Effective as of: August 1, 2019
A. Binding agreement
Through its website and via additional means, Tourlane LLC (“tourlane.com” or “Tourlane”), provides any individual in the United States (“you”) with the option to receive information and marketing materials related to tourlane.com products and services via calls or messages to your mobile device. The phone number used will be the same one that you provided to tourlane.com (“mobile communications”). By signing up to receive mobile communications from tourlane.com, you agree to be bound by the following terms and conditions. You represent and warrant that you have the legal authority and capacity to enter into an agreement with us.
IF YOU SIGN UP TO RECEIVE MOBILE COMMUNICATIONS FROM TOURLANE.COM, THESE TERMS AND CONDITIONS WILL BECOME PART OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TOURLANE.COM. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE SIGNING UP TO RECEIVE MOBILE COMMUNICATIONS. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, OR TO PROCEED ON BEHALF OF OR AS PART OF A CLASS.
Consent is not a condition of receiving tourlane.com products or any tourlane.com service aside from receiving mobile communications. Tourlane.com, however, agrees to provide you with mobile communications ONLY if you agree to the terms contained in this document. If you do not wish to agree to these terms, but wish to contact tourlane.com about its products and services, please give us a call us on this number: +1 855-626-3479.
Your agreement to receive mobile communications from tourlane.com does not affect the terms of any other contract or agreement you have related to other tourlane.com products or services.
B. Mobile communications means and content
You are providing prior express written consent for tourlane.com to send you mobile communications at the number you provide to us by signing up to receive mobile communications from tourlane.com. These communications may contain marketing or advertising material.
Tourlane.com may also send mobile communications to you directly or through a third party acting on behalf of tourlane.com. In doing so, tourlane.com, or a third party acting on its behalf, may use non-automated or automated means to send mobile communications. These include, but not limited to, equipment that qualifies as an automated telephone dialing system.
By consenting to the agreement, you also agree not to respond to any tourlane.com mobile communication in any way that is unlawful or abusive, or in any way that disrupts or damages tourlane.com’s property or systems. You understand that text messages and other communications you send in response to tourlane.com mobile communications may not be secure and may be intercepted or accessed by unauthorized third parties during transit.
Tourlane.com will not impose any charges on you when it sends mobile communications. However, please keep in mind that your mobile device service provider may charge messaging or data fees. It may also charge rates associated with mobile communications you receive from or send to tourlane.com. You are solely responsible for any such charges.
D. Accuracy of number
You represent and confirm that you are the authorized mobile telephone subscriber for the number you provide to tourlane.com. You have confirmed that you have provided us with the correct number.
You may revoke your consent to receive mobile communications from tourlane.com. If you wish to stop receiving communications from us, please do so texting “STOP” at any time in reply to any tourlane.com mobile communication. You can also send an email to firstname.lastname@example.org clearly indicating that you do not wish to receive additional mobile communications from us.
In its sole discretion, tourlane.com may choose to honor or disregard revocation requests made through other means.
You agree to notify tourlane.com immediately if you cancel your subscription to the number you provided to tourlane.com at the time of registration by writing an email to email@example.com, or change your domicile to a location outside of the United States. Tourlane.com will terminate your subscription to mobile alerts within a reasonable period of time upon receipt of such a notice.
Upon its own election, tourlane.com may choose to terminate your participation in its mobile communications program at any time, in its sole discretion.
Any dispute, controversy, or claim arising out of or relating to these tourlane.com Mobile Communications Terms and Conditions, the breach thereof, or mobile communications sent by or on behalf of Tourlane — including the suitability of your or Tourlane’s claim for arbitration — shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If an arbitrator’s award is granted, it is binding, and may be entered in any court of competent jurisdiction.
Neither party may bring an action, in arbitration or otherwise, unless the action is started within two years of the occurrence allegedly causing the damage in question.
No arbitration brought under, or with respect to, this Section is to be joined to an arbitration involving any other party subject to these Mobile Terms, whether through class arbitration proceedings or otherwise. Unless tourlane.com and you mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.
The arbitrator may award money or equitable relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Monetary relief shall be awarded only for direct damages; monetary relief shall not be granted for consequential damages, incidental damages, or lost profits.
Any arbitration award and any judgment confirming shall not have any precedential effect and may not be used in any other case except to enforce the award itself.
To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
For arbitration claims you assert against tourlane.com in accordance with this section (but not for any arbitration claim against you), tourlane.com will pay your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Tourlane.com will pay its own, and you will pay your own, lawyers’, experts’, and witnesses’ fees, expenses, and costs with respect to all claims.
Before seeking arbitration, you must first send to tourlane.com a written Notice of Dispute (“Notice”). The Notice must be sent by certified mail to Tourlane LLC 199 Water St, New York, NY 10038. The Notice should describe the nature and basis of your claim, or dispute and the specific relief you seek. If you and tourlane.com cannot reach an agreement to resolve the claim within thirty days after the Notice is received, you or tourlane.com may commence arbitration.
Tourlane.com may modify or revise these Mobile Terms at any time by posting revisions on the tourlane.com website. If you do not opt-out of receiving additional messages by texting “STOP” in reply to any tourlane.com mobile communication or by writing an email to firstname.lastname@example.org clearly indicating that you do not wish to receive additional mobile communications from tourlane.com after changes to these Mobile Terms, you agree to be bound by the modified or revised Mobile Terms.
You may not modify these Mobile Terms without express written consent from tourlane.com.
H. Disclaimer of warranties
Tourlane.com sends mobile communications on an “as-is” basis. Tourlane.com specifically disclaims all express or implied warranties related to its mobile communications.
I. Governing law
These Mobile Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of law provisions.
If, for any reason, a court or arbitrator of competent jurisdiction finds any provision, or portion thereof, of these Mobile Terms unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Mobile Terms shall remain in full force and effect.
Sections H through K shall survive any termination of these Mobile Terms by either tourlane.com or you.
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