Terms of Service Agreement

Please read these terms of service use carefully. By accessing or using this website or our online services, you agree to be bound by the terms of service described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this website or our services.

This is our Terms of Service Agreement (“Terms of Service Agreement” or “Agreement”). It governs your use of our online services and any content or information therein (the “Service”), as well as our Sojern.com website, any subdomains of sojern.com and any other website pages on which the Service is provided (collectively, the “Site”) by Sojern, Inc. (“Sojern” or “us” or “we”). Please read the terms and conditions contained in this Agreement carefully. You can access the current version of this Agreement any time at Terms of Service.

This Agreement may be modified by us from time to time. Any modifications we make will be effective immediately upon posting to the Site and the effective date of the latest version will appear on this page. It is your responsibility to regularly check the Site to determine if there have been changes to this Terms of Service Agreement and to review the changes. You hereby waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

This Agreement applies to anyone using the Service and or visiting the Site. By visiting the Site or using the Service, you agree to be legally bound by all of the terms of this Agreement and Sojern’s Privacy Policy, which is incorporated herein by reference, including all changes and revisions to this Agreement and the Privacy Policy. Failure to abide by this Agreement or any other terms or conditions posted anywhere on the Site may result in suspension or termination of your access to the Site or the Service, without notice, in addition to Sojern’s other remedies.

Personal and Lawful Use Only

Unless otherwise specified, the Site and the Service are intended for your personal, noncommercial use only. You agree to use the Site and the Service only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability.

No use by Children Under 13

The Site and the Service are not intended for users under the age of 13. Children under the age of 13 are expressly prohibited from submitting their personally identifiable information to us, and we will not knowingly use or retain any personally identifiable information they submit. Click here to view Sojern’s Privacy Policy. By using the Site or Service you represent and warrant that you are at least 13 years old.

Your Representations and Warranties

By using the Site or Service you represent and warrant that you have read and agree to abide by this Agreement, you have read and agree to our Privacy Policy, any information you submit is truthful and accurate, and your use of the Site and Service does not violate any applicable law or regulation.

Site Access

We may refuse, restrict or suspend your access to the Site or the Service at any time, without warning or notice, for any reason, in our sole discretion. Likewise, we reserve the right to modify, suspend or terminate the Site, the Service, or any feature or portion thereof at any time, without warning or notice, for any reason, in our sole discretion. You expressly agree that we will not be liable to you or any third party for modification, suspension or termination of your access to the Site or Service, or any modification, suspension or termination of the Site or Service itself or any feature or portion thereof.

Certain features or options of our Site and our Service may require you to register or participate in other ways (such as registering as a member of our Travelers Advisory Group). If you choose not to register or participate, you may not have access to those features and options.

Intellectual Property Rights

All of content on the Site and the Service including, but not limited to, the designs, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, information, trademarks, service marks, logos, data, and the selection and arrangement thereof appearing on the Site or delivered to you as part of the Service and the contained therein (collectively, the “Site Content”), are owned by or licensed to Sojern and are subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights and protections under the laws of the United States of America, foreign laws and international conventions. We reserve all rights not expressly granted to you under this Agreement in and to the Site and Site Content.

Copyright Policy

To review our copyright policy, please access the Legal Notices page.

Permitted Use and Limited License

You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, or otherwise) the Site Content or other material obtained through the Site or Service, except as expressly permitted in writing by this Agreement.

We grant you a limited, revocable, non-exclusive license, with no right to sublicense, to access, display, and copy material (excluding any software code or where otherwise prohibited without a license) displayed or provided on the Site or the Service solely for your non-commercial, personal use of the Site and the Service. You may not copy, reproduce, distribute, broadcast, publish, collect into a database, display, perform, modify, create derivative works of, sell, license, transmit, or in any way exploit any part of the Site, the Service or Site Content, except as specifically permitted herein. Any copies you make of Site Content must include all copyright and other proprietary notices included on the original content. Without limiting the generality of the foregoing, you may not distribute any part of the Site or the Service over any network, including a local area network, nor sell or offer it for sale. Using any material displayed on the Site or the Service on any other website or networked computer environment is prohibited. Decompiling, reverse engineering, disassembling, or otherwise reducing any software used on the Site or the Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited, except as permitted by law. Use of any data mining, robots or similar data gathering or extraction methods to gain access to or otherwise exploit Site Content is prohibited.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Sojern or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Sojern logo or other proprietary graphic of Sojern to link to this Site without the express written permission of Sojern. Further, you may not use, frame or utilize framing techniques to enclose any Sojern trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Sojern’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Sojern or any third party.

Prohibited Activity

You may access and use the Site and the Service only for lawful purposes and in accordance with applicable law and this Agreement. You are prohibited from storing, distributing or transmitting any unlawful material through the Site or the Service. You may not collect or store personal information regarding other users. If a third party claims that material you have submitted to the Site is unlawful, you will bear the burden of establishing that it is lawful.

You may not disrupt, overwhelm, attack, modify or interfere with the Site, the Service or any associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site or the Service. You further agree not to alter or tamper with any information or materials on or associated with the Site or Service. Other than connecting to Sojern’s servers by http requests using a web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator passwords or by representing yourself as an administrator while using the Site, the Service or otherwise.

You may not use the Site or the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, indecent, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You may not upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You may not circumvent, disable or otherwise interfere with any security-related features of the Site or the Service, or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site, the Service or the Site Content. Any use by you or any third party of Sojern’s cookies, tags or other tracking technologies utilized by the Site or Service is prohibited.

This is only a partial list of prohibited conduct. We reserve the right to investigate and take appropriate action, including, but not limited to, removing any content from the Site for any reason, suspending or canceling any user’s access to the Site or the Service, and/or taking legal action against any user who violates the terms of this Agreement [or makes available any content that Sojern, in its sole discretion, deems inappropriate. We reserve the right to determine, in our sole and absolute discretion, whether any material falls within any prohibited category or is otherwise impermissible.

Privacy

Use of the Site and the Service is further governed by Sojern’s Privacy Policy , which is incorporated into this Agreement by reference.

Links to Other Websites

The Site and the Service (including advertisements, Site Content and other materials contained in the Site) may contain links to other websites that are not operated, maintained or controlled by Sojern and not subject to this Terms of Service Agreement. We have no control over and make no representations or warranties of any kind with regard to any other websites, their terms of use or the way they may collect, save, store and use information, including your personally identifiable information. We have no responsibility or liability for the services or content of, and do not endorse any other websites, their terms of use or the way they may collect, save, store and use information, including your personally identifiable information. You should review the terms of use of each website you visit. Linking to any service or site is at your sole risk.

Advertisements and Promotions; Third-Party Products and Services

Sojern may run advertisements and promotions from third parties on the Site or as part of the Services and may otherwise provide information about or links to third-party products or services on the Site. Sojern does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Sojern is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non-Sojern advertisers or third party information on the Site.

Disclaimer of Warranties

THE SITE, THE SERVICE AND ALL THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE ARE NOT LIABLE FOR ANY INACCURACIES, ERRORS, OMISSIONS OR MISCALCULATIONS IN ANY OF THE SITE CONTENT, NOR ARE WE LIABLE FOR YOUR RELIANCE ON THE SITE CONTENT, OR ANY OCCURRENCES, OUTCOMES OR RESULTS RELATING TO OR ARISING FROM SUCH RELIANCE, WHETHER OR NOT SUCH CONSEQUENCES WERE FORESEEABLE. SOJERN IS NOT RESPONSIBLE FOR ANY STATEMENTS, WARRANTIES, REPRESENTATIONS, OFFERS, EVENTS OR ADVERTISEMENTS MADE BY ANY THIRD PARTY IN SITE CONTENT.

YOUR USE OF THE SITE, THE SERVICE AND ANY SITE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE IS AT YOUR OWN RISK.

SOJERN, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICE AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE, THE SERVICE OR ANY SITES LINKED TO OR FROM THE SITE OR THE SERVICE.

SOJERN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

In the event that any applicable law does not permit the exclusion of some or all of the above implied warranties from applying to you, the above exclusions will apply to you to the fullest extent permitted by law in the applicable jurisdiction.

Limitation of Liability

IN NO EVENT SHALL SOJERN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF ANY KIND WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) INCURRED, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICE OR ANY SERVICES OR CONTENT PROVIDED OR MADE AVAILABLE VIA THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PERSON’S RELIANCE ON ANY SUCH INFORMATION OR SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, AND WHETHER OR NOT SOJERN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES OR TO THIS TERMS OF SERVICE AGREEMENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

You agree to defend, indemnify and hold harmless Sojern, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, employees and licensors and their respective directors, employees and agents, from and against any and all claims, losses, expenses, damages, obligations, liabilities, and costs, including reasonable attorneys fees, arising from or related to: (a) your use of and access to the Site and the Service; (b) your violation or breach of any of the terms of this Agreement and/or your representations or warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive any termination of your use of the Site and the Service. We reserve the right to take over the exclusive defense of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us.

Location/Consent to Transfer

The Site and the Service are hosted and operated in the United States. Those who access or use the Site or the Service from other jurisdictions do so at their own choice and risk and are solely responsible for compliance with local law. The personal information you submit to our Site and Service will be transferred to and stored in the United States to be processed by us so we can provide this Site and Service to you as set forth in this Agreement and our Privacy Policy.

You hereby acknowledge and agree that we may collect and use your personal information outside your home jurisdiction and that we may store your personal information in the United States. Please note that the level of legal protection provided in countries in which you may access our Site and our Service may differ from the privacy standards or privacy laws of your home jurisdiction.

Law and Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SOJERN AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Nebraska, USA, as they are applied to agreements that are entered into and performed entirely within the State of Nebraska.

You and Sojern agree to arbitrate any dispute arising from this Agreement or relating to the Site or Services, except that you and Sojern are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT AND FROM HAVING A JURY TRIAL.

You and Sojern agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Omaha, Nebraska, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Sojern also agree that the state or federal courts located in Omaha, Nebraska have sole and exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration and you expressly consent to the exclusive and personal jurisdiction of said courts over yourself and any such matters. Other than class procedures and remedies discussed in the next sentence, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, neither you nor Sojern will commence against the other a class action, class arbitration or other representative action or proceeding and both parties expressly waive any right to bring or maintain such an action.

Transferability of Rights

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Sojern without restriction.

This Agreement

If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. This Agreement, together with the Privacy Policy, is the entire agreement between the parties relating to the matters contained herein.

Questions & Contact Information

All other questions or comments about the Site or its contents should be directed to mktg@sojern.com.

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