Terms and Conditions

Terms and Conditions ("Terms")
 
Welcome to www.travelplex.com. The www.travelplex.com website (the "Site") is comprised of various web pages operated by Travel Travel Kirkwood ("TravelPlex Travel & Cruise"). www.travelplex.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.travelplex.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.travelplex.com is an E-commerce Site and this site is designed for the purposes of selling travel and travel related services.
 
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.
 
The Services
 
The Services provides a collection of tools and resources to manage travel preferences, travel offers, watch lists and other travel-related services.
 
By registering or using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate agreement in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with TravelPlex and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.
 
TravelPlex is continually improving our Services and we reserve the right, at our sole discretion, to make changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
 
Electronic Communications
 
Visiting www.travelplex.com or sending emails to TravelPlex Travel & Cruise constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 
TravelPlex Travel & Cruise does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
www.travelplex.com only with permission of a parent or guardian.
 
Links to third party sites/Third party services
 
www.travelplex.com does contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TravelPlex Travel & Cruise and TravelPlex Travel & Cruise is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
 
TravelPlex Travel & Cruise is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TravelPlex Travel & Cruise of the site or any association with its operators. Certain services made available via www.travelplex.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.travelplex.com domain, you hereby acknowledge and consent that TravelPlex Travel & Cruise may share such information and data with any third party with whom TravelPlex Travel & Cruise has a contractual relationship to provide the requested product, service or functionality on behalf of www.travelplex.com users and customers.
 
No unlawful or prohibited use/Intellectual Property
 
You are granted a non-exclusive, non-transferable, revocable license to access and use www.travelplex.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TravelPlex Travel & Cruise that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TravelPlex Travel & Cruise or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
 
TravelPlex Travel & Cruise content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TravelPlex Travel & Cruise and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TravelPlex Travel & Cruise or our licensors except as expressly authorized by these Terms.
 
My TravelPlex Accounts
 
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
 
You are responsible for maintaining the confidentiality of any system credentials including user names, passwords and pin numbers associated with any account that you use to access the Services and for any activities or actions under your password. TravelPlex will not be responsible for any breaches of security due to your failure to do so.
 
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
 
If you believe that the security of your account has been compromised in any way, you must notify TravelPlex immediately by emailing the details to support@travelplex.com
 
Third Party Accounts
 
You will be able to connect your TravelPlex Travel & Cruise account to third party accounts. By connecting your TravelPlex Travel & Cruise account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
 
International Users
 
The Service is controlled, operated and administered by TravelPlex Travel & Cruise from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TravelPlex Travel & Cruise Content accessed through www.travelplex.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
 
Acceptable Use
 
This is an Agreement for Services, and you are not granted a software license by this Agreement. You will not attempt to reverse engineer, decompile or attempt to view or capture the source code or underlying structure. You shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, data mining tools, or the like) to “scrape” or download data from any web pages or applications contained in the Website.
 
You agree that we may collect and use data derived from the Service, including data about any Users’ access and use of the Services, that has been anonymized, aggregated, or otherwise de-identified such that the data cannot reasonably identify a particular user. De-identified data will have all direct and indirect personal identifiers removed, including but not limited to name, ID numbers, email address, and street address. We may use such data to operate, analyze, improve or market our Services.
 
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.
 
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
 
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
 
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.
 
Warranty
 
TRAVELPLEX PROVIDES THE SERVICEs "AS IS", "AS AVAILABLE" AND WITH “ALL FAULTS”. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
 
Limitation of Liability
 
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAVEL TRAVEL KIRKWOOD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
 
TRAVEL TRAVEL KIRKWOOD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRAVEL TRAVEL KIRKWOOD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAVEL TRAVEL KIRKWOOD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAVEL TRAVEL KIRKWOOD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
 
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 
 
Governing Law
 
These Terms shall be governed and construed in accordance with the laws of Missouri, 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 us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
 
Termination/access restriction
 
TravelPlex Travel & Cruise reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TravelPlex Travel & Cruise as a result of this agreement or use of the Site. TravelPlex Travel & Cruise's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TravelPlex Travel & Cruise's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TravelPlex Travel & Cruise with respect to such use.
 
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TravelPlex Travel & Cruise with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TravelPlex Travel & Cruise with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
 
Changes to Terms
 
TravelPlex Travel & Cruise reserves the right, in its sole discretion, to change the Terms under which www.travelplex.com is offered. The most current version of the Terms will supersede all previous versions. TravelPlex Travel & Cruise encourages you to periodically review the Terms to stay informed of our updates.
 
Contact Us
 
TravelPlex Travel & Cruise welcomes your questions or comments regarding the Terms:
Attn: John Heimburger
President
Travel Travel Kirkwood
726 N. New Ballas Rd.
St. Louis, Missouri 63141
 
 
Email Address:
sales@travelplex.com
Telephone number:
314-569-1900
 
Last updated: August 15, 2016