- User Agreement
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This User Agreement sets forth the conditions for use of Shoreland's TripPrep.com service (the "Service"). Use of the Service indicates your agreement to abide by all of the following terms and conditions.
Shoreland reserves the right to change, suspend or discontinue the Service or any part thereof (including, without limitation, any content therein) and to otherwise limit or restrict access thereto at any time.
Terms of Permitted Use/Prohibited Uses
Individuals acting in their own capacity only are hereby granted a revocable, nonexclusive license to use the Service and the content therein, subject to the terms and conditions of this agreement, solely for their personal, noncommercial use and for no other purpose (the "permitted use"). Use which is authorized hereunder is limited to downloading and copying on your personal computer reasonable amounts of content, provided that you maintain on all such copies any and all copyright, trademark and other proprietary notices, symbols, legends and other restrictions which are contained therein. Any use of the Service or any content therein other than a permitted use, including, without limitation, commercial or other non-personal use of the Service or its content (e.g., use by a doctor or nurse to provide information therein to a patient) or use by a business or other organization to distribute such information in the course of a business or other proprietary activity, is not a permitted use, is beyond the scope of this license, and is strictly prohibited.
Ownership and Proprietary Rights
The Service contains copyrighted and other proprietary information of Shoreland and others. Except as otherwise expressly provided in this agreement, you may not reproduce, publish, redistribute, modify, create derivative works, or otherwise commercially exploit or use any content provided in the Service. By using the Service, you agree (1) that any such use shall not create any ownership or other proprietary interest in or to the Service or any part or content thereof; and (2) to abide by all applicable copyright and other legal requirements and restrictions with respect to the Service or any content therein. Address queries regarding permitted use to email@example.com.
Neither the Service nor any of the content therein is intended to replace qualified professional or medical advice. If you need medical advice or other health care assistance, you should obtain the advice of a qualified provider. The Service and the content therein are based on reports and information from publicly available sources. Since many such sources are governmental entities around the world, problems can occur in obtaining timely and accurate information which are beyond Shoreland's control. Accordingly, you should view the Service and the content therein as Shoreland's passing along, on an "as is" basis, such information as is publicly available.
Given the above limitations, there is no guarantee that all risks have been identified or otherwise that the information provided by the Service is accurate or complete. You should view the Service and the content therein as providing only an indication of the travel and health risks you may face in any given country. As to information regarding visa and entry requirements contained in the Service, you should contact the embassy or consulate for the country which is the subject of your inquiry to confirm current information about visa-related requirements.
Disclaimer of Warranty
THE SERVICE AND THE CONTENT THEREIN IS MADE AVAILABLE AND IS DISTRIBUTED ON AN "AS IS" BASIS, AND, EXCEPT FOR ANY WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE AND THE CONTENT THEREIN IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL SHORELAND BE LIABLE TO YOU FOR ANY DAMAGE, LIABILITY, LOSS OR CLAIM, OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY CONTENT THEREIN, EVEN IF SHORELAND WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE SERVICE OR ANY CONTENT THEREIN, YOU WAIVE AND RELEASE SHORELAND FROM ANY CLAIMS OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF SAME.
You agree to defend, indemnify and hold Shoreland harmless from and against all losses, damages, claims and expenses, including attorneys fees and costs, which Shoreland may incur on account of or otherwise arising from or related to your use of the Service or any content therein.
This Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the state of Wisconsin. You hereby stipulate and agree that any action or other legal proceeding arising hereunder shall, at Shoreland's option, be commenced and prosecuted in its entirety in either the United States District Court for the Eastern District of Wisconsin or the Wisconsin Circuit Court for Milwaukee County, Wisconsin, and you agree not to assert in any such action or proceeding that either of such courts lacks personal jurisdiction or is not a convenient forum and you hereby waive, to the fullest extent permitted by law, any other right to contest the jurisdiction and/or venue thereof.
Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in the City of Milwaukee, Wisconsin, in accordance with whatever procedures as are mutually agreed between you and Shoreland or, if we fail to so agree within ten (10) days after any party proposes any such procedures, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall be such person(s) as are mutually agreed upon between you and Shoreland or, if we fail to so agree within ten (10) days after either party proposes any such person(s), arbitrator(s) selected in accordance with the American Arbitration Association procedure for that purpose. There shall be only one (1) arbitrator, except that, in controversies or claims involving more than Twenty-Five Thousand Dollars ($25,000.00), a party may elect to have three (3) arbitrators in its notice of intention to arbitrate or answering statement. The arbitrator(s) shall award attorneys' fees, arbitration costs and/or other expenses to a prevailing party in such proceedings if the arbitrator(s) determine that an opposing party was not acting in good faith or was acting without substantial justification. Otherwise, the costs of the arbitrator(s) shall be borne equally by you and Shoreland and each party shall pay its own legal and other fees and expenses in connection with such arbitration. The award rendered by the arbitrator(s) shall be final and binding on you and Shoreland and may be entered and enforced by any court of competent jurisdiction. In the event that either you or Shoreland fails to cooperate with arbitration proceedings instituted pursuant to this Section, the cooperating party shall be entitled to recover reasonable attorneys' fees and expenses in connection with enforcing its rights under this Section, in addition to such other legal and/or equitable relief as may be appropriate.