- Terms of Use Agreement

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing The App

Effective Date: This Terms of Use Agreement was last updated on 05/01/2018.

This Terms of Use Agreement sets forth the standards of use of International Trip Planning Service’s® (“ITPS”) iTrip® Trip Management Application (“iTrip” or the “App”). By using iTrip, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this App. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the iTrip® website or iPad® app. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Description of Service

    ITPS is providing Member with access to iTrip. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.

  2. Modifications and Interruption to Service

    ITPS reserves the right to modify or discontinue the Service with or without notice to the Member. ITPS shall not be liable to Member or any third party, should ITPS exercise its right to modify or discontinue the Service. Member acknowledges and accepts that ITPS does not guarantee continuous, uninterrupted or secure access to our App and operation of our App may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  3. Third-Party Sites

    Our App may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third parties’ sites.

  4. Disclaimer Regarding Accuracy of Vendor Information

    Product specifications and other information on iTrip have either been provided by outside parties that ITPS has contracted with (Vendors) or collected from publicly available sources. While ITPS makes every effort to ensure that the information on this App is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this App.

    ITPS makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  5. Disclaimer of Warranties

    The site is provided by ITPS on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ITPS makes no representations or warranties of any kind, express or implied, regarding the use or the results of this app in terms of its correctness, accuracy, reliability, or otherwise. ITPS shall have no liability for any interruptions in the use of this app. ITPS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied WARRANTIES; therefore the above-referenced exclusion is inapplicable.

  6. Limitation of Liability

    ITPS SHALL NOT be liable for any damages whatsoever, and in particular ITPS shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this app or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ITPS has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  7. Indemnification

    Member agrees to indemnify and hold ITPS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

  8. Governing Jurisdiction of the Courts

    This App is operated and maintained from the State of Texas. Unless expressly stated otherwise, these terms and your use of this App are governed by the laws of Texas. Further, ITPS makes no representation that our App or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.

  9. Compliance with Laws

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  10. Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof (but excluding airport data provided by AC-U-KWIK®) is ©2009-2024 ITPS, with all rights reserved, or is the property of ITPS and/or third parties (such a AC-U-KWIK®) protected by intellectual property rights. Any use of materials on the App, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ITPS is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ITPS.

    ITPS® and iTrip®, are proprietary marks of ITPS. ITPS® and iTrip®, may not be used in connection with any product or service that is not provided by ITPS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ITPS.

    All other trademarks displayed on the ITPS App are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the Apps of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with ITPS.

  11. Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ITPS designates the following individual(s) as its agent for receipt of notifications of claimed copyright infringement.

    Capitol Corporate Services, Inc.
    202 South Minnesota Street
    Carson City, NV 89703

  12. Access Termination

    Member or ITPS may terminate a Member’s access at any time, without prior notice.

  13. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by ITPS, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.