Welcome to Travel Wicks ("Company") and thank you for visiting our website at www.travelwicks.com ("Website").
By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Company reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Company replaces, modifies, or amends this Agreement, the Last Updated date, located at the bottom of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date below will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED WITHIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, ITS ARBITRATION PROVISION, OR ITS CLASS ACTION WAIVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE.
Definitions
"You" or "your" means the customer, purchaser, account holder, recipient, payer, or any other person using Travel Wicks.
"We" or "us" means any employee or representative of Travel Wicks.
"Website" means the url www.travelwicks.com and all the pages associated with the url.
"Company" means Travel Wicks.
Privacy Statement:
Please visit our Privacy Policy page foe more information at https://www.travelwicks.com/pages/privacy-policy.
Published Information, Including ALL Content, Images, and Videos:
All content, pictures, videos, and other media are the property of and copyright of Travel Wicks unless otherwise stated.
No content, pictures, images, videos, or other media may be copied, replicated, or used outside of this website without written permission from Travel Wicks.
Warranty:
Travel Wicks provides no warranty for using the information contained on this site. Travel Wicks will not monetarily reimburse anyone who uses this site for the sole purpose of planning a vacation or making travel reservations based on the information contained in this site. It's up to the website visitor to make their own planning decisions based on their own personal preferences and using multiple sources to make those decisions. All published content is as accurate as possible only at the time of writing. It's important to contact or visit the websites of each theme park, resort, hotel, airline, restaurant, store, or any other travel related companies mentioned in the articles for the most up-to-date information. Travel Wicks does not update articles after publication and should not be considered real time information.
ADA Website Accessibility Policy:
We are happy to accommodate users with special needs or requirements. Company is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and services. In designing the website, Company makes reasonable efforts to comply with the WCAG 2.1 Level AA web accessibility standards. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact Company using the Contact Us form at https://www.travelwicks.com/pages/contact-us.
Third Party Links:
You acknowledge and agree that the Website may contain links to third party websites or content that Company does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Company will not be responsible for websites not under the ownership or control of Company.
Term and Termination:
The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Company terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. Company reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
Disclaimer of Warranties and Limitation of Liability:
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT COMPANY'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.
COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS AGREEMENT, PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
COMPANY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT COMPANY'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCTS OR $1,000, WHICHEVER IS LESS.
Indemnification:
You agree to indemnify, defend, and hold harmless Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any representation, warranty, term, or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Company will not provide you with the ability to control Company's defense, and Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
Choice of Law and Stipulation to Jurisdiction:
You and Company agree that any dispute, claim or controversy arising out of or in relation to your use of the Website, this Agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and Company, you and Company agree that the arbitrator will decide that issue. Notwithstanding the foregoing, you and Company each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under New York law and will be heard exclusively in the state and federal courts located in Monroe County, New York.
You and Company agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration will be administered under American Arbitration Association’s most recent Commercial Arbitration Rules then in effect except where as modified herein. The arbitration will be conducted in Monroe County, New York and will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the American Arbitration Association. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. This arbitration will be held in Monroe County, New York and both parties agree that they will be required to be present in Monroe County, New York for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Monroe County, New York. The arbitrator will apply the laws of the State of New York and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause.
You and Company acknowledge and agree that each are waiving the right to a trial by jury as to all arbitrable disputes.
You and Company acknowledge and agree that, to the fullest extent permitted under the law, each are waiving the right to participate as a plaintiff or class member in any class action lawsuit, class arbitration, or private attorney general action. If this class action waiver is held unenforceable with respect to the dispute between the Parties, the Parties agree that the entirety of the arbitration clause will be deemed void with respect to such dispute and the dispute must proceed in court.
Force Majeure:
Company will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Company's control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
Severability:
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
Waiver and Integration:
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.
Legal:
If any legal issues arise from the use of this site and / or the purchase of any product from this site, you agree that any matters of such that lead to the contacting of legal assistance and / or court, will be resolved in Monroe County, New York, United States of America.
Company Information:
Please use the "Contact Us" form for all inquiries.
Updated: July 21, 2023
