TripLittle.com

Terms of Use (v2.0, April 20 2010)

Thank you for using Trip Little! This page represents our complete terms of use and service. Please read over it carefully before registering and using this site so that we're all on the same page in terms of what to expect. If you have any questions about this document, please contact us!

Unless other wise noted, all material is the sole property of TripLittle, LLC and may not be redistributed or copied in any way.

In this document "the site" refers to TripLittle.com and all files, sub-directories and sub-domains therein. "You" refers to any user of this site. "We" refers to TripLittle, LLC and the administrators of Trip Little. "Products" and "Services" refer to any digital material within the site and any functionality available to a user on the site unless a specific service is mentioned.

1. ACCEPTANCE

By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use and any other posted guidelines or rules applicable to any individual site web page, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms of Use.

Please read these Terms of Use and our Privacy Policy carefully as they contain important information regarding your legal rights, remedies and obligations with respect to use of the Products and Services. If you do not agree to these Terms of Use, you have no right to access or use the Products and Services, and you shall stop accessing or using the Products and Services immediately. Your continued access to or use of the Products and Services indicates your acknowledgment that you have read and accepted these terms, as they may be updated or amended from time to time. If these Terms of Use are void or prohibited by the laws of any jurisdiction, your right to access or use the Products and Services is revoked in such jurisdiction.

Please note that these Terms of Use contain certain disclaimers and limitations of damages that limit your remedies against us. You agree that those limitations, as more fully set forth below, are fundamental elements, and form the basis, of the bargain between us and you.

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2. CONDITIONS AND RESTRICTIONS ON USE

Use of the Products and Services is subject to compliance with these Terms of Use. You acknowledge and agree that we may terminate your access to this or to any of the Products and Services should you fail to comply with the Terms of Use or any other guidelines and rules published by us with regard to the site or the Products and Services. Any such termination shall be at our sole discretion and may occur without prior notice, or any notice. We further reserve the right to terminate any user's access to this site or to any of the Products and Services for any conduct that we - at our sole discretion - believe is, or may be, directly or indirectly harmful to other users, to us, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations.

Be aware that the majority of this site is for general audiences, although there are no physical restrictions on material posted to public areas (such as forums or blogs). And while we have the right to moderate these areas, we assume no responsibility for any material posted by third parties or our users on this site.

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3. REGISTRATION AND PRIVACY

Certain Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by our registration forms and (b) you will maintain and promptly update any such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is so, we retain the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

Our policies concerning privacy are set forth in our Privacy Policy.

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4. RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (a) the online conduct of such a minor; (b) controlling the minor's access to and use of the Products and Services; and (c) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THIS SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

Notwithstanding the foregoing, minors under the age of 13 years old are not permitted to use the Products and Services.

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5. MEMBER AND USER CONDUCT

Upon registering, you will receive a username and password. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that your session is protected from unsolicated access by others. This includes logging off of the site when you are finished using it; or if using a "remember me" style feature that allows for long-duration access, you agree to not compromise your account (or others) by using this feature on a public computer system. We cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, photographs, pictures, graphics, chat, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not we, are entirely responsible for all Content that you upload, post, email or otherwise transmit to the site via the Services.

We reserve the right, but are not obligated, to monitor some, all, or no areas of the Products and Services for adherence to these Terms of Use or any other rules or guidelines posted by us.

You agree that you will not use our Products and Services to:

• Upload, post, email, link to, or otherwise transmit any Content which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, or ethnically motivated or otherwise objectionable.
• Upload, post, email, link to, or otherwise transmit any Content that promotes illegal activity, including - without limitation - the provision of instructions for illegal activity.
• Make any sexual request on behalf of a minor or make any sexual request of a minor.
• "Stalk" or otherwise harass another.
• Collect or store personally identifying information about other users for commercial or unlawful purposes.
• Impersonate any person or entity, including, but not limited to, an official, employee, administrator, developer or owner of our company, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Upload, post, email, link to, or otherwise transmit any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.
• Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases or web pages.
• Access the Products and Services after your account or access has been suspended or terminated by us.

You expressly acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of us, our users, or the public.

We also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, you still maintain your right to use that specific Product or Service; however, you may need to register again in order to do so.

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6. CONTENT

The Services and Products are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, we and our licensors exclusively own all right, title and interest in and to the Services and Products, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Products.

All trademarks, service marks, logos, trade names and any other proprietary designations of ours used in the Services or Products are trademarks or registered trademarks of ours. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

You may download, view and print any of our content solely for your own personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use or provided in association with the content. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Products, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use.

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7. COPYRIGHT POLICY

We respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on a site that we host or operate in a way that constitutes copyright infringement, please notify us as follows:

Our Designated Agent for receipt of Notification of Claimed Infringement is:

TripLittle, LLC
Attn: Jordan Kasper
809 Boscobel St, Nashville, TN, 37206
512.669.5673
support@TripLittle.com

If you believe that content posted by one of our users infringes on your copyrights, you must send a Notification of Claimed Infringement to the Designated Agent listed above containing the following information: (i) signature of the copyright owner or their agent, (ii) identification of the copyright work claimed to have been infringed, (iii) identification of the material that is claimed to be infringing, and information sufficient to locate the material, (iv) information on how to contact the complaining party, (v) a statement of your good faith belief that use of the material in the manner is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the material that is allegedly infringed.

Upon receipt of a Notification of Claimed Infringement that meets the requirements set forth above, we will promptly remove or block access to the allegedly infringing material, and we will notify the user who posted the material. Upon receipt of a notification that does not comply with the requirements listed above, but which substantially identifies the copyrighted material, the infringing material, and you, we will take reasonable steps to assist in the receipt of proper notification.

If you receive notification from us that we have blocked allegedly infringing material posted by you, you may send a written counter-notification to the Designated Agent listed above containing the following information: (i) your signature, (ii) identification of the material that has been blocked or removed, (iii) statement under penalty of perjury that you have a good faith belief that the removal or blockage was a result of mistake or misidentification of the material, and (iv) your name, address, and phone number and a statement that you consent to jurisdiction of the U.S. District Court for the Middle District of Tennessee, and that you will accept service of process from the complaining party or their agent.

Upon receipt of counter-notification meeting the requirements set forth above, we will notify the complaining party that we will replace or unblock the material in ten business days unless we receive notice that the copyright owner has filed a court action seeking to restrain the alleged infringement.

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8. DISCLAIMERS

We have no special relationship with or fiduciary duty to any user. You acknowledge that by accessing or using the Products and Services, you may be exposed to content that violates these Terms of Use or is otherwise offensive. You use the Products and Services at your own risk. We make no representations whatsoever concerning, and shall not be responsible or liable for, the accuracy, completeness, copyright compliance, legality or appropriateness of any content. User content does not reflect the opinions or policies of our company. Any reference to any person or entity, product, material or service made on the Products and Services does not constitute an endorsement or recommendation by us or our officers, directors, employees, and agents. Furthermore, we do not warrant that the Products or Services or any of the content is free from errors, defects, viruses or other harmful components. We are not responsible for, and makes no guarantee of, the performance or action of any user of the Products and Services. We have no responsibility for any harm to any devices, including but not limited to your computer system, wireless device, network attached storage devices or other devices, or other loss of data, or other harm that results from your access to or use of the Products or Services or content.

Other than those expressly stated in our Privacy Policy, we have no duty of confidentiality with regard to the information or any Content submitted by you.

We will use reasonable efforts to maintain the security and integrity of certain information you provided, but we cannot guarantee that unauthorized access to or alteration of your information will never occur and you agree that we are not responsible for unauthorized access to or alteration of the transmissions, data, or material posted on or transmitted through the Products or Services. You understand and agree that we are not responsible or liable for any unauthorized disclosure, access or alteration of your information or content.

THE SITES AND THE SERVICES, AND ANY CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED THEREFROM, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE PRODUCTS OR SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR NEGLIGENCE.

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9. LIMITATION ON DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO A USER (INCLUDING YOU) OR A THIRD PARTY FOR ANY DAMAGES (INCLUDING BODILY INJURY OR EMOTIONAL DISTRESS), LOSS OF MONEY, GOODWILL OR REPUTATION, OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURIES. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OR INVOLVEMENT OF SUCH ADVERTISERS IN THE PRODUCTS AND SERVICES.

IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR PRODUCTS IN THE TWLEVE (12) MONTH TIME PERIOD PRECIDING THE INCIDENT GIVING RISE TO THE ALLEGED CLAIM OR TWENTY US DOLLARS ($20).

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.

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10. INDEMNIFICATION

You agree to indemnify and hold TripLittle, LLC, its employees, agents, officers, directors, independent contractors, partners, licensors and joint venturers harmless from and against all liabilities, damages, costs and expenses (including attorneys fees), incurred in connection with any claim or demand made by any third party arising from (a) your use or access of the Products and Services, (b) your actual or alleged breach of these Terms of Use, or (c) any alleged infringement or violation by you, or anyone using or acting through your user account or password, of a third party's right, including but not limited to intellectual property right and right of privacy. We reserve the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us, and you may not in any event settle any such matter without the written consent of us.

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11. STORAGE

Many features of this site store information on behalf of users. Examples include, but are not limited to financial data or blog postings. We reserve the right, in our sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive.

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12. THIRD-PARTY SERVICES

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

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13. LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of this site or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

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14. CHANGES IN TERMS OF USE AND CHANGES IN PRODUCTS AND SERVICES

We reserve the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. We also reserve the right to modify these Terms of Use from time to time, without notice. Please review these Terms of Use from time to time so you will be apprised of any changes. Your access or use of the Products and Services after any changes constitutes your acceptance of such changes. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Products and Services.

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15. COMMUNICATIONS WITH USERS

We reserve the right to communicate with you regarding your use of the Products and Services with no restriction.

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16. VIOLATION OF TERMS OF USE

Should you violate these Terms of Use or any other rules or guidelines posted, emailed, voiced, or in any other way communicated to users by us, we reserve the right to terminite, without notice, any and all access to this site to any user, or to take any other action that we deem reasonably necessary to protect us, our users, or any third party.

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17. APPLICABLE LAW

The laws of the United States of America, State of Tennessee (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. The parties expressly agree that this Agreement is not governed by the Uniform Computer Information Transactions Act, or any state's version thereof. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement must be brought exclusively in a court of competent jurisdiction sitting in Davidson County, Tennessee, and each party to this Agreement submits to the jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Davidson County, Tennessee; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. Each party hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this Agreement or the use of the Services.

Any controversy or claim arising out of, in connection with, or relating to this Agreement, or any breach thereof, including any issue regarding the interpretation thereof, must be resolved by confidential binding arbitration in Nashville, Tennessee conducted by a single arbitrator in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. The parties agree that the arbitrator has the power to award all costs of the arbitration, including reasonable attorneys fees and expenses, to the prevailing party. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to any other arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Legal notices will be served on our registered agent (in our case) or to the email address you provided to us during registration process and updated from time to time (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may serve you legal notices by mail to the address you provided during the registration process and updated from time to time, in which case notice will be deemed given 3 days after the date of mailing.

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