Terms and Conditions

The Traveling Traveler, LLC

Terms of Service

Last Updated: March 2023

Please read these Terms of Service, including the terms of the Privacy Policy and Disclaimer, which are incorporated into this document by reference (together, the “Terms”) carefully before using The Traveling Traveler website (the “Site”). 

These Terms are a contract entered into between You (“you,” “your,” “yours”) and The Traveling Traveler, LLC (“we,” “us,” “our,” “The Traveling Traveler”). These Terms govern your use of and access to the Site, including any content, functionality, products, courses, educational materials, and services offered on or through it or them (the “Services”). These Terms apply to all visitors, users and others who wish to access or use the Site. 

We, or our third-party affiliates, may make improvements and/or changes in the capabilities, features, prices, and availability of the Site at any time without notice. You agree that we are not and shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, the Services or any portion or functionality thereof.

  1. Acceptance of Terms
    3. Persons who Cannot Accept. You cannot accept these Terms if: (i) you are not lawfully entitled to use the Site or any part, feature, or functionality under any applicable laws in the country, state, province, or other location in which you are physically present at the time of access or otherwise resident of; (ii) you are not a resident of the United States; or (iii) you are under the age of 18. It is your responsibility to ensure that you are legally allowed to enter into these Terms and that you do not violate any applicable laws.
    4. Modification. We, or our third-party affiliates, may make improvements and/or changes in the capabilities, features, prices, and availability of the Site at any time without notice. You agree that we are not and shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, the Services or any portion or functionality thereof. The preceding two sentences do not apply to the rights and obligations of Sections 14 and 15, and if a change or modification of any such sections is made, you will be immediately notified through the Site and/or via an email address or other contact method you have provided to us. Your continued use of the Site after any such change constitutes acceptance of the new, additional, or modified Terms. 
  2. Job Board and Open Positions
    1. Generally. Some of the Services may include descriptions of employment or contractor positions, jobs, and work, both temporary and permanent, full-time and part-time, (each, an “Open Position”) that a third party seeks to fill on its own behalf or on behalf of its associates or affiliates (the “Agency”). You may be able to express interest or apply to Open Positions through the Site. 
    2. Consent to Transmission. By expressing interest or applying to Open Positions, you are permitting us to transmit your information, including any personal or identifying information you provide, to the Agency. Submitting such information is AT YOUR OWN RISK. We are not responsible for erroneous information, problems in transmission, or incomplete transmission, or for any violation of your confidentiality caused by the transmission or information you provide. 
    3. Agencies and Content. Each Agency provides us with information about the Open Positions through automated or partially automated means. The Agency is solely responsible for the content contained within or on an Open Position and we do not review, alter, or edit that information. If you have questions or concerns about the information contained within or on an Open Position, please contact the Agency directly.
  3. Permitted Use and Conduct
  1. Permitted Use. You may use the Services only within the intended purpose and permitted use. You acknowledge that the purpose of the Site is to provide you with access to the Services, including tools to create and manage information, images, comments, posts, logs, teams, play games, interact with the Site, follow and be followed by other users, comment on activities, interact with other users, or other content created, uploaded, shared, published or distributed through the Site or Services, either directly or indirectly (“User Content”). Any use for other purposes or particular misuse of the Services or Site is not permitted.
  2. Guidelines. We have established certain guidelines to keep our community safe (“Guidelines”).  By visiting or using the Site or accessing any Service, you agree to abide by these Guidelines, which are as follows:
  • You will comply with all applicable law;
  • You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
  • You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
  • You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
  • You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
  • You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the Site and/or any Service;
  • You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
  • You will not attempt to gain unauthorized access to any portion of the Site or any of the Services;
  • You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
  • You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
  • You will not engage in market research or any research intended to help a competitor;
  • You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
  • You will not block or cover any advertisements on the Site;
  • With the exception of any personal information you share (which is covered under our Privacy Policy), once you upload, post, send, email, or otherwise make available any material, we have the right to display, repurpose or otherwise use such material in any way; and
  • You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.
  • We reserve the right to deny you access to the Site and any Services in our sole discretion at any time and for any reason.
  1. Intellectual Property
    1. Your Responsibilities. You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness. By posting User Content on or through the Site, you represent and warrant that the User Content: 
  • is owned and created by you or you have the legal right to use it and the ability to grant us the rights and license as provided in these Terms; 
  • does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; 
  • does not contain a link or promote any affiliate program, multi-level marketing scheme, sites repurposing existing stories or off-topic content;
  • does not scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any approved mobile application, application programming interface, or client application;
  • does not contain software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • does not falsely or incorrectly claim that you are or any other person is a technology or financial professional, or falsely state or otherwise misrepresent your or another person’s affiliation with a technology The Traveling Traveler, financial institution, or educational facility; and
  • is not and does contain unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited, objectionable, or infringing on the rights of any third party.
  1. Your Rights. Except for those rights granted herein, you retain any and all of your rights to any User Content you submit, post or display on or through the Site or Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for any User Content you or any third-party post or otherwise make available on or through the Site or Services. We reserve the right to terminate the account of anyone found to be infringing on a copyright or violating these Terms.
  2. Your License to Us. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and license to use, modify, publicly perform, publicly display, reproduce, re-format and distribute any such User Content on and through the Services and Site. You agree that this license includes the right for us to make your User Content available to other users of the Site, who may also use your User Content subject to these Terms.
  3. Intellectual Property Displayed. Any other information, images, data or content found on or through this Site (“Data”) is the property of The Traveling Traveler, used and displayed by The Traveling Traveler in accordance with 17 U.S. Code § 107,  or used and displayed with permission given to The Traveling Traveler, including all patent rights, copyright, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence (“Intellectual Property”). You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Data or Intellectual Property, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. You specifically agree not to access (or attempt to access) the Site, Services, User Content, Data or Intellectual Property through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site, Services, User Content, Data or Intellectual Property.
  4. Intellectual Property Ownership. The Site, Services, Data, and other Intellectual Property objects displayed, distributed, or otherwise made available via the Site and Services, is the property of The Traveling Traveler, and its successors, assigns, licensors, or suppliers. Unless specifically provided in these Terms or if you have agreed otherwise in writing with us, nothing in these Terms gives you a right to use the Site, Services, Data, User Content or Intellectual Property, and nothing in these Terms transfers or assigns any ownership rights. 
  5. Feedback. We may provide means for you to give suggestions or feedback, or we may require information from you to provide troubleshooting or other Services. We are under no obligation to use suggestion, feedback, or information, but may, in our sole discretion, without any credit or notification to you. You hereby specifically disclaim any rights, whether through intellectual property, moral rights, or any other right in law or equity for any User Content you submit to us for the purpose of functionality suggestions, feedback, or customer service, including any complaints and regardless of the method you provide it to us and expressly permit us to utilize it as we deem necessary or desirable for any purpose whatsoever. 
  6. Disclaimer of Warranties

Your use of this Site and any Services is entirely at your risk, as the Site and our Services are provided on an “as is” and “as available” basis.  We do not make any express or implied warranties or representations relating to the Site, its content and our Services, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights.  We also do not make any express or implied warranties or representations that the Site will operate without error or that the Site, the servers relied on, our Services and any content is free from computer viruses or other potentially harmful or destructive features.  Some jurisdictions do not permit the exclusion of certain warranties.  As such, some of the exclusions referenced in this section may not apply to you.

  1. Limitation of Liability

To the fullest extent permissible by law, The Traveling Traveler and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this Site or any Services or your reliance on any advice, opinion, information, representation or omission contained on, or received through this Site or any Services, even if we have been advised of the possibility of such damages occurring. 

This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.

  1. Indemnification

You shall indemnify, defend and hold harmless The Traveling Traveler and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of this Site or any of our Services, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights.  We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims.  We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel.  You agree to cooperate and assist us in defending any such Claim.

  1. Payments and Fees
    1. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for Services selected by you will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts, your geographical location or residence, and chosen payment method. You will be charged the price advertised at the time you complete the payment process. 
    2. If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted on the Site may not include applicable discounts or taxes until the payment information is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    3. You must initiate payment for the charges related to the specific Services you select or other products or services provided through the Site when submitting the order. If you do not complete this payment to our satisfaction, we will not provide you with the Services you requested.
    4. You can use any available and the most convenient payment method currently available through the Site for all purchases. However, The Traveling Traveler does not guarantee the availability of any payment method at any moment. The Traveling Traveler may add, remove or suspend any payment method temporarily or permanently by its own discretion.
    5. Any payments you make through the Site and for the Services may be subject to applicable state, federal, or other tax. You are solely responsible for payment of any applicable tax, whether local, state, federal, international, or other. The Traveling Traveler is not liable for any failure of any User to pay taxes.  
    6. You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honored by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site or through the Services at the time of your order.
    7. You understand that you are purchasing the Services from The Traveling Traveler via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact The Traveling Traveler support service for any issues related to payment transactions before contacting the PSP or financial institution.
    8. Using the Site or accessing the Services via the Internet may lead to incurring costs that you will have to pay to your service provider.
    9. If you have an account with us and authorize us to make recurring payments for certain Services (a “Subscription”), we will automatically renew your Subscription from the beginning of the applicable billing period. You irrevocably authorize and instruct us to make the required monthly payments to the Traveling Traveler on your behalf. Automatic renewal occurs on the first day after the expiration date. You understand that you are purchasing the Subscription via a PSP. 
  2. Cancellations, Returns, and Refunds.
    1. Unless otherwise required by applicable law, we have no obligation to provide a refund, exchange, return, or a credit. Due to the nature of Site as a digital product, no refunds, exchanges, return, or a credit are granted without clear, justified and legitimate reasons. We will assess any refund request for fees payable in advance on its merits and in our sole and absolute discretion. 
    2. Except as otherwise set out in these Terms, all sales are final, non-refundable, and as-is, with no warranties of any kind, including warranties of quality and fitness for a particular purpose.
    3. For information on course refunds, exchanges, or credits, please refer to https://travel-therapy.teachable.com/ . Absolutely no refunds, exchanges, returns, or credits will be granted solely on the basis of non-use or a change in the availability of certain Services.
    4. To cancel a Subscription, please contact us at hello@thetravelingtraveler.com. Any such cancellation will be granted immediately upon receipt; however, you will be permitted to access remaining Services or Subscription, in our sole and absolute discretion and subject to availability of any such Services or Subscription.
  3. Links to and Integration with Other Websites and Sites. 

Use of certain links or integrated features on the Site will direct you to third party feeds, software, websites or mobile applications (collectively, “Third-Party Platforms”). Such Third-Party Platforms are not under the control of The Traveling Traveler, and we are not responsible for the content of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on or through the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third-Party Platform or the products or services or information offered therein. If you decide to access any Third-Party Platform information, you do so entirely at your own risk. In no event shall we be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Platform. We strongly advise you to read the Terms of Service and Privacy Policies of any Third-Party Platform or any other website or services that you visit.

  1. Dispute Resolution
    1. Arbitration. In the event that either party asserts that there is a dispute arising out of or relating to this Agreement, such party shall first notify the other party in writing, specifying the nature of the dispute and scheduling a meeting to attempt to resolve the dispute. If no resolution is reached within thirty (30) calendar days of the delivery of the written notice, either party may then elect to exclusively and finally resolve the dispute by binding arbitration by filing a written notice of arbitration in accordance with this section under the subheading “Binding Arbitration” and the Rules of Conciliation and Arbitration of the International Chamber of Commerce applicable at the time of submission of the dispute to arbitration (the “ICC Rules”). Notwithstanding anything to the contrary in the ICC Rules, the following conditions shall apply:
  • The arbitration shall be conducted by a panel of three (3) arbitrators.  Each party shall have the right to appoint one (1) arbitrator within fifteen (15) days following the delivery of the written notice of arbitration, and a third arbitrator shall be selected by those two (2) party-appointed arbitrators within thirty (30) days of the appointment of the two (2) party-appointed arbitrators.
  • The arbitration proceedings shall be held in Honolulu, Hawaii, United States of America, in the English language.
  • The parties shall equally bear the costs and fees of the arbitration, and each party shall bear its own cost for its own legal expenses.  The arbitrators shall apply the substantive law set forth in the section of this Agreement under the subheading “Governing Law”.  Any arbitration proceeding shall be conducted on a confidential basis.
  • The arbitrators shall specify the reason and basis for their decision, the reason for any damages awarded and the breakdown for such damages awarded, and the basis for any other remedy authorized under this Agreement, including but not limited to injunctive relief or specific performance.  For the avoidance of doubt, nothing in this Agreement shall prevent us from seeking injunctive or other equitable relief.
  • The decision of the arbitrators shall be considered as a final and binding resolution of the dispute, shall be final and binding on the parties, and shall not be subject to appeal or reexamination.  The award of the arbitrators may be entered as a judgment and enforced by any court of competent jurisdiction.
  2. Injunctive Relief. We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property.  All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the state or federal courts of the State of Hawaii, United States of America. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.
  1. Updates, Alterations, and Modifications to the Site and Services
    1. We may, from time to time, modify, add to, suspend, or delete any aspect of accounts, planned Coaching, or feature functionality within the Site and Services, in whole or in part, at our sole discretion and with or without notice. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use of the Site or Services.
    2. Though we try to make the Site, and Services available twenty-four hours a day, seven days a week, except for planned downtime for maintenance, we make no warranty or guarantees they will be available. We disclaim any warranty, express or implied, of availability of or access to the Site or Services.
    3. We not warrant that your mobile device or computer will be able to access and support the Site or Services. You are solely responsible for ensuring that your mobile device or computer can access and support the Site or Services.
  2. Term, Termination, and Suspension
    1. We may terminate these Terms, your personal account, or any use of or access to the Site or Services at any time for any reason, with or without cause. We specifically reserve the right to terminate these Terms if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of The Traveling Traveler or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal, disturbing, libelous, or prohibited material or otherwise engage in improper conduct. You may also terminate these Terms at any time by contacting us and requesting termination. At the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
    2. Upon termination, your right to use the Site and Services is automatically revoked, and your account, if any, will be closed. As a result of account closure and your termination of this Agreement, YOU MUST NOT ACCESS THE SITE OR SERVICES and any purchase or order that has not been fulfilled will be cancelled with no refund for any unused Services.
    3. Except as otherwise required by law, if your account is closed for any reason, you will no longer have access to content you keep on the Site, including past Services, and any closure of your account may involve deletion of any User Content stored on or through the Site for which we have no liability whatsoever. We, in our sole discretion and as permitted or required by law, may retain some or all of your information.
  3. Indemnification. In addition to any other indemnifications stated in these Terms, you agree to indemnify, defend, and hold harmless The Traveling Traveler and its affiliates, vendors, licensors and their respective owners, directors, officers, employees, agents, subsidiaries, representatives, successors and assigns from and against all claims, demands, liabilities, suits, actions, judgments, awards, damages, losses, costs and expenses, including attorneys’ fees, arising out of, related to, or resulting from
    1. any action taken using your account, user IDs, passwords or other access credentials, 
    2. your use or non-use of the Site or Services; 
    3. your reliance or non-reliance on any User Content or other information on the Site;
    4. the User Content made available through your user credentials;
    5. your or noncompliance with or breach of these Terms; 
    6. your physical location at the time of use of the Site or Services;
    7. your age at the time of use of the Site or Services;
    8. your receipt, ownership, use, or misuse of any User Content or other information;
    9. your submission of information to or expression of interest in any Open Position;
    10. your use of third-party services, including products, links, advertisements, or tools; and
    11. your violations of any third-party rights, including any third-party intellectual property rights.
  4. Miscellaneous
    1. Assignment. You understand, acknowledge, and agree that we have the right to assign or transfer these Terms and its rights and obligations hereunder to any third party. You understand, acknowledge, and agree that you shall not assign or transfer your rights or subcontract or delegate the performance of any of your obligations under these Terms without our prior written consent, which may or may not be given, withheld, or delayed at our sole and exclusive discretion.
    2. Customer Service. Should you have any questions, comments or concerns regarding information or services provided or offered by us, our customer service may be contacted at any time by email to hello@thetravelingtraveler.com.
    3. Entire Agreement. These Terms, together with the Privacy Policy and Disclaimers, constitute the sole and entire agreement between you and The Traveling Traveler with respect to Site and Services described herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same. No modification or amendment will be binding upon us unless in a written instrument signed by our duly authorized representative or made available to you by us.
    4. Force Majeure. We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
    5. Notices. Except as explicitly stated otherwise, any notices directed to The Traveling Traveler shall be given by email to hello@thetravelingtraveler.com. Any notices directed to you shall be directed to the e-mail address you provide to us. Notice to you shall be deemed given twenty-four (24) hours after any such e-mail is sent unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.
    6. Severability. If any part of these Terms is determined to be invalid or unenforceable by a court or tribunal of competent jurisdiction, 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 these Terms will continue in effect.
    7. Third-Party Beneficiaries. You understand and agree that, except as otherwise provided for in these Terms, there shall be no third-party beneficiaries to the Terms. 
    8. Titles and Headings. Titles and headings of sections of these Terms are for convenience only and shall not affect the construction of any provision of this Terms.
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