Terms of Service
Last Updated: May 26, 2022
Welcome to TRIPP!
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TRIPP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in “Effect of Changes on Arbitration,” you should discontinue using the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
USING THE SERVICES
Eligibility. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
Registration and Your Information. If you want to use certain features of the Services, you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete, and up-to-date Account information and update this information as needed. You shouldn’t disclose your Account password to anyone, and you should notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether you know about them or not.
Session Data. The App may measure, collect and store information or data related to your eye and head movement, heart rate and breathing, and your mood and feelings (measured through your responses to surveys and questionnaires in the App). Such information and data is collectively referred to as “Session Data”.
Processing and Storage of Personal Information. As part of your use of the Services, you agree to the processing and storage of your personal information in the United States, including the processing and storing of your personal information in the United States for the purposes of processing payments and tracking individual use of the Services. By using the Services, you acknowledge that you understand and agree that the United States may not have the same level of protections for your personal information that exists in your country of residence, and you nonetheless consent to the processing and storage of your personal information in the United States. We will take measures as required to comply with applicable law regarding the transfer, storage, and use of certain personal information.
Not a Medical Treatment. Please note that TRIPP does not provide any medical advice, diagnosis or engage in the practice of medicine. The Services are not intended to be and do not constitute a substitute for professional medical advice, diagnosis, or treatment. The Services, and all content made available through the Services, is for informational and entertainment purposes only. You acknowledge and agree that (a) TRIPP is not a healthcare provider or wellness instructor; (b) the Services (including any recommendations and any information available through the Services that may be personalized) may not be appropriate for you and does not constitute or replace medical advice; and (c) TRIPP is not responsible for any results that may (or may not) be obtained from the use of the Services. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment, or disability, including those that may prevent or limit your ability to use the Services. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Services solely in accordance with your personal physician’s advice. You assume full responsibility for the use of any information obtained through the Services and agree that we’re not responsible or liable for any claim, loss, or damage arising from using that information. If you rely on any information provided through the Services, you do so at your own risk.
Personal Non-Commercial Use. The Services are made available solely for personal non-commercial use. You may not exploit the Services or any of its features or Content for commercial or business purposes, or otherwise use the Services in a manner that is inconsistent with these Terms.
Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@TRIPP.com. Any Feedback that you provide to us will be treated as non-proprietary and non-confidential, and you hereby grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any and all purposes, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. Any such Feedback will not be returned to you and TRIPP has no obligation to acknowledge receipt of or respond to any Feedback. If you submit Feedback, you represent and warrant that you own or otherwise control the rights to your Feedback, and you agree to indemnify TRIPP and its affiliates for all claims arising from or in connection with any claims to any rights in any Feedback or any damages arising from any Feedback.
Organizational Offerings. Certain organizations (for instance, universities, hospitals, and companies) (“Organizations”) may purchase and make the Services available to their employees and members. In some cases, these Organizations may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage, or supplementary payment for accessing the Services. In such an event, the additional Organizational terms and conditions shall also apply to your use of the Services. In the event of any conflict with such additional Organizational terms and these Terms, the additional Organizational terms shall prevail.
FEES, SUBSCRIPTIONS, AND VIRTUAL ITEMS
We may charge fees associated with certain Services, including, without limitation, for subscriptions to certain Services (“Subscriptions”), the download of Apps, and the purchase of virtual goods, add-ons, or benefits (“Virtual Items”). Such products or Services may be made available for purchase on specified pages of the Site, within the Apps, on third-party App stores and marketplaces (“App Providers”), or otherwise as indicated through the Services. The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. Your purchase of any App, Virtual Item or other content constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law. All payments for purchases are non-refundable and non-transferable except as expressly provided in these Terms.
If you provide credit card information to us, you represent that you are the authorized user of the credit card that is used to pay the Subscription or other fees. If you order a Subscription, each month that you use the Services, you agree and reaffirm that we are authorized to charge your credit card for the Subscription fee. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.
Subscriptions to TRIPP Services may be made available to you on a monthly, yearly, or other periodic basis. By purchasing a Subscription, you authorize TRIPP (and/or the App Provider concerned) to initiate recurring non-refundable payments until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or TRIPP. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Your purchase of a Subscription is final, and you will not be able to cancel the purchase or receive a refund of your Subscription fee at any time. If something unexpected happens while completing a purchase, we reserve the right to cancel your purchase for any reason. If we cancel your purchase, we’ll refund any payment you have already remitted to us for such purchase. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. You will not receive a refund of any portion of the Subscription fee paid for the then-current Subscription period at the time of cancellation. You can cancel via the Site, or by sending an email to support@TRIPP.com with the subject line “Cancel Subscription” and including your name, email and username associated with your Account, and your desired cancellation date in the body of the email. You will be responsible for all Subscription fees incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.
Certain Services and Virtual Items may be made available to you for a charge. We assume no liability for purchaser error, trial versions, software purchased for the wrong device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item 90 days after the purchase date for any reason. We will not be liable for any errors on billing statements issued to you by your wireless carrier, or any App Provider. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable. Please read the system requirements very carefully before making any purchases.
Virtual Items have no real-world value and cannot be redeemed for actual currency, goods, or other items of monetary value, even if you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion. The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded, or sublicensed.
CONTENT OWNERSHIP, RESPONSIBILITY, AND REMOVAL
Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services.
Our Content Ownership. TRIPP does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, TRIPP and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to TRIPP a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by TRIPP on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You may remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make, or images you provide as part of the Services) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by TRIPP. Subject to your compliance with these Terms, TRIPP grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights in the App Granted by TRIPP. Subject to your compliance with these Terms, TRIPP grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device, VR headset, or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. TRIPP reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing the App. The following Terms apply to any App accessed through or downloaded from any App Provider (like the Meta Quest Store, Apple App Store, or Google Play). You acknowledge and agree that:
- these Terms are concluded between you and TRIPP, and not with the App Provider, and TRIPP (not the App Provider), is solely responsible for the App;
- the App Provider has no obligation to furnish any maintenance and support services with respect to the App; and
- in the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TRIPP.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, TRIPP will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with all applicable third-party terms of service when using the App.
To use the App, your mobile device, VR headset, or computer will need to satisfy certain system requirements. These requirements can be found on our Site and wherever the App is made available by an App Provider.
General Prohibitions; TRIPP’s Enforcement Rights. You agree not to do any of the following:
- post, upload, publish, submit or transmit any User Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Services or any individual element within the Services, TRIPP’s name, any TRIPP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TRIPP’s express written consent;
- access, tamper with, or use non-public areas of the Services, TRIPP’s computer systems, or the technical delivery systems of TRIPP’s providers;
- attempt to probe, scan or test the vulnerability of any TRIPP system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TRIPP or any of TRIPP’s providers or any other third party (including another user) to protect the Services or Content;
- attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TRIPP or other generally available third-party web browsers;
- send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- use any meta tags or other hidden text or metadata utilizing a TRIPP trademark, logo, url or product name without TRIPP’s express written consent;
- use the Services or Content, or any portion thereof, for any purposes related to scientific research, analysis or evaluation, or for any commercial purpose, for the benefit of any third party or in any manner not permitted by these Terms;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. TRIPP respects copyright law and expects its users to do the same. It is TRIPP’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see TRIPP’s Copyright and IP Policy at www.tripp.com/copyright, for further information.
Third-Party Services; Links to Third-Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience. The Services may also support integrations with your accounts for certain third-party services such as Apple Health Kit or Google Fit. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, services or resources. You represent and warrant that you have all rights required to provide us access to any accounts for third-party services you may connect to your Account.
Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@TRIPP.com. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Medical Warranty Disclaimers. YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SERVICES ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH YOUR PERSONAL PHYSICIAN REGARDING ANY MEDICAL CONDITION, IMPAIRMENT, OR DISABILITY, INCLUDING THOSE THAT MAY PREVENT OR LIMIT YOUR ABILITY TO USE THE SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ABIDING BY YOUR PERSONAL PHYSICIAN’S RECOMMENDATION AS TO ANY SUCH MEDICAL RESTRICTIONS, AND FOR USING THE SERVICES SOLELY IN ACCORDANCE WITH YOUR PERSONAL PHYSICIAN’S ADVICE. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM USING THAT INFORMATION. IF YOU RELY ON ANY INFORMATION PROVIDED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between TRIPP and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TRIPP and you regarding the Services and Content. Notwithstanding the foregoing, if you are using the Services upon the request, or at the direction of, your employer or another third party which has entered into a commercial arrangement with TRIPP, the terms and conditions of such agreement will take precedence over these Terms. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without TRIPP’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TRIPP may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Indemnity. You will indemnify and hold harmless TRIPP and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability. NEITHER TRIPP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIPP OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
USE OF THE APP MAY AFFECT HEART AND BREATHING RATE, CAUSE UNINTENDED SIDE EFFECTS SUCH AS MOTION SICKNESS OR DISORIENTATION, OR AGGRAVATE PRE-EXISTING MEDICAL CONDITIONS. YOU EXPRESSLY WAIVE TRIPP’S LIABILITY FOR RISKS INHERENT IN THE USE OF VIRTUAL REALITY SOFTWARE, AND TRIPP WILL NOT BE LIABLE TO YOU FOR ANY CAUSE OF ACTION OR UNDER ANY THEORY OF LIABILITY ARISING FROM SUCH RISKS.
IN NO EVENT WILL TRIPP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO TRIPP FOR USE OF THE SERVICES OR CONTENT OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TRIPP, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIPP AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and TRIPP are not required to arbitrate will be the state and federal courts located in Los Angeles County, California, and you and TRIPP each waive any objection to jurisdiction and venue in such courts.
MANDATORY ARBITRATION OF DISPUTES. WE EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING. YOU AND TRIPP AGREE THAT THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND TRIPP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.
EXCEPTIONS AND OPT-OUT. AS LIMITED EXCEPTIONS TO “MANDATORY ARBITRATION OF DISPUTES” ABOVE: (I) YOU MAY SEEK TO RESOLVE A DISPUTE IN SMALL CLAIMS COURT IF IT QUALIFIES; AND (II) WE EACH RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO PREVENT (OR ENJOIN) THE INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, YOU WILL RETAIN THE RIGHT TO OPT OUT OF ARBITRATION ENTIRELY AND LITIGATE ANY DISPUTE IF YOU PROVIDE US WITH WRITTEN NOTICE OF YOUR DESIRE TO DO SO BY EMAIL AT SUPPORT@TRIPP.COM WITHIN THIRTY (30) DAYS FOLLOWING THE DATE YOU FIRST AGREE TO THESE TERMS.
CONDUCTING ARBITRATION AND ARBITRATION RULES. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (THE “AAA RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED BY THESE TERMS. THE AAA RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. A PARTY WHO WISHES TO START ARBITRATION MUST SUBMIT A WRITTEN DEMAND FOR ARBITRATION TO AAA AND GIVE NOTICE TO THE OTHER PARTY AS SPECIFIED IN THE AAA RULES. THE AAA PROVIDES A FORM DEMAND FOR ARBITRATION AT WWW.ADR.ORG. IF YOUR CLAIM IS FOR U.S. $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF DOCUMENTS SUBMITTED TO THE ARBITRATOR, THROUGH A TELEPHONIC OR VIDEO-CONFERENCE HEARING, OR BY AN IN-PERSON HEARING AS ESTABLISHED BY THE AAA RULES. IF YOUR CLAIM EXCEEDS U.S. $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES. ANY ARBITRATION HEARINGS WILL TAKE PLACE IN THE COUNTY (OR PARISH) WHERE YOU LIVE, UNLESS WE BOTH AGREE TO A DIFFERENT LOCATION. THE PARTIES AGREE THAT THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO DECIDE ALL ISSUES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY AND SCOPE OF THIS ARBITRATION AGREEMENT.
ARBITRATION COSTS. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA RULES. WE’LL PAY FOR ALL FILING, ADMINISTRATION AND ARBITRATOR FEES AND EXPENSES IF YOUR DISPUTE IS FOR LESS THAN $10,000, UNLESS THE ARBITRATOR FINDS YOUR DISPUTE FRIVOLOUS. IF WE PREVAIL IN ARBITRATION, WE’LL PAY ALL OF OUR ATTORNEYS’ FEES AND COSTS AND WON’T SEEK TO RECOVER THEM FROM YOU. IF YOU PREVAIL IN ARBITRATION, YOU WILL BE ENTITLED TO AN AWARD OF ATTORNEYS’ FEES AND EXPENSES TO THE EXTENT PROVIDED UNDER APPLICABLE LAW.
CLASS ACTION WAIVER. YOU AND TRIPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, IF THE PARTIES’ DISPUTE IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION SECTION SHALL BE NULL AND VOID.
EFFECT OF CHANGES ON ARBITRATION. NOTWITHSTANDING THE PROVISIONS OF “CHANGES TO TERMS OR SERVICES” ABOVE, IF TRIPP CHANGES ANY OF THE TERMS OF THIS SECTION “DISPUTE RESOLUTION” AFTER THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS), YOU MAY REJECT ANY SUCH CHANGE BY SENDING US WRITTEN NOTICE (INCLUDING BY EMAIL TO SUPPORT@TRIPP.COM WITHIN 30 DAYS OF THE DATE SUCH CHANGE BECAME EFFECTIVE, AS INDICATED IN THE “LAST UPDATED” DATE ABOVE OR IN THE DATE OF TRIPP’S EMAIL TO YOU NOTIFYING YOU OF SUCH CHANGE. BY REJECTING ANY CHANGE, YOU ARE AGREEING THAT YOU WILL ARBITRATE ANY DISPUTE BETWEEN YOU AND TRIPP IN ACCORDANCE WITH THE TERMS OF THIS SECTION “DISPUTE RESOLUTION” AS OF THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS).
SEVERABILITY. WITH THE EXCEPTION OF ANY OF THE PROVISIONS IN SECTION “CLASS ACTION WAIVER”, IF AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION DECIDES THAT ANY PART OF THESE TERMS IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THESE TERMS WILL STILL APPLY.
Notices. Any notices or other communications provided by TRIPP under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. TRIPP’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TRIPP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact TRIPP at support@TRIPP.com, or at TRIPP, Inc., 5877 Obama Blvd., Los Angeles, CA 90016.