INTRODUCTION
Welcome to AvidTrips.com (the "Website"), which is owned and operated by AvidTrips, Inc. ("Avid").  The Website is designed to assist visitors in gathering information about adventure travel and travel related equipment, products and services, determining the availability of adventure trips, making reservations with tour or trip operators or other travel service providers and purchasing travel related products and services.  The Content on the Website and the services available to you on the Website are provided subject to these Terms of Use and Avid’s Privacy Policy. 

Please read these Terms of Use carefully.  By visiting or using the Website, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use.  You should return to this page periodically to review the most current version of these Terms of Use.  We reserve the right, at any time and in our sole discretion, to modify these Terms of Use without prior notice, and your continued access of use of this Website signifies your acceptance of the modified Terms of Use.  If you do not agree to these terms, please do not use the Website.

PRIVACY
Please review the Avid Privacy Policy which also applies to your visit to, and use of, the Website and describes our practices and policies related to the collection, use and storage of information about visitors and users of the Website.

USE OF THE WEBSITE
The Website contains certain information, photographs and other content (“Content”) related to travel and travel related equipment, products and services (including adventure tours offered by tour operators).  Certain Content may be provided by Avid, other Content is provided to Avid by third party business affiliates, including advertisers, tour operators and other vendors of travel related equipment, products and services (collectively, “Third Party Providers”) as well as by other users of the Website.  While we endeavor to provide accurate and up to date Content, we cannot guarantee the accuracy or timeliness of any Content contained on the Website.  In particular, we accept no responsibility for information supplied to us by Third Party Providers or other users.  We recommend you confirm all information contained on or linked from our Website with the appropriate Third Party Provider.

Subject to these Terms of Use, Avid grants you a limited, revocable, non-exclusive and non-transferable license, solely for your personal and non-commercial use, to (1) use the Website and (2) download, electronically copy and print Content displayed on the Website. 

As a condition of your use of the Website, you represent and warrant that (i) you are at least 18 years of age, (ii) you are able to create a binding legal obligation, (iii) you will use the Website in accordance with these Terms of Use, (iv) you will not use the Website to make reservations for anyone other than yourself or another person for whom you are legally authorized to act, (v) if you make a reservation for anyone other than yourself, you will inform any such other person about the terms and conditions that apply to the reservations you have made on their behalf, (vi) all information supplied by you in connection with your use of the Website is true, accurate, current and complete and (vii) if you have an Avid account, you will safeguard your account information and will be responsible for any use of your account by you and anyone other than you.  Avid, in its sole discretion, may deny access to the Website to anyone at any time and for any reason, including violation of these Terms of Use.

OWNERSHIP AND COPYRIGHT
You acknowledge and agree that the Website is owned and operated by Avid and that all software, Content and functionality on the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the property of Avid or the Third Party Providers and is protected by United States and international copyright and other intellectual property laws.  Any software that is made available to download from the Website is the copyrighted work of Avid or the Third Party Providers.  Any reproduction or redistribution of any such software is prohibited and may result in severe civil and criminal penalties.  Without limiting the foregoing, copying or reproduction of any such software to any other server or location for further reproduction or redistribution is prohibited.

TRADEMARKS
The trademarks, service marks, trade dress, designs and logos (collectively, “Trademarks”) on the Website are the registered or unregistered Trademarks of Avid or the Third Party Providers.  Such Trademarks may not be used in connection with any product or service of anyone other than the owner of the applicable Trademark, or in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Avid or the applicable Third Party Provider.  Nothing on the Website or in these Terms of Use may be construed as any license or right to use any Trademarks displayed on the Website without the prior written consent of the owner of such Trademark.  The names “Avid" and "Avid Trips” and “AvidTrips.com” and Avid’s logos may not be used for any purpose without the prior written consent of Avid.  The use of Avid’s Trademarks or name in metatag keywords, page text, metatags, and/or hidden text for purposes of diverting potential customers to another site is expressly prohibited.  Linking to any page of the Website is prohibited without our express prior written permission.  Framing, linking or other association of the Website or the contents of the Website with links, advertisements and/or other information not originating from the Website is expressly prohibited.

AVAILABILITY
Avid makes no commitment that the Website will be available at any time or at all.  In particular, there will be occasions when the Website will not be available as the result of either (i) maintenance, upgrades and emergency repairs, or (ii) failure of telecommunications links and equipment that are beyond the reasonable control of Avid.  You agree that Avid, in its sole discretion, may modify, suspend or discontinue the Website and that Avid shall have no liability to you as a result of any modification, suspension or discontinuance of the Website.  You acknowledge that you are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges).  You are responsible for those fees.  In addition, you must provide and are responsible for all systems and equipment necessary to access the Website.

TRIP BOOKING AND OTHER PURCHASES
The Website includes the ability for you to book trips and to purchase other equipment, products and services (collectively, "Goods and Services") from the Third Party Providers.  You agree to strictly comply with and be bound by all requirements (including without limitation, any payment requirement or eligibility restriction) that may be specified in respect of the purchase or sale of any Goods or Services.  As a result of its limited role as an intermediary in these transactions, you acknowledge that Avid has no control over the quality, availability or risks associated with any of the Goods and Services.

If you use the Website to inquire about trip inventory and/or to facilitate a booking with, or to acquire other Goods and Services from, a Third Party Provider, you understand that the Website facilitates these transactions and that Avid does not itself provide, own or manage any trips, travel services or other Goods and Services. 

The applicable Third Party Provider, and not Avid, is the seller or merchant of record for your booking or purchase.  Any transaction that you make through the Website for Goods and Services is with the applicable Third Party Provider and it is solely their responsibility to provide you with the applicable Goods and Services.  The Third Party Provider provides these Goods and Services in accordance with their own terms and conditions, including payment terms and deposit and cancellation policies.  Accordingly, prior to completing any transaction for Goods and Services, you should ensure that you have reviewed the Third Party Provider terms and conditions.  If for any reason, any Third Party Provider is unable to provide the Goods and Services that you have purchased or you have any other issues with any Goods and Services acquired through the Website, your remedy lies against that Third Party Provider, and not against Avid.  Without limiting the foregoing, Avid has no responsibility or liability as a result of (i) cancellations by you or by the Third Party Provider regardless of the circumstances in which cancellation is made, (ii) defects or deficiencies in any Goods or Services or (iii) losses, additional expenses or other claims due to changes in travel services, sickness, weather, strikes or any other cause.  Any such losses, additional expenses or other claims will be borne by you unless otherwise agreed between you and the applicable Third Party Provider.  In the event that Avid received payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from Avid.

In the case of trips or tours, it is your responsibility to inform Third Party Providers of any physical or mental condition applicable to you or a member of your travelling party which they need to know or which may require special facilities or accommodations.  However, neither Avid nor any Third Party Provider guarantees that your special request or accommodation can or will be fulfilled.  Avid is not responsible for any failure to meet any special request.  We also regret that we cannot accept bookings that are specified to be conditional on the special request or fulfillment.  Subject to the policies of the applicable Third Party Provider, you may cancel or change your trip booking, but you will be charged cancellation or change fees as provided in such policies.  You agree to pay any such cancellation or change fees that you incur.

You acknowledge that Third Party Providers may make changes to their inventory at anytime, including price and itinerary changes.  When you book a trip or purchase any other Goods and Services through the Website, you authorize Avid to charge your credit card with the total price, including taxes, service charges and other applicable fees.  You acknowledge and agree that Avid is not the seller of any trip or other Goods and Services, does not collect taxes for remittance to applicable taxing authorities and is collecting any amount of taxes, service charges and other applicable fees so charged on behalf of the applicable Third Party Provider.

Avid reserves the right to correct any pricing errors on the Website and/or on pending reservations or other transactions made under an incorrect price.  In such event, Avid will offer you the opportunity to keep your pending order, if still available, at the correct price or we will cancel your reservation or other transaction without penalty. 

Additional terms and conditions may apply to your purchase of Goods and Services.  Please read these additional terms and conditions carefully.  You agree to abide by the terms and conditions of any Third Party Provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with Third Party Provider’s rules and restrictions regarding availability, price or services.  You acknowledge that some Third Party Providers may require you to sign a liability waiver prior to participating in the service and/or activity they offer.  You understand that violation of any such Third Party Provider’s terms and conditions may result in cancellation of your reservation(s), in your being denied access to the applicable Goods and Services, in your forfeiting any monies paid for trip reservation(s), or additional charges to your account for any costs incurred as a result of such violation.

TRAVEL DESTINATIONS
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others.  Avid urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and other relevant authorities prior to booking travel to international destinations.  Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be obtained from various sources, including, without limitation, www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.  Prior to booking any trip or tour, you should confirm any passport and visa requirements with the embassy or consulate of the country you are planning to visit.  Avid is not responsible for cancellations due to failure to have the proper paperwork prior to any trip.
BY LISTING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, AVID DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND AVID IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

INSURANCE
Similarly, all travel includes some degree of risk to health, safety and property, especially in the case of adventure trips and treks.  Neither Avid nor any Third Party Provider can guarantee otherwise.  Therefore, you acknowledge and agree that you are solely responsible for determining whether or not to safeguard yourself against such risks and to obtain (at your cost and expense) any insurance that you deem to be necessary or advisable to protect yourself (including without limitation, travel and accident insurance, health insurance, disability insurance, life insurance and property insurance) prior to embarking on any trip booked through the Website.

AVID ACCOUNT
In order to take advantage of certain features on the Website, you may need to register with the Website.  For example, you may be required to register with the Website if you want to set up a profile page, where you can save your favorite trips, receive newsletters or discount offerings or other information from Avid, save your reviews, or publish information about yourself that may be available to other users.  You will be required to register with the Website if you wish to purchase a trip or any other Goods and Services through the Website.  Avid’s use of any personal information that you provide to Avid during the registration process will be subject to Avid's Privacy Policy.

You agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name.  You agree to (i) promptly notify Avid of any unauthorized use of your account or password or any other breach of security, and (ii) ensure that you exit from your account at the end of each session.  Avid may, in its sole discretion, refuse service, terminate accounts, remove or modify any account-related content or access, or cancel bookings.  You agree that Avid shall not be liable to you or any third party for any termination of your access to the Website.

USER CONTENT
From time to time, you or other users of the Website may have the opportunity to post to the Website certain content and information, including feedback, reviews, ratings and testimonials about trips and other Goods and Services (collectively, “User Content”).  You understand and agree that Avid does not control, and is not responsible for, User Content.  You acknowledge and agree that Avid does not pre-screen or approve User Content, but that Avid shall have the right in its sole discretion to refuse, delete or remove any User Content that is posted to the Website.  You agree that you must evaluate, and bear all risks associated with, your use of any User Content.  Under no circumstances will Avid be responsible in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise made available through or in connection with the Website.

COMMENTS AND SUGGESTIONS
We appreciate hearing from users of the Website and welcome your comments and suggestions regarding the Website, the trips and other Goods and Services offered through the Website and Third Party Providers, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

Please be aware that by submitting content to the Website by electronic mail, postings on the Website or otherwise, including any User Content, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you hereby grant Avid a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.

Avid has no obligation to post any Submissions.  Avid reserves the right, in its sole discretion, to determine the Submissions to be published on the Website.  Submissions do not reflect the views of Avid or its employees, officers, directors, members, managers or shareholders.  Avid has no responsibility or liability for any Submissions.  Avid also reserves the right to refuse to post or to remove any Submissions in its sole discretion.

Please note that Avid’s policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested.  We value your feedback but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials.  Any feedback, comments or suggestions that you do send to us will become the property of Avid and will not be subject to any obligation of confidentiality on our part.  Avid shall not be liable for any use or disclosure of any such feedback, comments or suggestions and shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without credit or compensation to you or any other person who submitted the information.  In connection with such use, Avid may (but is not obligated to) provide attribution of your feedback, comments or suggestions (for example, listing your name and hometown on a trip review that you submit).

EXTERNAL LINKS
The Website may contain references or links to the websites of Third Party Providers and other third parties, which are not maintained by Avid.  Avid has no control over such websites or their content.  We try to include links to only those websites that are in good taste and safe for users of the Website, but we are not responsible for the content or accuracy of any websites other than the Website.  The inclusion of a link to a third party’s website in the Website does not imply Avid’s endorsement of that website.  If you decide to use any link on the Website to access a third party’s website, you do so at your own risk and subject to the terms of use and privacy protections, if any, of such website.

PROHIBITED ACTIVITIES
The Content and functionality on the Website is proprietary to Avid or the Third Party Providers.  You may download, electronically copy and print Content displayed on the Website, including your travel itinerary (and related documents) and confirmations of other purchases, for your personal and non-commercial use only.  However, you agree not to otherwise use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website.  Additionally, you agree not to (i) use the Website or any Content for any commercial purpose, (ii) copy, reproduce, alter, modify, create derivative works from, publicly display or publicly perform any Content (except for your own personal, non-commercial use) without the prior written consent of Avid, (iii) make any speculative, false, or fraudulent reservation or other transaction, or any reservation or other transaction in anticipation of demand, (iv) access, monitor or copy any Content of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without the prior written consent of Avid, (v) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website, (vi) take any action that imposes, or may impose, an unreasonable or disproportionately large load on the infrastructure of the Website, (vii) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, (viii) deep link to any portion of the Website or any purpose without the prior written consent of Avid, (ix) "frame", "mirror" or otherwise incorporate any part of the Website into any other website without the prior written consent of Avid, (x) use a robot, spider, other automatic device, or manual process to monitor or copy any pages of the Website or the Content contained thereon or for any other unauthorized purpose without the prior written consent of Avid, or (xi) upload or post any image, information, feedback, comments or any other content to the Website that (a) infringes, violates or misappropriates any patent, copyright, trade secret or other intellectual property right or other right of any third party (including rights of privacy and publicity), (b) contains any viruses, worms, Trojan horses, malware or any other harmful or malicious code, or (c) contains any material that is obscene, unlawful, defamatory, threatening or otherwise objectionable, or that facilitates or promotes any illegal activity.

MONITORING OF CONTENT
You understand that Avid has the right and the ability to access your account, disclose information and/or otherwise provide access to third parties to (i) remind you of your password if you forget it, (ii) maintain the Website and to develop new and useful features and services, (iii) respond, if required by court order, subpoena, complaint or a lawful request from governmental authorities, (iv) enforce these Terms of Use, (v) respond to claims that any Content violates the rights of third-parties, (vi) respond to your request for customer service, or (vii) protect the rights, property, or personal safety of Avid, users of the Website and the general public.

SEARCH RESULTS
Listings of trips and other Goods and Services located on the Website are selected for display in search results based primarily on their Content in relation to search parameters provided by a user of the Website.  Third Party Providers are not obligated to pay to be included in search result listings or to retain a specific ranking.  However, in exchange for additional consideration from the applicable Third Party Provider, Avid may feature or highlight certain trips or other Goods and Services in some search results.

NO LIABILITY FOR CREDIT CARD AND DEBIT CARD TRANSACTIONS
Avid uses reasonable efforts to ensure that credit card and debit card transactions are secure.  However, if unauthorized charges appear on your credit card or debit card statement for any card used on the Website at any time during or after you purchase Goods and Services, conduct your transaction or provide your card details on the Website, subject to applicable law, Avid shall not be liable or responsible for any damage or loss suffered by you arising from or in any way connected with such use unless such damage or loss is the result of Avid’s gross negligence or intentional misconduct.

OFFLINE CONDUCT
It is a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without such user’s prior consent.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
ALL CONTENT AND FUNCTIONALITY PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  AVID EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT OR MATERIALS  INCLUDED ON THE WEBSITE, OR ANY GOODS AND SERVICES OFFERED THROUGH OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, AVID DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM IT ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THIRD PARTY PROVIDERS PROVIDING TRAVEL OR OTHER GOODS AND SERVICES THROUGH THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF AVID.  AVID IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH THIRD PARTY PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, DAMAGES OR EXPENSES RESULTING FROM ANY SUCH GOODS AND SERVICES.  IF YOU HAVE ANY ISSUES WITH ANY GOODS AND SERVICES ACQUIRED THROUGH OR IN CONNECTION WITH THE WEBSITE, YOUR REMEDY LIES AGAINST THE APPLICABLE THIRD PARTY PROVIDER, AND NOT AGAINST AVID.

AVID HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS REASONABLE CONTROL AND AVID HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL AVID OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAW OF CERTAIN STATES MAY NOT ALLOW LIMITATIONS ON WARRANTIES OR DAMAGES AS DESCRIBED ABOVE.  IF SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.  HOWEVER, IF, DESPITE THE LIMITATIONS ABOVE, AVID IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THE LIABILITY OF AVID WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO AVID IN CONNECTION WITH SUCH TRANSACTION(S) ON THE WEBSITE, OR (B) US$100 (OR THE EQUIVALENT IN LOCAL CURRENCY).

AVID MAKES NO REPRESENTATIONS THAT THE CONTENT OF THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS.  VISITORS WHO CHOOSE TO ACCESS THE WEBSITE FROM ANY LOCATION DO SO BY THEIR OWN INITIATIVE AND AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAW.

INDEMNIFICATION
You agree to indemnify and hold harmless Avid and its employees, agents, officers, directors, members, managers, shareholders and Third Party Providers from and against any claims, causes of action, proceedings, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) that result from or relate to (i) your breach of these Terms of Use or any other documents referenced herein, (ii) your violation of any law or the rights of a third party, or (iii) your use of the Website.

COPYRIGHT POLICY
The posting of any content on the Website that infringes or violates the copyright or other right (including intellectual property rights and rights of privacy and publicity) of any person or entity is prohibited.  Avid has adopted the following policy toward copyright infringement with respect to the Website in accordance with the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998)), a summary of which that was prepared by the U.S. Copyright Office is located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf.  The address of Avid’s Designated Agent to Receive Notification of Claimed Infringement (the “Designated Agent”) is listed at the end of this Copyright Policy.  Avid will (i) disable access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any Third Party Provider or user of the Website; and (ii) terminate the account of and access to the Website by any repeat offender.  This policy applies to all aspects of all services provided by Avid through or in connection with the Website.  If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to us at the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right that you believe to be infringed, (ii) identification of the content on the Website that you request be removed, (iii) your name, address, and daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right you believe to be infringed and (vi) the signature of the owner of the right that you believe to be infringed or a person authorized to assert such infringement on behalf of the owner.  Any content on the Website that infringes the copyright or other intellectual property right of any person under United States law will be promptly removed following receipt of such a statement.  Statements of infringement under this section should be submitted to the Designated Agent at the following address:  Avid Trips LLC, 261 West 28th St, 10th Floor, New York, NY 10001.

GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without regard to its conflicts of laws principles.  In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern.  All disputes arising with respect to your use of the Website, these Terms of Use or Avid’s Privacy Policy shall be resolved by negotiation between the parties or, if necessary, shall be submitted to mediation.  Each party shall designate an executive officer or principal empowered to resolve the dispute.  Should the designated representatives be unable to agree on a resolution, a mediation service acceptable to both parties shall select a mediator to mediate the dispute.  Each disputing party shall pay an equal percentage of the mediator’s fees and expenses.  No suit or arbitration proceeding relating to any such dispute shall be commenced until at least 60 days after the mediator’s first meeting with the involved parties.  In the event that a dispute is required to be litigated, you agree that the proper forum for any and all such disputes will be state and federal courts located in New York, New York and you agree to submit to the jurisdiction of such courts.  The prevailing party in any such action will be entitled to recover reasonable expenses, including attorneys' fees.

COPYRIGHT AND TRADEMARK NOTICES
All Contents of the Website are ©2011 AvidTrips, Inc.  All brand, product and service names used on the Website which identify Avid or the Website are proprietary marks of Avid.  All brand, product and service names used on the Website which identify third parties and their products and services are proprietary marks of such third parties.  Except as expressly provided in these Terms of Use, nothing herein shall be deemed to confer on any person any license or right on the part of Avid or any third party with respect to any such image, logo or name.  If you are aware of an infringement of our brand, please let us know by e-mailing us at support@avidtrips.com.

MODIFICATIONS
Avid reserves the right, in its sole discretion, to at any time change, modify, add, or remove all or any portion of these Terms of Use.  Please check this page periodically for changes.  You agree that each time you visit the Website, your visit to and use of the Website will be subject to and bound by the then current version of these Terms of Use.

GENERAL
Your rights and obligations under these Terms of Use are personal to you, and are not assignable, transferable or sublicensable except with Avid's prior written consent.  Avid may assign, transfer or delegate any of its rights and obligations hereunder without consent.  All waivers, consents and modifications must be in a writing signed by both parties, unless otherwise provided herein.  No agency, partnership, joint venture, or employment relationship is created as a result of the Website services or Terms of Use, and neither party has any authority of any kind to bind the other in any respect.  All notices under this Agreement 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 facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.  No failure of Avid to enforce any of its rights under these Terms of Use will act as a waiver of such rights.  If any portion of any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms of Use shall remain in full force and effect.  Headings used in these Terms of Use are for convenience only and have no legal or contractual significance.

Once again, we thank you for your interest in Avid.  We hope that your experience at the Website is enjoyable.

These Terms of Use were last updated on August 16, 2010