Terms of Service for Trippish
By using Trippish and any data or information accessed from Trippish, you (the "user") agree to be bound by these Terms of Service.
Changes in Terms of Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Trippish Content
Map and weather information provided through Trippish is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may cause road conditions to differ from the map results. Weather forecasts are predictions, and neither guarantee nor warrant existing or future weather conditions.
The Trippish service includes maps, weather forecasts and other content provided by third parties. Trippish makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties.
Maps and directions are provided by MSN's Virtual Earth. Weather data is provided by the National Oceanic & Atmospheric Administration, US Department of Commerce, of the United States Government. In addition to these Terms of Service, your use of information provided by Trippish may be governed by conditions, policies or guidelines imposed by these providers.
Permitted Uses and Appropriate Conduct
If you are an individual user, Trippish is made available for your personal, non-commercial use only. If you are a business user, Trippish is made available for your internal use only and may not be commercially redistributed except by express permission of Trippish. In addition to these generic limits on your use of Trippish, several specific uses, described below, are also prohibited.
You may not use the Trippish to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Trippish search and reformat and display them, or mirror the Trippish home page or results pages on your Web site. You may not "meta-search" Trippish. If you want to make commercial use of the Trippish, you must enter into an agreement with Trippish to do so in advance. Please use the "Contact" pane to request more information.
You may not send automated queries of any sort to Trippish's system without express permission in advance from Trippish. In addition, Trippish may not be used: (a) for or in automated conjunction with real time route guidance (including without limitation, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), or (b) for, or in connection with, any systems or functions for automatic or autonomous control of vehicle behavior.
You agree that you are responsible for your own conduct and content while using Trippish and for any consequences thereof. You agree to use Trippish only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Trippish, you will not:
restrict or inhibit any other user from using and enjoying Trippish;
use Trippish for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on Trippish;
interfere with or disrupt Trippish or servers or networks connected to Trippish, or disobey any requirements, procedures, policies or regulations of networks connected to Trippish;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Trippish or collect information about users for any unauthorized purpose.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
Disclaimer of Warranties
Trippish disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in Trippish query results. Trippish disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Trippish disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet that might be linked from the Trippish webpage.
TRIPPISH, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN TRIPPISH, ARE PROVIDED AS IS, WITH NO WARRANTIES WHATSOEVER. TRIPPISH AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TRIPPISH AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF TRIPPISH. TRIPPISH AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH TRIPPISH. TRIPPISH AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON TRIPPISH OR RECEIVED THROUGH ANY LINKS PROVIDED BY TRIPPISH, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN TRIPPISH.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF TRIPPISH AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TRIPPISH OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON TRIPPISH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TRIPPISH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON TRIPPISH, FROM INABILITY TO USE TRIPPISH, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TRIPPISH (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON TRIPPISH OR RECEIVED THROUGH ANY LINKS PROVIDED IN TRIPPISH, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON TRIPPISH OR RECEIVED THROUGH ANY LINKS PROVIDED IN TRIPPISH. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF TRIPPISH OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, TRIPPISH. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Trippish or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
Choice of law and forum: These Terms of Service shall be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and Trippish agree to submit to the personal and exclusive jurisdiction of the courts of the District of Columbia.
Waiver and Severability of Terms: The failure of Trippish to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be unenforceable, 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 of Service remain in full force and effect.
No Third-Party Beneficieries: You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.
Statute of Limitations: 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 Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Integration: These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Trippish.
Titles are legally binding: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
