| Touchtrips Terms and Conditions |
In this Agreement, “we” means Touchtrips, and “User” and “you” mean any user of the Services. This Agreement incorporates Touchtrips’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Touchtrips Policies”).
By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services.
Touchtrips may update or revise this Agreement (including any Touchtrips Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Touchtrips, any use of the Services (e.g., the use of the Reservation Services) is subject to the version of this Agreement in effect at the time of use.
Part I - Reservation Services
1. Reservations. Touchtrips provides the Reservation Services to User for the purpose of assisting User in securing dining or experience reservations at participating third-party vendors. In response to a User’s online request for a reservation through the Touchtrips Site or Touchtrips Application, Touchtrips directly contacts the vendors’s Touchtrip’s mobile reservations system. The availability of reservations is determined by the third-party vendor. Once a reservation is made by User through the Touchtrips Site or Touchtrips Application, Touchtrips will provide confirmation of the reservation to User via Touchtrips Application.
2. No-Show Policy. Touchtrips is committed to providing superior quality services to Users and Vendors. To assist us in maintaining a consistently high level of service for the vendors and their customers, Users must cancel any reservations that they will be unable to honor at least 30 minutes in advance of the reservation. You may cancel your reservation via the Touchtrips Site or Touchtrips Application. You may be required to cancel your reservation in accordance with the vendor’s cancellation policy, which is disclosed at the time the reservation is made.
If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, Touchtrips will send you an email letting you know that our records indicate that you were a no-show. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be terminated if you are a no-show for four reservations within a 12-month period. User agrees that all final no-show determinations will be made by Touchtrips in its sole discretion.
3. Usage Guidelines. User agrees to use the Reservation Services only to book reservations at vendors and then honor those reservations by arriving at the described location on time and ordering and paying for services. Resale or attempted resale of reservations is prohibited and is grounds for, among other things, cancellation of your reservations or termination of your access to the Services.
Part IV – Terms for All Services
5. Your Account. You must create an account with Touchtrips through the Touchtrips Site or Touchtrips Application (“Account”) in order to use the Reservation Services When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Touchtrips registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Touchtrips of any unauthorized use of your Account or any other breach of security related to your use of the Services.
8. Modifications to Services. Touchtrips reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Touchtrips Site, Touchtrips Application, Restaurants, and/or Merchants. Touchtrips shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
9. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Touchtrips Content”) are provided to User by Touchtrips or its partners or licensors solely to support User’s permitted use of the Services. The Touchtrips Content may be modified from time to time by Touchtrips in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Touchtrips Content by User shall constitute a material breach of this Agreement. Touchtrips and its partners or licensors retain all rights in the Services and Touchtrips Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Touchtrips or any third party is granted under this Agreement.
10. Application License. Subject to the terms and conditions of this Agreement, Touchtrips grants User a non-exclusive, non-transferable, revocable license to use the Touchtrips Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
11. Use Restrictions. The Services and Touchtrips Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Touchtrips expressly reserves all its rights and remedies under applicable state and federal laws. Touchtrips reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Touchtrips Content, except as expressly authorized by Touchtrips; (2) take any action that imposes or may impose (in Touchtrips’s sole determination) an unreasonable or a disproportionately large load on the Services or Touchtrips’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Touchtrips Content to a third party; (5) use any portion of the Services or Touchtrips Content to provide, or incorporate any portion of the Services or Touchtrips Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Touchtrips); (7) modify any Services or Touchtrips Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Touchtrips Content; (9) use the Services or Touchtrips Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Touchtrips Content or access or use the Services or Touchtrips Content for competitive analysis or benchmarking purposes.
13. Termination. Touchtrips may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Touchtrips may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Touchtrips Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that Touchtrips shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Touchtrips will have no liability whatsoever.
14. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Touchtrips and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Touchtrips’s request) defend Touchtrips, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Touchtrips Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
15. Disclaimer of Warranties. THE SERVICES, ALL TOUCHTRIPS CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TOUCHTRIPS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. TOUCHTRIPS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TOUCHTRIPS WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. TOUCHTRIPS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TOUCHTRIPS.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than Touchtrips. Such hypertext links are provided for User’s reference only, and Touchtrips does not control such websites and is not responsible for their content. Touchtrips’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Touchtrips assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.
17. Release. Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any product or service of any Restaurant or Merchant. You hereby release the Touchtrips Parties from any and all such Claims. You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Touchtrips Parties pertaining to the subject matter of this Section 17.
18. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Again, we cannot take action unless you give us all the required information.
19. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
20. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Touchtrips.
21. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
REVISION DATE: July 08, 2016