Terms of Service

1. Use of Services

Eligibility. All users of the Services (“Users”) must be at least eighteen (18) years old. Registration is void where prohibited. Your registration for, and/or use of, the Services constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of these Terms.

Personal Use Only. The Services are intended for your use only, and none of your rights and obligations as a User may be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity.

Online Account Security. You will select a unique username and password in association with your registration. You are responsible for maintaining the confidentiality of your username and password. You are further responsible for any and all activity on your account. If you become aware of an unauthorized use of your account, you agree to immediately notify Trustr. Trustr will not be liable for any loss or damage arising from your failure to comply with this provision.

Accuracy of Information. You will not provide inaccurate, misleading or false information to Trustr or to any other User. You will promptly notify Trustr if information provided to Trustr or another User later becomes, or is discovered to be, inaccurate, misleading or false.

Contact with Others. You are solely and exclusively responsible for your interactions with other Users, whether in person or online. You acknowledge that Trustr does not screen Users, nor does Trustr perform any investigation into Users‘ background or any of their representations or statements made to you or others. User verification is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User‘s purported identity or whether it is an automated or fraudulent reply or listing, such as a bot or other computer generated message. We encourage you to communicate directly with a User on the Site or through other means, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person‘s identity and of the Property and relevant details of your booking or proposed booking. TRUSTR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND, CONDUCT OR CONTENT PROVIDED BY ANY USER. In no event shall Trustr be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of the Services, including without limitation: pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Services. You agree to take reasonable precautions in all interactions with other Users, whether online or in person.

Properties. You are solely and exclusively responsible for your personal safety and enjoyment at any and all of the properties or locations identified, described and/or promoted by the Services (each a “Property”), whether or not Trustr or any User has identified, provided access to or recommended such Property. As between you and Trustr, you assume the entire risk of your presence and all activities at any Property and any listing or transaction involving a Property. You acknowledge that Trustr does not screen Properties, nor does Trustr perform any investigation into Properties' safety or any representations or statements made by Users of the Services (including, without limitation, owners or Hosts of the Properties) regarding such Properties. TRUSTR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SAFETY, OR ANY OTHER CHARACTERISTIC OF ANY PROPERTY. In no event shall Trustr be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your presence or activity at any Property in connection with your use of the Services, including without limitation: pecuniary loss, bodily injury, death, and/or emotional distress. You agree to be solely responsible for, and take reasonable precautions in, all your activities with respect to the Services or at the Property, whether such activities are online or in person.

Personal Conduct. As a condition of permission to use the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. It is strictly prohibited to use the Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Services or Trustr, or any other person‘s use or enjoyment of the Services, any Property, or of any good or service procured through the Services.

The following non-exhaustive list of illegal or improper conduct is expressly prohibited:

• Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Trustr or any User or supplier, or those of any other party;
• Any attempt to probe, scan or test the vulnerability of a system or network of Trustr or any User or supplier, or those of any other party;
• Interference, or any attempt to interfere with, service to any User, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;
• Forgery of any TCP-IP packet header or any part of the header information in an e-mail or posting;
• Falsification of address information or other modification of e-mail headers to conceal the sender‘s or the recipient‘s identity;
• Use of the Services or any Trustr service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
• Use of the Services or any Trustr service to engage in activities that violate any applicable law or governmental regulation; and/or
• Any use of the Services or any Trustr service that Trustr deems, in its sole discretion, to be exploitative, harassing, or otherwise harmful to any person or entity, or harmful to any Location.

Content. You are solely responsible for the information and/or materials that you publish, display or otherwise communicate in any manner on the Services or transmit to any other User (“Content”). You will not post or distribute to another User any illegal or prohibited Content, including (but not limited to) Content that is not owned by you or for which you do not have legal rights to include in the Content. All trademarks, trade names, logos, copyrighted materials and other intellectual property rights are not included in your Content.

• is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing (“spamming”);
• contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities;
• is abusive, threatening, obscene, defamatory or libelous;
• contains or promotes distribution of, or access to, any material that infringes or violates another party‘s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• contains or provides material that exploits people under the age of 18 in a sexual or violent manner;
• solicits personal information from anyone under the age of 18;
• provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone‘s privacy, or providing or creating computer viruses;
• solicits a password or personally identifying information for commercial or unlawful purposes from another User; and/or
• engages in commercial activity and/or sales without our prior written consent such as contests, sweepstakes, advertising, and/or pyramid schemes.

You acknowledge and agree that Trustr may (but has no obligation to) review and delete any Content, message, or other material posted to or sent through the Services that Trustr in its sole discretion determines is in violation of these Terms, or might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Users, persons or entities. Trustr further reserves the right to refuse use of the Services or any other service to anyone. However, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT POSTED OR OTHERWISE COMMUNICATED BY YOU. Trustr will treat non-public communications between you and other Users in accordance with the Privacy Policy.

Social Media Site. If the Site offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to use such tool or service, you acknowledge and agree that the Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms.

Lawful Use. You will use the Services and any other Trustr service in a manner consistent with any and all applicable local, state, national and international laws and regulations, as well as signs posted by the governing authority at any Location.

Violations. You will promptly report to Trustr any violation of the terms of these Terms by you or any other User.

2. Proprietary Rights & Restrictions

You grant Trustr an irrevocable, perpetual, world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and/or display in any format or medium, including the Site, with full right of sublicense, any and all Content. Notwithstanding the foregoing: if your property listing subscription expires, we will not continue to display the associated listing; and if you terminate your Trustr membership, any listings, profiles, networks, reviews, recommendations, messages or other Content that were contributed by you will be removed from the site.

You may not use, download or copy any information supplied by Trustr in conjunction with the Services unless: (i) you use the information solely for personal, informational and non-commercial purposes, (ii) you include the Trustr trademark, trade name and copyright symbol on each downloaded or copied page, and (iii) you do not modify any of the information. The rights granted to you constitute a license and not a transfer of title. Trustr reserves the right to revoke the authorization to view, download, print and/or reproduce the information and/or materials available through the Services at any time, and any such use shall be discontinued immediately upon written notice from Trustr.

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information owned by Trustr from the Services without the prior written permission of Trustr. You may not “mirror” any materials contained on the Services on any other server without Trustr‘s prior express written permission. Any unauthorized use of any materials contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright. Entire contents Copyright © 2023 Network Travel, Inc. All rights reserved. Electronic documents published on the Services are protected by international copyright laws. Distribution or publication of the Services (including text and graphics) in any form without prior written permission is forbidden.

Trademarks. The Trustr name, brand and logo are trademarks and/or trade names of Network Travel, Inc. All other trademarks, trade names or registered trademarks or trade names used within these pages are the property of their respective holders. Trustr‘s use of entity, product or service names and logos or images within the Services does not necessarily constitute an endorsement of the named entity, product, or service. Trustr uses commercially reasonable efforts to identify or attribute trademarks, trade names and logos owned by third parties, and Trustr does not claim any ownership of or rights to such marks.

Links to Third Party Sites. The Services may contain hyperlinks to Services that are not controlled by Trustr. Trustr is not responsible for, and does not endorse or accept any responsibility over, the contents or use of such Services.

Submissions. All comments and feedback, testimonials, listings, recommendations, reviews, and other generally non-personal information submitted to Trustr (“Submissions”) will be deemed non-confidential and Trustr‘s property. By providing one or more Submissions to Trustr, you agree to assign to Trustr, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submission(s). Subject to the restrictions on use of personal information in Trustr‘s Privacy Policy, Trustr will be free to use and/or disseminate the Submission(s) on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submission(s) that you provide, and that you have full responsibility for the Submission(s), including their legality, reliability, appropriateness, originality and copyright.

E-mail Address and Personal Information; Privacy Policy. When you provide your e-mail address, cell phone number, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Services and its affiliated websites to add your e-mail address, cell phone number, name or other information provided to our database of Users. You may receive one or more promotional e-mails or texts from Trustr or its affiliates. You are welcome to opt not to receive such promotional e-mails from Trustr or our affiliates at any time. To learn about how Trustr protects your privacy, please refer to Trustr‘s Privacy Policy at https://trustr.com/privacy-policy.

Notice of Infringement. We respect the intellectual property rights of others, and Trustr does not permit, condone or tolerate the posting of any content on the Site that infringes any person‘s or entity‘s copyright. Trustr will terminate, in appropriate circumstances, a User or member who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement (or DMCA Policy) at https://trustr.com/dmca-policy, which are incorporated by reference into these Terms.

3. Disclaimer; Limitation of Liability

TO THE EXTENT ALLOWABLE BY LAW, THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY TRUSTR ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. TRUSTR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE SERVICES, ANY PRODUCTS AND/OR SERVICES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. TRUSTR DOES NOT, AND SHALL HAVE NO OBLIGATION TO, SCREEN AND/OR INDEPENDENTLY VERIFY THE INFORMATION OR OTHER MATERIALS SUPPLIED AND/OR PROMISED BY ANY USER OR CONTRIBUTOR TO THE SERVICES, WHETHER OR NOT SUCH INFORMATION OR MATERIALS ARE POSTED ON THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.

IN NO EVENT SHALL TRUSTR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND / OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE(INCLUDING YOU) IN CONNECTION WITH THE USE OF ANY PROPERTY OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, PECUNIARY LOSS AND / OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN USERS, OR THE USE OF ANY PRODUCT OR SERVICE, PRESENCE OR ACTIVITY AT A PROPERTY, OR PERSONS INTRODUCED BY THE SERVICES, WHETHER ONLINE OR OFFLINE.TRUSTR SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT, PROPERTY OR SERVICE NOT DIRECTLY PROVIDED BY TRUSTR ITSELF, INCLUDING BUT NOT LIMITED TO ANY PRODUCT, PROPERTY OR SERVICE THAT IS CONTAINED WITHIN OR ADVERTISED BY THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRUSTR‘S LIABILITY TO YOU ARISING FROM OR RELATING TO THE SERVICES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID FOR SERVICES GIVING RISE TO THE LIABILITY; AND(B) ONE HUNDRED DOLLARS($100).

4. Binding Arbitration

YOU AND TRUSTR AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM THESE TERMS, THE SITE OR THE SERVICES, (INCLUDING BUT NOT LIMITED TO YOUR VISIT TO OR USE OF THE SITE OR THE SERVICES) WILL BE SETTLED BY FINAL AND BINDING ARBITRATION. Judgment upon the award may be entered in any court having jurisdiction. Any final decision or award from such arbitration shall be in writing and reasoned. A single arbitrator shall be selected according to such rules within thirty (30) days of submission of the dispute to the AAA. The arbitrator shall conduct the arbitration in the English language and in accordance with the California Evidence Code. The arbitrator shall have the power to enter any award that could be entered by a Judge of the Superior Court of the State of California sitting without a jury, except that the arbitrator shall not have the power to award punitive damages, treble damages, damages that are limited or waived by these Terms, or any other damages which are not compensatory, even if permitted under the laws of the State of California or any other applicable law.

1. Arbitration under these Terms shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA*lsquo;s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator‘s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
2. Notwithstanding the requirements of this Section either party may request injunctive relief and equitable relief either from an arbitrator as set forth herein or from a court of competent jurisdiction if the other party has breached its obligations under these Terms.
3. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
4. You agree that there are reasonably available market alternatives to the Site and Services, and that if you wanted to avoid arbitration, you could look elsewhere for your services.

5. Indemnification

You agree to indemnify and hold harmless Trustr, its officers, directors, shareholders, employees, agents and subcontractors, for any losses, costs, liabilities, damages and expenses (including reasonable attorneys‘ fees) arising out of or relating to your: (i) use of the Services; (ii) any Content you post, display or deliver; (iii) any Property you visit or own or activity in which you participate arising from the Services or your travel; and/or (iv) improper and/or unauthorized acts or omissions, including any breach by you of any part of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

6. Termination

Either you or Trustr may terminate your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Trustr reserves the right to immediately suspend or terminate your access to the Services or any other Trustr service, without notice, if Trustr (in its sole discretion) determines that you have violated any term of these Terms. In the event that your access is suspended due to the breach of these Terms, you acknowledge and agree that Trustrs‘ sole liability shall be a refund of a pro-rated portion of any fee(s) you have paid to Trustr for such service. Following any termination of your account and/or membership, Trustr reserves the right to send a notice that you have been terminated to other Users with whom you have corresponded.

7. General

All notices, communications, demands and payments required or permitted to be made pursuant to these Terms shall be sent by certified or registered mail, postage prepaid; overnight messenger service; facsimile, personal delivery or electronic mail as follows: if to you, to the most current email address or physical address on file with Trustr in association with your membership or account; if to Trustr:

• Network Travel, Inc.
• 295 Cascade Drive
• Mill Valley, CA 94941
• Email: bill.cummings@trustr.com

Governing Law. The Services are controlled and operated by Network Travel, Inc. with its company headquarters located at 295 Cascade Drive, Mill Valley, California 94941. Any claim or dispute relating to your use or attempted use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using the Services, you submit to the exclusive jurisdiction of the appropriate state or federal courts in San Francisco County, California, in any proceeding relating to any such claim or dispute.

Entire Agreement. These Terms, including the Member Terms, contain the entire agreement between you and Trustr regarding the use of the Services, and any product or service obtained, Property visited, or activity conducted in relation thereto. Unless otherwise explicitly stated, the Terms and Member Terms will survive termination of your account and/or membership.

Waiver; Severability. The failure of Trustr to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

No Third-Party Beneficiaries. These Terms are solely for your and our benefit, and except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries except for permitted successors and assigns.

Assignment; No Right of Survivorship and Non-Transferability. Trustr may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Your Trustr account is non-transferable and any rights to your Trustr username or Contents within your account terminate upon your death.