TERMS AND CONDITION OF USE

Terms and Conditions of Use

Please read these Terms of Service and Conditions of Use carefully before using this site. The following terms of service and conditions of use (the “Terms and Conditions”) govern your (“You”) use of the use of, without limitation, several Triphelpmate/Philtravelclub publications within one common industry category, and all content thereon (the “Site”) as provided by Triphelpmate/Philtravelclub(“Triphelpmate” or “we”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
Services Available on the Site.
Triphelpmate/Philtravelclub may make certain services available to individuals who register on the Site (“Registered Users”) and general visitors to the Site (“Visitors”) (Registered Users and Visitors are collectively referred to as “Users”). For example, Users may be able to register to receive a print publication or an e-mail newsletter, participate in forums or moderated discussions with other Users, post comments on a bulletin board, post and respond to classified ads, or enter a sweepstakes (collectively, “Services”, and with the Site, the “Site”). Users may also access articles and perform research.

Triphelpmate/Philtravelclub may make certain forums available on the Site that allow Registered Users the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively, “Forums”). Registered Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is generally accessible to and may be collected and used by other Registered Users, as well as Visitors, and may result in unsolicited online and offline messages from such viewers. Registered Users are encouraged to exercise discretion when providing personal information about themselves in and through Forums.

Internet Access.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. Triphelpmate/Philtravelclub shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.

Proprietary Rights.
As between you and Triphelpmate/Philtravelclub, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features, materials or hotel classifications you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.

User Information.
In the course of your use of the Site, you may be asked to provide certain information about yourself to us (“User Information”). Triphelpmate/Philtravelclub information collection and use policies with respect to such User Information are set forth in the Site Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Submitted Material.
Any information or material that you submit or send to Triphelpmate/Philtravelclub or otherwise make available on or through the Site (“Your Material”) will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you:

• Agree and acknowledge that Your Material will not be treated as confidential or proprietary.
• Represent and warrant that Your Material:
• Is original to you and that no other party has any rights to the material;
• Does not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful;
• Does not contain a virus or other harmful component; and
• Does not contain,unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.
• Grant Triphelpmate/Philtravelclub the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in Your Material have been waived.

No Endorsement.
Triphelpmate/Philtravelclub does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does Triphelpmate/Philtravelclub endorse any opinions expressed by Users or others, such as responses provided in the “Ask the Expert” portions of the Site. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not represent the views of Triphelpmate/Philtravelclub.

Unsolicited Materials.
Unless specificallyr equested, Triphelpmate/Philtravelclub does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.

User Conduct.
You warrant and agree that, while using the Site, you shall not:
• Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
• Restrict or inhibit any other User from using and enjoying the Site;
• Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• Impersonate, or misrepresent your affiliation with any other person or entity;
• Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
• Engage in spamming or flooding; or
• Attempt to gain unauthorized access to other computer systems through the Site.

Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User’s use of the Site at any time in our sole discretion.

You agree to defend, indemnify and hold Triphelpmate/Philtravelclub, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.

DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRIPHELPMATE/PHILTRAVELCLUB DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TRIPHELPMATE/PHILTRAVELCLUB MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIPHELPMATE/PHILTRAVELCLUB OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

LIMITATION OF LIABILITY.
IN NO EVENT SHALL TRIPHELPMATE/PHILTRAVELCLUB OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF TRIPHELPMATE/PHILTRAVELCLUB OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL TRIPHELPMATE/PHILTRAVELCLUB BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,  TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF TRIPHELPMATE/PHILTRAVELCLUB TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO TRIPHELPMATE/PHILTRAVELCLUB FOR YOUR ACCESS TO OR USE OF THE SITE.

Links to Other Sites.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites are provided as a  convenience to you, and do not constitute an endorsement by or association with TRIPHELPMATE/PHILTRAVELCLUB of such sites or  the content, products, advertising or other materials presented on such sites TRIPHELPMATE/PHILTRAVELCLUB does not author, edit, or monitor these Linked Sites. You acknowledge and agree that TRIPHELPMATE/PHILTRAVELCLUB is not 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 such Linked Sites.

Your California Privacy Rights
Under a provision of California law, a California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an opt-out or opt-in choice for use of your personal information by third parties for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options. Because this Site is intended for use on a business-to-business basis, this provision of California law will not apply, in most cases, to the information collected. To the extent an California resident using this Site for personal, family, or household purposes seeks information covered the law, this Site qualifies for the alternative  option. As stated in our Privacy Policy, users of the Site may opt-out or opt-in to the use of your personal information by third parties. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information during the preceding year for marketing purposes. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt-in to such use when you provide personal information on the Site. Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use  information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. California residents who utilize this Site for personal, family, or household purposes may request further information about our compliance with this law by e-mailing nelson@triphelpmate.com. Youshould put the statement “Your California Privacy Rights” in the subject field of your email. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.

Applicable Laws.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous.
The Terms and Conditions and the relationship between you and TRIPHELPMATE/PHILTRAVELCLUB shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and TRIPHELPMATE/PHILTRAVELCLUB agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You and TRIPHELPMATE/PHILTRAVELCLUB each agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York The failure of TRIPHELPMATE/PHILTRAVELCLUB to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Modifications to the Site and the Services.
We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Digital Millennium Copyright Act Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• 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.  
nelson@triphelpmate. com

Your Consent To Terms and Conditions By Use Of The Site . By use of the Site, you consent to the Terms and Conditions as specified herein. If you do not agree to the terms of the Terms and Conditions, please do not use the Site. Any changes to these Terms and Conditions will be posted to the Site.


This Site is operated by:
Triphelpmate.com
84-20 Charlecote Ridge

Jamaica NY 11432

HOME – PRIVACY

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