AGREEMENT OF WEBSITE TERMS & CONDITIONS
1. Acceptance of Terms & Conditions Agreement.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your Membership in the Service. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, condition, modifications and notices contained or referenced herein.
Modifications to the Agreement. Three Rivers Travel Medicine, LLC reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement on the Website. Changes in this Agreement will be effective when such change is posted. Your continued use of the Website after any changes to this Agreement are posted on the Website will be considered your acceptance of those changes. Three Rivers Travel Medicine, LLC may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time without notice or liability.
Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. You agree that you will not be provided with a hard copy of this Agreement unless it is printed by you from information contained on the Website.
Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
2. Eligibility to Become a Member.
You must be at least eighteen (18) years of age to register as a Member of the Website or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Term of Agreement.
This Agreement will remain in full force and effect while you use the Website and/or use the Service and/or are a Member. You may terminate your Membership at any time without restriction. Three Rivers Travel Medicine, LLC may terminate your Membership or your use of the Website at any time. All decisions regarding the termination shall be made in the sole discretion of Three Rivers Travel Medicine, LLC. Three Rivers Travel Medicine, LLC is not required to provide you notice prior to termination. Three Rivers Travel Medicine, LLC is not required, and may be prohibited, from disclosing a reason for its termination of your use and/or Membership. After your use and/or Membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
General Safety and Security. Three Rivers Travel Medicine, LLC cannot guarantee your safety and security as a result of using the website. Three Rivers Travel Medicine, LLC cannot guarantee that you will not upload viruses or malicious code from use of the Website.
Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Three Rivers Travel Medicine, LLC of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your log in at the end of each session. Three Rivers Travel Medicine, LLC will not be liable for any loss or damage arising from your failure to comply with this provision.
Proprietary Rights. Three Rivers Travel Medicine, LLC owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Three Rivers Travel Medicine, LLC. Except for that information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content Posted by Users. Three Rivers Travel Medicine, LLC uses content information made available through public and private sources, but not directly created by Three Rivers Travel Medicine, LLC. Such content information is that of its respective authors, and should not necessarily be relied upon. Such authors are solely responsible for the content. Three Rivers Travel Medicine, LLC does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any information made by any party that appears on the Website. Under no circumstances will Three Rivers Travel Medicine, LLC or its affiliates be responsible for any loss or damage resulting from your reliance on content information or other content provided to Three Rivers Travel Medicine, LLC by any third party.
5. Content Posted on the Website.
6. Modifications to Service.
Three Rivers Travel Medicine, LLC reserves the right at to modify and/or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Three Rivers Travel Medicine, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. Website Availability.
The Website and Service may be unavailable from time to time for any reason. Due to circumstances within and beyond Three Rivers Travel Medicine, LLC’s control, the Website and Service may be interrupted or suspended. Three Rivers Travel Medicine, LLC shall bear no liability for any interruption or cancellation.
8. Blocking of IP Addresses.
In order to protect the integrity of the Service, Three Rivers Travel Medicine, LLC reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website and/or Service.
9. Intellectual Property Policy.
Website Intellectual Property. All content included on the Website, including but not limited to text, graphics, logos, button icons, images, and software, is the property of Three Rivers Travel Medicine, LLC or its content suppliers and is protected by U.S. copyright and trademark laws and regulations and/or other laws and regulations. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any copyright, trademark or other proprietary right of Three Rivers Travel Medicine, LLC or its affiliates. All rights are hereby reserved.
Intellectual Property Rights of Others. You may not post, distribute, or reproduce any trademarks, copyrighted material, trade secret material or other proprietary information without first obtaining the written consent of the owner of such rights.
Three Rivers Travel Medicine, LLC is not responsible for any incorrect or inaccurate information or content posted on the Website or in connection with the Service, whether caused by Three Rivers Travel Medicine, LLC, users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Three Rivers Travel Medicine, LLC is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Three Rivers Travel Medicine, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Three Rivers Travel Medicine, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Three Rivers Travel Medicine, LLC or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website by Three Rivers Travel Medicine, LLC and/or its users and/or Members or transmitted to users/Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Three Rivers Travel Medicine, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Three Rivers Travel Medicine, LLC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any information that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Three Rivers Travel Medicine, LLC makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website, whether posted by Three Rivers Travel Medicine, LLC and/or any user and/or Member. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Three Rivers Travel Medicine, LLC has no control over such sites and resources, you acknowledge and agree that Three Rivers Travel Medicine, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Three Rivers Travel Medicine, LLC shall not be responsible for or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through the Website or the Service.
12. Limitation on Liability.
NEITHER THREE RIVERS TRAVEL MEDICINE, LLC, ITS AFFILIATES NOR ITS OR THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, PROPERTY DAMAGE, PERSONAL INJURY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THREE RIVERS TRAVEL MEDICINE, LLC AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO ANY MATTER RELATING TO THE WEBSITE OR ITS CONTENTS, WHETHER POSTED BY THREE RIVERS TRAVEL MEDICINE, LLC OR ANY OF ITS USERS AND/OR MEMBERS.
13. Arbitration and Governing Law.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against Three Rivers Travel Medicine, LLC any lawsuit, class action, class arbitration, or other representative action or proceeding.
Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Three Rivers Travel Medicine, LLC. Your rights will be determined by ARBITRATION, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the Arbitration panel or single arbitrator. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons under the law. You can consult with your own attorney for further details regarding procedure.
Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Three Rivers Travel Medicine, LLC (except for small-claims court actions) may be commenced only in the federal or state courts located in Nevada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Governing Law. This Agreement and any dispute between you and Three Rivers Travel Medicine, LLC shall be governed by the laws of the State of Nevada without regard to principles of conflicts of law, and provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
14. Indemnity by You.
You agree to indemnify and hold Three Rivers Travel Medicine, LLC its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website or Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15. Privacy Information.
Public Information. Any type of information, including posts, photos or videos, that is posted by users or Members of the Website and/or Service is made public and is disseminated in the public. If you do not wish information to become public, you should not post the information.
Non-Public Information. Three Rivers Travel Medicine, LLC collects non-public information from users and Members from registration information you provide and from information provided and posted through the use of technology, including but not limited to, server logs, cookies, pixel tags, web beacons, navigational data, URL’s, location aware device information, information related to devices used to access the Website, GPS, and analytics. Non-public information about you may also be received from your use of social media, the internet, or from other third party sources, such as advertisers, that Three Rivers Travel Medicine, LLC is not required to identify to you. Three Rivers Travel Medicine, LLC may receive non-public information about you whenever you create a Membership, access your account, interact with the Website and/or Service from the Service, the Website, email, advertisers or other third parties to identify the type of information you are interested in or the type of information that draws your attention.
Use of Information. Public and non-public information that is gathered may be used at any time, without notice to the user/Member for many purposes, including but not limited to, enabling access to the Website or the Service, providing a personalized experience while using the Website and/or the Service, making the Website and/or Service faster and easier to use, providing affiliates and partners with information to provide or suggest services to you, developing advertising, developing data to analyze use of the Website and/or Service, for internal operations, and for research and development. Non-public information that is provided to third parties, such as advertisers or partners does not contain any personally identifiable information and may be grouped with other data so that it no longer relates exclusively to you.
Severability. This Agreement contains the entire agreement between you and Three Rivers Travel Medicine, LLC regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The terms and conditions are intended to be severable.
Modification and Change. This Agreement is subject to change by Three Rivers Travel Medicine, LLC at any time. Any and all changed, modified and revised terms will be effective upon posting on the Website.
Non-Waiver. The failure of Three Rivers Travel Medicine, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. An affirmative waiver of any provision hereof shall not be construed as a waiver in the future of any other provision.
Assignment. All of Three Rivers Travel Medicine, LLC’s rights under this Agreement are freely assignable in connection with any merger, acquisition, sale of assets, or by operation of law or otherwise. Nothing in this Agreement creates any rights for third parties.
No Partnership. This Agreement does not make either Party the agent of the other or create a partnership or joint venture between the Parties.
Agreement Headings. Subject headings and captions are included for convenience purposes only and shall not affect the interpretation of this Agreement.
16. Other and Amendments.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.