Terms of Use - TRAVELS WITH TWIST

Terms of Use

Alpha Blonde, LLC and its employees, agents, and affiliates (collectively, “Travels with Twist”, “we”, “us”, or “our”) offers a number of services, including the copyrighted website at www.travelswithtwist.com (the “Website”) and free email subscription services (the “Email Services”) that include copyrighted emails from us (the “Emails”) (collectively, the “Services”). We’ve drafted these Terms of Use (“Terms”) so you’ll know the rules that govern our relationship with you.

Accepting the Terms

By using or accessing our Services in any way, including by viewing or browsing the Website, subscribing to Email Services, or viewing Emails, you represent (i) you are at least eighteen years old and (ii) agree to be bound by these Terms, which are a legal contract between an individual subscriber, member, or user (“you”) and Travels with Twist regarding your use of the Services. These Terms apply to unregistered users accessing the Services and users who have registered for the free Services, so please read them carefully. If you do not agree with them, do not access our Services.

Travels with Twist reserves the right to change or replace these Terms at any time, at its sole discretion. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Nature of the Services

The Services, including the Website and the Email Services, are for entertainment purposes only. The owner of this site is not a travel agent, investment advisor, financial planner, nor legal or tax professional, and articles herein are of an opinion and general nature and should not be relied upon for individual circumstances. Opinions presented on the site are ours. While we do our best to be accurate, timely, and far-reaching in our travel advice, we will occasionally fail. Sorry.

Using the Services

You agree to use the Services only for purposes permitted both by the Terms and in accordance with all applicable laws, regulations, and generally-accepted practices and guidelines in relevant local, national, and international jurisdictions. You agree you are solely responsible for any breach of your obligations under these laws, regulations, practices, and guidelines. for breaches of your obligations under the Terms, and for any consequences of any such breaches.

The materials and information provided via the Services are provided for only personal, non-commercial use. If you wish to make commercial use of any of the materials accessed through the Services, or wish to make materials public in any way, you must obtain prior express written consent from Travels with Twist. Without limiting the generality of the foregoing, the following are types of uses Travels with Twist expressly defines as falling outside of “non-commercial use”: the sale or rental of (1) any part of the Services, including the Website and Emails; (2) any derivative works based at least in part on the Services, including the Website and Emails; and (3) any collective work that includes any part of the Services, including the Website and Emails.

You are solely responsible for any content you post or submit to Travels with Twist for posting through the Services, as well as the consequences of posting or publishing that content. By uploading, submitting, creating, or publishing your user content to or through the Services, you affirm, represent, and warrant you are the creator and owner or have the necessary licenses, rights, consents, and permissions to use and to authorize Travels with Twist and the users of Travels with Twist’s Services to use and distribute your content in the manner contemplated by Travels with Twist and these Terms. You also affirm, represent, and warrant your user content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Violators of these third-party rights may be subject to criminal and civil liability. You understand Travels with Twist does not guarantee any confidentiality with respect to any content you submit.

By submitting or distributing postings through the Website, you hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access your postings. You also agree not to delete any copyright or other proprietary rights notices on the Website or its content.

You also agree not to defame, harass, abuse, threaten, or defraud users of the Services, or collect, or attempt to collect, personal information about users without their consent. You may not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures).

We do our best to provide you with travel advice and treat all of our customers and subscribers fairly. We expect you to treat us fairly in return. We reserve the right to immediately cancel your subscription and refuse future service to you if you are hostile toward or if you threaten or bully any employees or partners of Travels with Twist, including our customer support team members.

You shall not access or use, or attempt to access or use, any of the Travels with Twist Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.

You understand in order for Travels with Twist to provide the Services, Travels with Twist may transmit your content over various public networks and in various media and may make changes to your content to meet the technological requirements of such networks and media.

Sometimes the Website, Emails, or other content provided through the Services will reference third-party materials or content. You are solely responsible for your use of any third-party websites or resources. Although material provided through Travels with Twist’s Services may contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

The Services are provided for informational purposes only and do not constitute advice of any kind on which you should rely, or a recommendation to buy or sell any goods or services.

You affirm you are more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and are able to comply with the Terms. You must be at least 13 years old to be allowed to register for or submit content to the Services. If you are not at least 13 years old, you shall not attempt to subscribe to the Services or submit content to Travels with Twist.

Ownership and Proprietary Rights

The visual interfaces, graphics, designs, compilations, information, computer code (including source code and object code), products, software, services, and all other elements of the Services provided by Travels with Twist are protected by United States copyright, trade dress, and trademark laws, international agreements, and other intellectual property and proprietary rights. Except for content provided by users or otherwise noted, all materials made available through the Services are the property of Travels with Twist or third-party licensors. Unless expressly authorized by Travels with Twist, you agree not to reproduce, distribute, gift, share, sell, license, transmit, in any form or by any means, any of the material and information made available through the Services. Travels with Twist reserves all rights to content made available through the Services that is not expressly granted in the Terms.

Copyright Protection

Travels with Twist respects the intellectual property rights of others. In fairness to other creators and copyright holders, our policy is to respond to notices of alleged infringement according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). In appropriate circumstances and pursuant to the DMCA, we will terminate or refuse access to users of our system who are repeat infringers.

If you are the owner of content that is being improperly used via our Services without your permission, you may request the content be removed under the DMCA. To make such a request, please notify Travels with Twist’s copyright agent at the following address:

A proper DMCA notification should contain the following items:

a physical electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the work claimed to have been infringed, or a representative list;
identification of the material claimed to be infringing that is reasonably sufficient to permit Travels with Twist to locate the material;
information reasonably sufficient to allow Travels with Twist to contact you, including a name, address, telephone number, and email address;
a statement that you have a good faith belief the use of the material in the manner complained of is not authorized by the rights owner, agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the rights owner.

It is a violation of federal law to knowingly materially misrepresent material is infringing.

Privacy

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree Travels with Twist can use such data in accordance with our Privacy Policy. We are committed to protecting the privacy of children. Travels with Twist does not collect personally identifiable information from any person who it knows is under the age of 13. The Services are not intended or designed to attract children under the age of 13.

Advertising/Affiliates

The Services are free; content is available to all. Our Advertising/Affiliates Policy explains how the cost of the Services is defrayed by advertising and affiliate links. You don’t have to use these links, but we appreciate it if you do. Compensation has not and will never influence our review or recommendation of a product or service.

Limitation on Our Liability

We provide our Services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds. We make no warranty our Services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. You understand when you use the Services, you may be exposed to information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Travels with Twist with respect to your exposure to such content. You acknowledge and agree Travels with Twist may suspend or discontinue, without prior notice to you and at Travels with Twist’ sole discretion, some or all of its services, making the services unavailable to you or other users. Travels with Twist may also remove any content or disable access to any users at any time and for any reason at the sole discretion of Travels with Twist.

You also agree material downloaded or otherwise obtained through your use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by our Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. Travels with Twist makes no representation its Services are appropriate for use in locations outside the United States. Those who access or use the Services from other jurisdictions do so on their own volition and are responsible for compliance with local law. These Terms incorporate by reference the EU Safe Harbor Policy.

You further agree to indemnify, defend, and hold harmless Travels with Twist, its owners, employees, operators, affiliates, licensors, and licensees to the fullest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees and expenses, related to your use of the Services, violation of these Terms, violation of any third-party right (including without limitation any copyright, property, or privacy right), or any claim content caused damage to a third party.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

In the event any limitation on the period of time for bringing an action, claim, dispute or proceeding against us located in this “Limitations on Our Liability” section is determined or held to be inapplicable or unenforceable by any court, arbitration panel ,or other tribunal, then the statute of limitations for the State of Colorado shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

You acknowledge we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Denver County, Colorado, or the United States District Court, District of Colorado, Denver County, Colorado. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Travels with Twist reserves all rights and remedies against any user who violates these Terms.

Arbitration

You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Arbitration section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

By using the Services in any way, you unconditionally consent and agree: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Travels with Twist arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of these Terms to arbitrate, will be resolved exclusively by final and binding arbitration administered by the Judicial Arbitration and Mediation Service (JAMS) and conducted before a sole arbitrator in accordance with the rules of the JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Denver, Colorado, United States; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein you may have entered into in connection with Travels with Twist; (5) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or Travels with Twist.

If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Travels with Twist shall be entitled to arbitrate their dispute.

Miscellaneous

The failure of Travels with Twist to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver is valid and effective only if it is in writing and signed by an authorized representative of Travels with Twist.

If any provision in the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of other provisions.

The heading references herein are for convenience only. The headings do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
You agree any cause of action arising out of or related to the Services must commence within six months after the cause of action accrues. Otherwise such cause of action is permanently barred.

The Terms, and your relationship with Travels with Twist under the Terms, shall be governed by the laws of the State of Colorado. You agree any action at law or in equity arising out of or relating to the Terms that is not subject to the arbitration provision herein will be filed only in the state or federal courts in and for Denver County, Colorado, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings, and/or representations regarding the same.

Location

Travels with Twist operates the Website in the United States. Information contained provided via the Services is not appropriate or available for use in other locations. Accessing the Services from territories outside the United States is prohibited. If you access the Services from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the United States, State of Colorado, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Denver County, Colorado any cause of action relating to or arising under these Terms or the Services that does not otherwise fall within the Arbitration provision above.