This website located at www.travnar.com (the "Site") is owned and operated by Travnar, Inc. and its authorized agents. Travnar, Inc. (referred to here as "Travnar" "we" or "us") makes the Site available for use by customers and potential customers ("you" or "your"). The Site enables you to make requests of us, and register to receive information from us regarding Travnar and our products and/or services. Travnar agrees to provide you with access to the Site subject to these Site Terms of Use (the "Terms of Use"). In consideration for your use of the Site, you agree to use the Site in accordance with these Terms of Use. If you register for, or access, our Site in any manner, your access constitutes use of the Site.
BY REGISTERING FOR, OR USING THIS SITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE AS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR ANY PROVISIONS CONTAINED THEREIN, DO NOT REGISTER FOR, ACCESS OR USE THIS SITE.
Changes to the Site and Terms of Use
Because the Internet is an evolving medium, from time to time we will change, or make improvements to, the products, services, programs and prices described on the Site. Such changes and/or improvements shall be made without notice to you.
From time to time, we also will change these Terms of Use or impose new conditions on the use of the Site, in which case we will post the revised Terms of Use on this Site. A revised form of these Terms of Use will be effective immediately upon its posting on this Site. You are responsible for reviewing the most current version of these Terms of Use before using the Site to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use or this Site, you should immediately stop accessing or making any use of this Site. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use and to the Site are reasonable.
These terms are effective as of: July 10, 2010
Privacy Policy
The Travnar Privacy Policy may be found on the Site. The Privacy Policy is hereby incorporated in these Terms of Use by reference and made an integral part thereof.
Online Commerce
Travnar may allow you to view and make purchases through this Site. In order to make such a purchase through this Site, you will have to provide a form of payment that is acceptable to Travnar, a billing and (if applicable) a shipping address, and other contact information necessary to process your payment and to properly fulfill the purchase. All orders and purchases are subject to Travnar's review, confirmation, approval, and pursuant to any relevant credit terms as between you and Travnar.
You agree to be financially responsible for all purchases made through the Site by you or others acting on your behalf. You agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only make purchases for yourself or for others for whom you are legally permitted to do so and for whom the purchase through the Site is authorized under these Terms of Use. When making a purchase for a third party that requires you to submit the third party's personal information to this Site, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
The Site may include technical inaccuracies, typographical errors, or incorrect pricing. In the event of an incorrect price being listed due to typographical error or error in pricing information or for any reason, we have the right to refuse or cancel any unshipped orders placed at the incorrect price. Travnar shall have the right to refuse or cancel any such orders at any time prior to shipment or provision, regardless of whether or not the order has been confirmed or payment has been received. If payment has been received, Travnar will refund the payment or issue a credit to your account, at Travnar's election.
Registration
You must complete an online registration form in order to use this Site. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Travnar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Login and Password
To use the Site, you will need a login and password. The initial login and password may be changed once you register to use the Site. You are responsible for maintaining the confidentiality of your login and password, and all activities (whether by you or by others) with respect to the Site that occur under your login or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by Travnar as a result of your failure to maintain the confidentiality of your login and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your login and password, or your authorization to allow another person to access and use the Site with your login and password. You agree to notify us immediately of any unauthorized use of your login and password, the need to deactivate a login and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
Intellectual Property
Copyrights
You acknowledge, understand and agree that Travnar has sole and exclusive ownership of all right, title and interest in and to any and all materials on the Site, including but not limited any and all software, code or other programming, product images, designs and information, marketing images (including but not limited to trademarks and other logos), designs, plans and tools, and all other product, marketing and business-related information and data (collectively, the "Materials"). You further acknowledge, represent and warrant that you have not acquired, and shall not acquire, whether by operation of law, these Terms of Use, or otherwise, any right, title, interest, or other ownership in or to the Materials.
Trademarks
You acknowledge, understand and agree that Travnar has the sole and exclusive ownership of all right, title and interest in and to Travnar's trademarks, and all registrations and applications therefore. Travnar's trademarks include but are not limited to the TRAVNAR, the TRAVNAR & Design, and MILESAGE trademarks (the "Travnar Trademarks"). You further acknowledge, represent and warrant that you have not acquired, and shall not acquire, whether by operation of law, exercise of rights under these Terms of Use, or otherwise, any right, title, interest, or other ownership in or to the Travnar Trademarks which are protected by federal and state law in the United States and throughout the world. The Travnar Trademarks may not be used, copied, or imitated.
Grant of RightsWhen using this Site, Travnar hereby grants you the non-exclusive, terminable, right pursuant to these Terms of Use to view the Materials and the Travnar Trademarks.
Compliance with Applicable Laws
You are responsible for ensuring that your use of the Site complies with all laws directly or indirectly applicable to you or Travnar. TRAVNAR IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE SITE IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
This Site is not Intended for Children
This Site is intended to be used by adults only, and is not intended to be used by children. No one under the age of thirteen (13) may register for or use this Site, and by registering for and using this Site, you are certifying that you are not under thirteen (13) years of age. We do not collect personally identifiable information from any person whom we actually know is a child under the age of thirteen (13).
Travnar's Contact Information
If you have any questions regarding these Terms of Use or any other matter, you can contact Travnar directly online here:
or you can contact Travnar at the following address:
TRAVNAR, Inc.
Centre Square Building
1500 Market Street
12th Floor, East Tower
Philadelphia, Pennsylvania 19102
or by telephone
215-496-0605
or by facsimile
215-701-5485
Limitation of Liability and Disclaimer of Warranties
When using this Site, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site.
ACCESS TO THIS SITE ITS CONTENT AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAVNAR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SITE OR THE PRODUCTS SOLD THEREBY. TRAVNAR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE SITE, (ii) THE QUALITY AND SECURITY OF THIS SITE, OR (iii) THE INABILITY TO ACCESS THE SITE OR ITS CONTENT, INCLUDING WHETHER THE SITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THIS SITE. WHEN USING THIS SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF TRAVNAR. ACCORDINGLY, TRAVNAR ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE, AND YOU (AND NOT TRAVNAR) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
Limitation of Damages and Remedies
YOU AGREE THAT TRAVNAR SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE SITE. YOU FURTHER AGREE THAT TRAVNAR SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE SITE. IN NO EVENT WILL TRAVNAR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF TRAVNAR , ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAVNAR's CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY TRAVNAR MATERIALS OR PRODUCTS, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRAVNAR BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS SITE OR THE CONTENT. Any claims made by you in connection with your use of this Site its content or the Materials, must be brought within one (1) year of the date on which the event giving rise to such action occurred. Any remedies available to you are stated and set forth in these Terms of Use and are limited to those expressly provided for herein.
Termination
Travnar, at its sole discretion, reserves the right to cancel or terminate your right to use the Site, or any part of the Site, at any time for any reason, with or without cause, and without notice. In such event, you are no longer authorized to access the part of the Site affected by such cancellation or termination. You agree that no fees or payment will be due to you upon any termination of these Terms by Travnar.
Your right to use this Site will terminate (i) upon termination by Travnar for any reason without notice, or (ii) immediately upon your ceasing to do business for any reason or (iii) upon breach of these Terms of Use.
Survivability
The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law.
Indemnity
You agree to indemnify and hold Travnar, its officers, directors, employees, members, agents, and suppliers harmless from any and against all claims, actions or demands, liabilities and settlements, including without limitation our reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of the Site; (iii) your unauthorized or unlawful use of the Site; and (iv) the unauthorized or unlawful use of the Site by any other person using your login and password.
No Extraterritoriality
Travnar is based in Commonwealth of Pennsylvania in the United States of America and makes no claims that the Site is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. Travnar makes no representation that the Site is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Site is prohibited from jurisdictions where the Site, or its content, is illegal. Those who choose to access the Site do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export the Materials in violation of U.S., or any other country's, export laws and regulations. Access to the Site and creation of certain postings may not be legal by certain persons in certain countries. If you access this Site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Reservation of Rights
Travnar reserves all rights not expressly granted to you herein.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with Travnar, including without limitation any claim involving Travnar or its affiliates, subsidiaries, employees, members, officers, or agents: (i) you will submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania, including, without limitation, the United States District Court for the Eastern District of Pennsylvania, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with Travnar, including without limitation any claim involving Travnar or its affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
Entire Understanding
These Terms of Use constitute the entire agreement between Travnar and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.
We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of Travnar shall be void.
If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Headings
The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.