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Terms of Service and Privacy Policy
Effective date: 9-22-08
Welcome to Road Trip Journal, an online magazine where road warriors can plan and share their experiences. We offer a myriad of resources for you to gather information and plan your trips. Who better to learn from than those who have “Been There-Done That”?
1. Acceptance of Terms
This Agreement sets forth the Terms and Conditions and Privacy Policies that apply to your use of our services available under the domain name www.roadtripjournal.com (also referred to as the "Site"). We reserve the right to change, modify, add or delete portions of this Agreement at any time without notice. Changes will be posted on this page and the effective date will be updated accordingly. All amended terms will be effective immediately upon being posted to the Site. It is your responsibility to frequently check back and read this Agreement. By using this Site you signify that you have read, understand and agree to be bound by these Terms of Service.
2. Description of Service
Road Trip Journal is an informational resource. Road Trip Journal features articles, journals and blogs for travelers to share their travel experiences and information with other road warriors. The Site also offers businesses a directory to publish their information and describe their services. Road Trip Journal has limited control of content posted by third parties and does not guarantee the accuracy, integrity or quality of such content.
This site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed on third party web sites, nor are such web sites investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Site and access these third party sites, you do so at your own risk. You understand that by using Road Trip Journals services, you may be exposed to links where content is offensive, indecent or objectionable. Under no circumstances will Road Trip Journal be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, 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 Road Trip Journals services.
Advertisers: You must be a legal owner or representative of the business you intend to list with the Site. Our listing services are available only to and may only be used by individuals who can form a legally binding contract under applicable law. If you are applying for a business listing, you certify that you have the authority to bind the entity to this Agreement. You also certify that all information supplied for advertisement is not:
False, inaccurate or misleading;
Fraudulent or involves illegal sales;
Infringe any third parties copyright, trademark, patent, trade secret or other proprietary right or rights of publicity or privacy;
Violates any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination or false advertising)
Be defamatory, trade libelous, threatening or harassing;
Interfere with, surreptitiously intercept or expropriate an system, data or personal information;
Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
Linked directly or indirectly to or include descriptions of services that:
A. Are prohibited under this Agreement; or
B. You do not have a right to link to or include.
Road Trip Journal reserves the right to refuse listing applications to anyone, solely at our own discretion, for any reason, at any time. You may not take any actions that may undermine the integrity of the Site. If we receive substantial member or customer complaints, you may be suspended or removed from our Business Directory without reimbursement of fees.
3. Travel and Other Purchases
Road Trip Journal's planning tools and merchandise purchasing tools are offered to assist customers in determining the availability of travel related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you possess the legal authority to enter into this agreement and to ¬
use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Site. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate.
In the event you have a dispute from any sales initiated by information published on the Site, you release RoadTripJournal.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unkown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4. Use of Copyrights & Trademarks
Any materials on the Site, including without limitation any documentation, logos, content, text, data, graphics, images, interfaces, placement and design or other materials or works of authorship (further known as "Materials") are copyrighted materials owned by or licensed to Road Trip Journal, its advertisers, suppliers or developers and are protected by patent, copyright, trademark and other intellectual property laws. All rights reserved.
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us at
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and provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on the Site
Your address, telephone number and email address
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
5. Indemnification
You agree to defend, indemnify and hold Road Trip Journal harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by:
You or on your behalf in excess of the liability described below
By third parties arising out of content you submit, post, transmit, or make available through Road Trip Journal, your use of the Site.
Any third party arising out of your use of the Site by any person using your account and/or password.
By third parties arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.
6. Liability Disclaimer and Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROADTRIPJOURNAL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. ROADTRIPJOURNAL.COM MAKES NO WARRANTY THAT:
THE SITE WILL MEET YOUR REQUIREMENTS.
THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
THE RESULTS THAT MAY BE OBTAINDED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY ERRORS IN THE SITE WILL BE CORRECTED.
THE INFORMATION AND SERVICES ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
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IN NO EVENT SHALL WE, OUR SUBSIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILTIY, AND THE LIABILTY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEE YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILTIY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATON OR EXCLUSION MAY NOT APPLY TO YOU.
7. Privacy Policy
We do not sell or rent your personal information to third parties for any reason. We collect anonymous information from your visits to Road Trip Journal by using your IP address. We keep track of domain names but not the email address of anyone who uses the Site. We may collect personally identifiable information from you if you purchase a product or enter a contest. We also collect data on pages that you visit. The information gathered is for the sole purpose of improving the content of the Site. We may share aggregate information with advertisers regarding the demographics of our users. This is not linked to any personal information that can identify any individual person.
We partner with third parties to provide specific services such as journals, shopping, contests and payment for advertising. If you voluntarily provide personally identifiable information for any of these reasons, we will forward that specific information to the third parties for processing and/or order fulfillment. While Road Trip Journal will strive to require that any such third parties will follow the appropriate privacy policies and will not authorize them to use any part of this information except for the express purpose for which it was provided, we do not bear any responsibility for any actions or policies of any third parties. Please review these partners Terms of Service and their Privacy Policies for further information.
For your convenience we provide links to third party web sites. If you choose to visit a third party web site or use its products or services, please be aware that this privacy policy will not govern your activities and any information you disclose to such third parties.
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