Terms of Service
Please read these Terms of Service (the “Terms”, “TOS”, or “Agreement”) carefully. The Terms govern your use of the Services (as defined below) and constitutes your consent to this Agreement. This Agreement is entered into between you and TripLog. If you have been provided access to the Services through your relationship with a third-party, you acknowledge that such company is not a party to this Agreement. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY AND CONTAIN A MANDATORY ARBITRATION PROVISION.
This Agreement is between you and TripLog, Inc. (“TripLog”, “we,” “us” or “our”) concerning your use (including any access to) the TripLog web page located at https://triplogmileage.com/ (together with any materials and services available therein, and successor site(s) thereto, collectively, the “Website”) and any related mobile applications (the “Application”), websites, platforms, TripLog Content, Member Content, and all other online products and services (collectively with the Website and Application, the “Services”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by TripLog through the Website, the Application, or otherwise made available to you by TripLog (“Additional Terms”).
These Terms constitute the entire agreement between you and TripLog and supersede all other agreements, representations, warranties, and understandings with respect to our Services and the subject matter contained herein. We may amend our Terms at any time without specific notice to you. The latest copies of our TOS, including any Additional Terms, will be posted on our Website, and you should review them prior to using the Website or Services. After any revisions to our TOS are posted, you agree, by using the Website and/or making use of our Services, to be bound to any such changes. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them.
By using the Services, you affirm that you are at least eighteen (18) years of age (or the age of majority) or have obtained parental or guardian consent to enter into this Agreement if you are at least thirteen (13) years of age but under eighteen (18) years of age. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Services without your consent or authorization, please contact [email protected].
Description of the Service
TripLog helps you track time, location, mileage, expenses, and other important financial data. Employers, Independent contractors, employees, and others use the Services to manage various aspects of their business. For example, TripLog allows and facilitates for users to pass their data to employers for reimbursement or to tax professionals to help them prepare tax returns. We offer additional services such as paid subscriptions to our Premium, Team and Enterprise plans, which are detailed below. For more information about the Services, please contact us at [email protected].
An “Account” is a single individual’s access point to our Services and encompasses the features as found on our Website and within the Application.
A “Member” is any person using our Service.
A “Visitor” is someone who merely browses our Website.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid features of our Website and/or Services, are collectively known as our “TripLog Content”.
“Member Content” is information, data, images, text, and other content provided by our Members through use of the Application, Website, or Services.
A “Subscription” is paid access to one of our premium Services (Premium, Team, Enterprise. Time, etc.).
Eligibility and Registration for Membership
You may view some of our TripLog Content without becoming a Member of our Website. However, to use our Services, you must register and become a Member. Your membership is not transferable or assignable and is void where prohibited. Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Terms. TripLog has the sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation. We may reject, or require that you change, any username, password or other information that you provide to us in registering
When you complete the registration process, you will create a password that will allow you to access our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security regarding your account or information. You agree that TripLog shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Integrating a Bank Account
TripLog grants you a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms.
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make TripLog available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Services; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of TripLog, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in TripLog. If you violate any of the restrictions set forth in the Terms, your use of TripLog will immediately cease, and you will have infringed the copyright and other rights of TripLog Inc., which may subject you to prosecution and damages. TripLog Inc. reserves all rights not expressly granted to you in the Terms.
Subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until canceled. If you initiated your TripLog subscription through the distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store), or other distribution service in which the application has been downloaded (“Application Store”), you can visit their respective support pages online for information about managing your auto-renewing subscription. If you initiated your TripLog subscription from TripLog directly, please contact us at [email protected] with your formal request for cancellation. Cancellations received with at least 7 days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than 7 days before the end the then-current subscription period are effective at the end of the next subscription period. TripLog Inc. may cancel your subscription with or without cause at any time. If TripLog Inc. cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by TripLog. Termination of your subscription will automatically terminate these Terms.
It is your responsibility to provide current, complete, and accurate information for billing in your User Account. You are responsible for promptly updating all information to keep your billing information current, complete, and accurate (e.g., change in billing address, credit card number, credit card expiration date, or telephone number). You must promptly notify us if your credit card information is canceled or is no longer valid (e.g., loss or theft). Changes to such information can be made through the Website or through the pertinent Application Store. If your credit card fails to process for a shipment, your Account may be terminated. TripLog may seek pre-authorization of your credit card prior to your purchase to verify that the credit card is valid and the necessary funds or credit is available to cover your purchase.
Fees For Using The Service
We charge a fee (the “Subscription Fee”) for our Subscriptions. Use of the basic TripLog application is free, but access to certain features are only available through a Subscription. TripLog Subscriptions are available as a monthly fee or prepaid annual fee. The current amount of the Subscription Fee varies based on the plan type and is disclosed on the Website and in the Application. The Subscription Fee may be paid by credit card or we may debit the Subscription Fee on a monthly or annual basis from your Bank Account pursuant to your ACH authorization. The Subscription Fee is non-refundable, except as otherwise required by applicable law.
We may change the amount, frequency, and debit date of the Subscription Fee from time to time in our sole discretion. We will notify you in advance of any change to the Subscription Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Subscription Fee takes effect, you agree to pay the Subscription Fee, as modified.
You may contact us at any time to cancel your subscription by emailing [email protected] with your request.
TripLog may provide estimated tax information via the Application or Website. TripLog provides this information based solely on information and data provided by you to TripLog or from third parties with your consent. The Services provided are not and shall not be deemed to be legal, financial, accounting, investing, tax or other advice. Your financial situation is unique and any inference you make of the information presented to you by TripLog may not be appropriate to your situation. You should consult with your own legal, financial, accounting, or tax advisors. You agree that TripLog is not acting as your agent or fiduciary in connection with your use of the Services.
Discount and Promotional Codes
From time to time TripLog may issue codes that allow you to receive a discount to premium TripLog Content or other benefits. Discount codes must be redeemed at the time you order a subscription to TripLog and cannot be combined with any other discounts, promotions or offers without TripLog Inc.’s express consent. Redemption of service codes is subject to TripLog Inc.’s approval and valid registration with TripLog. Service codes are not transferable except with TripLog’s express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.
Informational Purposes Only
All tools and content provided by TripLog via the Services is for your basic informational purposes only. TripLog does not provide professional tax, health, or legal advice or services. It is up to you in your sole discretion to decide whether or not to utilize the platform provided by TripLog. While we offer information and tools to help you manage your business, we do not provide professional advice and have no liability for your reliance on any information obtained through your use of the Services (whether provided by TripLog or its users). If you elect to use TripLog to find professional guidance, the advice and service you receive is between you and your professional – TripLog is not responsible for the quality of advice or professional services, and you may be subject to the professional’s own terms and conditions.
As between you and TripLog, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by TripLog or is used with permission. When you post, link, or otherwise make available the Services, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any manner or media, on or off the Services. TripLog reserves all rights not expressly set forth in these Terms.
Third Party Materials
We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) (“Third Party Materials“). Our users may also include Third Party Materials in the Content that they post to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, you should be aware that these Terms and all other TripLog policies no longer govern your use of other websites and services. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS). COMPANY ACCEPTS NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES
Personal Data Collected by Third Parties
We may receive Personal Data about you from other sources such as in-app chat support, email, telephone, or from companies that distribute the Services by way of a co-branded or private-labeled website, companies that offer their products and/or services via the Services, or companies that provide services (such as payment processing services) in connection with the Services (collectively, “Partner Companies”).
Our Partner Companies may supply us with information including, but not limited to, your name, e-mail address, mailing address, and other information that can be used to distinguish or trace your identity, either alone or when combined with other information that is linked or linkable to you (“Personal Data”). We may add this information to what we have already collected via our Services in order to perform and improve the Services.
By uploading Member Content, you warrant to TripLog that you have legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated image. You are solely responsible for ensuring that you do not infringe upon the rights of any third parties in such Member Content and for any legal damages caused by your transmission, use, or display of Member Content.
You understand Member Content may contain material that is considered offensive, indecent, or objectionable. We do not in any way guarantee the quality, accuracy or integrity of such Member Content. TripLog is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, TripLog may submit all necessary information to the proper authorities.
If your Member Content is reported to TripLog as being in violation of third party rights, offensive, or as otherwise inappropriate, we may ask you to retract or otherwise modify the questionable content within 24 hours of being notified by TripLog. TripLog has full authority to remove such content at any time, whether or not you have been notified and asked to retract or modify the content, to restrict your ability to post, or to immediately terminate your account without further notification to you. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates these Terms or is otherwise objectionable in our sole discretion.
You acknowledge that TripLog is NOT liable to you for loss or damage to Member Content nor do we warrant that we may have a backup of your Member Content. You should always maintain your own backup copies of Member Content.
TripLog does not make any ownership claims to your Member Content. However, by uploading Member Content, you grant TripLog a limited license to process and back up the Member Content internally and for purposes of providing the Services to you and other Users. TripLog may share Member Content with any third-party without your permission.
You agree not to use our Website to do any of the following:
1) upload, post or otherwise transmit any Member Content that:
- violates any local, state, federal, or international laws.
- infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
- links directly or indirectly to any materials to which you do not have a right to link.
- contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
- contains Website viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Website or hardware or telecommunications equipment, or to extract information from our Website.
- contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
- in the sole judgment of TripLog, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose TripLog, our affiliates, or our Users to any harm or liability of any type.
2) use our TripLog Content to:
- develop a competing Website or help anyone else to do the same.
- create compilations or derivative works as defined under copyright laws.
- re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- decompile, disassemble or reverse engineer our Website and any related Website.
- use our Website in any manner that violates our Legal Terms or any local, state, federal, or international laws.
3) use your account to:
- allow another person to login as you.
- violate any local, state, federal, or international laws.
Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period. If you consent to our collection of location information and you do not subsequently stop the collection of this location information, TripLog will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, TripLog will resume the collection of location information.
The parties acknowledge and agree that Apple Inc. (“Apple”), Alphabet Inc. (“Google”), and their respective subsidiaries, are third-party beneficiaries of these Terms. As such, your acceptance of these Terms will confer upon Apple and Google the right to enforce any of these Terms and conditions against you as a third-party beneficiary thereof.
Member feedback and comments
All remarks, suggestions, ideas, graphics, or other information communicated by you to us regarding general improvements to the Website and that are not Member Content (collectively, “Communications”) is considered our property. You agree that TripLog shall be free to use, disclose, reproduce, license, distribute and exploit such Communications as we see fit, without compensation or any obligation or restriction. To the furthest extent permitted by law, we will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.
To the extent that such Communications contains copyrighted, either owned by you or licensed to you, you grant TripLog a perpetual, irrevocable, royalty-free, worldwide license to use such Communications as we see fit, in any form whether on our Website, Application, or elsewhere. We will not be required to treat any Communications as confidential, and will not be liable for any ideas (including without limitation, product, service, or advertising ideas) and will not incur any liability to you as a result of any similarities that may appear in our Services or other operations. We will be entitled to use the Communications for any commercial or other purpose whatsoever. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Relationship with TripLog
TripLog is strictly a venue that does NOT enter into any other relationship with you, other than that of an independent contractor. Our Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and TripLog or our affiliates or between you and and other User.
THE SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL TRIPLOG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF TRIPLOG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF TRIPLOG’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO TRIPLOG FOR THE SERVICES. TRIPLOG IS IN NO WAY LIABLE FOR MEMBER CONTENT OR ANY OTHER INFORMATION YOU SHARE WITH US WHILE USING THE SERVICES.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Services or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your TripLog account.
Changes to the Services
TripLog reserves the right in our discretion to review, improve, change, or discontinue, temporarily or permanently, the Services and/or any features, information, materials, or content therein with or without providing notice to you. TripLog will not be liable to you or any third party for any changes or discontinuance of the Services or any part thereof.
Consent to Electronic Communications
By using the Services, you agree that we may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected].
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnity Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Washington governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Copyright Claims Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to Company a written notice by mail or e-mail, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Company at 22722 29TH Drive SE, Suite 10, Bothell, WA 98021-4420 or by email to [email protected]. TripLog’s DMCA agent’s phone number is (206) 291-5117.
Suspension and Termination
TripLog may suspend or terminate your rights to access or use the Services for any reason or for no reason at all and with or without notice at TripLog’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at [email protected].
Hardware Device Warranty
For a period of one (1) year from the date of delivery (the “DEVICE WARRANTY PERIOD”), Supplier warrants that the Devices delivered hereunder will conform to the applicable Specifications, and will be free from defects in material, manufacturing and workmanship. Supplier shall (at their discretion) provide a replacement device of similar function, or credit Buyer’s account for the amount paid. This warranty shall not apply to Devices which, after delivery to Buyer, have been (i) repaired or altered (except by, or under the direction of, Supplier) or (ii) damaged or subjected to abuse or misuse. Warranty claims hereunder shall be made by Buyer by making a written warranty claim within the Device Warranty Period. Except as otherwise instructed by Supplier, Buyer shall return all defective Devices to Supplier for inspection. THE FOREGOING REPRESENTS BUYER’S SOLE REMEDY AND SUPPLIER’S SOLE LIABILITY IN THE EVENT OF A BREACH OF THE DEVICE WARRANTY.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH TRIPLOG AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.
These Terms, including any Additional Terms, shall be treated as though they were executed and performed in the State of Washington, and shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Services, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any TripLog Content conflicts or is inconsistent with our Terms, our Terms shall take precedence. Our failure to enforce any provision of our Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of TripLog under our Terms shall survive the termination of any Subscriptions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Services, you and TripLog agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of the American Arbitration Association. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and TripLog are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and TripLog intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be administered by JAMS (Seattle) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
Enforcement of these Terms is solely at TripLog’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.
Free Trial Accounts
We offer the ability to create a free 15-day trial Account (“Free Trial”) for the use of our Services. If you sign-up for a Free Trial, you acknowledge that once the trial period has expired, your Free Trial will be converted into a regular Account and that you must then pay our posted fees to continue using the Services. You acknowledge that we are not obligated to offer or continue offering these Accounts and may terminate your Free Trial before the expiration of the trial period at our sole discretion.
Termination of Your Account
You acknowledge that if you violate these Terms, TripLog reserves the right to terminate your Account(s) without notice. You may also voluntarily terminate your Accounts. You understand that if your Accounts are terminated, you will lose access to our Service and any Member Content you have provided. You understand that we are not obligated to cease use of your Member Content or remove it, though we may take either or both of these actions at our sole discretion. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.