Terms of Use (Travel Lemming LLC)

Travel Lemming LLC Terms Of Use

Revised: February 13, 2026

NOTICE OF ARBITRATION PROVISIONS:

YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BILATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW IN SECTION 20 AND IN THESE TERMS OF USE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

These terms of use (“Terms of Use”) apply to your access to, and use of, the services of Travel Lemming LLC, and its subsidiaries and affiliated companies/brands (collectively, “Company”, “us”, “our” or “we”), including without limitation the applications and website available at https://travellemming.com/ (the “Website”) or engage with us in other related ways (collectively, the “Services”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Company, or its affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.

  1. ACCEPTANCE OF TERMS

Please read these Terms of Use and our Privacy Policy (collectively, the “Terms”) carefully before using the Website or Services. These Terms of Use set forth the terms and conditions that apply to your use of the Services. Your use of the Services and any information provided by you or gathered by Company or third parties during any visit to or use of the Services is governed by the Privacy Policy, which is incorporated herein by reference. By using the Services, you agree that you have read, understand, and fully agree to be legally bound by these Terms.

If you do not agree to these Terms, please do not use the Services, and promptly exit the Services. 

Company may, subject to the below, change these Terms of Use from time to time on a prospective basis, and modify, add, or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or access of the Services following the posting of any changes to these Terms of Use constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. If you do not wish to agree to the updated Terms of Use, you must stop using the Services before the effective date. 

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including, but not limited to, all content, services, digital products, tools, or products, is hereby expressly prohibited.

  1. PERMITTED USE; SECURITY

Our Services are for your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by Company and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise agreed to in writing by Company, you agree that you will not use the Services, or duplicate, download, publish, modify, or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, “deep linking”), without Company’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering. You also agree not to access the Services through any means other than publicly documented interfaces provided by Company, and not to circumvent or attempt to circumvent any access control, rate limiting, robots.txt, or other technical measures we employ to protect these Services. 

We have implemented reasonable and appropriate security measures designed to protect the information provided through and/or maintained on the Services. When using the Services, information will be transmitted over the Internet, a medium that is beyond the control of Company. You are responsible for using appropriate technical safeguards to secure your devices used to access the Services, such as up-to-date software and virus protection. You are responsible for your devices, including computers, laptops, and mobile devices used to access the Services.

It is a condition of your use of the Services that you do not:

  • Interfere with any other user in using and enjoying the Services;
  • Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;
  • Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, without Company’s prior written consent;
  • Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
  • Attempt to gain unauthorized access to other computer systems or networks connected to the Services; 
  • Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of any ratings or reviews of any service or product that may be presented by the Services;
  • Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers;
  • Use the Services for unlawful purposes; or
  • Use the Services to commit an act of deception, fraud, or abuse or violate Company’s or any other company’s terms.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Services or any activity being conducted on the Services. You agree to defend, indemnify, and hold us harmless from and against all third-party claims, damages, and expenses (including without limitation reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms of Use or violation of applicable law, or your use or access of the Services, in each case to the maximum extent permitted by applicable law. 

  1. ORDERS FOR GOODS

By placing a request to purchase (“Order”) items offered for sale on the Services (“Goods”), you represent and warrant that you are legally capable of entering into binding contracts. 

Your Information. To place an Order for Goods, you may be required to provide certain information relevant to your Order, including your name, email address, phone number, credit card number, credit card expiration date, billing address, and shipping information. You represent and warrant that: (i) you have the legal right to use any credit or debt card(s) or other payment method(s) in connection with any Order; and (ii) all information you provide is true, correct, and complete. By submitting such information, you authorize the Company to provide it to third-party payment processors to facilitate the completion of your Order. 

Availability, Errors and Inaccuracies. We regularly update our offerings of Goods on the Services. Goods may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating product information on the Services or in our advertising on other websites. We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, or availability. We reserve the right to change or update information to correct errors, inaccuracies, or omissions at any time without prior notice. 

Payments. All Goods purchased are subject to a one-time payment at the time of purchase. Payment can be made through various methods available on the Services, including Visa, MasterCard, Affinity Card, American Express or online payment platforms (e.g., PayPal). All payment cards are subject to validation and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.

Price Policy. The Company reserves the right to revise prices at any time prior to accepting an Order. Prices may also be revised after an Order is accepted in the event of circumstances affecting delivery beyond the Company’s control, including government action, changes in customs duties, increased shipping charges, or fluctuations in foreign exchange rates. In such event, you will have the right to cancel your Order. 

Order Cancellation. We reserve the right to refuse or cancel your Order at any time for reasons including, but not limited to, Goods unavailability, errors in the description or pricing, or errors in your order. We may also cancel your Order if we suspect fraud or an unauthorized or illegal transaction. Any Goods you purchase may only be returned in accordance with these Terms of Use and our Returns Policy.

  1. RETURN POLICY 

Our Return Policy forms a part of these Terms of Use. Please read our Return Policy to learn more about your right to cancel your Order. 

Your right to cancel an Order applies only to Goods returned in the same condition as received, including all product instructions, documents, and original packaging. Goods that are damaged, worn beyond what is necessary to open the original packaging, or otherwise not in the condition in which they were received will not be refunded. You should therefore take reasonable care of purchased Goods while they are in your possession. 

We will reimburse you no later than 14 days from the day on which we receive the returned Goods. We will use the same means of payment as you used for the Order, and you will not incur any fees for such reimbursement. 

You will not have any right to cancel an Order for the supply of any of the following Goods: 

  • Goods made to your specifications or clearly personalized; 
  • Goods which according to their nature are not suitable to be returned, deteriorate rapidly, or where the date of expiry has passed; 
  • Goods which, after delivery, are inseparably mixed with other items according to their nature;
  • Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; or
  • Digital content not supplied on a tangible medium, if performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.  
  1. SUBSCRIPTIONS

The Services or portions thereof are available only on a paid subscription basis (“Subscription”). You will be billed in advance on a recurring (e.g., daily, weekly, monthly or annually), depending on the Subscription plan you select at the time of purchase. At the end of each billing period, your Subscription will automatically renew under the same terms unless canceled by you or the Company.

Subscription Cancellations. You may cancel your Subscription renewal through your account settings page or by contacting the Company. Upon cancellation, you will not receive a refund for fees already paid for the current Subscription period; however, you will retain access to the Services until the end of that period. 

Billing. You must provide the Company with accurate and complete billing information, including your full name, address, state, zip code, telephone number, and valid payment method. If automatic billing fails for any reason, the Company will issue an electronic invoice requiring you to complete payment manually within the specified deadline. 

Fee Changes. The Company may, in its sole discretion and at any time, modify Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide reasonable prior notice of any Subscription fee changes to allow you an opportunity to terminate your Subscription before such changes take effect. Your continued use of the Services after a fee change constitutes your agreement to pay the modified Subscription fee.  

Refunds. Except when required by law, all Subscription fees are non-refundable. The Company may, in its sole discretion, consider and grant refund requests for Subscriptions on a case-by-case basis. For additional information regarding refunds, please refer to our Return Policy.

  1. PROMOTIONS 

Any contests, sweepstakes, or other promotions (“Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply. 

  1. USER ACCOUNTS, CONDUCT AND SUBMISSIONS

When you create a unique account created for you to access our Services or parts of our Services (an “Account”), you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your account. 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. 

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party social media service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

You are responsible for your use of the Services, and for any consequences thereof.

Prohibited Activities. The content and information available on the Website (including but not limited to images, text, data, sound, photos, graphics, and video), as well as the infrastructure to provide it, are proprietary to Travel Lemming LLC or licensed from third parties. For all content other than your Content, you agree not to copy, modify, distribute, transmit, display, reproduce, publish, license, transfer, sell, or create derivative works from our content.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use, or in violation of applicable law. 

You agree not to, and will not assist, encourage, or enable others to, use the Services to: (i) violate these Terms of Use or any of our or our licensors’ rights or use the Services and/or content to violate the rights of any third party, such as copyright or trademark right, or in any way that harms our business, our service providers, licensors, representatives, or any other user, or breaches any policy or notice on the Services; (ii) copy, modify, adapt, translate, reproduce, distribute, display, or provide access to any portion of the Services and/or content; (iii) create derivative works from, adaptations of, decompile, disassemble, reverse engineer or in any way exploit, in whole or in part, except as expressly authorized by the applicable rights holder, any portion of the Services and/or content; (iv) modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the information in whole or in part, except as expressly authorized by the applicable rights holder; (v) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or in or on any content; (vi) harvest or collect email addresses or other contact information of other users by electronic or other means, or contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication; (vii) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (viii) upload to or distribute through the Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (ix) attempt to gain unauthorized access to any parts of the Services or any user accounts, or any of the Services’ computer systems or networks; (x) use automated queries or scripts (including, without limitation, by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services and/or the content) without Company’s prior express written permission, including violating any robot exclusion headers of the Services or bypassing or circumventing other measures employed to prevent or limit access to the Services by automated means; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity (including Company); (xii) solicit passwords or personally identifying information for commercial or unlawful purposes from anyone; (xiii) intimidate or harass another; (xiv) assist, encourage or enable others to do any of the preceding prohibited activities; (xv) use any content from the Services as training material for a large language model (LLM) or for the purposes of developing, training, or operating artificial intelligence or other machine learning systems, absent express written consent from Company; (xvi) download any content not explicitly made available for download; (xvii) use the Services for any commercial purpose other than those specifically permitted; or (xviii) violate any applicable law.

No Artificial Intelligence. The owner of this Website does not consent to the content on this Website being used or downloaded by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by the owner in writing (including written electronic communication). You are specifically prohibited from crawling this Website and using its content for artificial intelligence writing tools or services. Absent such consent, users of this Website, including any third parties accessing the Website through automated systems, are prohibited from using any of the content on the Website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached these Terms of Use.

Certain portions of the Services may allow users to submit, upload, post, share, or otherwise transmit photos, audio, video and other media, files, data, commentaries, suggestions, comments, feedback, reviews, audio, video or other content (“Content”) in posts, public or private messages to us and/or the public, or other similar transmission.

If you submit, upload, post, share or otherwise transmit any Content, you agree not to use the Services to upload, post, share, or otherwise transmit any Content that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, contains explicit sexual content (including nudity) or harmful, or that could encourage criminal or unethical behavior; (b) violates, infringes, threatens, abuses, harasses or invades the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property or proprietary right of any person or entity; (c) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (f) impersonates any person or entity, including any employee or representative of Company; (g) implies that your Content is in any way sponsored or endorsed by Company, except with our prior written consent; or (h) violates any applicable law or these Terms of Use.

You expressly acknowledge that no Content you submit, upload, post, share or otherwise transmit shall be treated as confidential, that you alone are responsible for your Content (including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable), and once published, your Content cannot always be withdrawn. Furthermore, you represent and warrant that you have the legal right and authorization to provide your Content for use as set forth herein and required by us. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms of Use, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. 

All your Content must comply with these Terms of Use, and we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit, or remove any Content that is submitted, uploaded, posted, shared or otherwise transmitted to the Services. We further retain the right to edit, modify, or delete content we determine to not be in compliance with our Community Guidelines. Company may also limit or revoke the use of the Services if you post objectionable Content. You acknowledge that we do not verify, adopt, ratify, or sanction your Content, and you agree that you must evaluate and bear all risks associated with our use of your Content or our reliance on the accuracy, completeness, or usefulness of your Content. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. By submitting Content, you grant Company a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly display, and otherwise exploit such Content for any purpose, including but not limited to operating, improving, and promoting the Services; licensing or sublicensing Content to third parties; and making Content available for use in connection with artificial intelligence, machine learning, or other data-related products and services. You agree that this license includes the right for Company to make your Content available to other users of the Services, who may also use your Content subject to these Terms of Use. You retain any and all of your rights to any Content you submit, post, or display on or through the Services and you are responsible for protecting those rights. To the extent permitted by law, you waive any moral rights or rights of attribution with respect to your Content. This license continues for as long as your Content is protected by intellectual property rights, unless it is required to end earlier by applicable law or you delete your Content from the Services (subject to reasonable backup, archival, or legal retention). For the avoidance of doubt, and to capture rights granted under our prior terms, this license is also granted on a perpetual basis to the maximum extent permitted by applicable law and includes the right (but not the obligation) for Company and its designees to identify you as the author of any submission by name, email address, or screen name as we deem appropriate. 

Content Backups. Although regular backups of Content are performed, Company does not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. However, you acknowledge that Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Services. 

Your Feedback to Us. You assign all rights, title, and interest in any feedback, innovations, or suggestions sent by you regarding the attributes, performance, or features of the Services (“Feedback”). If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.  

  1. TERMINATION

In its sole and absolute discretion, with or without notice to you, Company may suspend or terminate your use of and access to the Services, terminate your Account (if applicable) and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms of Use; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (vi) failure to use the Services on a regular basis; or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company. 

  1. COPYRIGHTS

Company respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Services, including the URL or other specific location on the Services where the material that you claim is infringing is located; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. You may be held accountable for damages (including costs and attorney’s fees) for misrepresenting that any Content is infringing your copyright. You can contact our copyright agent via email at [email protected] (DMCA Registration Number: DMCA-1045025). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services. 

  1. PROPRIETARY RIGHTS

Company owns all right, title and interest in and to the Services and all materials and content contained in the Services (excluding Content provided by you or other users), including, without limitation, all content, Website design, logos, button icons, images, digital downloads, data compilations, text, and graphics which are protected by copyright, trademark, and other intellectual property laws of both the United States and foreign countries. Any unauthorized use of such materials or content is strictly prohibited. All rights not expressly granted in these Terms of Use are reserved by Company. 

The content we make available on the Services was created, developed, compiled, prepared, revised, selected, and/or arranged by us, using our own methods and judgment, and through the expenditure of substantial time and effort. Our Services and the content we make available are proprietary, and are protected by these Terms of Use, copyright laws, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under United States copyright and other laws and treaties. We provide the Services for your personal, non-commercial use only.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Services solely for personal use. Any other use of materials on the Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written consent of an authorized officer of Company is strictly prohibited. You may not use, and may not authorize any third party to use, our Services or any content we make available on the Services in any manner that (i) is a source of or substitute for the Services or the content; (ii) affects our ability to earn money in connection with the Services or the content; or (iii) competes with the Services we provide. These restrictions apply to any robot, spider, scraper, web crawler, or other automated means, or any similar manual process, or any software used to access the Services. You further agree not to violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services by automated means. 

Company’s service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company. 

  1. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

By using the Services, you represent and warrant that you are at least 18 years of age. The Company does not permit those under the age of 18 to use the Services. If you are under the age of 18, you must not access or use the Services and should promptly exit the Services. We do not knowingly solicit information from, market to, or collect personal information from users under 18. If we learn that we have collected personal information from a user under 18, we will delete that information. For additional information on our practices concerning the privacy of children, please see our Privacy Policy. 

Pursuant to 47 U.S.C. Section 230(d) as amended, Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org. 

  1. DISCLAIMER OF WARRANTIES

While Company uses reasonable efforts to include up-to-date information on the Services, Company makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES ARE SOLELY AT YOUR RISK. 

YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ANY PARTICIPANT ON THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND, AND ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE USED OR RELIED UPON SOLELY AT YOUR OWN RISK.

  1. TRAVEL INFORMATION DISCLAIMER

BY LISTING INFORMATION RELATED TO TRAVEL TO DESTINATIONS AND ACTIVITIES, INCLUDING INTERNATIONAL DESTINATIONS, TRAVEL LEMMING LLC DOES NOT REPRESENT OR WARRANT THAT IT IS SAFE OR WITHOUT RISK TO TRAVEL TO THOSE DESTINATIONS, AND ASSUMES NO LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM YOUR DECISION TO TRAVEL TO ANY DESTINATION OR TO ENGAGE IN ANY ACTIVITY. USE THE SERVICES AT YOUR OWN RISK. TRAVEL LEMMING LLC EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE TO ALWAYS CONFIRM IMPORTANT DETAILS AND SAFETY INFORMATION FOR YOURSELF BEFORE CHOOSING TO ENGAGE IN ANY ACTIVITY OR VISIT ANY DESTINATION.  

  1. EXCLUSION OF DAMAGES

NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.

  1. LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE AND SERVICES OR THESE TERMS OF USE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS OF USE LIMITS LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WHERE SUCH LIMITATION IS PROHIBITED BY LAW. 

  1. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

  1. THIRD PARTY WEBSITES AND FUNCTIONALITIES

THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY COMPANY. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“Third-Party Tools”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, COMPANY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICES OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY COMPANY. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS. REPRESENTATIONS REGARDING THIRD-PARTY PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE THIRD PARTIES’ TERMS AND POLICIES, AND THE COMPANY IS NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY.

Some posts and pages on the Website contain affiliate links. If you click a link and make a purchase from a third party, we may earn a commission. Sponsored content will be clearly identified as such. We make these disclosures to comply with applicable Federal Trade Commission Guidelines. Purchases you make from third parties are solely between you and the applicable third-party and are governed by that third-party’s terms and policies; Company is not responsible for third-party products, services, or transactions. 

  1. INDEMNIFICATION

You agree to indemnify and hold harmless the Company Parties, and at Company’s option defend the Company Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Company Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Use, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Company Parties, Company may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without the written consent of Company.

  1. GENERAL

These Terms of Use and the relationship between you and Company shall be governed by the laws of the United States and the State of Florida without regard to its conflict of law provisions. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in Pinellas County, Florida and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. Licensors of the Company Services are third-party beneficiaries to these Terms of Use. No failure or delay by Company in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms of Use, our Privacy Policy, or other Company Transactions or Relationships (as defined below) must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer limitations period is required by applicable law. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. These Terms of Use are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder without Company’s prior written consent. Company may assign these Terms, in whole or in part, and any of its rights or obligations hereunder without restriction.

Translation Interpretation. These Terms of Use may have been translated if we have made them available to you on the Services. You agree that the original English text shall prevail in the case of a dispute. 

For European Union (EU) Users. If you are a consumer residing in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms of Use shall affect your rights as a consumer to rely on such mandatory provisions of local law. 

United States Federal Government End Use Provisions. If you are a U.S. federal government end user, the Services constitute a “Commercial Item” as that term is defined at 48 C.F.R. § 2.101.

United States Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a 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.

  1. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with COMPANY; (iii) any data or information you may provide to COMPANY or that COMPANY may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “COMPANY Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other COMPANY Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of COMPANY’s parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against COMPANY, and any claim that COMPANY may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy or any COMPANY Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Arbitration Rules & Procedures in effect and applicable to the amount in controversy at that time (the “Applicable Rules”). The most recent version(s) of the JAMS Arbitration Rules & Procedures rules are available at www.jamsadr.comand are hereby incorporated by reference. You hereby consent to the Mass Arbitration Procedures and Guidelines where applicable, and, where applicable, the Mass Arbitration Procedures and Guidelines shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.

To promote efficient handling of arbitration claims, if seventy-five (75) or more substantially similar claims are filed against COMPANY within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, JAMS will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, JAMS will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and COMPANY, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.

You further agree that:

  1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and COMPANY (the “Arbitrator”);
  2. the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Use and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable; 
  3. Arbitration proceedings will be held in Pinellas County, Florida or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and COMPANY submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
  4. the Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
  5. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  6. if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein; 
  7. COMPANY may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after COMPANY has given notice of such modifications and only on a prospective basis for claims arising from COMPANY Transactions and Relationships occurring after the effective date of such notification; and
  8. nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 
  1. RISK OF LOSS

Company shall make all commercially reasonable efforts to maintain the availability of the Services, however Company will not be responsible for any damage or losses related to any system errors or interruptions affecting the Services. You accept that the Services could become unavailable unexpectedly as a result of circumstances beyond Company’s control or routine maintenance. Moreover, the Services may be terminated at any time for any reason without advance notice. All decisions by Company regarding the Services are final. Without limiting the foregoing, you agree that we have the right to modify or discontinue provision of the Services, in whole or in part, at any time, and to remove data or content you provide, either temporarily or permanently, with or without notice, and without liability of any kind to you. We will not be responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. 

  1. GOVERNING LAW 

These Terms, and your access to and use of the Website and Services, as well as any dispute, claim, or controversy arising out of or relating to them, will be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law rules or principles (whether of Florida or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in Pinellas County, Florida, and the parties consent to the personal jurisdiction and venue of those courts.

  1. CONTACT US

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, the Company can be contacted at:

Travel Lemming LLC
7901 4th St. N #14213
St. Petersburg, FL 33702
[email protected] 
720-295-9784

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.