THIS AGREEMENT FOR Travel Currency.com (the "Agreement") is made and effective as of the date of acceptance, by and between you, ("Customer") and TravelCurrency.com, Inc.
WHEREAS, Customer desires to utilize the TravelCurrency.com service on the World Wide Web.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. Responsibilities of the Customer
Customer shall be solely responsible for all transactions on TravelCurrency.com web-site or through its site hosted by TravelCurrency.com, and shall at all times be subject to the terms of this Agreement.
1.1 Customer agrees not to use the TravelCurrency.com service in any manner that is illegal or libelous.
1.2 Customer warrants that if TravelCurrency.com is hosted with agency web site, agency will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent, any third party right, or violates any applicable law, rule or regulation. TravelCurrency.com shall have no obligations with respect to the content available on or through any site hosted on the agency's web site, including, but not limited to, any duty to review or monitor any such content. TravelCurrency.com reserves the right to block any site that violates any of the above-stated terms or which, in TravelCurrency.com's sole discretion, TravelCurrency.com deems objectionable or offensive or otherwise violates a law or any of this agreement.
1.3 Customer understands and accepts that TravelCurrency.com owns the rights to its graphic logos, links, promotional text and/or other forms of information used on Customer web site. This may include, but is not limited to, branded messages or logos, scrolling text areas, etc.
2. Responsibilities and Rights of TravelCurrency.com
2.1 TravelCurrency.com shall provide Customer with Travel Currency foreign exchange services. TravelCurrency.com shall perform its services to the best of TravelCurrency.com's ability.
2.2 TravelCurrency.com reserves the right to refuse service to anyone at any time.
3. License Restrictions
The license to use TravelCurrency is limited to a single business entity operating from a single physical address. Any use of TravelCurrency.com to additional sites to provide any Travel Currency foreign exchange service shall be responsible for additional sign up fees; any additional use of TravelCurrency.com services is prohibited.
4. Cancellation
4.1 Customer understands that no refunds will be given in the event that the service is terminated after the first 30 days of service.
4.2 TravelCurrency.com retains the right to terminate service if Customer is in violation of any of the Terms herein.
5. Warranties and Indemnification
5.1 All software and services made available by and through TravelCurrency.com is done so on an "AS IS" basis.
5.2 Customer, at its own expense, will indemnify, defend and hold harmless TravelCurrency, LLC and its employees, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against TravelCurrency.com based on or arising from a claim on any material presented on the Customer Site, trademark, service mark or other Customer brand feature, any product or service produced, distributed, offered or provided by Customer, content that is or contains any material or information that is defamatory, obscene, slanderous, libelous, or that violates any law or regulation, or that otherwise violates any rights of any person or entity.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE SHALL TRAVELCURRENCY, LLC OR ANYONE INVOLVED IN THE ADMINISTRATION OF THE TRAVELCURRENCY.COM SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE TRAVELCURRENCY.COM SERVICE.
LICENSOR SHALL IN NO EVENT BE LIABLE TO LICENSEE, ANY FRANCHISEE, OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE PROGRAM, THE DOCUMENTATION, THIS LICENSE OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THE LICENSE OR THIS LICENSE AGREEMENT, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF OR WHETHER OR NOT LICENSOR IS INFORMED IN ADVANCE OF SUCH DAMAGES.
5.3 You agree to use all TravelCurrency.com services at your own risk. In no event shall TravelCurrency.com be liable for any loss of business, data, email, files, virus infection, delays or performance problems due to power outages, acts of God, communications failures, theft or destruction or property.
6. Term and Termination
6.1 Licensee agrees for a 2-year period from sign-up date and shall be renewed automatically unless written cancellation is received from Licensor or Licensee 30 days prior to the end of this agreement. Licensee agrees to pay TravelCurrency.com once a month, on or before the 10th a twenty- percent (20%) commissions and related charges on transaction profits from any currency, wire, and draft transactions, with a minimum of $32 per month, each additional branch is $15 mininum. Licensee agrees to pay through automatic withdrawal designated commissions. Licensee agrees to pay TravelCurrency.com a one-time signup fee of $1000.00 or $695 for branches.
6.2. Upon any termination of this Agreement, the Licensee must promptly terminate web-site program to Licensee's possession or control. No termination shall entitle Licensee to a refund or other credit of any Licensee Fee paid or owed to Licensor at the time of such termination.
6.3. If Licensee voluntarily or involuntarily becomes subject to any forms of bankruptcy, insolvency, trusteeship or receivership proceedings, or makes a general agreement for the benefit of creditors. Licensee shall immediately notify Licensor, orally and then in writing, if any of the aforementioned events occurs, or, is in Licensee's good faith judgment is likely to occur.
7. PROPRIETARY INFORMATION AND CONFIDENTIALITY
7.1 Licensee shall keep secret and confidential and shall not disclose, provide or otherwise make available to any person the Proprietary Information. Licensee shall use its best efforts and shall employ reasonable security measures to prevent any unauthorized disclosure of the Proprietary Information and shall immediately advise Licensor of any information it has or receives of any actual or potential unauthorized disclosure or access. Licensee shall fully cooperate with and assist Licensor in any actions or proceedings Licensor chooses to pursue to enforce its rights with respect to any unauthorized disclosure or access.
8. Government of this Agreement
You agree that this service is governed by the Laws of the State of Texas. You agree that the City of Dallas, Texas and the County of Dallas in which Travel Currency, LLC is located shall be the location for any legal action relating to this service. TravelCurrency.com can change this agreement at any time upon giving reasonable notice to you in either written or electronic format. You may not amend or change this agreement unless TravelCurrency.com agrees to it in writing. If the aforementioned takes place and the agreement is amended; in case any one or more of the provisions contained in this Agreement is changed; this Agreement shall be construed, the licensee has the right to terminate the agreement upon giving reasonable notice.
END OF USER AGREEMENT