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User Agreement

Last Updated April 16, 2019


The following User Agreement (the "Agreement") governs the use of the TripIt service (the "Service"), including, without limitation, the mobile application (“Mobile App”), for the creation of travel reservations and/or itineraries, the use of travel monitoring and alerts, and any additional services, whether free or provided on a paid subscription basis, as provided or made available to individuals by Concur Technologies, Inc. and its corporate affiliates through its TripIt business ("TripIt" or "us" or "we"). Please read the terms and conditions contained in this Agreement carefully. You can access this Agreement any time at https://m.tripit.com/uhp/userAgreement. Your use of and/or registration with the Service will constitute your ongoing acceptance of this Agreement. If you cannot accept this Agreement, please do not use the Service.

TripIt reserves the right to modify or replace this Agreement at any time and in TripIt’s sole discretion. Concur will indicate at the top of this Agreement the date it was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement). It is your responsibility to regularly check the Service to determine if there have been changes to this Agreement and to review such changes. Your continued use of the Service following the posting or effective date of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Service.

Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to TripIt’s other remedies.

Important Note: If you are a user located in the United States, this Agreement contains an arbitration provision and class action waiver, which affects your rights under this Agreement and with respect to any dispute you may have with TripIt. You may opt out of the binding individual arbitration and class action waiver as provided below.

  1. Registration and Account Creation
    1. Registration Information

      TripIt may at times require that you register and/or set up an account to use all or a portion of the Service. You may be provided, or required to choose, a password, User ID, and/or other registration information, such as credit card information for elective services made available on a paid subscription basis (collectively, the "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must immediately update it by editing your customer profile on the Service. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive.

    2. Maintenance of Registration Information

      If you register and/or set up an account on the Service, you are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the Service by you and anyone you allow to access the Service. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without TripIt’s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

    3. Security; Mobile Use Precautions

      If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Service), you must promptly change the affected Registration Information and notify TripIt via the Contact Us page.

      If you elect to receive messages or other communications from the Service directly to your mobile device, you are solely responsible for keeping the Service updated with your current phone number. TripIt shall not be liable for information sent to a device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from the Service on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, to prevent unauthorized access to your information or account.

  2. Use of the Service
    1. Personal and Lawful Use Only

      Unless otherwise specified, TripIt grants you a limited right to use the Service for your personal, noncommercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

      You will not do, nor attempt to do, any of the following with respect to the Service, except as expressly authorized in writing or otherwise enabled by TripIt:

      1. access the Service in a manner or through an interface not provided or authorized by TripIt, including but not limited to, any automated means (e.g., scripts or bots);
      2. reproduce, duplicate, copy, sell, trade, resell or exploit the Service; and
      3. republish or syndicate the information available on the Service (including but not limited to information made accessible to non-paying users via any portion of the Service provided on a paid subscription basis).
    2. Use by Children

      The Service is not intended for users under the age of 18, and TripIt does not knowingly collect personally identifiable information from or about individuals under the age of 18, and users are expressly prohibited from submitting personally identifiable information about individuals under 18 to us; any such information submitted by users will not knowingly be used, posted, or retained by us.

    3. User Conduct

      You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

    4. Privacy Policy

      We may collect registration, payment, and other information about you through the Service. Our collection and use of this information is described in our Privacy Policy. You agree to our data practices, including the collection, use, transmission and disclosure of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries, regardless of where you use the Service. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

    5. Voice Controls

      TripIt may enable you to interact with the Service through voice-commands, either using the voice-recognition services enabled on your mobile device or laptop or through skills or similar applications that enable third party devices to interact with the Service using natural language processing and related technology provided by a third-party platform (such TripIt functionality referred to as “Voice Controls”). By using Voice Controls, you acknowledge and agree to the following: (a) TripIt will treat communications via Voice Controls as being authorized by you, even if you are not the individual using Voice Controls, (b) your communications might be “public” because you may be overheard interacting with the Service, (c) the device through which you use Voice Controls may record some or all of your interactions with the Service, and (d) third parties from which you license your device operating system or that provide skill or application platforms that enable compatible devices to be controlled by Voice Controls (“Third-Party Providers”) may receive, store, and use your communications in accordance with their device or skill user terms and privacy policies. By enabling Voice Controls on your device, you authorize TripIt to provide information to your applicable device based on the device’s security settings and to Third-Party Providers, and you are responsible for understanding how Third-Party Providers treat information processed through their systems using Voice Controls. TripIt is not responsible for (1) Voice Control functionality provided and controlled by Third-Party Provider devices and applications, or (2) inaccuracies that result from Voice Controls failing to understand your communications. Voice Controls are an emerging technology, and you should not rely solely on them for interacting with the Service.

  3. Intellectual Property
    1. Use of Material

      The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

    2. Ownership and Control

      The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the "look and feel" of this website and Mobile App, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of TripIt or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

    3. Compliance with Laws and Agreement

      You agree to use the Service only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.

    4. Interference

      You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to TripIt’s servers by http requests using a Web browser or through the Mobile App, you may not attempt to gain access to TripIt’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

    5. Linking to Other Sites

      You acknowledge that TripIt has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to or from this Service. Your linking to any other service or site is at your sole risk. By linking this Service to another service or site, you expressly agree to the disclosure of User Content permitted by or required to support such linking. You acknowledge that the Service may include advertisements and that TripIt is not responsible for the content of such advertisements.

    6. Export Compliance

      TripIt and the Services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States. You acknowledge that, pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, TripIt is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through the TripIt website or the Mobile App. This may include (a) automated checks of any Registration Information as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (b) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (c) blocking of access to the Service and TripIt systems in case of a potential match; and (d) contacting a user to confirm his or her identity in case of a potential match.

  4. User Content
    1. User Responsibility

      You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that TripIt may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to TripIt.

    2. Content License

      When you post User Content to the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary to facilitate the transmission, posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant to TripIt and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that TripIt may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

    3. Ownership

      We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement and the terms of Section 4(iv), you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

    4. Feedback

      Notwithstanding Section 4(iii), if you provide TripIt with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of TripIt, (b) TripIt shall be able to use and share such Feedback without your consent, only if TripIt does not use your first and last name, (c) if you give prior consent, TripIt shall be able to use and share such Feedback while including your first and last name, (d) TripIt owes you no obligation or compensation whatsoever regarding the Feedback, and (e) TripIt may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to TripIt.

  5. Fees and Payments for Paid Accounts
    1. Premium Service Subscriptions

      As used in this Section 5, “Premium Service” means any service made available as part of the Service on a paid subscription basis. If you subscribe to any Premium Service, you agree to pay any and all applicable fees (e.g., recurring monthly or annual subscription fees) incurred in connection with your account at the rates in effect when the charges were incurred. TRIPIT WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD AT THE BEGINNING OF THE BILLING PERIOD, AND BILLING WILL RECUR AUTOMATICALLY AT THE INTERVAL YOU CHOSE AT SIGNUP UNTIL YOU CHANGE OR TERMINATE YOUR ACCOUNT. Any change in the chosen payment method will go into effect for the next billing period. If you change your account to a type that does not require a paid subscription, you will retain access to the features for which you have already paid until the end of the current billing period. In contrast, if you terminate your account, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid. You agree to pay any applicable taxes, and reimburse us for any collection costs and interest for any overdue amounts.

    2. Premium Service Free Trial Offers

      If you receive a Premium Service free trial offer for a specific number of days, you will not be charged during the free trial time period if you elect to create an account for such Premium Service. YOU WILL BE AUTOMATICALLY CHARGED IMMEDIATELY FOLLOWING THE END OF YOUR FREE TRIAL PERIOD FOR THE SUBSEQUENT PERIOD, IN ADVANCE, IN ACCORDANCE WITH THE “PREMIUM SERVICE SUBSCRIPTIONS” TERMS STATED ABOVE IN SECTION 5(I). YOU WILL CONTINUE TO BE AUTOMATICALLY CHARGED AT THE REGULAR INTERVAL APPLICABLE TO THE SERVICE YOU HAVE CHOSEN (E.G., ANNUALLY OR MONTHLY) UNTIL YOU DECIDE TO CANCEL. You are limited to one free trial per Premium Service.

    3. Cancellation; No refunds

      You can cancel your Premium Service at any time during the applicable subscription period, and such cancellation of Premium Service will be effectively immediately, but all fees and charges prior to your cancellation are nonrefundable. To cancel a free trial offer, you must cancel the Service prior to the end of the free trial offer period. Please make a note of when your free trial will expire as you may not receive additional notice prior to the automatic charge if you do not cancel before the free trial period expires. If you cancel a Premium Service after you have already registered under a free trial offer for the Premium Service and attempt to register for an additional free trial of the same Premium Service, TripIt will automatically charge your credit card in accordance with the “Premium Service Subscriptions” terms stated above in Section 5(i). IF YOU DO NOT WISH TO PAY THE APPLICABLE FEES FOR A PREMIUM SERVICE, YOU SHOULD CANCEL YOUR ACCOUNT BEFORE THE FREE TRIAL PERIOD ENDS AND NOT COMPLETE ANY SUBSEQUENT REGISTRATION FOR THAT PREMIUM SERVICE. Cancellations may be made within the settings menu in the online version of the Service and following the prompts. If you do not have access to the browser version of the Service, you may also cancel the Premium Service by contacting support@tripit.com.

    4. Third Party Charges and Mobile Alerts

      You are solely responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to You or deducted from Your prepaid balance by Your mobile provider. You agree that TripIt is not liable in any way for any third-party charges.

  6. Copyright Complaints

    We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Service any materials that violate another party’s intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:

    SAP SE
    Attention: SAP Concur / TripIt - DMCA Complaint
    3408 Hillview Ave
    Palo Alto, CA 94304
    Email: copyrights@sap.com
  7. Indemnification

    You agree to indemnify TripIt and its affiliates, employees, agents, representatives and third-party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

  8. Liability Disclaimer And Limitation Of Liability

    YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TRIPIT, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. TRIPIT, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

    TRIPIT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY ITINERARY OR OTHER INFORMATION CREATED OR PROVIDED THROUGH THE SERVICE OR OBTAINED FROM THIRD PARTY HOTELS, AIRLINES OR OTHER TRAVEL SUPPLIERS. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO THE SERVICE AND TRIPIT SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ITINERARIES.

    THE HOTELS, AIRLINES, AND OTHER TRAVEL SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES TO YOU ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRIPIT OR ITS AFFILIATES. TRIPIT’S DISPLAY THROUGH THE SERVICE OF TRAVEL INFORMATION OF, OR ABILITY TO CONNECT ACCOUNTS WITH, SUCH THIRD PARTIES DOES NOT CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY TRIPIT OF SUCH SUPPLIER OR ANY AFFILIATE OF SUCH SUPPLIER. YOUR INTERACTION WITH SUCH SUPPLIERS IS AT YOUR OWN RISK. TRIPIT AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR THE ACTS OR OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRIPIT AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIPIT, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE SERVICES, INCLUDING ANY RELIANCE ON CONTENT OR INFORMATION IN THE SERVICES. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS SUCH AS THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE CERTAIN DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY BY JURISDICTION.

  9. Service Modification and Availability; Termination or Suspension of Access to the Service

    TripIt has the right to modify the Service at any time without notice, including adding or removing features or functionality. Not all features and functionality will be available in all markets, and the features and functionality of the Mobile App and Voice Controls may be different than the version of the Service on the website. TripIt has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.

  10. Governing Law; Venue

    This Agreement, including any disputes in court or arbitration, will be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions. Subject to the mandatory arbitration provisions below, any judicial proceeding to resolve claims relating to this Agreement will be brought in federal or state courts of King County, Washington, and you consent to venue and personal jurisdiction in the courts located within King County, Washington for this purpose. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

  11. Additional Provisions for United States Users – Arbitration; Class Action Waiver
    1. If you are a user located in the United States, all disputes between you and TripIt will be resolved by BINDING ARBITRATION as described in more detail in this section. You therefore GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Except for intellectual property rights or matters that you may bring in small claims court (as described below), the term “dispute” means any dispute, action, or other controversy between you and TripIt regarding the Services or this Agreement, whether in contract, warranty, tort, or pursuant to statute or regulation, or any other legal or equitable basis and will be given the broadest possible meaning allowable under law.

      Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than they would be in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by courts or judges. Arbitrators can award most if not all of the same damages and relief that a court can award. Any arbitration will take place on an individual basis. Class arbitrations and class actions are not permitted.

    2. You and TripIt agree that any dispute arising out of or relating in any way to the Service or this Agreement shall be determined by binding arbitration instead of in courts of general jurisdiction, except as set forth below. You and TripIt agree that this arbitration agreement extends to the determination of the scope or applicability of this agreement to arbitrate. You and TripIt are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of your use of the Service. You and TripIt each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

    3. In the event of a dispute, you must first send to TripIt, by certified mail, a written Notice of Dispute ("Notice"). The Notice to TripIt should be addressed to: TripIt, Attn: Concur Legal Department, 601 108th Avenue NE, Suite 1000, Bellevue, WA 98004. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. TripIt will send any Notice of Dispute to you to your address or email address on file. You and TripIt will attempt to resolve any dispute through informal negotiation within thirty (30) days of the date of the Notice of Dispute. If no resolution is reached, either party may then commence arbitration pursuant to the rules identified below or file a claim in small claims court.

    4. Any arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association ("AAA") and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.

    5. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any arbitration hearings will take place in the county of your primary residence, unless the parties agree otherwise. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    6. If your claim is for less than $10,000, after TripIt receives proper notice that you have commenced arbitration pursuant to the AAA Rules, TripIt will promptly reimburse you for your payment of the filing fee. TripIt will pay all AAA administration and arbitrator fees. If, however, the arbitrator finds in favor of TripIt as to the substance of your claim or the relief sought, you will reimburse TripIt for your portion of the filing fee. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees will be governed by the AAA Rules. In such case, you agree to reimburse TripIt for all amounts previously provided by TripIt that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules.

    7. Either party must commence an arbitration or small claims court claim within one (1) year from when it could first be filed. Otherwise, it is permanently barred.

    8. The arbitrator may award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s claim. YOU AND TRIPIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TripIt agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

    9. You may opt-out of this agreement to arbitrate within thirty (30) days from the date that this Agreement is effective (the “Opt-Out Deadline”). To opt-out you must mail your written notification to TripIt, Attn: Concur Legal Department / Arbitration Opt Out, 601 108th Avenue NE, Suite 1000, Bellevue, WA 98004. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not agree to the arbitration agreement. Your decision to opt-out will have no adverse effect on your relationship with TripIt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

    10. You may reject any change we make to this section (other than administrative changes, such as changes to an address or corrections) by sending us notice in the manner set forth in the paragraph above. If you do, the most recent version of the arbitration agreement before the agreement will apply to you.

  12. General Provisions

    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

    This Agreement is written in the English language. If any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.