Tough Cookie Travel Self Defense Terms and Conditions of Service

DISCLAIMER
Effective: November 2019

Welcome to our Terms and Conditions (“Terms” or “Terms of Service”). These Terms, including our Privacy Policy and Community Guidelines, apply to your use of the Tough Cookie Travel (“ToughCookieTravel.com”, “Tough Cookie,” “TCT,” “Company,” “we”, “us,” and/or “our”) website (“Site”) and all related products and services (collectively, the “Services”) provided to you on or through the website, including but not limited to your purchase of any products from Tough Cookie Travel.

We need rules to keep our platform, services, and community a safe and happy place for our members and us here at Tough Cookie Travel. This is a contract between you and Tough Cookie Travel, as we want you to know both your and our rights before you use our Services. So please take a few minutes to carefully read these Terms before using our Services. By using or accessing any part of the Services, you agree to be bound by the Terms of Service contained herein, written in accordance with these Terms of Service and any additional terms and conditions that may apply to specific sections of this Site or to Services available through the Site. If you have a written agreement with Tough Cookie Travel, that agreement will control in the event of a conflict with these Terms. 

The reading of information on this website is of your own free will and if you do not accept the terms contained in this disclaimer, you should cease the use of this website. ToughCookieTravel.com reserves the right to change any of these Terms at any given time.

We are committed to provide up-to-date information, but cannot make representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, or services. ToughCookieTravel.com contains a large amount of data, and errors are likely to occur in tracking changes – for example, changes in dates and times of events. We therefore do not accept any liability for error or omission with regards to content of our Site or Services. Should you find any inaccurate information on the Site, please inform us at toughcookiecorner@gmail.com and we shall correct it as soon as it is practicable to do so.

All views that are expressed here represent only those made by the Tough Cookie team. Whatever opinion we may put across does not intend to harm, slander, or defame any company, individual, or thing. We will not be held liable for libel nor will we be held to compensate you in any way whatsoever if you ever happen to suffer a loss/inconvenience/damage because of what we may displayed or stated on our website. We will not be responsible for the actions of individuals who follow this travel safety Site or Services.

All photo, video, and text content used in this site are intellectual properties of Tough Cookie Travel unless otherwise stated or covered under the Fair Use Act Disclaimer detailed below. Additionally, unless otherwise noted, we are also the legal copyright holder of the material on this website and it may not be used, reprinted, (partially) modified, or published without our permission, especially if it’s for commercial use. Any use of the Site or Site materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you would like to use any of the photos, videos, or text found in this website, please get in touch with our team stating your intention and purpose for such.

The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the which has not been authorized by us. More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission. You may, however, download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you credit us accordingly.

Tough Cookie Travel creates all our content and sources our images and footage via Creative Commons or licensed stock providers, with the exception of those covered under the Fair Use Act Disclaimer detailed below. All photos and footage are properly credited. However, if we have missed any, please send us a message and we will immediately rectify it. You can send notice to toughcookiecorner@gmail.com.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit, and/or terminate access to the Site for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.

Fair Use Act Disclaimer

This Site and Services contain copyrighted material the use of which has not always specifically been authorized by the copyright owner. Under the Copyright Disclaimer under Section 107 of the Copyright Act of 1976, allowance is made for “fair use” for purposes such as teaching, comment, criticism, news reporting, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Educational, non-profit, or personal use tips the balance in favor of fair use.

Tough Cookie Travel is making such material available in our effort to advance education and understanding of the issues of significance to travel safety and self defense, giving the material new transformative meaning and value beyond and separate from its original intended purpose. If you wish to use copyrighted material from this site for purposes of your own that go beyond “fair use,” you must obtain permission from the copyright owner.

Your Use & Obligations

Use of the Site and Services is subject to these Terms and is only permitted within normal access or use of the Site or in conformance with any Membership Agreement (discussed below) you may have with us. Your access to or use of the Site grants you no right or license to reproduce, or otherwise use any Tough Cookie Travel or third-party trademarks except as expressly set forth herein. All goodwill generated from use of Tough Cookie Travel’s marks will inure to our exclusive benefit. Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tough Cookie Travel.

You may access and use the Site only in compliance with these Terms, our Community Guidelines, your Membership Agreement, and all applicable local, state, national, and international law, rules, and regulations.

Absent breach by you of any of these Terms, and unless otherwise expressly permitted by Company, you are granted a limited, personal, non-transferable, non-sublicensable, revocable license to access our Site and use the Site, and, as permitted, to electronically view, copy (except where prohibited without a license), and print to hard copy portions of the Site content and materials.

However, in no case whatsoever shall you:

  • use any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor, or copy any Site materials or other content or information used by the Site;
  • use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
  • modify copies of any materials obtained from the Site;
  • use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or without express authorization from Tough Cookie Travel;
  • harvest or otherwise collect information about others, including e-mail addresses;
  • violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures used to prevent or limit access to the Site;
  • reverse engineer or alter the Site or the Site materials or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • deep-link to any portion of the Site for any purpose, unless expressly authorized in writing by Tough Cookie Travel;
  • “frame,” “mirror,” or otherwise incorporate any part of the Site into any other web site, unless expressly authorized in writing by Tough Cookie Travel;
  • transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material; any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms;
  • link to the Site from any website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Tough Cookie Travel’s sole discretion;
  • attack the Site or any portion thereof via a denial-of-service attack or a distributed denial-of- service attack;
  • attempt to bypass methods Tough Cookie Travel may use to prevent or restrict access to the Site;
  • disguise the origin of the information transmitted through the Site or to Tough Cookie Travel;
  • submit false or misleading information to Tough Cookie Travel;
  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or adversely affects the performance or function of the Site or any other computer systems or networks used by Tough Cookie Travel;
  • use the Site or the Site materials other than for their intended purpose and as expressly permitted by these Terms;
  • violate any applicable laws or regulations; or
  • otherwise attempt to interfere with the proper working of the Site.

Comments & User Content

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos), you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. In addition, when you submit, email, text, deliver, or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.

Further, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Site any of the following material or information:

  • any message, data, information, text, music, sound, photos, video, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
  • material that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
  • material that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • material that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • unsolicited promotions or political campaigning; or
  • private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.

Comments on this Site are the sole responsibility of their writers and they will take full responsibility, liability, and blame for any libel or proceedings that will result from their statement. We do not guarantee the accuracy, honesty, and politeness of their comments. We reserve the rights to edit or remove any comments posted to this website that are deemed to be spam or questionable spam, or are pornographic, or include profanity, or contain language or concepts that are offensive, or attack a person or group of people individually, or are otherwise inappropriate content. Such comments are expressly forbidden and any users posting such comments may be banned.

Membership Options

Access to certain areas of our Site may be restricted. Any access to or use of the Site or the Site materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms and any Membership Agreement you have with us. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to restrict access to areas of our Site, or indeed our whole Site, at our discretion. We reserve the right to revoke your authorization to access or use the Site if we believe in good faith that you have violated these Terms or any laws whatsoever. Unless explicitly stated herein, nothing in these Terms or any Membership Agreement you have with us will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted by these Terms is revocable at any time.

You do not have to set up Member Account with us to access or use much of the information available through the Site. If any portions of the Site require you to open a Member Account, you must be eighteen (18) years of age or older and complete the registration process by providing Tough Cookie Travel with current, complete, and accurate information, as prompted by the applicable registration form or process (“Membership Agreement”). By entering into a Membership Agreement, you represent and warrant that any information that you submit to us is true and accurate and that you are eighteen (18) years of age or older and are fully able and competent to enter into and abide by these Terms and the terms of the Membership Agreement. You further agree to (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, membership, and/or registration forms within our registration process (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (e) notify us immediately of any unauthorized access to or use of your Member Account or any other breach of security by emailing us at toughcookiecorner@gmail.com. Access to or use of the Services is void where prohibited.

Purchases

Tough Cookie Travel reserves the right not to accept or process orders that do not comply with our business policies and/or vendor agreements. Items ordered via the Site may be subject to shipping or processing limitations, such as shipping only to physical addresses located in the United States, or no shipping to P.O. boxes or APO/FPO addresses, and applicable limitations will be noted in connection with available items or during the purchasing process. All services and products offered by Tough Cookie Travel are provided subject to applicable U.S. federal, state, and local laws.

All orders are subject to acceptance by Tough Cookie Travel and availability. By submitting a purchase request to us (directly, or through our Site or our authorized vendors or affiliates) for any item, you represent and warrant that all information submitted to us in connection thereto is complete and accurate. At our discretion, purchase requests will be processed, but we reserve the right not to accept your purchase request at our sole discretion. In such case, we may inform you by email or via your Member Account.

Prices (if any) indicated on each item page are exclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price or the description of the items for which you have already submitted a purchase request.

You may pay for your order using the payment methods available on the Site. The price for the purchase of items and the corresponding costs for shipping, delivery, and/or tax, as indicated by Tough Cookie Travel, may be charged to your chosen available payment method. You agree to pay Tough Cookie Travel (or our authorized vendors or affiliates) in full as identified in the purchase process via the Sites or the third party method. To ensure that your credit or debit card is not being used without your consent, Tough Cookie Travel (or our authorized vendors or affiliates) may validate your name, address, and certain other personal information supplied by you in placing the order. Tough Cookie Travel reserves the right to implement any additional and/or other payment security system from time to time.

The appearance of items displayed on the Site may not exactly correspond to actual items in terms of image, dimensions, and color depending on your Internet browser and/or your monitor quality.

Refunds and Returns

Refunds or returns, for whatever reason, if available for the product or service ordered, of any payment to be received by you may take place using the same method of payment you chose during the check-out procedure. Tough Cookie Travel, including any of its authorized vendors or affiliates, will not be responsible for any delays or conditions beyond its control, including, without limitation, delays caused by the method of payment/refund or those attributable to the card issuer or delays in shipment or delivery.

Generally, we are not able to approve a return for a non-defective item, and some items are not returnable in any case, due to their nature. Please do not open the product if you do not plan to keep the item you purchased. If you desire to return an opened product, we typically cannot take it back. If an exception is made, we reserve the option to charge a fifteen percent (15%) restocking fee.

For any returns, we do not credit back any shipping charges paid on the original order and do not pay or reimburse for any return shipping back to us. For more details on how these terms pertain to purchases of the Tough Cookie Self Defense Course, please see our Course Refund Policy.

Fees and Payments

Payment and pricing terms for those portions of the Site requiring such are as specified in the Membership Agreement utilized to order Site memberships or as otherwise set forth by us from time to time. By entering into a Membership Agreement, you agree to pay Tough Cookie Travel all membership fees indicated, any other fees for additional services you may purchase, and any applicable taxes in connection with your access to or use of such. All fees charged by Tough Cookie Travel are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties excluding taxes based solely on Tough Cookie Travel’s income. For any paid Site services, including Membership Agreements or other services or features available only to a certain Member Account, after seven (7) days, unless otherwise agreed by both you and us and memorialized in your Membership Agreement or other relevant agreement, all sales are final, all invoices due net thirty (30) upon receipt, and consistent with other provisions in the Terms, Tough Cookie Travel is not obligated to issue refunds, including for prepaid fees.

Unless otherwise agreed by both you and us and memorialized in your Membership Agreement, all payments due will be charged on the day you sign up for such or enter into a membership for such and will cover access to or use of such for a period as indicated or the term for which you subscribed. Payments are made for the upcoming billing cycle and are immediately due upon the first day of such. You will be billed for the relevant services, access, or content, as applicable, until you properly terminate your membership (and corresponding Member Account, if any) or Tough Cookie Travel terminates your Membership Agreement and/or Member Account. Your termination may not take effect until completion of the billing cycle for the then-current term.

We will bill the fees due under your Membership Agreement or for any other agreed-to services to the credit card or other payment option you provide to us or select during registration (or to a different credit card or payment option if you change your payment information). You acknowledge that the amount billed for each renewal term may vary due to promotional offers, changes in the membership or Site, changes to our standard pricing, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

You also authorize your credit card issuer, bank, or payment service to pay any amounts described herein and associated with your Member Account and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account, bank account, or payment service account until you or we terminate your Membership Agreement as provided herein or these amounts are paid in full, whichever is later.

You represent and warrant that you are authorized to use such credit card, bank, or payment service for the purpose of purchasing such memberships, products, or services from us. You further authorize us to store your credit card, bank, and/or payment service information. You must of course provide us with current, complete, and accurate billing, credit card, and Registration Data information. At the beginning of each billing cycle, Tough Cookie Travel will make attempts to charge the applicable fee to the credit card, bank, or payment service on record, and if we are unable to process the payment due, the relevant memberships, products, or services, and your access to them, will be immediately disabled. You must also promptly update all billing information to keep your Member Account and Registration Data current, complete, and accurate, and you must promptly contact Tough Cookie Travel if your credit card or other relevant account information is lost, stolen, compromised, or if you become aware of a potential breach of account security. You authorize us to obtain or determine updated or replacement expiration dates for your credit card or other payment method in the event that such, as you provided to us, expires or is terminated. We reserve the right to charge any renewal card or payment method issued to you to the same extent as the expired or terminated card or payment method. If payment is not received from your credit card issuer, bank, or payment service, you agree to pay all amounts due upon demand. You also agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. Unless otherwise stated, all fees are quoted in U.S. Dollars. Tough Cookie Travel reserves the right, with respect to any amount not paid when due, to charge a finance charge equal to one and one-half percent (1.5%) of the unpaid balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded daily from the date due until the date paid.

Termination

You are solely responsible for properly closing any Member Account or terminating any Membership Agreement you may have with us if you no longer desire to pay for or use the relevant memberships, products, or services. Written notice of termination by either you or us must be sent forty-eight (48) hours prior to your renewal date, or pursuant to the terms of any Member Account or Membership Agreement, and such termination becomes effective at the end of the then-current membership term. Termination is not available during any designated free trial period. To close your Member Account or terminate your Membership Agreement, please email us at toughcookiecorner@gmail.com or as otherwise indicated by Tough Cookie Travel from time to time. Suspension, amendment, or termination does not relieve your obligation to pay amounts due and owing to Tough Cookie Travel.

If you do not amend your membership to another membership, upon terminating your Membership Agreement or any Member Account you have with us you will immediately lose all access to the relevant memberships, products, or services and any data or information stored within your Member Account or associated with the cancelled Membership Agreement.

If you upgrade or downgrade your Membership Agreement, your credit card or other payment provider as indicated in your Member Account information may be immediately charged for the new membership fees as stated in your new Membership Agreement. Any downgrading of your membership becomes effective at the end of your then-current membership term, and may cause the loss of Member Account content, features, or capacity. Tough Cookie Travel disclaims liability for any such loss.

Upon suspension or termination for any reason, Tough Cookie Travel will cease providing the suspended or terminated Services; Company shall delete or confirm you have deleted all copies of any relevant Tough Cookie Travel software or data from your web page(s) or computers; any outstanding balance you owe to Tough Cookie Travel will become immediately due and payable and any collection expenses incurred will be included in the amount owed; you will not be entitled to any refunds of any membership fees or any other fees, unless expressly agreed by Tough Cookie Travel; and all of your historical report data will no longer be available to you through Tough Cookie Travel. Refunds are not granted after seven (7) days after the start of your Membership Agreement, or at any time if any coupon or discount has been applied or if you have participated in the free trial option. You understand and acknowledge that, unless and until all Tough Cookie Travel software and data is deleted from your web page, computers, or Member Account, we may continue to track data on an automated basis. Upon termination, you agree to discontinue all use of the Services, and to delete any Confidential Information (as defined herein) in your systems within one hundred eighty (180) days after the effective date of termination.

Tough Cookie Travel may terminate or suspend your access to use the Site, and to block or prevent your future access to and use of the Site, without prior notice or liability, if you breach this Agreement, or for any other reason.

Electronic Communications

By accessing the Site and submitting to us your contact information, you consent to receiving electronic communications from us. Such communications may include notices about your Member Account and information concerning or relating to the Site. You agree that any electronic notices, signatures, acknowledgements, transfers, agreements, disclosures, or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.

Legal Indemnification

You agree, at your sole expense, to defend, indemnify, and hold us, our independent contractors, service providers, and consultants, and their respective directors, employees, and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (a) your access to or use of the Site and/or the Services; (b) your conduct; (c) your violation of these Terms; (d) your violation of the rights of any third party; and (e) any User Content posted by you. Tough Cookie Travel is not liable for any loss or damage that results from your failure to comply with your obligations in these Terms or from unauthorized access to or use of your Member Account or membership.

We will, at our election and expense, either defend you from or settle any claim, proceeding, or suit (“Claim”) brought by a third party against you alleging that your use of the portion of the Site provided by us infringe or misappropriate any patent, copyright, trade secret, or trademark, right of any third party, and indemnify you from all damages, costs, and attorneys’ fees finally awarded in any such Claim or paid to any third party to settle any such Claim, subject to the following limitations: Our obligation under this section is contingent on your giving us prompt written notice of the Claim; your granting us full and complete control over the defense and settlement of the Claim; and your providing assistance in connection with the defense and settlement of the Claim as we may reasonably request, at our cost. You will not defend or settle any Claim eligible for indemnification under this section without our prior written consent. Our obligation to indemnify, defend, or settle under this section is obviated should you alter the Site or any Services, or use such contrary to these Terms or the terms of your Membership Agreement, if you use a version of such that has been superseded, if the Claim could have been avoided by using an unaltered current version of the Site or Services provided to you, or if you continue to use relevant portions of the Site or Services after the end of your license. Further, Tough Cookie Travel shall not indemnify you to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by us, for any portion of a Claim that is based upon the combination of the Site or Services with any products or services not provided by Tough Cookie Travel, for infringement or a Claim caused by your actions against any third party if the Site or Services as delivered to you and used in accordance with the Terms or your Membership Agreement would not otherwise infringe or violate any third party rights, or for any Claims known to you at the time licensed rights are obtained.

If you are enjoined or otherwise prohibited from using the Site or a portion thereof based on an allegation that the Site violate any third party intellectual property right (including a Claim), or if we reasonably determine that such prohibition is likely, then we will, at our sole expense and option: (a) obtain for you the right to use the allegedly infringing portions of the Site; (b) modify the allegedly infringing portions of the Site so as to render them non-infringing without substantially diminishing or impairing their functionality; or (c) replace the allegedly infringing portions of the Site with non-infringing items of substantially similar functionality. If we determine that the foregoing remedies are not commercially reasonable, then we may terminate the impacted Membership Agreement, or portion thereof, and will promptly provide a prorated refund to you for any prepaid fees received by us for any services properly engaged that have not yet been performed at the time of termination. However, we will have no obligation for any infringement or misappropriation to the extent that it arises out of or is based upon use of the Services in combination with other products or services if such infringement or misappropriation would not have arisen but for such combination; any aspects of the Site that are provided to comply with designs, requirements, or specifications required by or provided by you, if the alleged infringement or misappropriation would not have arisen but for the compliance with such designs, requirements, or specifications; use of the Site by you for purposes not intended or outside the scope of the license granted to you; your failure to use the Site in accordance with written instructions provided by us, if the infringement or misappropriation would not have occurred but for such failure; or any modification of the Site not made or authorized in writing by us where such infringement or misappropriation would not have occurred absent such modification.

This section states Tough Cookie Travel’s sole and exclusive liability, and your sole and exclusive remedy, for the actual or alleged infringement or misappropriation of any third party intellectual property right by the Site.

Professional Advice Disclaimer

The material on the Site is provided for educational purposes only, and is not to be used for medical advice, diagnosis, or treatment. Use of the Site is subject to our Terms.

THE SITE OFFERS HEALTH, WELLNESS, AND FITNESS INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR VIEWED ON THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY OF OUR SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH-CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND TOUGH COOKIE TRAVEL MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, WELLNESS, AND FITNESS ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Warranties Disclaimed

THE SITE, SERVICES, AND ALL USER CONTENT, OTHER SUBMISSIONS, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. TOUGH COOKIE TRAVEL AND OUR 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. TOUGH COOKIE TRAVEL AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE, SERVICES, AND THE USER CONTENT. TOUGH COOKIE TRAVEL AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SITE OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER CONTENT.

YOU AGREE THAT YOUR ACCESS TO OR USE OF THE SITE, SERVICES, AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE ACCESS TO OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. COMPANY DOES NOT WARRANT THAT THE SITE, SERVICES, OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TOUGH COOKIE TRAVEL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE ACCESS TO OR USE OR THE RESULTS OF THE ACCESS TO OR USE OF THE SITE, SERVICES, OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST TOUGH COOKIE TRAVEL, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITE, GOODS, OR SERVICES PROVIDED BY US, THE SERVICES, AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Limitation of Liability

TOUGH COOKIE TRAVEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, OR ANY USER CONTENT;
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
  • BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR
  • ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY TOUGH COOKIE TRAVEL OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOUGH COOKIE TRAVEL IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL TOUGH COOKIE TRAVEL’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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.

EXCEPT FOR LIABILITY ARISING OUT OF TOUGH COOKIE TRAVEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UNDER NO CIRCUMSTANCES WILL TOUGH COOKIE TRAVEL’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR ANY APPLICABLE MEMBERSHIP AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO TOUGH COOKIE TRAVEL UNDER THE APPLICABLE SUBSCRIPTION AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION).

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN YOU AND TOUGH COOKIE TRAVEL. THIS ALLOCATION IS REFLECTED IN PRICING OFFERED BY TOUGH COOKIE TRAVEL TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TOUGH COOKIE TRAVEL. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Except for actions for nonpayment or breach of proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either you or Tough Cookie Travel more than one (1) year after the cause of action has accrued.

Enforcement

You agree that we may, without any limitation whatsoever: (a) investigate any suspected breaches of the security of the Site or our information technology or other systems or networks; (b) investigate any suspected breaches of the Terms; (c) involve and cooperate with law enforcement authorities in investigating any such matters; (d) prosecute violators of the Terms to the full extent of the law; (e) delete or modify any materials on or available via the Site, including any materials you may submit; and (f) discontinue the Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

Governing Law and Applicable Venue

These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your access to or use of the Site will be filed only in the state and federal courts located in California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and/or your access to or use of the Site.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Company services are controlled by U.S. Export Regulations, and may not be exported to or used by embargoed countries or individuals.

Recognizing the global nature of the internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the U.S. or in the country in which you operate or reside and to comply with any other local laws affecting the Site.