Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU (HEREINAFTER "YOU" OR "YOUR") AND TRISEPT SOLUTIONS, LLC (HEREINAFTER " XCELERATOR") GOVERNING YOUR ACCESS AND USE OF XCELERATOR SERVICES (HEREINAFTER, "SERVICES").
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter "Terms").
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to all of the Terms, Xcelerator is unwilling to grant you access to or use of the Services. You can accept the Terms by clicking on a button indicating your acceptance of the Terms or by using the Services.
Description of Service
We provide an array of services for travel agent operations. You may use the Services for your personal and business use or for internal business purpose. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 15 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Xcelerator notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated, incomplete or if Xcelerator has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Xcelerator may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one administrator. The administrator will have the right to configure the Services based on your requirements and manage end users in your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Xcelerator is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to Xcelerator@triseptsolutions.com, provided that the process is acceptable to Xcelerator. In the absence of any specified administrator account recovery process, Xcelerator may provide control of an administrator account to an individual providing proof satisfactory to Xcelerator demonstrating authorization to act on behalf of the organization. You agree not to hold Xcelerator liable for the consequences of any action taken by Xcelerator in good faith in this regard.
Personal Information and Privacy
Communication from Xcelerator
The Service may include certain communications from Xcelerator, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Fees and Payments
The Services are available on a month-to-month subscription plan. Payments for subscription plans can only be made by Credit Card and are automatically charged monthly, for the following month's usage. The monthly payment is nonrefundable. Your subscription will be automatically renewed at the end of each month. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you plus applicable sales and use taxes. You may change your credit card at any time. From time to time, we may change the price of any Service or charge for use of Services. Any increase in charges will not apply until the next billing cycle. Billing questions should be reported through the "Need Help?" link in the platform, sent by email to Xcelerator@triseptsolutions.com or by calling 414-934-2XLR (2957) Monday through Friday from 9:00am to 5:00pm CST.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms and conditions; (iv) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Xcelerator; and (v) violate any applicable local, state, national or international law.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 30 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination. The data deletion policy may be implemented with respect to any or all of the Services.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Xcelerator the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Xcelerator commercial, marketing or any similar purpose. But you grant Xcelerator permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you. In addition, you grant Xcelerator permission to utilize content to compile and analyze any non-personally identifiable data or information resulting from your use of the Services.
Sample files and Applications
Xcelerator may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Xcelerator makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Xcelerator, Xcelerator logo, the names of individual Services and their logos are trademarks of Trisept Solutions, LLC. You agree not to display or use, in any manner, the Xcelerator trademarks, without Xcelerator's prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. XCELERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XCELERATOR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM XCELERATOR, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT XCELERATOR SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFROMATION OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF XCELERATOR HAS BEEN ADIVSED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL XCELERATOR'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Xcelerator, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Xcelerator.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of Wisconsin exclusive of its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Wisconsin, Milwaukee County in connection with all disputes arising out of or relating to these Terms.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to Xcelerator@triseptsolutions.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms. In the event of termination for any reason, no refunds will be given. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
Trisept Solutions, LLC
777 West Glencoe Place
Milwaukee, WI 53217