The terms, conditions and guidelines associated with use of the travel intelligence services, travel risk management services, asset risk management services, and/or API’s (collectively, the "Services") provided by WorldAware, Inc. or its subsidiaries or affiliates ("WorldAware") to you through a web site operated by WorldAware or any other site or platform through which the Services are provided, including Worldcue® Companion, Worldcue® Mobile, Worldcue® TRAVELER, Worldcue® PLANNER, Worldcue® EXPAT, Worldcue® Global Control Center services (collectively, the "Site"), use of the Site and use of any content (collectively "Content") available on the Site or through API’s are set forth in this Terms of Service Agreement ("TOS"). Please read this TOS carefully before you use the Services or the Site. By using the Services or the Site you ("you" or "your," as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOS.
Please also note that if WorldAware determines at any time that you have abused or violated any of these terms, conditions and guidelines, WorldAware reserves the right to terminate your access to the Site and Services immediately without notice.
User Name, Password, and Security
You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify WorldAware of any unauthorized use of your user name and password or any other breach of security related to the Site. WorldAware WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and individuals who are employees and affiliates of entities that have entered into a subscription or service agreement with WorldAware . Without limiting the foregoing, the Services and the Site are not available to minors. If you do not qualify, you may neither use the Services nor the Site.
In order to ensure that WorldAware is able to provide high quality services that are responsive to customer needs, WorldAware employees may need to access your accounts and records on a case by case basis to investigate complaints or other allegations or abuse. WorldAware shall not disclose the existence or occurrence of such an investigation unless required by law.
Links to Third-Party Sites
Some of the links on the Site may allow you to leave the Site. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under WorldAware's control, and WorldAware DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. Absent express language to the contrary, WorldAware does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only.
Assumption of Risk
YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT WorldAware DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES.
THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES, CONTENT AND MATERIALS PROVIDED IN THE SITE, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT YOUR OWN RISK. NEITHER WORLDAWARE NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER WORLDAWARE NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE (1) UNINTERRUPTED OR ERROR-FREE, (2) FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) SECURE, OR (4) AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER WORLDAWARE NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES OR SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.
Limitation of Liability
IN NO EVENT WILL WorldAware, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE OR THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS TOS AND WorldAware WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.
As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:
- Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
- Harass others by "mail-bombing" or "news-bombing";
- Threaten, harass, defame, embarrass or distress any other person or group;
- Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;
- Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;
- Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
- Post, send or relay any unsolicited advertising;
- Post or send any chain letters or pyramid schemes;
- Post or send any fraudulent or misleading offers of products, items, loans, or other services;
- Post any misleading, inaccurate or fraudulent information;
- Post any junk emails;
- Post any duplicative or unsolicited messages;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
- Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.
Software. You acknowledge and agree that the Service and any WorldAware software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. WorldAware grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer solely for the purpose of accessing the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WorldAware for use in accessing the Service.
Trademarks. The trademarks appearing on the Site, including those of WorldAware are the property of their respective owners. WorldAware's trademarks may be used only with the express written permission of WorldAware. The design and layout of the Site, and all other Websites owned, operated, licensed, or controlled by WorldAware or its subsidiaries, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by WorldAware. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
Copyright. All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Except as expressly provided in the subscription or service agreement governing your use of the Services, WorldAware's materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without WorldAware's express written permission. All rights not expressly granted herein are reserved by WorldAware.
General. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in this Agreement are reserved to WorldAware No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
WorldAware Information Providers
Some versions of the Site receive weather information feeds from AccuWeather (http://www.accuweather.com) and international entry/exit/health information from IATA (http://www.iata.org).
Worldcue® Communicator™Text Alerts
Message and Data Rates May Apply. Check your text messaging plan with your carrier. For help, text HELP to 464538 or mail email@example.com. To stop receiving text messages at any time, text STOP to 464538. Supported carriers include: AT&T, MetroPCS, Sprint, Boost, Verizon Wireless, T-Mobile, Alltel, Virgin Mobile, U.S. Cellular. Carriers are not liable for delayed or undelivered messages.
Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site or if sufficient network capability is not available at a particular time. Even without a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. Alerts sent over Wireless Public Alerting systems will take precedence over any message sent via Worldcue Communicator.
You agree to indemnify, defend at your expense and hold harmless WorldAware, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, and any and all liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to (i) your use of the Services and/or the Site, (ii) any content you post, email, transmit, or relay either to WorldAware or by use of the Services or the Site, (iii) your violation of the TOS, or (iv) your alleged infringement of any intellectual property or other right of any person or entity.
All notices to a party shall be in writing and shall be made either via email or U.S. mail. Notice shall be deemed given 24 hours after an email that is not returned to the sender is sent, or 3 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to WorldAware at the address set forth below:
185 Admiral Cochrane Drive Suite 300
Annapolis, Maryland 21401
Contact Customer Support
If you have any issues with the WorldAware services or any questions, please contact WorldAware Customer service at:
+1.877.606.4538 (U.S. Toll Free)
+1.443.716.2419 (Outside the U.S.)
Email us: customerservice@WorldAware.com
Changes to Site and Services
WorldAware reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or Content. WorldAware may also impose limits on features or restrict access to parts of the Site.
Both you and WorldAware agree that the statutes and laws of the State of Maryland, without regard to the conflicts of laws principles thereof, will govern all matters relating in any way to this TOS or to your use of the Site. WorldAware makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from outside the State of Maryland do so on their own initiative and are responsible for compliance with local laws.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone.
If any provision(s) of the TOS is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. WorldAware's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if unambiguously made in writing and signed by WorldAware.
WorldAware may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the Assumption of Risk, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws, and General Terms Sections set forth in this TOS shall survive. Users who violate this TOS may additionally incur criminal and/or civil liability. WorldAware may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.