The Yodl website and its associated services and content (collectively “Site”) is owned and operated by Whirr Digital, LLC (“Yodl”, “we”, “our”, or “us”), a Maryland limited liability company. By using our website and/or using our services, you acknowledge that you have read, understood, and agree to be bound by our Terms of Service (“Contract”, “Agreement”, or “Terms”). Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. Please read these Terms of Service (collectively with Yodl’s Privacy Policy located at https://yodl.travel/privacy-policy/, the “Terms of Service”) fully and carefully before using www.yodl.travel (the “Site”) and the services, products, and content offered by Yodl (“we”, “our”, or “us”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. “You”, “Your”, “User”, “Visitor”, “Advisor”, “Client”, and “Customer” refers to you, the person(s) or business(es) that use our Site and Services. Any use of these definitions or other glossary in the singular, plural, capitalization, and/or pronoun are interchangeable but refer to the same.
1) Acceptance of Terms
By creating a Yodl account or accessing or using our Site or Services, including but not limited to visiting or browsing the Site, you are agreeing to enter into a legally binding contract with Yodl (even if you are using third party credentials or using our Services on behalf of a company). If you do not agree to these Terms of Service (including, for clarity, the Privacy Policy), do not create an account or access or otherwise use any of our Services. If you wish to terminate this Agreement at any time, you can do so by closing your account and no longer accessing or using our Services.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Members and Visitors. When you register and join the Yodl Services, you become a “Member”. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
These Terms of Service apply to all users of the Site and Services. You may use our Site and Services as permitted by these Terms of Service and may not use this Site for any purpose other than for which Yodl makes the Site and Services available.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE TO FIRST TRY TO RESOLVE THE DISPUTE INFORMALLY BY CONTACTING US AT HELLO@YODL.TRAVEL. OTHERWISE, YOU AGREE THAT DISPUTES BETWEEN YOU AND YODL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2) Eligibility
The Site and Services are offered only for your use, and not for the use or benefit of any third party. If you are using the Site or Services of Yodl on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms of Service.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. By agreeing to these Terms of Service, you warrant and agree that you have the right and necessary legal capacity to comply and be bound by these Terms of Service.
3) Your Account
Members are account holders. You agree to: (i) protect against wrongful access to your account; (ii) not share or transfer your account or any part of it (e.g., sell or transfer the personal data of others by transferring your connections); and (iii) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g., bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
4) Processing of Personal Data
Your personal data will be collected, used, and treated in accordance with Yodl’s Privacy Policy, available at https://yodl.travel/privacy-policy/. When contacting us or requesting to be contacted by us, you agree to receive direct communication from Yodl and acknowledge our processing of your personal data.
5) Content
Other than the Content you own and opted to include on this Site, under these Terms of Service, Yodl owns and reserves all intellectual property rights of this Site. You are granted a limited license, subject to the restrictions entailed in these Terms of Service, for purposes of viewing this Site’s Content.
Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, images, audio, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site and Services. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
User Content. Yodl shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Site and Services by users (collectively “User Content”), whether publicly posted or privately transmitted. The Site may contain or feature personal web pages or profiles, user directories, bulletin boards, functions for saving and sharing content, functions for providing ratings and reviews, surveys, promotions, and other interactive features (collectively, “Services”) that allow users to display, post, submit, publish, or transmit to other users or other persons (hereinafter, “post”) User Content on or through the Site. All User Content must comply with the content standards set out in these Terms of Service. You represent that all User Content provided by you is accurate, complete, up-to-date, non-confidential, non-proprietary, and in compliance with all applicable laws, rules, and regulations. You represent and warrant that you own, control, or otherwise have sufficient rights in and to the User Content to grant the license granted to Yodl and our respective licensees, successors, and assigns. User Content must be your own and must not be infringing on any third party’s rights. You warrant that all your User Content does and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Yodl, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Yodl does not claim ownership of the User Content you provide, post, upload, input, or submit to us. However, by providing User Content to Yodl, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, modify, adapt, display, publish, translate, and distribute it on any media and for any purpose, notwithstanding whether your account is thereafter deleted or becomes inactive. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type, and removing or adding labels or metadata), we will take steps to avoid materially modifying the meaning of your expression in content you share with others. Where we have made settings available, we will honor the choices you make about who can see User Content or other information (e.g., restricting profile visibility from search tools).
You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Site and Services is or will continue to be accurate. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. Unless otherwise stated, no compensation will be paid with respect to the use of your User Content, as provided herein. We are under no obligation to post or use any provided User Content and may remove any User Content at any time in our sole discretion.
Notices and Restrictions. The Services may contain Content specifically provided by us, our partners, or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Use License. Unless otherwise stated, Yodl owns the intellectual property rights for all Content on the Site. All intellectual property rights are reserved. You may access the Site’s Content subject to restrictions set in these Terms of Service. Use, republishing, reproduction, duplication, modification, distribution, or storage of any Content for other than purposes of using the Services is expressly prohibited without our prior written consent. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. You shall not use the Site in any manner that is damaging or impacts user access to the Site and Services. You shall not use the Site and Services contrary to the relevant rules, laws, and regulations of your country of residence. You shall not use our Content to imply affiliation with Yodl or to indicate the source of, sponsorship of, approval of, connection with, or association with your goods or services without our prior written consent.
Intellectual Property Rights. The Site and its entire contents, features, and tools are owned by Yodl, its licensors, or third party providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Site: (i) if you are an individual consumer, for your legitimate personal uses for which the Site is intended for consumers; and (ii) if you are a person or entity that sells travel and has accepted these Terms of Service, for the legitimate business purposes for which the Site is intended for such persons or entities. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Yodl. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other laws.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services.
Reliance on Information Posted. The information published and presented on the Site is made available solely for general information purposes. Yodl does not warrant the accuracy, completeness, timeliness, or usefulness of this information, including, without limitation, information or media concerning and/or describing any destination, supplier, accommodation, transportation, cruise, tour, or other travel products and services displayed on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Our Site includes User Content and information provided by third parties. All statements, responses, and opinions expressed in this content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Yodl or any other advisors. We are not responsible, or liable to you or any third party, for the information, or its accuracy, of content provided by any third parties.
Infringement Claims. We respect intellectual property rights. If you believe in good faith that any of our Site’s Content infringes on your copyright, trademark, or other intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest; (ii) description of the work that you claim has been infringed, including the URL of the location where the work exists; (iii) your name, email, address and phone number; and (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law. We may not process improper or incomplete claims. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on our Site. To submit your infringement claim, contact us at hello@yodl.travel.
6) Rules of Conduct
As a condition of use, you promise not to use the Site and Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Site and Services.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation User Content, on or through the Site and Services that:
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) modify copies of any content from this site; (viii) use any content or media separately from the accompanying text or for any purpose other than permitted in these Terms; (ix) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (x) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of us, our users, and the public.
7) Third Party Services
Our Site and Services may contain links to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to our Site and Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 website or resource.
8) Payments and Billing
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Service.
If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and you agree to the additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that: (i) Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates); (ii) Yodl may store and continue billing your payment method (e.g., credit card), even after it has expired, to avoid interruptions in your paid Services and to use it to pay for other Services you may purchase. You may update or change your payment method; (iii) If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date; (iv) We may modify our prices effective prospectively upon reasonable notice to the extent allowed under the law; (v) All of your paid Services are subject to Yodl’s Refund Policy; (vi) We may calculate taxes payable by you based on the billing information that you provide us.
Billing. We may use a third-party payment processor and invoicing platform (the “Payment Processor”) to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
Recurring Billing. Some of the Paid Services may consist of recurring period charges (e.g., subscriptions) as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT billing@yodl.travel.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR BILLING. YOU MUST PROMPTLY UPDATE ALL BILLING INFORMATION TO KEEP IT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged for your Paid Services varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, if applicable, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods based on these Terms of Service. To change or resign your subscription-based Services at any time, contact billing@yodl.travel. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
9) General Provisions for Using the Site to Book or Arrange Travel
It is your sole responsibility to satisfy requirements regarding travel documents, insurance, fees, and health documentation. Yodl is not responsible for advising you on these requirements, obtaining documents for you, or for any problems, delays, or losses you experience due to incorrect documentation, government decisions about entry, or insufficient insurance.
Passports, Visas, and Health Requirements. It is your sole responsibility to secure required travel documents and/or pay necessary fees, including but not limited to passports, visas, reciprocity fees, affidavits, and immunizations. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Review of Travel Documents. You must completely review all travel documents, whether from your travel advisor or a third party. Any errors, questions, or concerns should be communicated to your travel advisor immediately.
Health. Before traveling, check with your doctor about any recommended vaccinations or medications for your travel destinations. It is your responsibility to ensure that you satisfy all health entry requirements, obtain recommended inoculations, take recommended medication, and follow all medical advice in relation to your travel.
Insurance. Travel advisors may recommend getting travel insurance for your trip. Certain countries require visitors to have valid medical insurance to enter. Yodl cannot be held responsible for denied entry, whether due to unsatisfied insurance or travel requirements, or for any other reason. Yodl is not responsible for any costs incurred as a consequence of inappropriate or insufficient travel insurance or documentation.
We recommend checking the U.S. State Department (travel.state.gov) and the Centers for Disease Control and Prevention (CDC) (cdc.gov) websites. They have important, up-to-date information about travel risks and health notices for different countries. Yodl bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your trip related to improper documentation or government decisions about entry.
10) Acceptance of Travel Risks
You understand and agree that travel may involve inherent hazards and risks, some in remote areas of the world, including but not limited to risk of injury or death. You understand that unknown or unanticipated risks may result in injury, illness, or death. In order to participate in travel, you are willing to accept the risks and uncertainty involved. You hereby accept and assume full responsibility for any and all risks of illness, injury, or death and agree to hold harmless and fully release Yodl from any and all claims associated with your travel, including any claims of third party negligence, and you hereby covenant not to sue Yodl for any such claims or join any lawsuit or action asserting such claims against Yodl.
11) Warranty and Other Disclaimers
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding what Content you access on our Site; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Site and Services. We make no representations concerning any Content contained in or accessed through the Site and Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. Under no circumstance shall we be liable for any loss, damage, injury, liability, or expense incurred or suffered from the use of the Site and Services, including, without limitation, any fault, error, omission, commission, delay, failure, interruption, deletion, alteration, disruption, cessation, or incursion concerning such use by us, our affiliates or any third party. Under no circumstance shall Yodl or its affiliates be liable for any direct, indirect, consequential, accidental, or special damages, even if we have been advised against the risk or possibility of such damages.
In no event shall we be liable for any loss, injury, or damage arising out of your use of the Site and Services, whether, under contract, tort, or otherwise, and Yodl, including its officers, directors, employees, and affiliates shall not be liable for any indirect, consequential, or special liability arising out of your use of the Site and Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT GUARANTEE THAT THE SITE AND SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO YODL. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
12) Indemnification
You agree to defend, indemnify, and hold harmless Yodl, our affiliates, and each of our and their respective officers, employees, agents, contractors, directors, suppliers, and representatives from and against all liabilities, actions, claims, losses, damages (including consequential), demands, causes of action, judgments, fines, penalties, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site and Services, your reliance upon any advice provided through the Site and Services, your violation of these Terms of Service, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. If dissatisfied with any or all of the Content on our Site or any or all of its Terms of Service, you may discontinue using the Site and Services.
13) ARBITRATION CLAUSE AND CLASS ACTION WAIVER
ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND YODL OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH YODL, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE AND SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND YOU AND YODL HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE YODL’S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF MARYLAND. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND YODL WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT.
The arbitration shall be conducted in the English language. The losing party will be required to pay the prevailing party’s reasonable attorneys’ fees. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site and Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
CLASS ACTION WAIVER. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR YODL WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST YODL INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Arbitration and Class Action Waiver Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with Yodl.
14) Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF BUSINESS, LOSS OF INCOME, DATA LOSS, SPECIAL DAMAGES, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID BY YOU TO YODL FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD, IF ANY, OR (B) USD $100.00. IF NO FEES WERE PAID BY YOU TO YODL, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
15) Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of courts in Anne Arundel County, Maryland.
16) United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
17) Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail, or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site and Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Site and Services going forward. Your use of the Site and Services is subject to the Terms of Service in effect at the time of such use.
18) Severability
These Terms of Service (including, for clarity, the Privacy Policy) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications, understandings, and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable, void, or invalid, that provision will be reformed, limited, or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19) Force Majeure
We shall not be liable for any failure or delay in performing our obligations hereunder where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strike, lockout, civil unrest, acts of malicious computer programs and code (including but not limited to viruses, Trojan horses, worms, malicious macros, and scripts), shortages, accidents, casualties, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemics or any other event beyond our reasonable control.
20) Service Availability
We may change, suspend, or discontinue any of our Services. We may also limit the availability of features, content and other information so that they are not available to all Visitors or Members (e.g., by country or by subscription access). We don’t promise to store or show (or keep showing) any Content (including User Content). Yodl is not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of any content or other information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
21) Assignment
These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without prior notification or consent required.
22) Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
23) Notices
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. You (i) consent to receive communications from Yodl in an electronic form; and (ii) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal obligation that such communications would satisfy if they were in hard copy writing. You agree to keep your contact information up to date. Electronic notices should be sent to hello@yodl.travel.
24) No Waiver
Our failure to enforce any part of these Terms of Service at any point shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
25) Reservation of Rights
All rights not expressly granted herein are reserved to Yodl.
26) Termination
Both you and Yodl may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Site and Services. The following shall survive termination: (i) Sections 1, 4, 5, 6, 7, 11, 12, 13, 14, 15, 18, 20, 22, 24, and 25 of these Terms of Service; (ii) Any amounts owed prior to termination remain owed after termination.
27) Headings
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
28) ERRORS AND OMISSIONS
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
Contact: You may contact us at the following address:
Whirr Digital, LLC DBA Yodl
64 W Central Ave #520
Edgewater, MD 21037
Email: hello@yodl.travel
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