Last Update: December 9, 2020
1.2. TFS does not directly operate any trips, itineraries, flights, cruises, accommodation, tours, activities, transportation, rentals, or related travel services in any destination (the “Supplier Services”). All Supplier Services listed on our Website are operated by Suppliers, who are independent, third party companies. Participating in Supplier Services is at your own risk.
1.3. Although Travel Advisors may rate, review, and endorse Suppliers on our Website, TFS does not endorse or recommend any Suppliers or their products and services.
1.4. TFS makes no warranty of any kind, either expressed or implied, in relation to the accuracy or correctness of any information that appears on our Website, including descriptions, pricing, photos, reviews, endorsements, or any other information available on our Website. TFS reserves the right to modify, add, or remove any information on our Website at any time, for any reason.
1.6. If you wish to contact TFS, you can do so via the information listed on our Contact Us page: https://trustedfitservices.com/contact-us.
- User Accounts
2.2. You are responsible for safeguarding the password to your User Account. You will be responsible for all use of our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow access to your content. If at any time you have reason to believe that your account it no longer secure (through for example: loss, theft, identity theft, hacking, or unauthorized disclosure or use of your information or computer or mobile device used to access our Website), you are solely responsible to promptly change any and all of your personal information that is affected. You may not share your account login credentials with anyone else. You are responsible for what happens with your account and TFS will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting TFS. We may request some information from you to confirm that you are indeed the owner of your account.
2.3. You are not permitted to create a User Account if you a competitor to TFS, if you are representing someone other than yourself, or if you are engaging in illegal or malicious activity.
2.4. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
2.5. TFS reserves the right to terminate a User Account for any reason, at any time. TFS reserves the right to accept or refuse membership or to restrict use of the Website in our discretion. You may not transfer or assign your membership or any of the Website benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Website at any one time.
- Supplier Accounts
3.1. Supplier Accounts offer various levels of benefits, and each level may have an associated cost. These levels and their respective costs and benefits are listed on our Website at this URL: www.trustedfitservices.com/account/supplier-registration/
3.2. You understand and agree that TFS has no liability for any financial risk, consequence, or default of any Supplier, for any reason.
4.1. TFS may charge Suppliers a fee depending on the type of Supplier Account they choose. Payments can be made with major credit cards and debit cards. All payments are processed by a third-party payment processor contracted by TFS. You agree not to make any chargebacks for any valid charges. You also agree that you will be responsible for all costs and fees, including attorneys’ fees we incur disputing an improper chargeback.
4.2. As per Section 3.1, Supplier Accounts may have associated costs that are charged annually. These costs will be automatically charged on the Renewal Date to the credit card or debit card on file. If you wish to not be charged on the Renewal Date, you must downgrade or cancel your account prior to the Renewal Date.
- User Content
5.1. All content and information that you upload, submit, or otherwise contribute to our Website, including any descriptions, photos, videos, reviews, ratings, endorsements, prices, posts, uploads, and comments (“User Content”) may be altered, modified, or removed at our discretion.
5.2. By submitting User Content to our Website, you grant to TFS a perpetual, non-exclusive, unrestricted, unconditional, unlimited, cost-free, and transferable (in whole or in part) worldwide right and license to use, publish, reproduce, translate, display, modify, transmit, distribute, copy, and otherwise use and exploit in any manner whatsoever, your User Content for any purpose (including, without limitation, advertising, and commercial purposes) in our discretion without notice, attribution, consideration, or compensation to you or to any other person or entity.
5.3. You understand and agree that you will not be compensated for your User Content, regardless of how it is used by TFS.
5.4. If your User Account is terminated for any reason, TFS may continue to use your User Content.
5.5. You confirm that you have the legal right to use and distribute any User Content that you upload or submit to TFS. In the event that you upload or submit anything that infringes on an existing copyright or trademark, you agree to assume all legal and financial liability that may arise from an intellectual property dispute or lawsuit.
- Intellectual Property
6.1. Excluding User Content and other third-party content, our Website, including all content, text, graphics, design, computer code, software, logos, and trademarks are Copyright © – Trusted FIT Services LLC – All Rights Reserved.
6.2. No content, text, graphics, design, computer code, software, logos, or trademarks on our Website or any TFS affiliated product may be reproduced, copied, transferred, downloaded, scraped, databased, or otherwise used or distributed without the prior written consent of TFS.
6.3. TFS endeavors to ensure that all content on our Website is appropriate and that it meets necessary attribution requirements. If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
6.3.1. A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
6.3.2. A description of the copyrighted work that you claim has been infringed upon;
6.3.3. A description of where the material that you claim is infringing is located on the Site;
6.3.4. Your address, telephone number, and e-mail address;
6.3.5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6.3.6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6.4. Our Copyright Agent for notice of claims of copyright infringement on the site can be reached at the following email address: firstname.lastname@example.org. We reserve the right in appropriate circumstances to remove content on the Website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
- Links to Third Party Sites
7.1. Our Website may contain links to third party websites not operated by TFS. These links are for your reference only. TFS does not control these websites and is not responsible for their content or privacy practices. Please take necessary precautions when navigating to third party websites.
- Limitations of Liability
8.1. Suppliers listed on our Website are third party entities and are not agents or affiliates of TFS. TFS is not liable for any injuries, death, sickness, accidents, property damage, delays, neglect, poor weather, negative consequence or expenses caused, made possible by, or associated with any Supplier or Supplier Services.
8.2. TFS is not responsible for any damages, loss of revenue, loss of business, loss of opportunity, loss of reputation, or any negative consequence associated with the use of our Website or any TFS product or service.
8.3. To the extent permitted by law, TFS will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
8.4. OUR WEBSITE, ALL CONTENT AND SERVICES PROVIDED (INCLUDING SOFTWARE) THAT YOU OBTAIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TFS EXPRESSLY DISCLAIMS—TO THE FULLEST EXTENT PERMISSIBLE—ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
8.5. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
9.1. The content and information on our Website (including, but not limited to, price of services) as well as the infrastructure used to provide such content and information, is proprietary to us or our partners and providers. You agree not to do any of the following without our express permission:
9.1.1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website;
9.1.2. Use this Website or its contents for any commercial purpose;
9.1.3. Access our Website with any manual or automated process for any purpose other than your personal use or for inclusion of TFS pages in a search index. Use of any automated system or software to extract data from our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
9.1.4. Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to our Website;
9.1.5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
9.1.6. Deep-link to any portion of our Website (including, without limitation, the purchase path for any travel services) for any purpose;
9.1.7. Use any device, software or routine that interferes or attempts to interfere with the normal operation of our Website or take any action that imposes an unreasonable load on our computer or network equipment;
9.1.8. “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
9.1.9. Post or distribute any material on our Website that violates the rights of any third party or applicable law;
9.1.10. Use our Website to collect or store personal data about others whether through data mining or any other means;
9.1.11. Use any feature of our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
9.1.12. Use any data mining methods whatsoever and for any purposes whatever.
9.2. If your account shows signs of fraud, abuse, or suspicious activity, TFS, in our sole and absolute discretion, may cancel any services associated with your name, email address, or User Account, and close any associated TFS accounts. If you have conducted any fraudulent activity, TFS reserves the right to take any necessary legal action and you may be liable for monetary losses to TFS, including litigation costs and damages. To contest the cancellation or freezing or closure of an account, please contact TFS Customer Service.
- Force Majeure
12.1. We are not responsible for delay or failure of non-performance for any TFS product or service, or the failure of Suppliers, caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; epidemic; pandemic; electrical, internet, or telecommunication outage; or government restrictions. In such instances we will have no liability.
- General Provisions
13.3. We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes.
13.5. Any rights not expressly granted herein are reserved.