WEBSITE TERMS OF USE
Legal Disclaimer & Conditions
of Use
Thank you for visiting
Trip Designs’ website. The Trip Designs’ website has been made available to you
subject to your compliance with the terms and conditions set forth below (the
"Conditions of Use"). Please read this document carefully before accessing or
using the Trip Designs’ website. By accessing or using this website, you are
agreeing to be bound by the Conditions of Use. If you do not wish to be bound by
the Conditions of Use, you may not access or use the website.
Modification of these Conditions of
Use:
Trip Designs reserves the right to change the terms, conditions,
and notices at any time, and such modifications shall be effective immediately
upon posting of such changes. You are therefore responsible for regularly
reviewing these Conditions of Use and additional terms or notices posted on the
Trip Designs’ website. Your continued access of this website shall be deemed
your conclusive acceptance of the modified agreement.
Privacy:
Please review our Privacy Policy, which also
governs your visits to all our websites, to understand our practices regarding
the use and disclosure of your personal information.
Electronic Communications:
When you visit Tripdesigns.com,
or send e-mails to us, you are communicating with us electronically, and thereby
you are consenting to receive communications from us electronically or by other
means available. We will communicate with you electronically, by telephone or by
facsimile. It is further understood that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy any legal
requirement that such communication be in writing.
Copyright and Licenses:
The entire contents of this
website, including but not limited to: Text, graphics, logos, button icons,
Flash movies, images, audio clips, digital downloads, data compilations, and
software, are the property of Trip Designs and/or its clients and are protected
by Domestic and International copyright and trademark laws. The designs
themselves remain the property of Trip Designs unless otherwise stated. You may
not modify, copy, reproduce, republish, upload, post, transmit, or distribute
any portion of the website contents without the prior express written consent of
Trip Designs.
You may print or download portions of the materials from
various areas of this website solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary notices from
the materials. If you believe any content appearing on our website constitutes a
copyright infringement of another party’s rights, please contact us immediately
at info@tripdesigns.com to notify us of this
infringement.
License and Website
Access
Trip Designs grants you limited license to access and make
personal use of this website and not to download (other than for page caching
purposes) or modify it, or any portion of it, except with the express written
consent of Trip Designs. This website or any portion of this website may not be
reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise
exploited for any commercial purpose without the express written consent of Trip
Designs. You may not frame, or use any framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, flash
movie, page layout, or form) of tripdesigns.com without the express written
consent of Trip Designs. You may not use META tags or any other "hidden text"
which utilize Tripdesigns.com or any other derivative of our domain or company
name without the express written consent of Trip Designs. You are hereby granted
a limited, revocable, and nonexclusive right to create a hyperlink to the home
page of Trip Designs so long as the link does not portray any false, misleading,
derogatory, or otherwise offensive matter.
It is further understood and
agreed that Trip Designs cannot and does not guarantee or warrant that files
made available for downloading through the Trip Designs website will be free of
infection or viruses, worms, Trojan horses or other code that manifests
contaminating or destructive properties. It is your responsibility for
implementing sufficient safeguards and procedures to ensure that any files
obtained through Trip Designs are free from such
contaminations.
Disclaimer of Warranty/Limitation
of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY TRIP
DESIGNS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIP DESIGNS MAKES NO EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE
OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS
AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIP
DESIGNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. TRIP DESIGNS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL
SENT FROM TRIP DESIGNS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIP
DESIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
TRIP DESIGNS USES REASONABLE EFFORTS TO
INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. TRIP DESIGNS
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR
OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT
AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, TRIP DESIGNS SHALL HAVE
THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE SERVICE/PRODUCT LISTED
INCORRECTLY. IF A SERVICE/PRODUCT OFFERED BY TRIP DESIGNS IS NOT AS DESCRIBED,
YOUR SOLE REMEDY IS TO RETURN IT TO TRIP DESIGNS FOR A REFUND. ALL POSTAGE
REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
Third Party
Links
Linked websites are not under the control of Trip Designs and
Trip Designs is not responsible for the contents of any linked site or any link
contained in a linked site. Trip Designs provides links to you only as a
convenience, and the inclusion of any link does not imply or constitute an
endorsement by Trip Designs of the site.
Applicable Law
By visiting the Trip Designs website,
you agree that the laws of the state of California, without regard to principals
of conflict of laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and Trip Designs.
Disputes
Any dispute relating in any way to your visit or
access of the Trip Designs website or to the products or services you purchase
through the Tripdesigns.com shall be submitted to binding arbitration in Orange
County, CALIFORNIA, except that, to the extent you have in any manner violated
or threatened to violate Trip Designs' intellectual property rights, Trip
Designs may seek injunctive or other appropriate relief in any state or federal
court in the state of California, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under these Conditions of Use shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under these Conditions of Use shall be joined
to an arbitration involving any other party subject to these Conditions of Use,
whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold
harmless Trip Designs, its officers, directors, owners, partners, employees,
agents, licensors, suppliers and any third party information provider to the
website from and against all losses, expenses, damages and costs, including
attorney's fees, resulting from any violation of these Conditions of Use
(including negligent or wrongful conduct) by you or your use and access of
Tripdesigns.com.
International
Use
Given the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet, data,
e-mail, privacy, copyright, and trademark infringement. Additionally, you agree
to comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
Other Provisions
Trip Designs'
failure to insist upon or enforce strict performance of any provision of these
Conditions of Use shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any provision of these Conditions of Use. Trip Designs may assign its
rights and duties under these Conditions of Use to any party at any time without
notice to you. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and shall not
affect the validity or enforceability of any remaining condition. Any rights not
expressly granted herein are reserved.
For more information on
Trip Designs’ website terms and conditions of use please contact us
at:
Trip
Designs, 17220
Newhope St. # 203, Fountain Valley CA
92708,
Toll
free: 888.422.2026
Phone: 714.754.1917
Fax: 714.362.2308
These Website Terms of Use are effective as of July 1, 2009.