Welcome to GoWomple! These Terms of Use (these “Terms”) are entered into between you and Travel Womple Corp. (“Womple,” “we” or “us”) and govern your access to and use of our website https://www.gowomple.com/, as well as all related websites, networks, embeddable widgets, downloadable software, mobile applications (including phone, tablet, and other applications), and other services provided by us and/or on which a link to these Terms is displayed (collectively, the “Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU CLICK “I AGREE” OR USE THE SERVICES.  BY CLICKING “I AGREE” OR USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF AND AGREE TO BE BOUND BY THEM. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LEGAL DISPUTES PROVISION IN SECTION 20 BELOW, WHICH PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION.  CERTAIN RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED.  YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS LEGAL DISPUTES CLAUSE IS APPROPRIATE FOR YOU.  YOU CAN OPT OUT OF THIS LEGAL DISPUTES CLAUSE BY FOLLOWING THE INSTRUCTIONS IN SECTION 20.

 

Section 1.             Acceptance of the Terms.

1.1          Please read these Terms carefully before you use the Services. By using the Services, you accept and agree to be bound and abide by these Terms, including our Privacy Policy and any additional terms, conditions, and policies referenced in these Terms and/or available by hyperlink. If you do not agree to these Terms, you must not access or use the Services.

1.2          The Services are not intended for users younger than 18. If you are not at least 18, you must not access or use the Services. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.

Section 2.             Services Overview.  Our Services allow users to find local day trips, explore itineraries, budget for trips, and so much more. The Services may contain message boards, chat rooms, personal web pages, profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services. All such User Content must comply with these Terms, including without limitation Section 7 Prohibited Uses and Section 8 User Content.

Section 3.             Changes to the Terms.  We may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means you accept and agree to the changes. We encourage you to check these Terms often for updates.

Section 4.             Accessing the Services and Account Security.

4.1          To access the Services, you may be asked to provide certain registration details or other information. As a condition of your use of the Services, all information you provide on the Services must be correct, current, and complete. You agree that all information you provide to us, including but not limited to through the use of any interactive feature, is governed by our Privacy Policy. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.

4.2          If you choose, or are provided with, a username, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree to accept responsibility for all activities that occur under your account. You agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.

4.3          We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Section 5.             Intellectual Property.

5.1          The Services and all contents, features, and functionality thereof (including but not limited to all information, software (including source code or object code), text, products, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all other elements of the Services (collectively, the “Materials”) are owned by Womple, its licensors, or other providers of such material, and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly authorized by Womple or as required by applicable law, you may not make use of the Materials. Womple reserves all rights to the Materials not granted expressly in these Terms

5.2          Subject to the terms and conditions of these Terms, Womple grants you a limited, revocable, non-exclusive, and non-sublicensable license to use the Services for your personal and non-commercial use. We reserve the right to withdraw or amend the Services, and any service or material we provide with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services. The license in this Section 5 states the entirety of your rights with respect to the Services, and we reserve all rights not expressly granted to you in these Terms.

5.3          Without limiting the foregoing, you will not, or authorize or permit any third party to, do any of the following: (i) distribute, license, or sell the Services; (ii) use the Services for any purpose other than your own internal, noncommercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Services; (iv) modify, alter, or create any derivative works of the Services; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services; or (vi) use the Services in any unlawful manner or for any unlawful purposes.  In the event of misuse of the Services, we will have the right to immediately terminate your use of the Services at any time and in our sole discretion upon written notice to you (of which email will suffice) and, upon such revocation by us, you will immediately cease use of the Services.

Section 6.             Trademarks. The Womple names and trademarks, and all related names, trademarks, logos, product and service names, designs and slogans are trademarks and trade names of Womple or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7.             Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

7.1          Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to or from the US or other countries).

7.2          Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

7.3          Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Services accounts of others without permission, or falsifying your age or date of birth.

7.4          Violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights.

7.5          Sell or otherwise transfer the access granted herein or any Materials or any right or ability to view, access, or use any Materials.

7.6          Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the User Content standards in Section 8 of these Terms.

7.7          Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

7.8          Interfere with the operation of the Services or any user's enjoyment of the Services, including without limitation by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Services; (iii) collecting personal information about users or third parties without their consent; (iv) using any device, software, or routine that interferes with the proper working of the Services; (v) attacking the Services via denial-of-service attack or distributed denial-of-service attack; or (vi) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures for those networks, equipment, or servers.

7.9          Use any robot, spider, or other automatic or manual device, process, or means to access the Services for any purpose, including monitoring, copying, or scraping any of the material or information on the Services.

7.10        Otherwise attempt to interfere with the proper working of the Services or engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Womple or users of the Services, or expose them to liability.

Section 8.             User Content.

8.1          These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

•             Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

•             Promote or include sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

•             Contain personal attacks against other participants, name-calling, slurs, hate speech, or bigotry.

•             Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

•             Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

•             Promote any illegal activity, or advocate, promote, or assist any unlawful act.

•             Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

•             Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

•             Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

•             Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

8.2          You retain ownership of your User Content. Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual, irrevocable, and worldwide right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose consistent with our Privacy Policy.

8.3          We may offer features that enable you to make User Content available to others (whether publicly or to a specified group). We do not have the ability to control what any third party may do with User Content and we are not responsible for those actions. Once User Content has been shared, those with access to it may be able to reshare, publish, re-use, modify, or otherwise exploit User Content, so please carefully consider what you choose to share before you share it.

8.4          You are solely responsible for User Content associated with your account and the consequences of uploading, posting, or sharing that User Content. By uploading, posting, or sharing User Content, you affirm, represent, and warrant that:

8.4.1      you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Womple and others, as described in this Section, to exercise the rights and permissions granted by you in this Section; and

8.4.2      your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.

8.5          We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Womple may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Womple with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

Section 9.             Feedback. From time to time, you may provide to Womple (either on your own accord or at our request) feedback, analysis, suggestions and comments (including, but not limited to, bug reports and test results, and design suggestions or ideas) related to the Services (collectively, “Feedback”).  As between you and Womple, all right, title and interest in and to any such Feedback will be owned by Womple.  You agree that Womple will have the perpetual, irrevocable, and worldwide right to make, use, sell, offer to sell, import, copy, reproduce, distribute, perform, display, create derivative works, modify, license, sublicense, and otherwise exploit all or part of the Feedback or any derivative thereof in any manner or media now known or hereafter devised without any remuneration, compensation, credit, or notice to you.

Section 10.          Copyright Complaints.

10.1        If you believe any materials accessible on the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:

•             Your physical or electronic signature.

•             Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.

•             Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

•             Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

•             A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

•             A statement that the information in the written notice is accurate.

•             A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

10.2        Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:

GOWOMPLE Copyright Agent

Stoel Rives LLP

201 South Main St., Suite 1100

SLC, UT 84111

801-328-3131

Cr-slc@stoel.com

 

Section 11.          Monitoring and Enforcement; Termination.

11.1        We have the right to (i) remove or refuse to post any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Womple; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; or (iv) take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Services.

11.2        Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS WOMPLE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WOMPLE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WOMPLE OR LAW ENFORCEMENT AUTHORITIES.

11.3        If you violate any provision of these Terms, Womple may immediately suspend or terminate your access to and use of the Services, in its sole discretion, with or without notice to you.  We also reserve the right to modify or discontinue the Services at any time (including, without limitation, by limiting or discontinuing certain features of the Services) without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.

Section 12.          Reliance on Information Posted.

12.1        The information presented on or through the Services is made available only for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We cannot guarantee that all locations are accurate on our maps. In some instances, we may use third-party data such as Google Maps. Although their data is generally accurate, errors may occur. Please do not rely on our Service at the risk of your safety or the safety of others. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

12.2        The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Womple, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Womple. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12.3        As part of the Services, we may post information related to events occurring in your area (“Events”). All information we post related to Events is for general information purposes only. We do not endorse or sponsor the Events, and you shall be solely responsible for confirming the Event’s authenticity before attending. By attending the Event, you do so solely at your own risk and we are not responsible for any harm or damages that may occur as a result of such attendance.

Section 13.          Changes to the Services. We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Section 14.          Information About You and Your Visits to the Services. All information we collect on or through the Services is subject to our Privacy Policy. By using the Services, you consent to any and all actions taken by us with respect to your information in compliance with the Privacy Policy.

Section 15.          Links from the Services.

15.1        Womple may provide tools through the Services that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Womple with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Those third-party services are not under our control, and we are not responsible for their use of your exported information.

15.2        If the Services contain links to other sites or resources provided by third parties, these links are for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of other sites or resources. We accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such website.

Section 16.          Geographic Restrictions. Womple is based in the United States. We make no claim that the Services is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative. You are solely responsible for compliance with local laws. Although the Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Womple reserves the right to limit, in its sole discretion, the provision and quantity of any Service to any person or geographic area. Any offer for the Services is void where prohibited.  The Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. You shall not, and shall not permit any third parties to, directly or indirectly, export, reexport, or release any Services to any jurisdiction or country to which, or any party to whom, the export, reexport, or release of any Services is prohibited by applicable federal or foreign law, regulation, or rule.

Section 17.          Disclaimer of Warranties.

17.1        THE SERVICES, INCLUDING ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WOMPLE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WOMPLE DOES NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

17.2        YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGS WITH OTHER USERS OF THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND ACCESS, DOWNLOAD, USE, AND/OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING TO YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

17.3        SOME JURISDICTIONS MAY PROHIBIT SOME DISCLAIMERS OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Section 18.          Limitation on Liability.

18.1        IN NO EVENT WILL WOMPLE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WOMPLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

18.2        YOU AGREE THAT THE AGGREGATE LIABILITY OF WOMPLE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100 U.S. DOLLARS.

18.3        SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

18.4        EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Section 19.          Indemnification. You agree that you will be responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Womple and its affiliates, and their respective officers, directors, employees, consultants, and agents (“Womple Entities”)from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced in the Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.  Notwithstanding the foregoing, your indemnification obligations do not include any obligation to indemnify Womple Entities for claims to the extent that they are caused solely by a Womple Entities’ infringement or misappropriation of third-party intellectual property rights, gross negligence, violation of applicable law, or breach of these Terms.

Section 20.          Legal Disputes. 

20.1        Law for Legal Disputes. All disputes arising out of or relating to these Terms (“Disputes”) will be governed by and construed in accordance with the laws of the State of Wyoming, excluding Wyoming conflict of law rules.

20.2        Binding Arbitration.

20.2.1    In the interest of resolving Disputes between you and Womple in the most expedient and cost effective manner, you and Womple agree that any and all Disputes will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WOMPLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

20.2.2    Any arbitration between you and Womple will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at https://www.adr.org/  , by calling the AAA at 1-800-778-7879, or by contacting Womple.

20.2.3    A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Womple's address is set forth in Section 21.  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement within 30 days after the Notice is received, you or Womple may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Womple will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

20.2.4    If you commence arbitration in accordance with these Terms, Womple will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, CA, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Womple for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

20.2.5    Notwithstanding this subsection, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement or misappropriation claims.

20.3        Jury Trial Waiver. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

20.4        Class Action Waiver. NEITHER PARTY TO THESE TERMS MAY ASSERT CLAIMS AGAINST THE OTHER PARTY ON BEHALF OF OTHERS (E.G., IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY) IN A LITIGATION, ARBITRATION OR ANY OTHER PROCEEDING ARISING OUT OF OR RELATING TO A DISPUTE, AND NEITHER THE COURT NOR ANY ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD RELIEF FOR OR AGAINST ANYONE ON A CLASS OR REPRESENTATIVE BASIS. 

20.5        Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS LEGAL DISPUTES PROVISION, IN WHOLE OR IN PART, YOU MUST NOTIFY WOMPLE IN WRITING WITHIN SIXTY (60) CALENDAR DAYS OF THE DATE THAT YOU FIRST RECEIVE THESE TERMS BY MAIL TO THE ADDRESS IN SECTION 21.  YOUR NOTIFICATION MUST INCLUDE YOUR ACCOUNT NUMBER AND A CLEAR STATEMENT OF YOUR INTENT, SUCH AS “I REJECT THE CLASS ACTION WAIVER IN WOMPLE’S TERMS” OR “I REJECT THE LEGAL DISPUTES CLAUSE IN WOMPLE’S TERMS.” YOUR DECISION TO OPT OUT OF THIS LEGAL DISPUTES PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. 

20.6        Severability.  If any part of this Legal Disputes clause is determined to be void or unenforceable for any reason, the remainder of this Legal Disputes clause shall remain in effect to the maximum extent possible, and the void or unenforceable part shall be severed from the rest of the Terms.  However, any disputes as to the validity of this Legal Disputes clause, including the waiver of rights to participate in any class action, shall be determined by a court of competent jurisdiction.  Notwithstanding the foregoing, in the event that the class action (or similar representative action) waiver in this Legal Disputes clause is deemed invalid or unenforceable, then the entire Arbitration Option clause shall be null and void.

20.7        Survival. This Legal Disputes clause shall survive any expiration or termination of these Terms or your Services with Womple.

Section 21.          Notices. Except as specified otherwise in these Terms, all notices to Womple must be sent to 45 Summit Ridge PL, Woodside, CA 94062 by certified mail, and will be deemed given upon receipt by Womple. All notices by Womple to you will be sent to the email address you have made available to Womple, and will be deemed given on the day sent.

Section 22.          Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Section 23.          General Terms.  These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Womple with respect to the Services and supersede all prior agreements with respect to the Services. Except as expressly permitted herein, the Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. If any provision of these Terms is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court shall fully enforce the resulting Terms.  Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

Section 24.          Your Comments and Concerns. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to is lukas@travelwomple.com.