you (i) grant Traxo a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable license to access, link to, use, copy, exploit, and prepare derivative works of the Submission, in any form, anywhere including without limitation (A) through any media now known or not currently known or invented, or (B) on third party sites and services that link to the Service or through which profiles are searchable, (ii) represent and warrant that you are fully entitled to grant that license, (iii) undertake that you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of that person to enable the inclusion and use of the Submission in the Service, and the exploitation by Traxo of the Submission in the manner contemplated by this Agreement, and (iv) authorize Traxo to adapt the Submission, and so waive (or undertake that you have procured an effective waiver of) all so-called “moral” rights to object to any derogatory treatment of the Submission, or to be identified as their author. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO TRAXO.

You understand and agree that Traxo may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or Submission in its sole discretion, for any reason or no reason, including any Submission that in the sole judgment of Traxo violates this Agreement, or which might be offensive, illegal, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submission you provide in connection with the Service. You may remove any Submission from the Service at any time, but you acknowledge that Traxo may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

You acknowledge that we are not and cannot be responsible for the material contributed by Members or the behavior of our Members or others you may meet through the Service - whether on the Service (such as by way of Submissions) or outside of it. We only provide a venue where the Service may be accessed. In particular, you should be aware that Traxo does not generally pre-screen or monitor the material contributed by Members (such as Submissions), or pre-screen or inquire into the background of its Members. Further, you acknowledge and agree that Traxo makes no guarantees, either express or implied, regarding the suitability of contacts you make through the Service.

Third Party Content

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available in connection with the Service by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Traxo (the “Third Party Content”). Traxo neither endorses nor is responsible for monitoring, reviewing or the accuracy or reliability of any opinion, advice, information or statement made in connection with the Service by anyone other than authorized Traxo employees acting in their official capacities and you agree that you shall have no right of recourse against Traxo for any liability arising out of your use (or lack thereof) of such Third Party Content.

Links to Third Party Sites

The Service includes links to other websites or resources (“External Services”). Because Traxo has no control over External Services, you acknowledge and agree that Traxo is not responsible for the availability of such External Services, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such External Services. You further acknowledge and agree that Traxo shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such External Services. Finally, you acknowledge that such External Services usually have their own terms and conditions, including privacy policies, over which Traxo has no control and which will govern your rights and obligations with respect to the use of those External Services.

Grant of Limited Power of Attorney

With the Service, Members may direct Traxo to retrieve their own information maintained online by (1) third-party travel and travel-related institutions with which they have customer relationships, maintain accounts or engage in travel transactions (“Travel Account Information”) or (2) third party email accounts for which Members authorize and enable the email inbox scanning feature (“Inbox Scanning”) offered by Traxo that scans email metadata in such third party email accounts to identify and parse emails containing travel-related information (“Email Account Information” and, together with Travel Account Information, the “Account Information”). Traxo works with one or more online travel service providers to access this Account Information. YOU HEREBY EXPRESSLY APPROVE TRAXO TO (I) ACT AS YOUR AGENT AND TO LOG INTO THIRD- PARTY TRAVEL AND TRAVEL-RELATED SITES USING YOUR SIGN-ON CREDENTIALS IN ORDER TO RETRIEVE YOUR TRAVEL-RELATED ACCOUNT INFORMATION AND (II) IN THE EVENT YOU HAVE AUTHORIZED AND ENABLED INBOX SCANNING FOR YOUR EMAIL ACCOUNT, ACCESS SUCH EMAIL ACCOUNT AND SCAN AND PARSE EMAILS IN SUCH EMAIL ACCOUNT TO RETRIEVE TRAVEL-RELATED INFORMATION. By linking your Account Information with third party sites via our Service, you hereby authorize and permit us to use and store information submitted by you (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. You grant Traxo a limited power of attorney, and appoint Traxo as your attorney-in-fact and agent, to access third party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary as you could do in person, but solely in connection with providing the Account Information to you as part of the Service. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. If necessary, you agree to execute additional limited powers of attorney in such form as Traxo may reasonably require in order to access sites, accounts, and information as provided herein.

Traxo makes no effort to review the Account Information or the information obtained from accessing third party travel or email accounts with such Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.

Traxo cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Traxo cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed therein.

Email Scanning and Email Account Information

You may elect to authorize and enable Traxo’s Inbox Scanning as part of the Service by providing Email Account Information to Traxo. Traxo’s scanning and parsing of your emails, including emails with your PII, and your consent to such scanning and parsing, is set forth in our Privacy Policy. By using Inbox Scanning, you represent and warrant to Traxo that: (1) you are the email account owner or holder of any email account for which you authorize and enable Inbox Scanning, and if such email account is administered or managed by your employer or another third party, that you have obtained any required permissions from your employer or such third party to authorize Traxo’s access to such email account; (2) you have the right and authority to grant Traxo the right to access, scan, and parse any emails in your email account, as fully set forth in Section 5 of the Privacy Policy, for the purpose of providing the Service; and (3) any email account for which you authorize and enable Inbox Scanning and any emails contained in such account are free of viruses, malware, worms, time bombs, Trojan Horses, software locks, backdoors, trapdoors, contaminants, and other harmful or malicious code that may harm the computer systems or networks of Traxo. Traxo will take commercially reasonable efforts to limit its scan to those emails containing relevant travel-related information, and ignore any emails not containing such information. You shall not disclose any emails to Traxo in your connected email account containing any sensitive confidential information or trade secrets of third parties. If you become aware of any sensitive third party confidential information or trade secrets that have been scanned by Inbox Scanning and/or parsed by Traxo as part of the Service, you will promptly notify Traxo, and Traxo will take commercially reasonable steps to purge such sensitive information from its records. Traxo disclaims any and all liability arising out of the scanning and parsing of emails containing information that is not relevant or useful to the Service.

Traxo Communications With You

In the course of providing you services, Traxo may need to communicate with you via email, SMS text message, mobile push notification, or other means (see our Privacy Policy to learn more about communications). You agree to receive emails and other notifications which are specific to your account and necessary for the normal functioning of the Service, including welcome emails which help inform new users about various features of the Service. You also agree to have your name and / or email address listed in the header of certain communications which you initiate through the Service.

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Traxo cannot guarantee the delivery or the accuracy of the content of any alert as the recipient’s email address, mobile contact information, or other preferred means of receiving notifications from us may be invalid or have limitations on the relevant mailbox that could impede the delivery of the message, including but not limited to a mailbox limit or spam filter, or mobile service may be unavailable to process notifications. Traxo shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Membership Fees and Pricing

Signing up for a basic Service account is free. Traxo reserves the right to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of Traxo or others used in connection with the Service are the property of Traxo or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Service without the express prior written permission of Traxo or the respective owner, and nothing contained on the Service grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on the Service, including but not limited to, the look and feel of the Traxo website, text elements, site design, graphics, images, sound or video materials, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Traxo or its licensors, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.

Traxo respects the intellectual property of others, and we ask our users to do the same. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice by providing our Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements): (1) a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, 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.

We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees).

Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Traxo, Inc., Attention: DMCA Complaints, 211 N. Ervay St., Suite 500, Dallas TX 75201.

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification. Under the appropriate circumstances, it is Traxo’s policy to remove and/or to disable access from the Service to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from the Service to web pages as to which there have been steps taken for the purpose of affecting Traxo’s search results such as adding inappropriate “meta-tags.”

Alerting Traxo

If you see anything on the Service which appears to breach this Agreement, please contact us via email informing us of such breach. We do not generally monitor material contributed by members placed on the Service, and so we are reliant upon users to point out any which is in breach of this Agreement.

Indemnification

You agree to defend, indemnify, and hold harmless Traxo, its affiliates, officers, directors, employees, and agents from and against any and all claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (1) your use of the Service and/or; your connection to the Service; (2) your violation of the rights of others, this Agreement, or any intellectual property or other right of any person or entity; (3) any intellectual property infringement by any other user of your account, if an account has been assigned to you; or (4) your breach of any representations or warranties contained in this Agreement.

Disclaimer of Warranty

You acknowledge and agree that the Service may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Traxo, and agree that Traxo does not warrant the accuracy or timeliness of the Materials and further agree that Traxo has no liability for any errors or omissions in the Materials, whether provided by Traxo or its licensors. WITHOUT LIMITING THE FOREGOING, TRAXO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY ITINERARY CREATED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION INCLUDED IN SUCH ITINERARIES AND TRAXO SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY (I) THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ITINERARIES OR (II) THE OMISSION OF ANY INFORMATION IN SUCH ITINERARIES

TRAXO, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY THIRD PARTY CONTENT. TRAXO DOES NOT WARRANT THAT YOUR USE OF THE SERVICE, OR THE OPERATION OR FUNCTION OF THE SERVICE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SERVICE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY INFORMATION OR MATERIAL CONTAINED IN CONNECTION WITH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Release

Traxo has no control over, or responsibility for, the truth or accuracy of any of the Materials, Third Party Content, or other materials available on the Service, whether provided by members (such as Submissions) or others. If any External Web Site is linked to, or from, the Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the Service than you do offline. Even though members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. Your use of the Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release Traxo, its directors, contractors and employees, from any and all liability arising out of or in connection with the Service and the material included here by members (including Submissions) and other third parties.

Limitation of Liability

NEITHER TRAXO NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED OR LOSS OF USE OF THE SERVICE, OR ANY EXTERNAL WEB SITES OR EMAIL ACCOUNTS LINKED TO THE SERVICE, THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR THE CONDUCT OF YOU OR OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS TRAXO LIABILITY OR YOUR REMEDIES, THE MATERIALS ON THE SERVICE, OR OTHERWISE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TRAXO WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE SERVICE INCLUDES INFORMATION PROVIDED FROM A VARIETY OF SOURCES AND THIRD PARTIES. THE PROVIDERS OF SUCH INFORMATION AND/OR OTHER SERVICES THROUGH TRAXO ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAXO OR ITS AFFILIATES. TRAXO’S DISPLAY OF SUCH INFORMATION DOES NOT IN ANY WAY IMPLY, SUGGEST, OR CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY US OF SUCH INFORMATION OR ITS PROVIDERS. YOU AGREE THAT TRAXO IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION WE MAY OBTAIN FROM THESE THIRD PARTY SOURCES. YOUR INTERACTION WITH SUCH PROVIDERS IS AT YOUR OWN RISK. TRAXO AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRAXO AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL.

Maximum Liability

WITHOUT LIMITING THE PRECEDING CLAUSES, DURING ANY PERIOD OF TWELVE MONTHS, THE AGGREGATE LIABILITY OF TRAXO UNDER THIS AGREEMENT (WHETHER ARISING IN NEGLIGENCE OR BREACH OF THIS AGREEMENT OR OTHERWISE) WILL NOT UNDER ANY CIRCUMSTANCES EXCEED THE GREATER OF: (I) AN AMOUNT EQUAL TO THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE WHEN LIABILITY ARISES, AND (II) US$100, REGARDLESS OF THE CAUSE OR FORM OF ACTION.

Dispute Resolutions

This Agreement shall be governed by the laws of the State of Texas, United States of America without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. In the event that a dispute does arise between us, we would like to resolve that dispute in a neutral and cost effective manner. Accordingly, you and we agree that we shall resolve any action, claim or controversy at law or equity (a “Claim”) that arises out of your use of the Services, this Agreement, or the parties’ relationship in connection with the Services or this Agreement in accordance with one of the subsections below or as we may otherwise mutually agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution, since most customer concerns can be resolved quickly and satisfactorily in this manner.

  • Submission to Jurisdiction in Texas– You agree that unless otherwise mutually agreed by the parties in writing or as described in the “Mandatory Arbitration” subsection below, any Claims shall be brought in the state or federal courts located in Dallas County, the State of Texas, United States of America. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
  • Mandatory Arbitration – Any Claim where the total amount in controversy is less than US$10,000 shall be resolved via binding arbitration initiated through the American Arbitration Association (“AAA”). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) if either party requests an in-person hearing the process shall be governed by subsection (c) below, otherwise, the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Dallas County, Texas who is approved or otherwise affiliated with the AAA; (c) if either party requests an in-person hearing, (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration shall proceed as described in subsection (a) above, (ii) if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is reasonably convenient to you and is selected by the arbitrator, and (iii) either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this “Resolution of Disputes” section. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRAXO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Dallas County, Texas.
  • Improperly Filed Claims– All Claims you bring against us must be resolved in accordance with this “Resolution of Disputes” section. All Claims filed or brought contrary to this “Resolution of Disputes” section shall be considered improperly filed and void. Should you file a Claim contrary to this “Resolution of Disputes” section, we may recover attorneys’ fees and costs up to US$1,000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

General Provisions

Traxo operates the Service from its headquarters in Dallas, Texas, and makes no representation that the Materials or any Third Party Content in connection with the Service are appropriate or will be available for use in locations other than the United States. If you use the Service you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Traxo to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Traxo in writing. This Agreement and the Privacy Policy comprise the entire agreement between you and Traxo and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Effective Date

This Agreement is effective as of: May 1, 2017.

Have a question, concern, or comment about this User Agreement? Please Contact Traxo Support.