You agree to defend, indemnify and hold the Trips of Discovery Parties harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Online Platform, or your breach or violation of applicable laws or of these Terms of Use. Trips of Discovery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Trips of Discovery’s defense of such claim.
Term and Termination. These Terms of Use apply to all users of the Online Platform at all times, as described previously here, until we supersede and replace them as described here. We may at any time terminate, change, suspend, add to or discontinue any aspect of the Online Platform itself, or your right to use it, including your Account, without notice or liability to you.
These Terms of Use, the Privacy Policy, and the Copyright Policy are the entire and exclusive agreement between us and all visitors and users of the Online Platform. Neither any course of conduct between the parties nor trade practice will modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Online Platform, these Terms of Use, or Privacy Policy or the Copyright Policy must be filed by you within one year after such claim or cause of action arose or be forever barred. Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party. You may not assign your rights or obligations hereunder. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination. The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.
No waiver by Trips of Discovery of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Trips of Discovery to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use, our Privacy Policy, our Copyright Policy, and, if applicable, any agreement entered into between us relating to our services constitute the sole and entire agreement between you and Trips of Discovery regarding the Online Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Platform.
Although we ask that you please check this page periodically for such revision, we will try to post notice that a revision has been made somewhere within the Online Platform. Whether or not we provide, or you see such notice, however, by continuing to access and use the Online Platform after the revisions are made, you will have accepted and agreed to the revised Terms of Use.