TERMS OF USE

Welcome to the Well Inspired Travels website (“Website”).  Well Inspired Travels, LLC offers this Website to its customers (“You”) for the sole purpose to assist customers in travel arrangements and connecting those customers to a pre-selected set of travel providers or “Partners” with which customers can make reservations therewith.  

 

Well Inspired Travels offers this website and its services to You conditioned upon your acceptance of all terms and conditions of use (“Terms of Use”) as set forth herein without any modification which forms a legally enforceable contract.  This includes all notices provided herein as to Your use of this website.  

 

You are responsible for reading these Terms of Use carefully, as they contain important information about the services offered by Well Inspired Travels, the use of this Website, and limitations of liability and resolution of disputes through Mandatory Arbitration rather than in court and litigation.

 

These Terms of Use also include Well Inspired Travels Privacy Policy which governs your use of this Website.  

 

Through each and every access and use of this Website, including making and arranging reservations through this Website with one or more of Well Inspired Travels Partners, you affirmatively agree to these Terms of Use.  If you do not agree with the entire set of Terms of Use without any modification, please do not use or make any travel reservations using the Well Inspired Travels Website or services. 

 

Well Inspired Travels values its customers and provides its website www.wellinspiredtravels.com to those customer on the terms and conditions as provided in the various portions of this Terms of Use (TOU) (Referred herein also as the “Agreement”).  

 

1. Use of the Website

2. Travel Partner Policies, Practices, Rules, Restrictions and Limitations

3. Limitations on Liability and Disclaimers

4. Privacy Policy

5. Copyrights and Trademarks

6. Dispute Resolution through MANDATORY ARBITRATION

 

 

1. Use of the Website

 

You agree and warrant the following with each access and use of the Well Inspired Travels’ Website and the following are conditions on such access and use:

 

  • You possess the legal authority to create a binding legal obligation;

  • You are at least 18 years old;

  • You will access and use this Website according to these TOU; 

  • All information supplied by you in the use of this Website is accurate and true;

  • You are responsible for making all travel arrangements and changes thereto;

  • You are an individual consumer seeking to use this Website for legitimate travel arrangements for yourself, your business, or for someone for whom you are authorized to make such travel arrangements;

  • You acknowledge that all offers and arrangements are provided by third-party travel Partners and that such offers and arrangements their obligation to You;  

  • You acknowledge that we have the sole right and discretion to deny access to anyone to use this Website, to make changes to this Website; 

  • Well Inspired Travels may terminate its operation of this Website or any service offered on this Website at any time and without notice. Well Inspired Travels cannot promise to store, retain or continue to show any posted content; 

  • If any portion or term of these TOU is found to be unenforceable, that term may be amended in view of the recited terms to obtain validity thereof, and the other terms of this Agreement shall still be enforceable; and 

  • These Terms of Service and its Privacy Policy constitute the entire agreement between You and Well Inspired Travels with respect to this Website and Your use thereof and no other  prior and contemporaneous understandings, agreements, representations and warranties, either  written or oral, shall be applicable.

 

2. Travel Partner Policies, Practices, Rules, Restrictions and Limitations

 

All offers, arrangements and accommodations for travel are provided by Well Inspired Travel through third-party Partners.  Each Partner has its own policies, practices, rules and restrictions which may change over time.  Well Inspired Travels is not responsible for or involved with each Partner.  It is your responsibility to review each Partners offer as to cost, availability, and accommodations, and review their policies, practices, rules and restrictions.  

 

3. Limitations on Liability and Disclaimers

 

When we provide you with a response to a travel inquiry or promote a program or offer a service or product in conjunction with or through a third-party business Partner, such offers including costs and availability are solely those of the third-party Partner.  

 

The information presented on this Website and that provided by Partners through this Website are made available solely for information purposes and is subject to change without notice.  As things are subject to change with all forms of travel, we cannot and do not warrant the usefulness, accuracy, or timeliness of the information on this Website or that provided directly or otherwise by third-party Partners. This includes, but is not limited to, information as to descriptions, availability and costs of third-party Partner and travel service providers.  Your reliance on information provided by this Website and by third-party Partners is strictly at your own risk.  

 

The availability and costs for which have been identified for each third-party Partner for a trip or travel arrangement can be changed or cancelled by a third-party Partner based on their own business and practices.  Well Inspired Travels has no control over those third-party Partners and disclaims any responsibility and all liability as to the information provided by this Website and for information, decisions, and offers made by third-party Partners.  Additionally, all opinions, descriptions and statements expressed in this Website and by third-party Partners are solely opinions, which vary by person.  Well Inspired Travel is not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third party Partners.

 

You as the customer acknowledge that Well Inspired Travels is not responsible for third-party Partner offers, availability, arrangements, and accommodations, and forever release Well Inspired Travels for any liability related thereto.  You expressly waive and agree to indemnify, defend and hold Well Inspired Travels harmless for any claims, damages, liabilities, costs or expenses of any form that arise out of Your use, of this Website, or as related to any third-party Partner offers, travel arrangements or accommodations. Well Inspired Travels hereby disclaims all warranties of any kind, express or implied, including any warranties as to quotes, availability, satisfaction, merchantability, or fitness for a particular use or purpose which is not specifically excluded or limited under applicable law.  

 

This Website contains links to third-party Partner websites and is provided for your convenience and information only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Any payment or reservation dispute that You may have with a third-party Partner must be referred directly to such third-party Partner as Well Inspired Travels is an independent contractor and does not own or control such third-party Partners.  Well Inspired Travels directs you to each third-party Partner and their websites and terms of use as to the applicable terms and notices, which often change with little or no notice.  Third-party Partner costs, quotes, prices, and availability are subject to change due to business conditions, financial conditions such as currency exchange rates, property conditions and environmental conditions such as COVID-19 restrictions and policies for which Well Inspired Travels and third-party partners have little control.   

 

 Well Inspired Travels is a United States limited liability company with headquarters in the State of Missouri.  Access to this Website may be limited, restricted, or prohibited in some foreign countries.  If you access the Website from outside the United States, you do so at your own responsibility and risk as to compliance with the applicable laws in your country of residency.

 

In no event or situation will Well Inspired Travels, or any employee, agent, officer or director be liable for direct, indirect, special, consequential or punitive damages of any kind, that arises out of or in connection with Your access and use of this Website, or any third-party Website for which a link is provided herewith.  These include claims under any legal theory, including personal damages or losses, breach of contract, loss of profits, loss of business, loss of goodwill, loss of data, as well as personal injury, pain, suffering and emotion distress.  

 

Well Inspired Travels hereby disclaims all warranties of any kind, express or implied, including any warranties as to quotes, availability, satisfaction, merchantability, or fitness for a particular use or purpose which is not specifically excluded or limited under applicable law.  

 

Well Inspired Travels does and will not waive any term or condition of these TOU and any failure by Well Inspired Travels to assert any right, term, or provision under these TOU shall not so constitute a waiver.  

 

4. Privacy Policy

 

We may collect data such as cookies, log data, and usage as to how each user uses the Website and its services and You grant us the right to use such data, as well as any comments, likes, or other information You provide. Further, to the extent that the Website offers a linking service to another website or web service such as Facebook, LinkedIn, Twitter, or the like, which allows us to obtain information from those accounts such as your likes, your friends, your groups, or your contacts, such Well Inspired Travels access is based on your settings in those accounts and services, and it is your responsibility to manage your privacy policies in those third party service accounts if you do not wish Well Inspired Travels to have access to and use such information.

 

Additionally, certain website “cookies” are often necessary to provide You the ability to navigate our Website and use certain features.  This includes, but is not limited to using essential cookies to collect information on which web pages visitors go to most, so we can improve our online services. You are not able to opt out of essential cookies.  We also use functional Cookies. to provide services and features when using our Website such as previous searches may be remembered. Functional cookies are configured to enhance your experience of our website.  We also use analytic cookies to better understand our site’s performance and how it is used by visitors and customers.  These include the number of hits from a search engine, how long you stay on our Website, and which parts of the Website You visit. We can see details about how visitors interacted with the Website, like the number of clicks you make on a given page, Your mouse movements and scrolling activity, the search words you used to get to our Website, and the text You enter into various fields.  We use these cookies internally for understanding and improving the content and operations of our Website.

 

For analytics and advertising cookies, our third-party Partners may also use cookies to perform their services and may combine the information that they collect about you on our sites with other information that they have collected and for their own advertising purposes. For example, we use Google analytics cookies to monitor the performance of our sites as do many third-party Partners. Our ability to use and share information collected by Google Analytics about your visit to our sites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. This Cookie Statement does not cover such third-parties’ use of your information, which is separately addressed by the terms of use of each third-party Partner’s website.  Well Inspired Travels refers you to each third-partner’s terms of use and privacy policies and disclaims any responsibility related thereto.  

 

When you create a travel inquiry on our Website, or sign up to receive offers or information, or make a booking using our Website, You give us some personal information. We also collect such information through automated technology such as cookies placed on your browser, with your consent where applicable, when you visit our Website. For example, when you use our Website, we may collect the following kinds of personal information from you as needed: Name, email address, telephone number, and travel-related inquiry and preferences and requests such as requested destination and accommodation types, and special needs and desired amenities.  We also receive information from our Partners which help us improve our Website and services offered thereon, update and maintain accurate records, potentially detect and investigate fraud, and more effectively market our services. 

 

Your personal information may be shared with our Partners to help you provide you information as to your travel inquiry, to book your travel and/or vacation, assist with your travel and/or vacation stay, communicate with you (including when we send information on services or Partner offerings or notices, or enable you to communicate with travel Partners and/or property owners), and comply with the law. These third-party Partners and service providers are required to protect personal information we share with them and may not use any directly identifying personal information other than to provide services we contracted them for. They are not allowed to use the personal information we share for purposes of their own direct marketing (unless you have separately consented with the third-party under the terms provided by the third-party).

 

Well Inspired Travels however respects your privacy rights.  You can exercise your data protection rights in various ways. For example, you can opt out of marketing by clicking the “unsubscribe” link in the emails, in your account as may be applicable, or contacting our customer service. 

 

California and European residents may exercise the following rights:

a.  To request a copy of your personal information;

b.  To request disclosure of personal information sold or disclosed for a business purpose;

c.  To request the deletion of personal information; and 

d.  To opt out of the sale of personal information here: Do not sell my personal data.

 

5. Copyrights and Trademarks

 

This Website and its contents, including all features, text, graphics, images, selection, design and arrangement are owned by Well Inspired Travels, its licensors such as third-party Partners and are protected under United States and foreign country copyrights, trademarks, trade secrets and other intellectual property rights laws.  These included, and are not limited to:

a.  Well Inspired Travels claims and owns a copyright in this Website and its materials and contents.  All rights are reserved by Well Inspired Travels and Well Inspired Travels does not authorize any copying of any content of this Website without prior written authorization from Well Inspired Travels.  Please contact Well Inspired Travels as to any requested use of any of the content of this Website.   

 

b.  Well Inspired Travels LLC owns the intellectual property rights in trademarks, service marks including for the mark WELL INSPIRED TRAVELS.  Well Inspired Travels reserves all rights in such marks through registration and through common law in the United States and through the world and does not authorize any use of this or any other trademark or service mark other than fair use, without express written authorization.  Please contact Well Inspired Travels as to any requested use of any of Well Inspired Travels marks.   

c.  Each Well Inspired Travels Partner owns their own trademarks, service marks and copyrights, referred generally as intellectual property rights and offers their own websites and own content.  Well Inspired Travels refers You to each of the Partners websites and documents as to the terms and conditions for use of their intellectual property rights.  Well Inspired Travels disclaims any responsibility as to any of the content of any third-party Partner’s website.  

d.  This Website may provide certain social media features that enable you to link from your own or certain third-party Partner websites to certain content on this Website, send e-mails or other communications with certain content, or links to certain content, on this Website, and/or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.  It is Your responsibility to use such capabilities and features solely: a) as they are provided by Well Inspired Travels; b) with respect to the content as they are displayed; and c) in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.

 

NOTICE OF ALLEGED INFRINGING MATERIAL

 

We respect the intellectual property rights of others including the rights under the Digital Millennium Copyright Act ("DMCA") and other applicable law.  If you believe in good faith that materials on this Website infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

  1. A clear identification of the copyrighted work you claim was infringed.

  2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.

  3. Your address, email address and telephone number.

  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  7. Please send us your notice by email to chris@wellinspiredtravels.com; Attn: DMCA Complaint, or by using the contact information of this Website.  

 

6. Dispute Resolution through MANDATORY ARBITRATION

 

In the unlikely event that you and Well Inspired Travels end up in a legal dispute, you agree to resolve any dispute relating to this TOU and this Agreement by negotiation between the Parties. If the dispute is not resolved within forty five (45) days after written notice by you of the existence of such a dispute, then such dispute shall be resolved by binding arbitration administered in accordance with the Commercial Rules of the American Arbitration Association before a single arbitrator having experience in web-based commercial technology, intellectual property and contracts, and conducted in St. Louis, County in the State of Missouri. The arbitrator shall be empowered to grant exemplary, punitive, or consequential damages or damages that may be in deemed under the circumstances based on the damages due to any material breach and the arbitrator may grant equitable relief as decided to be applicable. The party prevailing on substantially all of its claims shall be entitled to recover its costs, including attorney fees, for the arbitration proceedings, as well as any ancillary proceeding, including a proceeding to compel or enjoin arbitration, to request interim equitable measures, or to confirm or set aside an award.

 

You further agree that the laws of the State of Missouri, U.S.A. excluding its conflict of law rules, shall exclusively govern any dispute relating to this Agreement and to the Website and the services offered thereon.

 

Well Inspired Travels, LLC

June 2020

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