Terms & Conditions
Last updated: 05/26/2024
Welcome to The Tucker Trips Website!
Thank you for visiting The Tucker Trips Website (“Website”), owned and operated by Tucker Trips, LLC (“we,” “our,” or “us”). We ask that you review these Terms and Conditions (“Terms”), which are intended to constitute a binding agreement that conditions your use of our Website (“Agreement”). We have tried to avoid unnecessary legal verbiage and hope that you understand that we are simply trying to protect our rights in order to provide you with access to the free content available on this Website.
If you don’t wish to be bound by this Agreement after you have read it, please leave the Website. If you remain on this Website, or return thereafter, you agree to be bound by this Agreement. We reserve the right to make changes to this Agreement at any time.
Using our Website
You must follow any policies made available to you within the Website, including these Terms. You agree to act responsibly and not misuse our Website. For example, don’t interfere with our Website, try to access it using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from it (also known as scraping). You may use our Website only for your personal non-commercial use, and as permitted by law. We may suspend or stop providing our Website to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
Intellectual Property Rights
- All content on our Website, including, without limitation Website logo, design, text, graphics, other files, and the selection, arrangement, and organization thereof (“Content”) are either owned by us or are the property of our affiliates or licensors. You may not use our Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law.
- Tucker Trips, LLC, the terms Tucker Trips, and related names, logos, product and service names, designs, and slogans are trademarks of Tucker Trips, LLC or its affiliates or licensors. All other trademarks, trade names, and the like that appear on the Website are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without their express permission.
- Ownership and Use. We will retain ownership of our intellectual property rights, and using our Website does not give you ownership of any intellectual property rights in our Website or the Content you access through it. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from the Content, except as expressly set forth in these Terms. Notwithstanding the foregoing, you may use the Content and materials on our Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law.
- Limited License. We grant you a limited license to use the Content, subject to our prior written approval and discretion, if you will use such content solely for campaign, personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching, classroom use, scholarship or research. Don’t remove, obscure, or alter any legal notices displayed in or along with our Website. Except as expressly provided above, all rights are reserved. Commercial use of any of the Content is strictly prohibited.
- Third-Party Content. Our Website may display some Content that is not our own. For example, Content belonging to our advertisers, other third parties, you, or other users (collectively, “Third-Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third-Party Content. Third-Party Content is the sole responsibility of the individual or entity that makes it available to you via the Website. We may review Third-Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third-Party Content that we believe violates our policies or the law. If you own copyrighted Third-Party Content appearing on this Website and would like it removed, you may submit a notification to our Copyright Agent as provided in Section 3 below.
DMCA Notice
If you are a copyright owner or its agent and believe that any Content residing on or accessible through our Website infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- Identification of the work or material being infringed;
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence;
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address;
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law;
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
The contact information for our Designated Agent is:
Tucker Trips, LLC
Attention: Copyright Agent
7 Clermont Road
Wilmington, DE 19803
Email: tuckertripsllc@gmail.com
Privacy and Feedback
Our privacy policy explains how we treat your personal information and protect your privacy when you use our Website. You agree to comply with our privacy policy, which is incorporated by reference to these Terms.
By using our Website, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the Website.
If you submit feedback or suggestions about our Website, you agree that we may use your feedback or suggestions without obligation to you.
Modifying or Terminating our Website
We are constantly changing and improving our Website. We may add or remove functionalities, features, or Content, and we may suspend or stop the Website altogether, at any time, without notice or liability.
You can stop using our Website at any time, although we’ll be sorry to see you go. We may also stop providing our Website to you, or add or create new limits to our Website, at any time.
Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER TUCKER TRIPS, LLC NOR ITS LICENSORS, ADVERTISERS, OR AFFILIATES MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE WEBSITE, THE SPECIFIC FUNCTIONS OF THE WEBSITE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DON’T MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE WEBSITE “AS-IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE WEBSITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “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.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.
Liability for our Website
IN ORDER TO PROVIDE YOU WITH THIS FREE SERVICE, WE ARE UNABLE TO ACCEPT LIABILITY FOR
ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON THIS WEBSITE OR ANY LOSSES YOU MAY INCUR. TO THE EXTENT NOT PROHIBITED BY LAW, TUCKER TRIPS, LLC (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, ADVERTISERS, AND AFFILIATES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN ALL CASES RELATING TO PROVIDING YOU THE WEBSITE, TUCKER TRIPS, LLC (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, ADVERTISERS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
Indemnification
You hereby agree to indemnify, defend, and hold harmless Tucker Trips, LLC, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these Terms, any content you provide through the Website, or your use or misuse of the Website. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.
About these Terms
- We may modify these Terms or any additional terms that apply to our Website for any reason, for example, to reflect changes to the law or changes to our Website. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Website, or via email. By continuing to use the Website after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms, you should discontinue your use of the Website.
- This Agreement constitutes the entire agreement between you and us relating to your access to and use of this Website and supersedes any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by this Agreement are reserved by us.
- These Terms control the relationship between Tucker Trips, LLC and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
- All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
- All disputes arising out of or relating to this Agreement (including formation, performance, breach, enforceability and validity) or our operation of this Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- You may not assign or delegate your rights or obligations relating to these Terms without our prior written consent. We may assign these Terms or assign or delegate any of our rights or obligations at any time.
Contact Us
For information about how to contact Tucker Trips LLC, please visit our contact page.
