CapTrav Terms of Service
By using CapTrav (“Service”), you (“Member”) accept and agree to be bound by the following User Agreement (“Agreement”) which governs the use of the Service, including, without limitation, the gathering of travel booking confirmations on your behalf, as provided by the Service.
Please read the terms and conditions contained in this Agreement carefully. You can access this Agreement any time at (https://captrav.com/terms-of-use). Your use of and/or registration with the Service will constitute your ongoing acceptance of this Agreement. If you do not accept this Agreement, you may not use the Service. This Agreement may be modified from time to time; the date of the most recent revisions will appear on the last page under the heading “Effective Date”. It is your responsibility to regularly check the web site to determine if there have been changes to this Agreement and to review such changes. Continued access of the Service by you will constitute your acceptance of any changes or revisions to this Agreement. Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to CapTrav’s other remedies.
Registration and Account Creation
- Registration Information.
You can utilize the Service without revealing any personally identifiable information (“PII”) about yourself. You may voluntarily provide to us PII if you desire to register and/or set up an account to use the Service or when you submit a request for travel services from CapTrav. You undertake to register for the Service using accurate and current information about yourself – including your correct name, email address and any other requested details – in addition to selecting a username and password which will be associated with your membership during registration, if required (collectively, “Registration Information”). If any of your Registration Information changes, you agree to update such information by editing your customer profile on the Service.
- Maintenance of Registration Information.
You agree only to use the Service for yourself or for another person or person(s) for whom you are legally authorized to act; you will inform such other person(s) about these terms that apply to the use of the Service on their behalf, including all rules and restrictions applicable thereto; and you will safeguard your Registration Information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you agree to promptly change the affected Registration Information and notify us of the problem via email as set forth on our Contact Us page.
General Use Restrictions
You may use the Service solely for your personal, noncommercial use. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not copy or distribute any part of the Service in any medium without CapTrav’s prior written authorization and you will not alter or modify any part of the Service.
You further agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to CapTrav’s servers via the CapTrav API (with permission), you may not attempt to gain access to CapTrav’s servers by any unauthorized means. In order to protect the integrity of the Service, CapTrav reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the CapTrav website or the Service.
All information, documents, products, software and services provided as part of the Service, including CapTrav’s trademarks, service marks, logos, graphics, images and other copyrighted materials are referred to herein as the “Materials.”
CapTrav grants you the limited right to display the Materials only on your personal computer and mobile device, and to print, copy and download the Materials therein displayed on such device, provided that: (1) both the CapTrav copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded and (2) such display, copy or download is solely for your personal or internal informational use. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any terms of this Agreement. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on any other server or Internet-based device without the advance written authorization of CapTrav or its licensors, respectively.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials or any Third Party Content (as further described below) on any legal basis, without the advance written authorization of CapTrav.
The Service is not intended for users under the age of 18, and CapTrav does not knowingly collect PII from users under the age of 18. Such users are expressly prohibited from submitting their PII to us; and any information submitted by such users will not knowingly be used, posted, or retained by us.
Misuse of the Service
The Service is intended to be used by its Members for the purposes referred to above.
Accordingly, Members must not: (i) include swear-words or terms that could be considered offensive in material posted on or transmitted through the Service, (ii) place material on, or otherwise use, the Service for any business or commercial purpose, (iii) use access to the Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam), or (iv) collect or harvest any PII, including CapTrav Usernames, from the Service, nor use the communication systems provided by the Service, for any commercial purpose.
We reserve the right (but not the obligation) to monitor and review information transmitted or received through the Service and to censor, edit, remove or prohibit the transmission or receipt of any information (in whole or in part) that we deem inappropriate or in violation of these terms. During monitoring, information may be examined, recorded or copied, and your use of the Services constitutes your consent to such monitoring and review.
You acknowledge that you are responsible for the information in connection with the Service, and that you, and not CapTrav, will have full responsibility for all such information including its legality, reliability, appropriateness, originality and copyright, including without limitation that the information does not (i) infringe the intellectual property or other rights of any person or entity, (ii) breach any applicable law, whether criminal, tortious or otherwise, or (iii) appear to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).
You understand and agree that CapTrav may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or information collected in its sole discretion, for any reason or no reason, including any information that in the sole judgment of CapTrav violates this Agreement, or which might be offensive, illegal, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable or that might violate the rights, harm, or threaten the safety of users or others.
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available in connection with the Service by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of CapTrav (the “Third Party Content”). CapTrav neither endorses nor is responsible for monitoring, reviewing or the accuracy or reliability of any opinion, advice, information or statement made in connection with the Service by anyone other than authorized CapTrav employees acting in their official capacities and you agree that you shall have no right of recourse against CapTrav for any liability arising out of your use (or lack thereof) of such Third Party Content.
Links to Third Party Sites
The Service may include links or other technology integration to other websites or resources (“External Services”). Because CapTrav has no control over External Services, you acknowledge and agree that CapTrav is not responsible for the availability of such External Services, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such External Services. You further acknowledge and agree that CapTrav shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such External Services. Finally, you acknowledge that such External Services usually have their own terms and conditions, including privacy policies, over which CapTrav has no control and which will govern your rights and obligations with respect to the use of those External Services.
Email Parsing and Account Information
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. CapTrav cannot guarantee the delivery or the accuracy of the content of any alert as the recipient’s email address, mobile contact information, or other preferred means of receiving notifications from us may be invalid or have limitations on the relevant mailbox that could impede the delivery of the message, including but not limited to a mailbox limit or spam filter, or mobile service may be unavailable to process notifications. CapTrav shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of CapTrav or others used in connection with the Service are the property of CapTrav or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Service without the express prior written permission of CapTrav or the respective owner, and nothing contained on the Service grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on the Service, including but not limited to, the look and feel of the CapTrav website, text elements, site design, graphics, images, sound or video materials, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of CapTrav or its licensors, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.
CapTrav respects the intellectual property of others, and we ask our users to do the same. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice by providing our Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements): (1) a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees).
Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Capture Travel, Inc. Attention: Complaints. 1488 North Highland Avenue, Atlanta, Georgia, 30342 .
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification. Under the appropriate circumstances, it is CapTrav’s policy to remove and/or to disable access from the Service to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from the Service to web pages as to which there have been steps taken for the purpose of affecting CapTrav’s search results such as adding inappropriate “meta-tags.”
If you see anything on the Service which appears to breach this Agreement, please contact us via email informing us of such breach.
You agree to defend, indemnify, and hold harmless CapTrav, its affiliates, officers, directors, employees, and agents from and against any and all claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (1) your use of the Service and/or; your connection to the Service; (2) your violation of the rights of others, this Agreement, or any intellectual property or other right of any person or entity; (3) any intellectual property infringement by any other user of your account, if an account has been assigned to you; or (4) your breach of any representations or warranties contained in this Agreement.
Disclaimer of Warranty
You acknowledge and agree that the Service may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by CapTrav, and agree that CapTrav does not warrant the accuracy or timeliness of the Materials and further agree that CapTrav has no liability for any errors or omissions in the Materials, whether provided by CapTrav or its licensors. WITHOUT LIMITING THE FOREGOING, CAPTRAV DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION. CAPTRAV SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY (I) THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION (II) THE OMISSION OF ANY INFORMATION
CAPTRAV, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY THIRD PARTY CONTENT. CAPTRAV DOES NOT WARRANT THAT YOUR USE OF THE SERVICE, OR THE OPERATION OR FUNCTION OF THE SERVICE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SERVICE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY INFORMATION OR MATERIAL CONTAINED IN CONNECTION WITH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
CapTrav has no control over, or responsibility for, the truth or accuracy of any of the Materials, Third Party Content, or other materials available on the Service. If any External Web Site is linked to, or from, the Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the Service than you do offline. Even though members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. Your use of the Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release CapTrav, its directors, contractors and employees, from any and all liability arising out of or in connection with the Service and the material included here by members and other third parties.
Limitation of Liability
THE SERVICE INCLUDES INFORMATION PROVIDED FROM A VARIETY OF SOURCES AND THIRD PARTIES. THE PROVIDERS OF SUCH INFORMATION AND/OR OTHER SERVICES THROUGH CAPTRAV ARE INDEPENDENT CONTRACTORS OR SUPPLIERS AND NOT AGENTS OR EMPLOYEES OF CAPTRAV OR ITS AFFILIATES. CAPTRAV’S DISPLAY OF SUCH INFORMATION DOES NOT IN ANY WAY IMPLY, SUGGEST, OR CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY US OF SUCH INFORMATION OR ITS PROVIDERS. YOU AGREE THAT CAPTRAV IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION WE MAY OBTAIN FROM THESE THIRD PARTY SOURCES. YOUR INTERACTION WITH SUCH PROVIDERS IS AT YOUR OWN RISK. CAPTRAV AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CAPTRAV AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL.
WITHOUT LIMITING THE PRECEDING CLAUSES, AND EXCEPT AS REQUIRED UNDER APPLICABLE LAW, DURING ANY PERIOD OF TWELVE MONTHS, THE AGGREGATE LIABILITY OF CAPTRAV UNDER THIS AGREEMENT (WHETHER ARISING IN NEGLIGENCE OR BREACH OF THIS AGREEMENT OR OTHERWISE) WILL NOT UNDER ANY CIRCUMSTANCES EXCEED THE GREATER OF: (I) AN AMOUNT EQUAL TO THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE WHEN LIABILITY ARISES, AND (II) US$100, REGARDLESS OF THE CAUSE OR FORM OF ACTION.
This Agreement shall be governed by the laws of the State of Georgia, United States of America without regard to conflict of law provisions that would result in the application of the laws of any other jurisdiction. In the event that a dispute does arise between us, we would like to resolve that dispute in a neutral and cost effective manner. Accordingly, you and we agree that we shall resolve any action, claim or controversy at law or equity (a “Claim”) that arises out of your use of the Services, this Agreement, or the parties’ relationship in connection with the Services or this Agreement in accordance with one of the subsections below or as we may otherwise mutually agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution, since most customer concerns can be resolved quickly and satisfactorily in this manner.
- Submission to Jurisdiction in Georgia– You agree that unless otherwise mutually agreed by the parties in writing or as described in the “Mandatory Arbitration” subsection below, any Claims shall be brought in the state or federal courts located in Fulton County, the State of Georgia, United States of America. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
- Mandatory Arbitration – Any Claim where the total amount in controversy is less than US$10,000 shall be resolved via binding arbitration initiated through the American Arbitration Association (“AAA”). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) if either party requests an in-person hearing the process shall be governed by subsection (c) below, otherwise, the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Fulton County, Georgia who is approved or otherwise affiliated with the AAA; (c) if either party requests an in-person hearing, (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration shall proceed as described in subsection (a) above, (ii) if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is reasonably convenient to you and is selected by the arbitrator, and (iii) either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this “Resolution of Disputes” section. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CAPTRAV ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Fulton County, Georgia.
- Improperly Filed Claims– All Claims you bring against us must be resolved in accordance with this “Resolution of Disputes” section. All Claims filed or brought contrary to this “Resolution of Disputes” section shall be considered improperly filed and void. Should you file a Claim contrary to this “Resolution of Disputes” section, we may recover attorneys’ fees and costs up to US$1,000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
This Agreement is effective as of: January 27, 2021.
Please direct questions to Contact CapTrav Support.