Terms of Use

UPDATED 07/2020

Welcome to TRVL PORTER, INC., (“TRVL PORTER”) an incorporated company organized and registered to engage in business in the State of California and Delaware. Throughout this “Terms of Use” document TRVL PORTER, INC. will also be known by the following “we”, “us”, and “our”.  This website/platform/mobile application and all the rights, licenses and intellectual property within is the exclusive property of TRVL PORTER, INC. The use of the word “Sites” refers to the website, platform and mobile application. Your use of, and access to, TRVL PORTER content and content delivered and/or received on TRVL PORTER platforms indicates your user acceptance of these Terms and Conditions. 

Please read the following terms and conditions carefully before using this Web site or any of our other Web sites. By accessing or using our sites, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our sites. The following terms and conditions apply to all of our Web sites, including any Web sites owned, operated or sponsored by any of our subsidiaries or affiliates. "Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our Web sites. 

Membership

You may need to be a member of the Sites to access the Sites or use the content or services. However, access to some areas of the Sites and some content and services may also be restricted to premium or hosting members only. On becoming a member, you will be required to enter into a separate Membership Agreement. 

Proprietary Rights

Your use of the Sites does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites. You may be required to download a single copy or update content contained on the Sites, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content remain the property of TRVL PORTER, INC. This includes products available for sale/licensing on the Sites. Your use of the Sites does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites. If you make other use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided above, you will violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Copyright Agent

We respect the intellectual property rights of others, and require that those people who use the Sites, or the services or features made available on or through the Sites, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to TRVL PORTER, INC a. your address, telephone number, and email address; b. a description of where the alleged infringing material is located; c. a description of the copyrighted work that you claim has been infringed; and. a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Trademarks

The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the Sites, or on content available through the Sites, are registered and unregistered Trademarks of TRVL PORTER, INC. Nothing contained on the Sites should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the Sites without the written permission of TRVL PORTER, INC. or the third party that may own the applicable Trademark.

Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.

To the extent a name, logo or design does not appear on the sites, such lack of appearance does not constitute a waiver of any intellectual property rights that TRVL PORTER, INC. has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved.

Changes to Terms of and Conditions

TRVL PORTER, INC. may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you. Changes in the Terms and Conditions will be effective when posted by us on the Sites. Your continued use of the Sites and/or the services made available on or through the Sites after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

User Information

In the course of your use of the Sites and/or the content or services made available on, or through, the Sites, you may be asked to provide certain personalized information to us (User Information). TRVL PORTER, INC. information collection and use policies with respect to the privacy of such User Information are set out in the Sites’ Privacy Policy. You are solely responsible for the accuracy and content of User Information. TRVL PORTER, INC. often times will collect and store data provided by users on the sites. This is data may be used to conduct research on user location, interests and other business related uses. Users of the sites acknowledge and agree that the data provided to TRVL PORTER, INC. through the sites is property of TRVL PORTER, INC. and the users have no claim to the provided data.

We do not want to receive confidential or proprietary information from you through our Web site. If you transmit to or post on our Web site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy.

You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

Linking to the Sites

You agree that if you include a link from any other web site to the Sites, such link must link to the full version of an HTML formatted page of the Sites. You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to the Sites in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve our right to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you. 

Third Party Sites

You may be able to move from the Sites to third party web sites (Linked Sites). You acknowledge and agree that TRVL PORTER, INC. has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. The inclusion of any link to such web sites on our Sites does not imply the TRVL PORTER, INC. endorsement, sponsorship, or recommendation of that website the TRVL PORTER, INC. disclaims any liability for links to another web site. 3rd Party sites include mobile and desktop applications as well as websites and accessible online platforms.

Disclaimer (Non-excludable Rights)

TRVL PORTER, INC. does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:

A. all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied ;

B. TRVL PORTER, INC. and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;

C. TRVL PORTER, INC. does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components;

TRVL PORTER, INC. does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of TRVL PORTER, INC. will TRVL PORTER, INC. or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites or the content. To the fullest extent permitted by law, TRVL PORTER, INC. Includability for breach of any implied warranty or condition which cannot be excluded is limited at the option TRVL PORTER, INC. to the following: a. in the case of services supplied or offered by TRVL PORTER, INC: I. the supply of the services again; ii. the payment of the cost of having services supplied again; and. in the case of goods supplied or offered by us: i. the replacement of the goods or the supply of equivalent goods; or ii. the payment of the cost of replacing the goods or acquiring equivalent goods. 

Applicable Laws

We control and operate the Sites from our offices in California in accordance with the laws of California and the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

California Users Only

Pursuant to the States of California Civil Code §1789.3 (The provider of an electronic commercial service shall provide to consumers with which it contracts to provide the service, at the time it contracts to provide the service and annually, on or before June 30 of each year thereafter, all of the following information:).

For any and all complaints/general inquires please contact; 

TRVL PORTER, INC.

INFO@TRVLPORTER.COM

California users are entitled to specific consumer right notices. For more information contact the following agency;

The Complaint Assistant Unit

Division of Consumer Services

California Department of Consumer Affairs

1625 North Market Blvd.

Sacramento, CA 95834

Children’s Online Privacy Protection Rule (COPPA)

Congress enacted the Children’s Online Privacy Protection Act (COPPA) in 1998.  COPPA required the Federal Trade Commission to issue and enforce regulations concerning children’s online privacy.  The Commission’s original COPPA Rule became effective on April 21, 2000.  The Commission issued an amended Rule on December 19, 2012.  The amended Rule took effect on July 1, 2013.

TRVL PORTER, INC. is for use by those 13 years of age and older. If you have found yourself using the sites and are under the age of 13, please navigate away from the sites and cease usage. If a user who is under the age of 13 submits information to us we will destroy that data. In the event we discover users under the age of 13, those accounts will be deleted from our servers immediately.

TRVL PORTER, INC. encourages that users under 18 always get their parents/guardian permission before going online or using any online service or mobile application.

Strict Performance & Content Access

Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

Please note that the use of certain Material or the conduct of certain transactions on or through the Site may be subject to additional terms and conditions that shall be made available to you prior to your use of such Material or participating in such transactions. We reserve the right, in our sole discretion, to change, modify or otherwise alter the terms and conditions of this Agreement with or without notice to you. Such changes and/or modifications shall become effective immediately upon the posting thereof on the Site. Your continued use of the Site shall constitute your continuing acceptance of any and all revised terms and conditions. TRVL PORTER, INC. may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice to you. TRVL PORTER, INC. may also impose limits on certain features or services or restrict your access and use of the Site without notice or liability.

Thank you for visiting TRVLPORTER.com and please contact us with any questions or concerns you may have.