MyIRSDocs.com Terms of Service

 

Effective Date: April 7, 2016

 

1. Our Invitation to You

 

1. Welcome. Welcome to MyIRSDocs.com ("us", "we", "ours")! Our products and services are provided by MyIRSDocs.Com Inc., located in Greensboro, North Carolina. We invite you to access our websites and our products and services and applications (including mobile applications, the "Applications") (the web sites, products, services and applications collectively, the "System"), but please note that your invitation is subject to your review and agreement with these Terms of Service (collectively with all other operating rules, policies and procedures that we may publish on this website or in any of our applications, and our privacy policy "Terms").<!-- These Terms apply to you whether you are a user, or a contributor of content, or a provider of products and services (a "Provider"), and whether or not you registered. -->

 

1. 1. Privacy Policy. Please also read carefully our Privacy Policy at [www.MyIRSDocs.com/privacy]. You agree that our Privacy Policy (as may be updated from time to time) governs our collection and use of your personal information.

 

1. 1. Additional Terms. Certain portions of the System may be subject to additional terms and conditions specified by us from time to time elsewhere in the System; your use of such portions of the System is subject to those additional terms and conditions. In the event of a conflict between the additional terms or other agreement and any provision in these Terms, the additional terms will prevail, but only with respect to the portion of the System to which the additional terms apply.

 

1. 1. Waivers. These Terms include a class action waiver and a waiver of jury trials, and require binding arbitration on an individual basis to resolve disputes. These Terms limit the remedies that may be available to you in the event of a dispute.

 

1. The Products and Services

<!-- Travelers, Providers and Guides. The System is an online platform that connects locals who have unique knowledge of and experience with a particular travel destination or activity ("Providers") with travelers seeking to receive services related to such destinations and activities ("Travelers"). Some Providers ("Guides") lead experiences on the ground, and other Providers ("Insiders") help with travel planning. Through the System, Providers may create and post profiles ("Profiles") that provide information about the Provider's knowledge and experience, and may make themselves available to offer certain services to Travelers at a particular destination (each such service, an "Experience"). Travelers may select Providers (or may request that we attempt to connect them to a Provider) to provide the Traveler with an Experience. Platform Nature of the System. We make available a platform for Travelers and Providers to meet online and arrange for Experiences. We are not an operator of tours, activities or Experiences, nor are we a provider of tours or activities, and we do not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Our responsibilities are limited to: (1) facilitating the availability of the System; (2) serving as the limited agent of each Provider for the purpose of accepting payments from Travelers on behalf of the Provider; and (3) in certain instances, booking lodging accommodations on behalf of Travelers as detailed below. You understand and agree that we are not a party to any agreements entered into between providers and travelers, nor are we an agent or insurer. The System is intended to be used to facilitate the connections between providers and travelers. We cannot and do not control the content contained in any profiles and the condition, legality or suitability of any experiences. We have no control over the conduct of providers, travelers and other users of the services or any experiences, and disclaims all liability in this regard. Accordingly, the planning or partaking of any experiences are at the provider's and/or traveler's own risk. Provider Obligations. As a Provider, you may create Profiles that showcase your experience, activities you can lead, and the type of Experiences you can help Travelers plan. Profiles will be made publicly available via the System, and other Members may contact you based upon the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Experience at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Experience, if applicable). [You agree to comply with our Provider Guidelines available at www..com"] You understand and agree that we do not act as an insurer or as a contracting agent for you as a Provider. If a Traveler requests your expertise for a Experience and participates in your Experience, any agreement you enter into with such Traveler is between you and the Traveler and we are not a party thereto. Notwithstanding the foregoing, we serve as your limited authorized agent: (1) for the purpose of accepting payments from Travelers on your behalf, and is responsible for transmitting such payments to you, subject to these Terms, and (2) for the purpose of booking online lodging and accommodations ("Bookings") (3) You are responsible for all other bookings, including without limitation on-the-ground arrangements, tours or experiences you host, restaurants and similar bookings. You represent and warrant that your Profile and your planning of and/or guidance on any Experience: (A) (will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) (B) will (I) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Experience, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (II) not conflict with the rights of third parties. Please note that we assume no responsibility for any Provider's or Traveler's compliance with any applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that we, in our sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the System. Insurance. We recommend that Providers and Travelers obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers (and the individuals the Traveler invites to the Experience, if applicable) while participating in your Experience. No Endorsement. We do not endorse any Experiences. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user's purported identity. Users are responsible for determining the identity and suitability of others who users contact via the System. We are not responsible for any damage or harm resulting from interactions with users. By using the System, each user agrees that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused the harm and each user agrees not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the System regarding any Bookings or Trips made by you. This limitation shall not apply to any claim by a Provider against us regarding (1) the remittance of payments received from a Traveler by us on behalf of a Provider or (2) our failure to book a Booking for which the Traveler provided accurate booking information, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability". Bookings and Financial Terms for Providers. Guides (Providers Who Lead Activities). Booking. Except in the case of a Pre-Approved Event (as defined below), if you are a Guide and a booking is requested for your Experience via the System, you will be required to either confirm or reject the booking within the specified time frame (which is generally within 24-48 hours of when the booking is requested, as determined by us in our sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking of an Experience within the specified time frame, any amounts collected by us for the requested booking will be refunded to the applicable Traveler's credit card and any pre-authorization of such credit card will be released. You may be able to create a listing (a "Listing") that is pre-scheduled for a specific time and date, where the Traveler's booking may be automatically confirmed (a "Pre-Approved Event"). When a booking is requested via the System, we may share with you the first and last name of the Traveler who has requested the booking and a link to the Traveler's Account profile page. Fees. The fees displayed in each Listing are comprised of the Experience Fees (defined below) and the Traveler Fees (defined below). Where applicable, taxes may be charged in addition to the Experience Fees and Traveler Fees. The Experience Fees, the Traveler Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Traveler solely relating to a Guide's Experience are the "Experience Fees". Please note that it is the Guide and not us who determines the Experience Fees. We charge a fee to Travelers of 3.9% of applicable Experience Fees which are the "Credit Card Fees". The Traveler Fees are added to the Experience Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. We will collect the Total Fees at the time of booking confirmation (i.e. when the Guide confirms the booking within the specified time frame) and will initiate payment of the Experience Fees (less our Guide Fees (defined below)) to the Guide within 48 hours of when the Traveler arrives at the applicable Experience (except to the extent that a refund is due to the Traveler). However, please note that we will not be responsible for delays in remitting Experience Fees, which can vary based on the bank, payment provider, currency, location, etc. Be aware that in some instances it may take up to 30-60 days to receive funds as a result of bank and third-party payment provider process and regulations. Insiders (Providers who plan travel). Requests. If you are a Provider and your assistance is requested by a Traveler via the System, or we desire to match you with a Traveler request, you will receive an email and text message containing information about the Traveler and his or her desired experiences, preferences and budget. You may review the provided information and should submit a proposal to the Traveler. After reviewing the proposal, the Traveler must pay a nonrefundable $45 fee to connect to Insider ("Connection Fee"). This fee is transferred to the Insider immediately after the Traveler books, less our 25% commission ("Connection Commission"). After connection, this $45 will go toward any further services the Traveler Requests. Service Fee. Based on the amount of work you foresee investing in curating an itinerary for the travel Experience ("Itinerary"), you should negotiate an Insider service fee ("Service Fee") with the Traveler. While setting the Service Fee is at your discretion, we have some suggested pricing available at http://community..com/school. We transfer the Service Fee to the Insider after final delivery of the Itinerary, less 25 percent commission ("Service Commission"). Final Itinerary. You may then continue to communicate with the Traveler until both parties have finalized an Itinerary. Once you and the Traveler have agreed on the Itinerary, you should send them the final proposed booking and price quoted for the Experience. Costs. Providers are also responsible for estimating the costs of all Experience expenses, for informing us of the Bookings along with the applicable contact and booking information, and for booking all other Itinerary items. For Provider-booked Itinerary items, Providers will provide us with a scanned copy of Provider's government issued identification, and an itemized invoice of all expenses and any other information reasonably requested by us. After the Traveler's confirmed agreement to the Itinerary and our receipt of payment from the Traveler, we will remit to the Provider the total amount of Provider Commission and fees for the Provider-booked Itinerary items. Price Increases. In the event that actual prices for bookings have increased since the quoted price, Providers must contact the Traveler informing them of the price increase and requesting their permission to add the additional cost to the total fees charged to the Traveler. Collecting Payments. Each Provider hereby appoints us as the Provider's limited agent solely for the purpose of collecting payments made by Travelers on behalf of the Provider. Each Provider agrees that payment made by a Traveler to us shall be considered the same as a payment made directly to the Provider and the Provider will make the Experience available to Traveler in the agreed upon manner as if the Provider has received the payment. In accepting appointment as the limited authorized agent of the Provider, we assumes no liability for any acts or omissions of the Provider. Fees for Profiles. Please note that we do not currently charge fees for the creation of Profiles. However, you acknowledge and agree that we reserve the right, in its sole discretion, to charge you for and collect fees from you for the creation of Profiles. We will provide notice of any such fees via the System prior to implementing such fees. Bookings and Fees for Travelers. Assistance from Providers. Travelers that wish to request the assistance of a Provider via the System should provide the necessary information to us regarding the Traveler's desired experiences, preferences and budget. We will endeavor to match the Traveler with a Provider with experience in the Traveler's desired areas, and will connect the Traveler with a Provider in the event we find a match. Travelers may also directly contact Providers with a request. The Provider should propose an Experience itinerary after which the Traveler and the Provider should continue to communicate to finalize the itinerary. Once the itinerary is finalized, the Provider will either: (1) confirm the Traveler's reservation request for a guided experience, or (2) send the Traveler the final proposed booking and price quote for curating the Experience ("Itinerary"), which the Traveler may confirm or reject. Please note we will charge a non-refundable service fee ("Service Fee") on top of the price quote. Bookings. For trips, we are responsible for booking hotels and other lodging and accommodations that may be booked online ("System Bookings"); the Provider is responsible for all other bookings ("Provider Bookings"). As part of the Booking, Travelers may be required to enter into an agreement (including releases) with the Provider, and the Traveler agrees to accept any terms, conditions, rules and restrictions associated with the Itinerary imposed by the Provider. Traveler acknowledges and agrees that we are not a party to any agreement between the Traveler and Provider, and that, with the exception of its payment obligations and obligations related to System Bookings hereunder, we disclaim all liability arising from or related to any such agreements. Traveler acknowledges and agrees that, notwithstanding the fact that we are not a party to any agreements between Traveler and the Provider, we act as the Provider's payment agent for the limited purpose of accepting payments from Traveler on behalf of the Provider. Upon Traveler's payment of amounts to us which are due to the Provider, Traveler's payment obligation to the Provider for such amounts is extinguished, and we are responsible for remitting such amounts, less our fees and commissions, to the Provider. In the event that we do not remit any such amounts to a Provider, such Provider will have recourse only against us. However, please note that we will not be responsible for delays in remitting payment, which can vary based on the bank, payment provider, currency, location, etc. Be aware that in some instances it may take up to 30-60 days to receive funds as a result of bank and third-party payment provider process and regulations and are not liable for these delays. Price Changes. Please note that the actual amount charged by third parties for various items in the Itinerary may differ from the price quoted in the Booking, as prices may fluctuate before each booking is confirmed. If the actual prices are higher than the Total Fees, the Provider will contact you to request your permission prior to booking. Cancellations and Refunds. Guides (Providers Who Lead Activities). These Terms govern the Traveler Refund Policy (the "Traveler Refund Policy") available to Travelers who book and pay for an Experience listed by a Guide through the System and suffer a Travel Issue and the obligations of the Guide associated with the Traveler Refund Policy. Travel Issue. A "Travel Issue" means any one of the following: The Guide of the Experience (1) cancels a reservation within 24 hours before the scheduled start of the reservation, (2) fails to arrive for the Experience within 20 minutes of the scheduled start time, or (3) fails to provide the Traveler with the reasonable ability to access the Experience (e.g., by allowing the Traveler access to the space in which the Experience will happen or begin if applicable). The description of the Experience in the listing on the System is materially inaccurate with respect to (1) the duration of the Experience, (2) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (3) the physical location of the Experience. During the Traveler's Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in our judgment. The Traveler Refund Policy. If you are a Traveler and suffer a Travel Issue, we agree, at our discretion, to either (1) reimburse you up to the amount paid by you through the System, as determined by us in our discretion, depending on the nature of the Travel Issue suffered or (2) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of ours with respect to the Traveler Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travelers and Guides. Conditions to Claim a Travel Issue. Only a Traveler may submit a claim for a Travel Issue. If you are a Traveler, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions: (1) You must report the Travel Issue to us in writing (at support@.com) or via telephone and provide us with information (including evidence) about the Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue; (2) You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and (3) You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Guide prior to making a claim for a Travel Issue (and you must provide evidence of having done so). Minimum Quality Standards, Guide Responsibilities and Reimbursement to Traveler. If you are a Guide, you are responsible for ensuring that the Experiences you list on the System meet minimum quality standards regarding adequacy of the description on the System, safety, health, and do not present a Traveler with Travel Issues. Throughout the Experience, Guides should be available in order to try, in good faith, to resolve Traveler issues. If you are a Guide, and if (1) we determine that a Traveler has suffered a Travel Issue related to an Experience listed by you and (2) we either reimburse that Traveler any amount up to the amount paid by the Traveler through the System for the Experience or provides an alternative Experience to the Traveler, you agree to reimburse us up to the amount paid by us within 30 days of our request. All determinations by us with respect to the Traveler Refund Policy, including without limitation the size of any refund to the Traveler, shall be final and binding on the Travelers and Guides. You also agree that in order for you to reimburse us up to the amount paid by us, we may off-set or reduce any amounts owed by us to you by this amount. If the Traveler is rescheduled to an alternative Experience, you may lose part or all of the Experience Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Traveler to the alternative Experience. The rights of the Travelers under the Traveler Refund Policy supersede the cancellation policy that otherwise applies to a particular Experience. If you dispute the Travel Issue you may notify us in writing (support@.com) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations by us with respect to the Travel Issue shall be final and binding on the Travelers and Guides regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, we, in our discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Travel Issues. General Provisions of the Traveler Refund Policy. (1) No Assignment/No Insurance. This Traveler Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveler, and the Traveler has not paid any premium in respect of the Traveler Refund Policy. The benefits provided under this Traveler Refund Policy are not assignable or transferable by you. (2) Modification or Termination. We reserve the right to modify or terminate this Traveler Refund Policy, at any time, in its sole discretion, and without prior notice. (3) Effective Date of Modifications. If we modify this Traveler Refund Policy, we will post the modification on the System or provide you with notice of the modification and we will continue to process all claims for Travel Issues made prior to the effective date of the modification. (4) Limitation of Liability. In no event will our aggregate liability arising out of or in connection with this policy exceed the amount of the experience fees collected by us from the traveler. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. You acknowledge and agree that, by posting a listing or booking an experience or otherwise using the System, services as a guide or traveler, you are indicating that you have read, and that you understand and agree to be bound by these policy Terms. Insiders (Providers who plan travel). Travelers are free to reject any Itinerary for any reason prior to payment. Once an Itinerary is confirmed by a Traveler, any fees paid are non-refundable except as set forth below: (1) Traveler Cancels. We will endeavor to refund Traveler the fees paid for any Itinerary items that have not yet been booked, minus the Service Fee. Fees for Itinerary items that have already been booked are non-refundable. (2) Provider Cancels. Whenever possible we will connect Traveler to an alternate Provider who can fulfill request. If not, we will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation. Cancellation Due to Outside Factors. Certain Experiences may depend on factors outside either party's control, such as weather ("Outside Factors"). The Provider has the discretion as to whether Outside Factors will prevent the Experience from taking place. As a Provider, if you need to cancel an Experience due to Outside Factors, you must contact the Traveler and us (at support@.com) as early as possible. Subject to the Traveler's consent, the Provider and the Traveler may choose to reschedule the Experience for another date. If the Experience cannot be rescheduled, the Traveler should contact us so we may assist in finding a replacement Experience. For clarity, in the event the alternative Experience is of a higher price than the former, the Traveler may be responsible for any difference in price. In the event the alternative Experience is of a lower price, the Traveler may be entitled to a partial refund for the difference. As a Traveler, if you have contacted us as provided above and us is unable to find you a replacement Experience, we may refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation. Special Requests. If you have any special requests in connection with your itinerary, you must submit them to us at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available. We are not liable for any failure to fulfill a special request, and no cancellation due to any special request not being met shall be allowed. We do not accept booking requests conditioned or contingent on the fulfillment of a special request. We will deem any such booking a "regular" booking with the special request handled as specified herein. Product Descriptions. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available through the System are subject to change without notice. We make reasonable efforts to accurately display the attributes of the products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the System at a particular time does not imply or warrant that these products services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product purchased through the System. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product. Errors. The System may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the System that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies Discount Codes. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website. The conditions of use relating to any discount code will be specified at the time of issue. Only one promotion code can be used per order. A promotional code can't be used after an order has been placed. A promotion code can't be used after an order has been placed. If the promotional code has expired, then you shouldn't try to use it. Also you can't swap your promotional code for cash. If you've been given a promotional discount code, then it can only be used by you on your own account for the purpose for which it was issued. You shouldn't pass your promotional code around your friends, or post it in a forum – you should keep it confidential and only use it for your own purchases through the System. Look after your promotional code, because we are not obliged to provide you with a replacement and abuse of the code if it inadvertently gets lost and used by someone else will result in its cancellation. Supplier or product category exclusions may also apply. We will let you know if the promotional code can't be used against certain suppliers or product categories in your basket before you complete your purchase. Don't use a promotional code to buy discounted products from US, and then sell them on for a higher price to make yourself a bit of extra money. If you do use your promotional code in any of the ways listed above or in a way that we consider abuses the spirit in which the promotional code was issued, then we can cancel or withdraw your promotional code at any time, and without letting you know beforehand. Gift Vouchers. Once a gift voucher has been locked to an individual's Account, the gift voucher becomes their property. After a gift voucher has been locked to an individual's Account, we reserve the right to refuse to discuss the gift voucher further with the individual who initially purchased it. Gift Vouchers are valid for 24 months, and you don't have to spend them all at once. Special Offers/referrals. From time to time we may offer you special offers for referring other users to the Service, as described on our website. In order to participate in such special offers, you must log in to your account on the website, and receive a custom link for the special offer. You may forward the custom link to any number of individuals who are not presently registered users of the Service ("Referee"). There is no limit to the number of referrals that you can make, nor the cumulative credits that you may receive through such special offer, unless otherwise indicated on the Site. For each Referee that follows the custom link sent by your and registers for the Service, and then makes a qualifying purchase using that newly created account, we will automatically credit you account with the specific amount of that particular special offer. All Referees must be first-time recipients of the offer to join the Service, and multiple referrals to the same individual will be disregarded. We reserves the right to not issue to you or Referee and reserve the right to revoke from you and Referee the special offer at our discretion for any reason or for no reason whatsoever. Unless otherwise specified on our website, all credits issued pursuant to such special offers, for both you and Referee, shall automatically expire after 12 months if not used. In order to be eligible to receive special offers, we may require you or Referee to have a valid credit card on file in your account or Referee's account. If we determine that you or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, we reserve the right to (1) revoke any credits issued to either you or Referee and/or (2) charge your credit card or Referee's credit card for any credits used by you or Referee prior to such revocation and for any credits issued by us to you or Referee. We reserve the right to modify or terminate any special offers at any time. All special offers are subject to any other terms, conditions and restrictions set forth on the Service or presented in connection with the special offer. Travel Considerations. Knowledge. When you use the Service to gather information or make bookings, please keep in mind that certain destinations and activities may involve greater risk than others, and that experiences and adventures are inherently unpredictable activities. We urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and other sources prior to booking travel. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be obtained from state.gov, tsa.gov, dot.gov, faa.gov, cdc.gov, treas.gov/ofac and customs.gov, and other on- and off-line sources. Compliance with Law. You are responsible for knowing and complying with all applicable passport, visa, and other travel documentation requirements, for obtaining proper and adequate insurance coverage, and for ensuring that you take appropriate health, safety, and security precautions prior to, during, and after your travel. While we may, from time to time, provide information through the Service relevant to these topics or any other aspect of the travel experience, such information is for convenience only, and is not warranted to be current, complete, or accurate. No Liability. By informing you of or facilitating any arrangements involving any particular destinations or activities, we do not represent or warrant that travel to those destinations or participation in those activities is advisable or without risk. Informing you of specific risks associated with particular destinations or activities, does not constitute a representation or warranty that there are not other risks associated with those destinations. You acknowledge and agree that we are not liable for any damages or losses (including but not limited to any property damage, theft, personal injury, illness, or death) that may occur during or result from any travel or associated activities. You will be in the best position to evaluate current conditions and determine the relative safety and wisdom of your actions while traveling and you must use independent judgment and caution when choosing whether to participate in particular activities. Use of the System by Suppliers. Suppliers must enter into a "Supplier Agreement" with us prior to establishing an account on the System. The Supplier Agreement includes additional terms governing the relationship with us and use of the System, including the economic terms of such Suppliers's relationship with us. A Supplier's of the System is subject to compliance with this Agreement and the Supplier Agreement. To the extent that there is a conflict between this Agreement and the Supplier Agreement, the Supplier Agreement shall govern. Ethical Sourcing Policy. As a reputable and trusted business committed to offering its customers high quality products, we recognize our obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All suppliers are expected to comply with their national employment laws and regulations with particular regard to: Minimum age of employment Freely chosen employment Health and safety Freedom of association and the right to collective bargaining No discrimination No harsh or inhumane treatment Working hours Rates of pay Terms of employment We will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as we continue to grow we recognize the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods. Sweepstakes, Giveaways and Contests. From time to time, we or our brands may feature sweepstakes and giveaways (collectively, "Sweepstakes"), as well as contests ("Contests") on the System. For Sweepstakes, winners shall be chosen at random. In contrast, for Contests, winners shall be chosen based on skill. In addition to specific rules and descriptions for each Sweepstakes or Contest on the System, which are incorporated herein, the following terms apply. No purchase or payment necessary to enter or win. Making a purchase does not increase your chances of winning. Limitations. Subject to these Terms, Sweepstakes and Contests are only open only to permanent legal U.S. residents who are at least 18 years old as of the date of entry. Employees of the applicable brand, us, or any other entity associated with the applicable prize, and their respective parents, affiliates, subsidiaries, advertising and promotion agencies and any other entity involved in the development or administration of the Sweepstakes or Contests, and their immediate family members or household members are not eligible to participate in or win the applicable Sweepstakes or Contests. The sweepstakes and contests are void where prohibited or restricted by law or where bonding, registration, or other requirements would be required but have not been met, or where the methods of entry set forth below would be deemed consideration. All applicable federal, state and local laws apply. Invalid Entries, Substitution, Taxes. We and the applicable brand expressly reserve the right to disqualify any entries that we believe in good faith are generated by an automated means or scripts, or if you fail to comply with these Terms in our sole discretion. Entries generated by script, macro or other automated means are void. Our decisions are final and binding with respect to all matters related to Sweepstakes or Contests. In no event shall we be obligated in award any prizes other than those described. We reserve the right to substitute a prize of equal or greater monetary value for any prize if such prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the prizes, and any related shipping and handling charges. Please contact us at contest@thecuratedtravel.com to receive a complete list of winners for each Sweepstakes or Contest. Depending on the Sweepstakes or Contest, we or the applicable brand associated with the prize shall be solely responsible for prize fulfillment. Compliance with Laws. By entering a Sweepstakes or Contest, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to us or the applicable brand, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by us to be eligible for the prize, or an alternate winner will be selected. Winners may also be required to complete relevant tax forms or furnish proof of identity. Unless prohibited by applicable law, your acceptance of a prize constitutes your permission for us and the applicable brand to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner we deem appropriate for publicity purposes without any compensation to you or any review or approval rights, notifications, or permissions; and constitutes your consent for us to disclose your personally identifiable information to third parties (including, without limitation, placing the winner's name on a winner's list). No Technical Responsibility. Participation in the Sweepstakes or Contests is at your own risk. Neither us nor the applicable brand shall be liable for any technical malfunctions, electronic miscommunications, or technical hardware or software failures of any kind which may limit your ability to participate in the Sweepstakes or Contests, or any other injury or damage in connection with the Sweepstakes or Contests. The prizes are awarded "as is" and neither us nor the applicable brand makes any, and us and the applicable brand hereby disclaim any and all, representations or warranties of any kind regarding the prizes. Reservation. Any person attempting to defraud or in any way tamper with the Sweepstakes and Contests may be prosecuted to the full extent of the law. We reserve the right to modify these Terms in any way or at any time. We reserve the right, in our sole discretion, to cancel or suspend any Sweepstakes or Contests should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of such Sweepstakes or Contests. In the event of cancellation or suspension, we shall promptly post a notice on the System to such effect. Cashback Earning Cash Back. Earning back a portion of your purchases as cash back ("Cash Back") is straightforward. Choose a store, product, coupon or other offer displayed on the System, click the accompanying shopping link to be directed to an affiliated store's website ("Affiliate Store"), and complete a purchase to earn Cash Back on your net purchase amount. You may also earn Cash Back on purchases made 'in-store' at a limited number of stores by presenting a discount code at time of check out. Such stores and discount codes are clearly identified on System. Specific Cash Back amounts vary by store and product category and are provided in detail on the System. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Exclusion. Certain Affiliate Stores exclude a limited number of products and purchases from the Cash Back. We do our best to minimize and maintain an up-to-date list of exclusions on the System Additionally, to earn Cash Back, you must complete your purchase during the same shopping session you start after clicking on the System link. If you visit other sites before completing your purchase or use discount coupons not provided by us, your purchase might be associated with a service other than ours and you might not earn cash back on your purchase. If you disable cookies on your computer you will not be able to earn Cash Back as cookies are used to authenticate the user and be certain Cash Back is assigned to the user's Account. Changes. From time to time Affiliate Stores may increase or decrease the Cash Back paid in which case the Cash Back offer illustrated on the System may be incorrect. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the System and do not accept liability for any errors or omissions, neither do we accept liability for any resulting damage or loss. Further, we take reasonable care and skill to ensure the correct functionality of the System however we give no warranty of the functionality and do not accept liability for any errors. By default, your applicable transactions will be credited in line with the Cash Back reported to us by the retailer, which may be more or less than the advertised rate. Some retailers pay Cash back on the purchase amount inclusive of tax and/or delivery charges and some retailers exclude these values for the purpose of calculating and awarding Cash Back. Earning Bonuses & Other Rewards. We periodically offers monetary bonuses or other rewards for registering, for referring other new user, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. To qualify for a sign-up bonus payment, a new us must establish an Account and make minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within ninety (90) days of becoming a user. To qualify for a referral bonus, a user must refer a new user who establishes his or her own Account and makes his or her own minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within the first ninety (90) days of becoming a user. Please note that sign-up and referral bonuses are given for the purpose of attracting brand new user. An individual person is only eligible for one sign-up bonus and may earn only one referral bonus per individual person referred. To be sent a gift card bonus, user must have a valid address in the United States or Canada only. Receiving Payment. To receive payment of accrued Cash Back and any other rewards, you must establish and maintain an Account with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, and a password to protect your Account. To maintain your Account, you must update your information if it changes and have shopped via the System or have accrued Cash Back at any time within the last twelve (12) months. When we have traced a paying, applicable transaction to your account, we will credit your account with a 'pending payout'. Once the retailer confirms the transaction, the payout will be marked as 'confirmed' – this can take 30 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means then the Cash Back payout will not be made. We pays user accrued Cash Back and other rewards every 3 months, at a minimum. We pay users in U.S. dollars via check, Paypal, and sometimes other payment options. Users may select or change their payment options in the rebates section of the Service. If your check expires without being cashed or deposited or if it is returned to us, it will be returned to your Account, where it will be subject to inactive Account maintenance charges described below. Each payment represents Cash Back and other rewards earned and accrued 45 days after the end of each calendar quarter. The minimum payment amount is $5.01. Balances below $5.01 remain in your Account for potential payment during the next payment period. US and Canada. The System are aimed towards American consumers, with cash rewards available in USD only. However the majority of merchants allow transactions originating from Canada, and some from Mexico, to earn cash rewards too. Users who are residents of countries outside of North America are welcome to use the System however all non-US members must be mindful that some merchants will not ship to outside the United States or North America, or will not pay the cash reward for transactions that originate, or members who are based, outside of the United States. A cash reward will only be paid for a transaction that the merchant deems eligible and provides us with the reward to pass on. A merchant's page may or may not state if non-US residents qualify for its cash rewards. We reserve the right to review and amend this usage policy at any time. Payouts to users based outside of the United States can only be made via PayPal. Non-US members are responsible for any costs involved, which PayPal determines when converting USD funds into another currency. Users should consider, and are responsible for, the legalities, customs (or other similarly relevant) tax and any other fees associated with receiving items from another country. Inactivity. User Accounts are free: there is no charge to be a user or to earn and receive Cash Back. If your Account is inactive for more than twelve (12) consecutive months, we reserve the right to debit your Account balance two dollars ($2.00) per month to recover the cost of Account maintenance until (1) you reactivate your Account by starting a shopping session on the Service, completing a qualifying purchase, or updating your Account information (providing a valid name, email and mailing address), or (2) your Account balance is zero. If the balance in your inactive Account is or becomes zero, we will close the Account permanently and cease to maintain your Account records and Service access. The inactive Account maintenance charge will not cause your Account balance to become negative and will not cause you to owe money to us. Cash Back Limitations. All affiliate store membership and/or operating agreements as they relate to their affiliate or partner programs with us and which reside on the Affiliate Store's respective web sites are hereby incorporated into this Agreement by reference. Cash Back is available only to individuals who are 18 years of age or older. Users may not use scripts or disguised redirects to derive financial benefit from Cash Back. Use must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of Cash Back. Any failure to comply with these Terms, any fraud or abuse relating to the accrual or receipt of cash back rewards, or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the termination of your user Account and forfeiture of your accrued Cash Back rewards. The determination of whether or not a purchase made through an Affiliate Store qualifies for Cash Back is at our sole discretion. If an Affiliate Store fails to report a transaction to us or withholds payment to us for any reason, we reserve the right to cancel the Cash Back associated with that transaction. If we have any reason to suspect fraudulent activity is associated with your Account, we reserve the right to delay or withhold payment of Cash Back. You give us permission to review your Account with Affiliate Stores in cases where we suspects fraudulent activity. We are not responsible for lost or stolen payments, including gift cards. We are not responsible for payments delivered to the wrong address through no fault of ours or for payment errors made by payment partners like PayPal. It is your responsibility to check your Account regularly to ensure that Cash Back has been properly credited and paid and that your Account balance is accurate. If you do not believe that Cash Back has been correctly credited to your Account you must contact Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your Account or payments made to you, your sole remedy is to close your Account. You may be taxed on your receipt of cash and other consideration (merchandise, travel, etc.) for user referrals, depending on the tax laws of federal, state, and local jurisdictions. We may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for user referrals. We are not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from Cash Back, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal. We are not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliate Store site. -->

 

1. Advice from Professional Tax Experts.

   1. We can connect you to tax professionals to assist you with various tax matters. These tax professionals are independent contractors and not our employees. You are solely responsible for the accuracy of the information you provide to the tax professionals, and they are solely responsible for the advice they give to you. We are not a tax professional. We do not provide tax advice.

   2. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice given to you, including anything provided to you in writing, is not intended to be used, and it cannot be used, by any person or entity for the purpose of avoiding penalties imposed under the Internal Revenue Code.

   3. The tax advice provided to you by the tax advisors will be based on information you provide to the advisor. You understand and agree that the advisor is not able to verify the information you provide, and that if you provide incorrect or incomplete information, the advice provided to you may not be accurate. You understand and agree that the tax advisor will not review your tax return and will not sign your tax return.

   4. We are not an employment agency for tax professionals. We do not review or control the advice given by the selected tax professional.

   5. We do not have access to or review the information given by you to the tax professional.

   6. We do not guarantee results.

   7. If you are a tax professional, you agree that you are an independent contractor, that you alone are responsible for your advice, and that you will maintain the privacy of the users who contact you through the System.

 

1. 1. IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.

 

1. 1. Transmission of Documents to the IRS. We provide you with transmission logs from our fax transmissions to the fax numbers you select. We do not guaranty that the log is correct, but only that it reflects the data returned from the receiving fax system. We do not control and take no responsibility for anything that happens to the fax once it is delivered. It may be lost or ignored by the receiving personnel. We have no control over that and take no responsibility for that. It is your responsibility alone to make sure that the intended recipients of the fax actually received it.

 

1. 1. Storage of Your Documents. We will store all fax messages received in connection with your account for one year as long as the account is active at no additional cost. If your account is terminated at any point, we will delete all the stored faxes with no recourse of retrieving them. We are not responsible for storing any faxes that you delete from your account; we are only responsible for the storage of faxes that are kept on the our servers via the website.

 

1. 1. Security Practices. We constantly review our security process and procedures, and improve them wherever reasonably possible. However,

(A) we rely on other service providers whose security standards are satisfactory to us but over which eh have no control, and

(B) the nature of software and the internet makes it impossible to guaranty perfect security.

We guarantee that we will do our best.

 

We accept no responsibility, nor any liability for the storage, deletion, erasure, or loss of any of the faxes or documents that are stored on our servers, or transmitted across the System. We urge you to back up your documents on your own equipment.

 

1. Eligibility of Users

 

1. Eligibility of Users. We may, in our sole discretion, refuse to offer the System to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the System is revoked where these Terms or use of the System is prohibited or to the extent offering, sale or provision of the System conflicts with any applicable law, rule or regulation. Further, the System are offered only for your use, and not for the use or benefit of any third party.

<!-- Children. You represent and warrant that you are at least 13 years of age, provided that if you are under 18 years of age, your use of the System is subject to parental consent. If you are under age 13, you may not, under any circumstances use the System. If you are the parent of a child under the age of 18 using the System, please contact us at parents@[email url]. It is your responsibility to supervise the activities of children under the age of 18 and to comply with all applicable laws. -->

 

1. 1. Children. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances use the System.

 

1. Your Account

 

1. Your Account. To sign up for the System, you must create an account (an "Account") by registering for an Account on the System<!-- or logging in through third party accounts like your Facebook or Google account (a "Third Party Account") using your account on those services -->. You agree not to create an Account or use the System if you have been previously removed or banned by us from any part of the System. We reserve the right in our sole discretion to suspend or terminate your Account and refuse any and all current or future use of the System (or any portion thereof) at any time for any reason. You agree that we will not be liable to you or to any third party for any suspension or termination of your Account or any refusal by us of any use of the System (or any portion thereof). <!-- Information on your profile may include information and content you provide and/or upload as well as information we collect from your account with Third Party Accounts ("Profile Information"). We reserve the right in our sole discretion to remove Profile Information at any time for any reason. You agree that we will not be liable to you or to any third party for such removal. -->You must provide accurate and complete information and keep your Account information updated. You shall not:

(1) select or use as a username a name of another person with the intent to impersonate that person;

(2) use as a username a name subject to any rights of a person other than you without appropriate authorization; or

(3) use, as a username, a name that is otherwise offensive, vulgar or obscene.

 

1. 1. Account Security. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the System without permission. You must notify us immediately of any change in your eligibility to use the System (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You can delete your Account, either directly or through a request made to one of our employees or affiliates. We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

<!-- Use of Third Party Accounts. By logging in through your Third Party Account, you permit us to access certain information from such Third Party Account for use by the System and you represent that you are entitled to grant us such access without breach by you of any Third Party Account terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting us access to your Third Party Account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your Third Party Account ("Third Party Account Content") accessible through the System so that it is available on your Account. You may control the amount of information that is accessible to us by adjusting your Third Party Account privacy settings. Unless otherwise specified in these Terms, all Third Party Account Content will be deemed your User Content (defined elsewhere) for all purposes of these Terms. Please note that your relationship with each third party account is governed solely by your agreement(s) with such third party account, and we disclaim any liability for personally identifiable information that may be provided to us by a third party account in violation of the privacy settings that you have set in the third party account. We makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any Third Party Account Content. -->

 

1. 1. Closing Your Account. You may deactivate your Account with us at any time, for any reason (or no reason), and you don't even have to give us notice.<!-- [ However, if you desire to deactivate your Account you need to take certain specific steps, which are described in our help system.] -->

 

1. 1. Your Demise. We pledge to protect the privacy of your data on the System will continue, even after your death or incapacity. If you wish to enable someone to have access to your Account after you are no longer able to provide them access, you need to implement a process for providing your Account information to them. We will not provide your Account information, or your data, to anyone, even next of kin, unless we determine that we are legally obligated to do so.

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