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Terms and Conditions of Service

Last updated: April 27, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://welltraveled.io website (the “Service”) operated by WELL TRAVELED LLC (“us”, “we”, or “our”).“You” and “your” refer to you, as a user of the Service.

Acceptance of Terms and Conditions of Service

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Eligibility

You must be at least eighteen (18) years of age or at least the age of consent in your country of residence to use the Service. By using the Service, you represent and warrant that you are at least eighteen (18) years of age or at least the age of consent in your country of residence and that you can form a binding contract with WELL TRAVELED LLC.

Services Provided

Consultants are expected to be as up-to-date on information about your chosen city as possible. However, detailed information regarding attractions, transportation, restaurants, hotels, etc.,may change from time to time without Consultant’s awareness.  For this reason, you understand that neither Consultants nor Well Traveled LLC can be held accountable for reasonable inaccuracies of recommendations. Additionally, recommendations of Consultants are based on personal experiences and preferences. You understand that recommendations can be subjective, and therefore may not hold the Consultant or Well Traveled LLC responsible for a poor experience based on a Consultant recommendation. Your use of the Service is at your own risk, including the risk that you might be exposed to content that is inaccurate, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

Communications from Well Traveled LLC

By accessing or using the Service, you consent to receive communications from WELL TRAVELED LLC and its Consultants through means such as Zoom video calls, emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote WELL TRAVELED LLC and may be initiated by WELL TRAVELED LLC. You further understand that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) or email address you have provided to us to receive the Service has been changed, disconnected, or terminated. Please note that any communications, including phone calls, with WELL TRAVELED LLC may be monitored and recorded for quality purposes.

Our Right to Use Your Content

“Your Content” means content that you submit or transmit to, through, or in connection with the Service, such as reviews, photos, videos, compliments, or direct messages to WELL TRAVELED LLC or our Consultants. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements social media posts, and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Finally, you irrevocably waive, and cause to be waived, against WELL TRAVELED LLC and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by WELL TRAVELED LLC.

WELL TRAVELED LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that WELL TRAVELED LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

WELL TRAVELED LLC MAY NOT MONITOR, CONTROL, OR VET THE SERVICE OR RECOMMENDATION PROVIDED BY A CONSULTANT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. WELL TRAVELED LLC MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, WELL TRAVELED LLC IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONSULTANT RECOMMENDATIONS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

WELL TRAVELED LLC’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO WELL TRAVELED LLC IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

WELL TRAVELED LLC WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements you might have with us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time and without notice.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at http://welltraveled.io/contact/.