Effective Date: April 16, 2020
Welcome to www.thepassportcouple.com. We’re so excited to have you join the family!
Alicia Walter and Nathan Stark (“The Passport Couple,” “we,” “us,” or “our”) operate(s) the www.thepassportcouple.com website (hereinafter referred to as the “Service”).
These Terms of Use govern your use of the Service and provide information about the Service, outlined below. When you use the Service, you agree to these terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of our Service is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices.
Users of the Service
We want our Service to be as inclusive as possible but we also aim to have a safe and secure Service that is in accordance with the law. We need you to commit to a few restrictions in order to use our Service.
- You must be at least 18 years old.
- You must not be prohibited from receiving any aspect of our Service under applicable laws.
International Users
The Service is controlled, operated and administered by The Passport Couple from the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The Passport Couple content accessed through our Service in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Electronic Communications
Visiting our Service or sending emails to The Passport Couple constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and through the Service, satisfy any legal requirement that such communications be in writing.
Contests, Giveaways, Sweepstakes, and Promotions
Any contests, giveaways, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, then the Promotion’s rules shall apply.
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms of Use.
As a condition of your use of the Service, you warrant to The Passport Couple that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of The Passport Couple or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. The Passport Couple content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Passport Couple and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Passport Couple or our licensors except as expressly authorized by these Terms.
Links to Third Party Sites
Our Service may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Passport Couple and we are not responsible for the contents, privacy policies, or practices of any of Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
The Passport Couple is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Passport Couple, of the Service, or any association with its operators.
You acknowledge and agree that The Passport Couple shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.
Certain services made available via our Service are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.thepassportcouple.com domain, you hereby acknowledge and consent that The Passport Couple may share such information and data with any third party with whom The Passport Couple has a contractual relationship to provide the requested product, service or functionality on behalf of The Passport Couple’s users and customers.
We strongly advise you to read the Terms of Use and Privacy Policies of any Linked Sites that you visit.
Termination
We reserve the right, in our sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice.
If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service.
All provisions of the Terms which by their nature should service termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to indemnify, defend, and hold harmless The Passport Couple, its licensee and licensors, officers, directors, employees, agents, contractors, and third parties, for any claims, damages, obligations, losses, costs or debt, liabilities, and expenses (including, but not limited to reasonable attorney’s fees), relating to or arising out of your use of or inability to use the Service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
The Passport Couple reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Passport Couple in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns, these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.
Class Action Waiver
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.
The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as plaintiff or class member in any putative class, collective, and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and The Passport Couple agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PASSPORT COUPLE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
THE PASSPORT COUPLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE PASSPORT COUPLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PASSPORT COUPLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PASSPORT COUPLE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Exclusions
Some jurisdictions do not allow the exclusion or limitation of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, United States and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Passport Couple with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Passport Couple with respect to the Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Passport Couple as a result of this agreement or use of the Service. The Passport Couple’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Passport Couple’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by The Passport Couple with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Changes to these Terms
The Passport Couple reserves the right to change these Terms of Use from time to time.
Your continued use of the Service after such modifications will constitute your:
- Acknowledgment of the modified Terms of Use; and
- Agreement to abide and be bound by those Terms.
You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. The “effective date” will be updated at the top of this page.
If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Information
If you have any questions or comments regarding the Terms of Use, please contact The Passport Couple at nate@thepassportcouple.com.
You can also contact us via mail at 440 N Barranca Ave Unit 2302, Covina, CA 91723, United States.
Stamped,
The Passport Couple
