TRIPSPIN SUBSCRIPTION AGREEMENT
TERMS AND CONDITIONS
1) The undersigned hereby represents, warrants, covenants and agrees with TripSpin Subscription as follows:
- The undersigned Subscriber is of legal age in the state in which they reside;
- Subscriber has no obligations to or relationships with other parties that would prevent Subscriber from carrying out the duties under the Agreement;
- Subscriber has the power and authority to execute, deliver and perform the Agreement;
- All information and materials submitted to TripSpin are true and correct, including but not limited to Subscriber Social Security Number and/or Federal Employee Identification;
- International Residents agree to provide valid and true information including but not limited to identity, address, etc. with a valid citizens ID #, Passport #, or Drivers License #;
- International Residents agree to provide, upon request, a U.S. IRS W-8 BEN form which will be kept on file to claim tax treaty status for payment of commissions, whereby not requiring U.S. tax withholding.
2) Subscriber’s execution and performance of the Agreement does not and will violate the legal or contractual rights of any third party.
3) The Agreement shall be binding upon the parties and their respective heirs and permitted successors and assigns.
4) Subscriber hereby acknowledges and agrees that in no event will TripSpin or any of its affiliate companies be liable under these Terms or any theory of liability, for any indirect, special, consequential, incidental, punitive or similar damages, even if TripSpin has been advised of the possibility thereof.
5) The Agreement signed and transmitted electronically by agreeing, if so, is intended by Subscriber to and will be treated as an original document with original signatures and considered to have the same binding effect as an original document with original signatures.
6) Subscriber agrees that upon breach of the Agreement TripSpin will be immediately and irreparably harmed and cannot be made whole solely by monetary damages. Subscriber agrees that the remedy at law for any breach of any provision of the Agreement shall be inadequate and that, in addition to any other remedies at law or in equity that it may have, Subscriber shall be entitled, without the necessity of proving actual damages or posting bond, to temporary or permanent injunctive relief to prevent the breach of any provision of the Agreement, and/or to compel specific performance of the Agreement.
7) Subscriber agrees to indemnify and hold harmless TripSpin, its parents, subsidiaries and affiliates, and their shareholders, officers, agents, employees and directors, from and against any and all claims, demands, liabilities, losses, damages, costs or expenses, including but not limited to, court costs and attorneys fees, asserted against, or suffered or incurred by, any of them by reason of, arising out of, resulting from or in any way connected with, directly or indirectly, Subscriber’s (1) activities as an Subscriber, including without limitation, any unauthorized representations made by Subscriber or any errors or omissions made by SUBSCRIBERS in connection with SUBSCRIBER’s business, (2) breach of the terms of the Agreement or (3) violation of or failure to comply with any applicable federal, state or local law or regulation, whether or not litigation is commenced. TripSpin shall have the right to offset any amounts owed to SUBSCRIBER hereunder against the amount of any commissions, bonuses or other amounts owed to SUBSCRIBER from TripSpin. Subscriber shall be entitled to its costs and expenses, including reasonable attorneys fees, in enforcing its rights under the Agreement.
8) Travel Services/Reservations- All reservations are (i) satisfied on a first come, first serve, space availability basis and (ii) must be reserved either on-line through YOUR TripSpin Subscription account or by calling the Reservation Center. Subscribers are advised to be flexible in their travel plans in order to obtain desired reservations and to make condominium reservation requests at least ninety (90) days in advance of the desired travel date; provided, however, last minute reservations may be available by selecting from the available inventory listed on the Subscription website. Subscriber acknowledges that requests for holiday periods and/or for three (3) bedroom condominium units may be more difficult to fulfill and are often more expensive. Condominium unit rental rates are based on availability and will vary based on resort, season, and unit size. Subscriber must present a valid credit card number in order to pay for and confirm travel or other services. Reservations do not include and Subscribers are responsible for paying all applicable fees at the time of making the reservation, including the reservation fee, transportation, food, liquor, applicable taxes, tips, port charges, telephone calls, or other resort specific charges (e.g. cleaning fees, energy surcharges, foreign country exit fees, or amenities fees) and other fees and/or charges as may be imposed by the various providers of travel and other related products and services, or other items of a personal nature, all of which are the sole responsibility of Subscriber, unless specifically included in the reservation or as a Subscription benefit.
9) Personal Use Only- Accommodations obtained pursuant to a reservation shall be used by Subscriber only for vacation and leisure purposes and shall not be used as a principal residence or for the operation of any business. Only Subscriber, and their permitted guests and invitees shall occupy such accommodations or otherwise avail themselves of the benefits associated with the Subscription. Subscribers shall abide by and adhere to all rules and regulations established by the provider in connection with the occupancy of accommodations and use of related facilities, including accommodation occupancy limits. Subscribers shall be personally responsible for any damage to the accommodation(s) and facilities occurring during their occupancy and use.
10) Travel Reservations- All confirmed reservations are subject to the cancellation terms in effect at the time of booking. TripSpin will provide Subscribers with a confirmation via electronic mail showing reservation details. The person named on the confirmation must be present in order to check-in and obtain the reserved accommodations.
11) Third Party Vendors, Providers and Suppliers- Subscriber acknowledges and agrees that TripSpin may contract with third party vendors, providers, and suppliers to provide any or all Subscription Benefits available to Subscriber in connection with the Subscription. In all instances, TripSpin is acting as a separate entity from those third party suppliers and no supplier is an agent or employee of TripSpin or their affiliate providers. Neither TripSpin nor their provider accepts any liability for any actions or omissions of any third party supplier providing any Subscription Benefits. All coupons, receipts, and tickets are issued subject to the terms and conditions specified by each of the various suppliers. TripSpin reserves the right, in its sole discretion, to add, remove or substitute any such third party vendors, providers or suppliers. Subscriber acknowledges and agrees that he/she has not purchased the Subscription in reliance on the existence of any specific vendors, providers or suppliers.
12) The Agreement constitutes the entire agreement between Subscriber and TripSpin, supersedes all prior agreements and no other promises, representations, guarantees or agreements of any kind shall be valid unless in writing and signed by both parties.
13) An individual’s continued participation in the TripSpin subscription constitutes acceptance of and adherence to this Agreement as published and amended
TripSpin with jurisdiction and venue as provided by Louisiana law, and a Montana resident may cancel within 15 days from the date of enrollment and may receive a full refund of all amounts paid to TripSpin.
15) Refund/Cancellation Policy- Subscriber can cancel within 30 business days for full refund of their $308.88 initial fee. All subsequent fees are nonrefundable. The digital nature of the services and the immediacy of the benefits make any possibility for a longer refund period commercially impractical.
16) Renewal- Subscriber agrees to pay monthly renewal fee of $88.88 to $48.88 each month. Should a Subscriber choose to cancel or be cancelled due to non-payment a $30.00 catch-up fee will be charged upon reactivation for each month the account remains in a Cancelled status. Non-payment will result in a Suspended status until such time payment is collected or the payment is declined on subsequent attempts 10 days and 40 days after the initial decline. An account is defined as Cancelled after this grace period of 40 days. After the 40 day grace period the account will be set as cancelled and the $30 catch-up fee will be applied monthly until such time the account holder reactivates by paying the accumulated catch-up fees. In the event the accumulated catch-up fees surpass $308.88 the account holder may reactive for $308.88 or enroll as a new Subscriber. Upon reactivation the account holder will be billed the $88.88 to $48.88 Subscription fee the following month and each month thereafter on the anniversary date of the reactivation.
SIGNATURE ELECTRONICALLY, INDICATES SUBSCRIBER HAS READ, UNDERSTANDS AND AGREES TO ALL CURRENT (16) SECTIONS OF THE TRIPSPIN SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS
emailed to email@example.com or mailed to:
901 Sam Rayburn Highway Ste 300
Melissa, Texas 75454
These Terms and Conditions were agreed to during your enrollment.
A copy is available through your TripSpin Back Office.
Please contact you Support by submitting a Support Ticket from your TripSpin Back Office.