Terms and conditions

#dontknowjustgo

Effective April 16, 2015

 

Welcome to Top Secret Trip! Please carefully read these Terms and Conditions of use before using or obtaining any content, products, or services through our Web site.  Access to and use of this website (“Site”) is subject to acceptance of the Terms and Conditions below ("Terms"), which include our Privacy Policy. By accessing, using or obtaining any content, products, or services through this Web site, you agree to be bound by these terms.

 

Topsecrettrip.com is owned and operated by Top Secret Trip LLC ("topsecrettrip.com”, "Top Secret Trip", "we", or “us”). This Site, along with the topsecrettrip.com mobile site is intended for personal, noncommercial use.  This Agreement describes the terms and conditions applicable to the services available through this Site.  This Agreement describes your responsibilities and, among other things, limits the liability of topsecrettrip.com and its third-party suppliers or providers including, without limitation, the airlines, hotels, rental car companies, and other suppliers that provide travel or other services through this Site (such third parties collectively referred to as "Travel Service Providers").

 

BEFORE COMPLETING AND SUBMITTING A SURVEY AND/OR USING ANY OF THESE SERVICES, PLEASE READ THIS AGREEMENT ENTIRELY AND CAREFULLY.   BY ACCESSING ANY AREAS OF THIS SITE, USERS ("USERS" OR "YOU") AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Topsecrettrip.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically.  The amended terms shall be effective from and after the date that they are posted on the Site.  Additional terms may apply when you book services available on topsecrettrip.com. Top Secret Trip LLC herein, by reference, its Privacy Policy.

 

WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN TOPSECRETTRIP.COM'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

 

TABLE OF CONTENTS

 

PART I: GENERAL TERMS & CONDITIONS

A. DEFINITIONS

B. COPYRIGHT NOTICE, CLAIMS OF COPYRIGHT INFRINGEMENT, & TRADEMARK NOTICE

C. ACCEPTABLE USE/LICENSE

D. PRIVACY POLICY

E. DISCLAIMER OF WARRANTIES

F. NO AGENCY/JOINT VENTURE RELATIONSHIP

G. MINORS

H. GENERAL LIMITATION ON LIABILITY

I. INDEMNIFICATION

J. THIRD PARTIES

K. LINKS TO THIRD PARTY SITES

L. USER COMMENTS, FEEDBACK, & OTHER SUBMISSIONS

M. MODIFICATION/TERMINATION OF USAGE

N. ELECTRONIC NOTIFICATION

O. INTERNATIONAL USE

P. DISPUTES

Q. CONTACT INFORMATION

R. MISCELLANEOUS

______________________________________________________________________________________________________________

 

A. DEFINITIONS

Under these terms and conditions, the following words are given these precise definitions.  Any other definition or meaning of an individual word or phrase is irrelevant for purposes of these terms and conditions.  These definitions prevail over all others.

"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Products and Services.

"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.

"Top Secret Trip" "we" or “us” means Top Secret Trip, LLC.

"Products and Services" means the airline travel, hotel accommodation, car rental, ground transportation, tours, theater tickets, attractions, travel insurance, and other items available through the Site.

"Provider" means Top Secret Trip’s licensor's, suppliers, information providers, and travel and leisure service providers.

"Book" means to reserve.

“Survey” means the form of questions you fill out to go on a Top Secret Trip.

• The terms "Site," "Marks," "Content," and "Products and Services" do NOT include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's Web site.

"Site" means this Web site and any respective sub-site of Top Secret Trip, together with the respective Content, Marks, Products and Services available from this Site and any sub-sites.

"Exclusive" offers are exclusive to Top Secret Trip

 

B.  COPYRIGHT NOTICE, CLAIMS OF COPYRIGHT INFRINGEMENT, & TRADEMARK NOTICE

 

COPYRIGHT NOTICE

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of topsecrettrip.com.  Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.

.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe, in good faith, that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following:

1. A clear identification of the copyrighted work you claim was infringed.

2. A clear identification of the material you claim is infringing the copyrighted word, and information that will allow us to locate that material on the Site, such as a link to the infringing material.

3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”

5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices with respect to this Site should be sent to us by the following method:

 By Email to: topsecrettrip@gmail.com; Subject line: ATTN: IP/Trademark Counsel

 

We will review and address all notices that comply with the requirements above.  We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

 

TRADEMARK NOTICE

"TOPSECRETTRIP.COM", "TOP SECRET TRIP", and "DON’T KNOW JUST GO” as well as additional marks not mentioned here, are registered service marks of Top Secret Trip, LLC. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of topsecrettrip.com or a third-party.  The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.

 

C. ACCEPTABLE USE/LICENSE

Top Secret Trip grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement.  Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to topsecrettrip.com and/or its Travel Service Providers (hotels, rental car companies, airlines, travel insurer and other providers). Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your Top Secret Trip survey (and related documents) for travel or services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site.  In addition, whether or not you have a commercial purpose, you agree not to:

 

i. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of topsecrettrip.com;

ii. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;

iii. take any action that imposes, or may impose, in the discretion of topsecrettrip.com, an unreasonable or disproportionately large load on the topsecrettrip.com infrastructure;

iv. deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose.

v. deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity;

vi. deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;

vii. deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

viii. deliver or provide links to, any postings containing defamatory, false or libelous material.

ix. deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;

x. deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;

xi. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

xii. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;

xiii. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or

xiv. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.

 

You may only use this Site to make legitimate inquires, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment.  Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

 

Top Secret Trip reserves the right to cancel any airline, hotel or rental car reservation or any other transaction that it reasonably believes to have been fraudulently made including, but not limited to, unauthorized use of a credit or debit card.

 

D. PRIVACY POLICY

Your use of the Site is subject to our Privacy Policy.  You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by topsecrettrip.com and/or its Travel Service Providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy and the terms of our Travel Service Providers' privacy policies. To the extent permitted by law, topsecrettrip.com makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Topsecrettrip.com will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.  Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

 

E. DISCLAIMER OF WARRANTIES

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TOPSECRETTRIP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, TOPSECRETTRIP.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. TOPSECRETTRIP.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. TOPSECRETTRIP.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

TOPSECRETTRIP.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

 

WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

 

F. NO AGENCY RELATIONSHIP/CREATION OF JOINT VENTURE

Topsecrettrip.com does not agree to act as your agent or fiduciary in providing services through the Site.  Additionally, your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, or employment with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference.  They do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.

 

G. AGE RESTRICTION

Persons under the age of 18 are not eligible to use, book, purchase, cancel or modify any services available through Top Secret Trip.

 

H. GENERAL LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOPSECRETTRIP.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

FURTHER, THE TRAVEL SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

 

No Covered Party shall be responsible for any Travel Service Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Travel Service Provider's failure to comply with this Agreement nor for any Travel Service Provider's failure to comply with applicable federal, state, provincial and local law.

 

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by topsecrettrip.com for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of New Jersey law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

 

I. INDEMNIFICATION

You agree to defend and indemnify Top Secret Trip and any Provider, and each of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:

a. your breach of this Agreement

b. your violation of any law or the rights of a third party; or

c. your use of this Site in violation of this Agreement.

 

J. THIRD PARTIES

If you use this Site to submit Surveys for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder, or the legal name of the third party.  These should match what is on file with his/her financial institution or government issued identification. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto.  Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.

 

K.  LINKS TO THIRD PARTY SITES

For your convenience, this Site contains links to outside services and resources.  Any concerns regarding such services or resources should be directed to the particular outside service or resource provider.  Topsecrettrip.com does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites.  If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply topsecrettrip.com's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.

 

Additionally, we welcome links from third party sites to our Site, through a plain text link, provided that:

(a) you discontinue providing a link to our Site if so requested by Top Secret Trip;

(b) you do not imply in any fashion that Top Secret Trip is endorsing any of your products or service or is affiliated with you;

(c) you do not present Top Secret Trip in a false light, or provide misleading or false information about Top Secret Trip, or its Site or Services;

(d) you do not remove or obscure the copyright notices, or other notices on this Site;

(e) you do not use any Mark of Top Secret Trip; and

(f) you do not replicate, frame or mirror the content of the Site. We reserve the right to require you to remove links to the Site, in our sole discretion.

 

L. USER COMMENTS, FEEDBACK, & OTHER SUBMISSIONS

All comments, feedback, suggestions and ideas disclosed, submitted or offered to topsecrettrip.com in connection with your use of this Site, as well as use of the Top Secret Trip Facebook, Instagram, or Twitter page, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Comments”) will be treated as non-confidential and non-proprietary.  By voluntarily submitting to us, or by posting on the Site any Comments, you grant Top Secret Trip, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Comments in any form, media or technology.  For example, your Comments could be used on this Site and in radio, television, and print advertisements. Top Secret Trip reserves the right to provide your Comments to its partners or other third-parties. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Site are not necessarily those of topsecrettrip.com or its content providers, advertisers, sponsors, affiliated or related entities, and topsecrettrip.com makes no representations or warranties regarding any Comments.  By providing your Comments to topsecrettrip.com, you are indicating your consent to topsecrettrip.com’s use of your Comments.  We assume no responsibility for any Comments posted or submitted, or for the return or such Comments. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.

 

M. MODIFICATION/TERMINATION OF USAGE

Topsecrettrip.com reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, topsecrettrip.com shall not be liable to you or any third-party for any termination of your access to this Site.

 

N. ELECTRONIC NOTIFICATION

To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.

 

O. INTERNATIONAL USE

Accessing materials on this Site by certain persons in certain countries may not be lawful, and topsecrettrip.com makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States.

 

P. DISPUTES

Any controversy or claim arising out of or relating to these terms and conditions, which has not been expressly limited or disclaimed, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.  The number of arbitrators shall be one (1).  The place of arbitration shall be Camden County, New Jersey.  New Jersey law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

The laws of the State of New Jersey (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions.  If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Camden County, New Jersey (USA).  In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.

 

Q. CONTACT INFORMATION

If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Top Secret Trip, you may contact us as indicated below.  We will attempt to respond to your questions or concerns promptly after we receive them.

E-mail: topsecrettrip@gmail.com

 

R. MISCELLANEOUS

The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.

 

This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. To the extent permitted by applicable law, the internal laws of the State of Connecticut shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.