Last updated: July 25, 2025

 

Listo Travel Inc

Terms of Service

Also see:

Trip Organizer Terms of Service

Trip Guest Terms of Sservice

SMS Policy

This agreement constitutes a contract between You Listo Travel(“and Listo Travel  Listo Travel(“Us/”We/Our”), each individually a Party and collectively referred to as "Parties. This Agreement may be updated from time to time at the discretion of Listo Travel without notice to you.

The following terms and conditions, together with any documents they expressly incorporate by reference, including the Privacy Policy, SMS Policy, Trip Guests Policy and Trip Organizer’s Policy (collectively, these “Terms of Use” or “Agreement”), govern Your and Your Authorized Users’ registration with, access to and use of:

          the Listo Travel “Website”

          the Listo Travel “App”

          “Listo Services”  

          Website, App, and Listo Services shall be individually and collectively be referred to as “Licensed Products”

All references to “You” “Your”, and “Subscriber” in this Agreement includes You and your Authorized Users unless otherwise specifically stated.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU REGISTER FOR A WEBSITE OR APP PROFILE OR START TO USE THE LICENSED PRODUCTS. BY USING ANY OF THE LICENSED PRODUCTS, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME ON THE WEBSITE, APP OR VIA YOUR PROFILE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE ANY LICENSED PRODUCTS. IT IS YOUR RESPONSIBILITY TO CHECK THE WEBSITE AND APP PERIODICALLY TO OBTAIN THE LATEST VERSION OF THIS AGREEMENT. YOU AGREE THAT UPDATES TO THE WEBSITE AND APP SHALL QUALIFY AS NOTICE TO YOU IN WRITING OF ANY CHANGED TERMS HEREIN.

Definitions

 

“App” means that software program or application accessible through mobile devices and that is made available by Listo Travel to You.

“Authorized User” means any Person using or accessing the Website or App via Your Profile, whether their use of Your password or other authorization keys were approved by You or not.

“Booking Site” any app, website, or digital marketing source maintained or operated by a third party and through which a Trip Organizer reserves or obtains information regarding Features included in any Trip.

“Deposit” means that amount of money requested by a Trip Organizer from a Trip Guest, which will be used to partially pay for Features of a Trip Booking. An initial Deposit must be made in order for a Trip Booking to become finalized. All Deposits shall be administered by Listo Travel via the Website or App.

“Feature” means each distinguishable portion of a Trip or Trip Booking, for which payment or Deposit is agreed to or budgeted for within a Trip Booking. These may include, but are not limited to Trip Services, transportation, accommodations and lodging, trips, activities, and/or any other service or activity identified to a specific Trip Agreement.

“Listo Services” means all functionality, calendars, schedulers, resources, embedding code, tools, editing services, branding services or tools, and other services offered by Us on or through the Website, App, or Your Profile Page. 

“Listo Travel” means Listo Travel, Inc., a Delaware corporation.

“Materials” means any and all content provided to You by Us on the Website(s), App, or via your Profile Page, including any photos, sketches, graphics, artwork, gifs, videos, thumbnails, text, titles, bios or statements, name/image/voice/likenesses of video and photo subjects, descriptions, fonts, transcriptions, translations, or animations.

“Person” means any individual, partnership, entity, trust, agency, governmental division, organization or any other user.

“Platform Fee[RH1] 

“Profile” means that account created by a Person through which access to the Listo Services, or functions of App or the Website is granted.

“Profile Page[CK2] [RH3] ” means that personalized page or pages within the Listo Travel App or Website in which You access through Your Profile and Your password. This contains both a) private information regarding your relationship with Listo Travel, including but not limited to credit card numbers You authorize us to use, personal identification information and data, payment histories and disputes, account balances, preferences, opt-ins and opt-outs for receiving notifications, and similar information and b) public information such as your account name, your Listo Travel rating, information about Trips you are organizing as a Trip Organizer, and Trip Guests that have registered for your Trips.

“Trip” means the totality of all Features offered by a Trip Organizer to Trip Guests via the Listo Travel App or Website.

“Trip Agreement” means the contractual relationship that governs any lodging, transportation, Trip Services, trip or activity arrangement or agreement between You, Trip Organizers and/or Trip Guests, whether made in advance or as an “impromptu” plan. Trip Agreements may be subject to local, state, regional and international laws.

“Trip Booking” means those fees, Trip Services, transportation, lodging, trips, and/or activities offered by a Trip Organizer and agreed to by a Trip Guest upon the Trip Guest’s payment of an initial deposit via the Website or App.  A Trip Booking is subject to the terms of the Trip Agreement.

“Trip Guest” means any Person utilizing the Listo Travel App or the Listo Travel Website to join lodging, trips or activities offered or organized by a Trip Organizer.

“Trip Services” means services to be provided or arranged by the Trip Organizer as part of a Trip Booking, including cooking, cleaning, health and wellness sessions, trip planning, and logistical management of the Trip Booking[CK4] [RH5] .

“Trip Organizer” means any Person utilizing the App or the Website to advertise or facilitate lodging, transportation, Trip Services, trips and/or activities.

“User” means any person accessing or using the Licensed Products.

“Website” means that website currently located at www.listo.travel, and any other mirror sites, or sites redirecting to www.listo.travel.

“You” means the Person using, accessing or directing others to use or access the Listo App, Listo Website, Your Profile, Your Profile Page, or any of the functions contained therein.

Overview of Services

 

These Terms of Service incorporate by reference the following additional agreements:

Terms of Service for Trip Organizers
Terms of Service for Trip Guests

You acknowledge and agree that:

1)    the Licensed Products are offered to You solely for the facilitation and ease of booking trips;

2)     the Listo TravelLicensed Products serve solely as platforms to connect Trip Organizers, Trip Guests, and to provide a forum for You to engage in travel-related transactions;

3)    . Listo Travelthat by utilizing the Listo TravelLicensed Products, Listo Travel is not and shall not be considered a party to any Trip Agreement;

4)    that Listo Travel does not enforce any Trip Agreement  between You, Trip Organizers and/or Trip Guests, and it will not be required to manage disputes arising from such Trip Agreements;  . It is Your responsibility to thoroughly review any Trip Agreement that you enter and assure that you understand the duties and liabilities undertaken in that Trip Agreement.

5)    that once You have finalized a Trip Booking, a spot in the lodging, trip, schedule, or activities is exclusively reserved for You.

6)     that Listo Travel assumes no responsibility or liability for the actual performance of obligations or duties that are set forth in any Trip Agreement or for damages (including personal injury, disability, death, property damage or emotional damages) resulting from any events, circumstances or breaches (including cancellations) that are related to or arise from the lodging, activities, or trips referenced in any Trip Agreement or the Trip Agreements, themselves; and

7)    that, unless specifically agreed to by Listo Travel herein, Listo Travel  disclaims and You hereby waive and release Listo Travel from any liability and agree not to bring any claims against Listo Travel (including for potential special or consequential damages specifically disclosed by You), arising from or related to: a) cancellation of Features, b) conditions of accommodations or lodging (including lodging that is uninhabitable), c) events or conditions that occur (including unforeseeable weather, government action, carrier disruptions, or other force majeure events), or d) actions and omissions of Trip Guests and Trip Organizers (including those that are grossly negligent or intentional).

 

Deposits[CK6] [RH7] 

 

The Trip Organizer shall set the amount of the initial Deposit required from Trip Guests for its Trip Booking based upon the anticipated costs of both pre-paid and reserved accommodations and lodging, transportation, Trip Services, trips or activities it is organizing. At no time shall the Deposit required from a Trip Guest exceed that portion of all costs that can reasonably be allocated to that Trip Guest.

Return of deposits are subject to the Cancellation Policies set forth herein.

Cancellation Policy

 

Sometimes, certain circumstances can lead to the cancellation of a trip by either, Listo Travel, a Trip Organizer or a Trip Guest (“Cancellation[CK8] [RH9] ”).

 

“Cancellations” may include:

 

1)    Any cancellation request received by Listo Travel at least 30 days prior to the first date on which lodging, Trip Services (excluding logistics for management of the Trip Booking), transportation, activities, or trips are to be provided under Your Trip Booking.

2)    Cancellation by Listo Travel due to a Trip Organizer’s failure to provide documentation, as requested by Listo Travel.

3)    A Trip Organizer’s Cancellation or failure to deliver any Feature of a Trip Booking, as selected by a Trip Guest, whether in whole or in part.

4)    A Trip Guest’s Cancellation of any Feature of a Trip Booking, whether in whole or in part.

 

The following shall not be considered a “Cancellation” and are not eligible for refunds:

 

1)    Any cancellation request made 30 days’ or less prior to the first date on which lodging, Trip Services (excluding logistical management for the Trip Booking), transportation, activities or trips are to be provided under Your Trip Booking.  Refunds under the Cancellation Policy shall not apply in this case.

 

By making or accepting a Trip Booking, Listo TravelYou and Listo Travel agree to be bound by this cancellation policy. A Trip Agreement may not vary the terms of this cancellation policy and any attempt to do so shall be considered void. Listo Travel

Listo Travel.

Cancellation Policy

FULL REFUNDS

The Trip Guest shall be provided a full refund from the Trip Organizer, and to be  administered by Listo Travel, only if notice of Cancellation is made by either the Trip Organizer or Trip Guest at least 30 days prior to the first date on which lodging, Trip Services (excluding logistical management of the Trip Booking), activities or trips are to be provided under Your Trip Booking. A Cancellation by the Trip Guest may be made for part or all of the Trip Booking, only as allowable by the Trip Organizer, and under the terms of the Trip Agreement.

Listo Travel may unilaterally cancel any Trip Booking or Trip Agreement[CK10] [RH11] , and a full refund shall be due Trip Guest from Trip Organizer, if the Trip Organizer has not provided sufficient documentation, as requested by Listo Travel, of all Trip Services, lodging, transportation, activities, or trips that have been offered by Trip Organizer to potential Trip Guests via the Website or App for a Trip Booking.

Partial Refunds

Cancellation of Features or Partial Features

 

Unpaid Features  In the event that the Trip Organizer a) requires the Trip Guest to pay a Deposit for a Feature and b) the Trip Organizer is not required to make advance payment for such Feature or portion of a Feature to a party providing the Feature, and c) the Trip Organizer or Trip Guest cancels participation in or fails to deliver, whether by their fault or not, any Feature or portion of a Feature, the Trip Guest shall be entitled to a refund in the following amount:

Equal to that portion of the Deposit reasonably representing the associated cost of the cancelled Feature, service or activity, to be administered by Listo Travel[CK12] [RH13] .

For example, if the Trip Booking and Deposit include payment for a trip to a National Park for which the Trip Organizer is not required to pay in advance, and the Trip Organizer cancels that activity due to weather conditions, the Trip Guest shall be entitled to a refund for that portion of the Deposit paid to cover that expected activity.

Pre-paid Features In the event the Trip Organizer a) requires the Trip Guest to pay a Deposit for a Feature and b) the Trip Organizer is required to make advance payment or deposit for such Feature or portion of a Feature to a party providing the Feature (“Third Party Provider”), and c) the Trip Organizer or Trip Guest cancels participation in or fails to deliver, whether by their fault or not, any Feature or portion of a Feature, the Trip Guest shall be entitled to a refund as follows:

 

a)    In the event of a cancellation by a Trip Guest, under conditions that the payment of a refund would create a financial cost or hardship to the Trip Organizer or other Trip Guests, no refund shall be due. By way of example only, if a Trip Organizer pre-pays for a group of 10 Trip Guests and receives a group discount, and the cancellation of one ticket will forfeit the group discount for the remaining attendees, no refund shall be due to the Trip Guest.

b)    In all other instances, the refund shall be equal to: That percentage of the portion of the Deposit that reasonably represents the associated cost of the cancelled Feature that is further equal to the percentage of the refund received by the Trip Organizer pursuant to the cancellation policy of the Third Party Provider. By way of example only, the following scenario would hold true: Trip Organizer pre-pays for theater tickets at a cost of $100 per person and receives a Deposit in that amount from Trip Guest. The Trip Organizer then fails to deliver the theater experience because of difficulties with transportation. The theater’s cancellation policy allows a refund of $25 per person (25% of the ticket cost). The Trip Guest shall be entitled to a refund of 25% of that portion of the Deposit attributable to the tickets ($100), for a refund total of $25.00.

Refunds subject to this Pre-Paid Features policy may be delayed, depending on the payment terms of the cancellation policy between the Trip Organizer and the activity.

 

This Policy only allows for cancellations for the events described above[CK14] [RH15] .

Refund of Platform Fee

In the event that a Trip Guest is due a refund under this Policy[CK16] [RH17] , the portion of the platform fee paid by the Trip Guest that will be refunded shall hold the same percentage relationship to the full platform fee paid by the Trip Guest as the amount of the Deposit refunds to which Trip Guest is due holds to the full Deposit paid by the Trip Guest. For example, if 80% of the Deposit is to be refunded to the Trip Guest, 80% of the platform fee will also be refunded.

Cancellations by Organizer

When unforeseeable circumstances beyond the control of the Trip Organizer[CK18] [RH19]  arise after receipt of a Deposit and finalization of a Trip Booking, which circumstances make it impossible or impracticable to fulfill all or part of a Trip Booking, including but not limited to:

        Changes to the government's travel policies

        Unexpected modifications to visa or passport restrictions imposed by the government prevent travel to the destination. This excludes missing or expired travel documents and any other personal situations affecting a Trip Guest’s ability to travel.

        Military operations and other forms of conflict

        Acts of war, conflicts, invasions, civil war, terrorism, explosions, bombs, rebellions, riots, insurgency, civic disorder, and civil unrest are all examples of civil unrest.

        Natural calamities

        Natural catastrophes, acts of God, widespread outages of critical utilities, volcano eruptions, tsunamis, and other severe and unusual weather phenomena are all examples of natural disasters. This excludes meteorological and natural phenomena prevalent enough in that location to be expected, such as hurricanes during hurricane season in Florida.

        Emergencies and epidemics have been declared

        Severe Illness of the Trip Organizer or Trip[RH20]  Guest (A "severe illness" is defined as a health condition of significant gravity and incapacitation, encompassing situations where an individual is rendered unable to travel due to factors such as major surgical procedures, substantial physical incapacitation, serious neurological impairment, or any health circumstance that unequivocally hinders the Trip Organizer's ability to fulfill their duties and responsibilities related to the trip).

         Government proclamation of local or national emergencies, epidemics, pandemics, and public health emergencies. This excludes diseases native to a region or are commonly associated with it, such as malaria in Thailand or dengue fever in Hawaii.

        Travel restrictions are imposed by the government

        A governmental entity has implemented travel restrictions that make it difficult or impossible to travel to, remain at, or return from the location of a Trip Booking. Non-binding travel advisories and other government guidance are not included.

        Extended road, train or airport closures

 then, the following options shall be available, notwithstanding other provisions in this Agreement:

1 The Trip Guest may cancel the full trip, only, and receive a refund or a trip credit to be applied to a future Trip Booking; or

2. The Trip Organizer shall offer Trip Guest a reasonable alternative to each of the impracticable or impossible Features of the Trip Booking and shall transfer Trip Guest’s Trip Booking to apply to those substitutes, if agreeable to Trip Guest; or

3. The Trip Organizer shall postpone the Trip Booking to a later date and transfer Trip Guest’s Trip Booking to apply to those dates, if agreeable to Trip Guest[CK21] [CK22] [RH23] ;

This Section shall not apply to circumstances that merely create an inconvenience, such as delays in travel or short-term weather events. In all instances in which the Trip Organizer cancels a full Trip Booking under this paragraph, the Trip Organizer shall lose 0.5 points from their star rating[CK24] [RH25] .

Correspondence and communication

We recommend that Trip Guests carefully read the fine print and important information in your trip description and have well-documented communication with your Trip Organizer, as these may impact the terms of the Trip Agreement that you agree to.

Please follow these steps

For the Trip Guest: If you decide to cancel your trip reservation, due to unforseen circumstances, please promptly communicate with the Listo Travel support team or utilize the cancellation option on the App or Website and follow the instructions therein. The refund policies contained herein will apply, as administered by Listo Travel..

For the Trip Organizer: All cancellations and refunds will be administered by Listo Travel, through the Listo Travel App or Website, in its sole discretion and in accordance with the cancellation policies herein. At no time, should a Trip Organizer make direct refund to a Trip Guest, and Trip Organizers who do so waive and release any claims against Listo Travel for additional refunds made by Listo Travel.  The Trip Organizer must confirm, in writing to Listo Travel the percentage or amount of any refund due to Trip Guests. All documentation requested by Listo Travel shall be provided promptly. In the event that supporting documentation is not provided, Listo Travel may elect to make full refund to the Trip Guest. Listo TravelListo TravelListo Travel

For all Users: It is your responsibility to check your communications from Listo Travel regularly. If a cancellation of all or a portion of Your Trip Booking is made, Listo Travel will notify you through a text, a call, or the App or the Website. You are responsible for following all procedures and instructions sent to you by Listo Travel to ensure the timely and proper administration of cancellations and refunds[CK26] [RH27] .

Listo TravelListo TravelListo TravelEmail us at [email protected] with any issues relating to your Trip Booking

Extenuating Circumstances Policy

The Extenuating Circumstances Policy addresses cancellations when unanticipated events beyond your control occur after making your booking and render it impractical or illegal to complete it. This Policy applies to Accommodations, Transportation and Activities reservations.

When this Policy permits cancellation, it takes precedence over the reservation's cancellation policy. Depending on the circumstances, Trip Guests impacted by an event covered by this Policy can cancel their reservation and get a cash refund, or travel credit. Trip Organizers affected by an occurrence covered by this Policy may cancel without penalty if the circumstances warrant it.

Listo TravelListo TravelListo TravelListo TravelListo TravelListo TravelListo Travel

Copyright Policy/DMCA Takedown Notices

Listo Travel respects the intellectual property rights of others and expects its users to do the same.

Individuals that are identifiable within Your Materials may have certain rights to privacy and publicity. It is Your responsibility to obtain permission from each such identifiable person to post their image or other identifying characteristics to Your Profile or Profile Page, or as part of Your Materials. By posting Materials with identifiable individuals, You agree and represent to Listo Travel that all such permission has been obtained from the identifiable individuals.

Owners of trademarks that are featured within Your Materials may have certain rights to decide how they wish their brand to be represented. It is Your responsibility to either avoid representing third parties’ trademarks in an offensive or undesirable manner (as defined by the owner), or to obtain permission to use the trademark within Your Materials. You agree and represent to Listo Travel that all such permission has been obtained from featured trademark owners.

The Licensed Products may contain links to third-party websites that are not owned or controlled by Us. It is Listo Travel’s policy that no Profile, Materials, or Profile Page may include “Deep Links” that lead to any third party location other than a home page. Listo Travel assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Listo Travel does not censor or edit the content of any third-party websites. By using the Licensed Products, You expressly release Listo Travel from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You leave the Licensed Products, and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit.

You do not have the right to use any trademark belonging to Listo Travel for any purpose without our express written permission.

By accessing and using the Licensed Products, You grant to Us the worldwide, pre-paid, nonrevocable, nonexclusive license to copy, make derivatives works of, perform, display, and distribute Your Materials that are posted or used in Your Profile or on Your Profile Page for the purpose of operating the App and Website, resolving disputes, and administering details of Your Trips and Trip Bookings. We will not use Your Materials for marketing purposes or purposes unrelated to the operation of Listo Travel without your express written permission. You also grant to Us the worldwide, pre-paid, nonrevocable, nonexclusive license to copy, make derivative works of, perform, display and distribute the content of any reviews You give or receive within our marketing materials in any form now known or discovered in the future.

It is Listo Travel’s policy, in appropriate circumstances and in its sole discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. You specifically agree and represent that You:

      will not copy, alter, or repost, or provide links to photos or text from Booking Sites on the Listo Travel App or Website, or in any other communications regarding a Trip or Trip Booking.  This is a violation of most Booking Sites’ Terms and Conditions. Doing so may cause you to be banned from their site and will place your good standing with Listo Travel in jeopardy[CK28] [RH29] .

      Trip Organizers should contact property owners/hosts directly to request permission to copy and repost property photos or descriptions. Alternatively, you can write up your own description, or use your own photos.

      Photos that appear on the Internet or in print are subject to copyright protection and your unauthorized use, copying, or editing of the same may open you to copyright infringement claims. You agree and represent that you will not use, copy or edit any images or text belonging to third parties without permission.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/title17/92appb.html,Listo Travel will respond promptly to reported claims of copyright infringement committed using the Listo Travel’s Website or AppListo Travel

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on the App or Website by providing the following  DMCA Notice of Alleged Infringement and delivering it to Listo Travel’s Designated Copyright Agent. Upon receipt of the Notice as described below, Listo Travel will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.

Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, including that the use is not permissible under fair use doctrine."I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Listo Travel’s Designated Copyright Agent:

Listo Travel Copyright Agent
c/o Listo Travel
artbiz.life Legal Counsel
3055 30th Street, Unit 2
Boulder, CO 80301
[email protected]

ARBITRATION OF DISPUTES

I understand that if I dispute any of the fees, costs, refunds, or expenses charged by Listo Travel under this Agreement, or any such dispute, controversy or claim arising out of or related to this Agreement, or Listo Services cannot be amicably resolved within a reasonable time, then any such controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof[CK30] [RH31] . Upon request, I shall sign the respective association’s fee arbitration agreement. Listo Travel and I shall both share in the costs of the arbitrator and shall remain responsible for our own additional costs, including filing fees and attorneys’ fees, unless the arbitrator makes a ruling for attorneys’ fees under this paragraph. The Parties agree that the arbitrator may enter such equitable remedies and orders as it deems just and prudent. The Parties further agree that the substantially prevailing party may recover its reasonable costs and attorneys fees from the substantially losing party.   I understand that Listo Travel reserves its rights to (i) report my outstanding balance to a collection agency for satisfaction, and/or (ii) bring an action in any court for recovery of judgment or other allowable action, and/or (iii) reserves any/other remedies (including but not limited to assert a charging lien as provided for by law[CK32] [RH33] ).

Information About You and Your Access and Use of the Licensed Products

 

In order to safely provide Services, Listo Travel must know who is utilizing its Licensed Products as Trip Organizers and Trip Guests. Upon creating a profile, posting a Trip description, or finalizing a Trip Booking, you will be asked to provide Listo Travel with your current, government issued, legal identification[CK34] [RH35] . You agree and represent that at all times utilizing the Licensed Products, and at all times during your Trip Booking, you will use and identify yoursef by your legal name, as listed on your provided identification.

 

All information we collect on Your visits to the Website or App and use of Listo Services, including cookies, , are subject to Our Privacy Policies, as listed on our website. By using Licensed Products, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policies.

Accessing the Licensed Products & Account Security[36] [RH37] 

 

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to provide Licensed Products on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Licensed Products on a continuous or uninterrupted basis, and that we assume no liability to You or any other party with regard thereto.

We reserve the right to withdraw, fail to update, modify, or change the platforms for the Licensed Products in our sole discretion without notice. We will not be liable if for any reason all or any part of your Profile Page, Materials, Trip offerings, Trip Bookings, or Features or are no longer compatible with Licensed Products hereunder. Listo Travel uses reasonable efforts to quickly resolve technical interruptions to services, but continuous, uninterrupted service is not guaranteed to You hereunder. From time to time, we may restrict access to all or part of the Licensed Product, or to some or all users, including users with Profiles or Profile Pages and Authorized Users. You are responsible for the actions and omissions of Authorized Users who have access to your Profile or Profile Page,s, and You are responsible for ensuring that all persons whom you authorize to access the Licensed Products  through your Profile are aware of these Terms of Use and comply with them.

Listo Travel uses reasonable efforts to maintain and store your content and activities related to your Profile, however, this is not guaranteed. Listo Travel is under no duty to archive, maintain records of or otherwise protect your content, including Materials or Trip descriptions. You specifically waive rights to and release Listo Travel from any claims or liability arising in relation to or resulting from Our failure to maintain, store, or archive any of your Materials, Trip information and data, ratings, Profile information and data, settings, or other contributions to Your Profile Page.

To access Listo Services, you may be asked to provide certain registration details or other information. It is a condition of your access to and use of the Licensed Products that all the information you provide related to such access and use is correct, updated, current, and complete. You agree that all information you or your Authorized Users provide to register with the App or Website, or to set up Your Profile or Profile Page, or otherwise, including but not limited to through the use of any interactive features on the App or Website, is governed by our Privacy Policy [www.xxx.com], which is incorporated herein by reference, and You consent to all actions we take with respect to the information you and your authorized users have provided consistent with our Privacy Policy. If Listo Travel has reason to believe that Your Account information is untrue, inaccurate, out-of-date or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate Your Account. 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We will not be held responsible for any losses, damages, or claims related to or arising because of your disclosure of this confidential information. You also acknowledge that your account is personal to You and your Authorized Users only and You agree not to provide any other person with access to the Licensed Products or portions of it in any way, other than to act solely on Your behalf.. You agree to notify us immediately of any unauthorized access to or use of your account, user name or password or any other breach of security. Listo Travel will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss Listo Travel or others incur via use of Your Profile or Profile Page, whether caused by You, or by an Authorized User.

You also agree to ensure that you exit from your account at the end of each session.  If you are using a public or shared computer, your account log-in information may be stored in the browser history and it is Your responsibility to remove it. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

The Licensed Products are available only to You and those Authorized Users who can form legally binding contracts under applicable law.  By using the App or Website, You represent and warrant that You and each of Your Authorized Users are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If You are entering into this Agreement on behalf of a corporate or other entity, such as an LLC, a Partnership, or a nonprofit, You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "You", "Your", "User" or "customer" shall refer to such corporate entity.  If, after You utilize any Licensed Product, Listo Travel finds that You do not have the legal authority to bind such corporate entity, You agree that will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Listo Travel shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document or communication reasonably believed by Us to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, We reserve the right (but undertake no duty) to require additional authentication from You.  You further agree to be bound by the terms of this Agreement for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Licensed Products via Your Profile.

Transfer of Data Abroad.  If You are visiting this Site from a country other than the country in which our servers are located, Your communications with Us may result in the transfer of information (including Your Account information) across international boundaries.  By using the Licensed Producs and communicating electronically with Us, You consent to such transfers.

 

In exchange for Us granting You access and use of the Licensed Products, You further agree that You will not use the Licensed Products in a manner (as determined by Listo Travel in its sole and absolute discretion) that:

 

§  Is illegal, or promotes or encourages illegal activity;

§  Promotes, encourages or engages in child pornography or the exploitation of children;

§  Promotes, encourages or engages in terrorism, violence against people, animals, or property;

§  Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

§  Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication or controlled substances without a valid prescription; 

§  Infringes on the intellectual property rights of another User or any other person or entity;

§  Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that You owe to another User or any other person or entity;

§  Interferes with the operation of the App or Website or the Listo Services;

§  Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

§  Contains false or deceptive language, defamatory statements or unsubstantiated or comparative claims, regarding Listo Travel or Listo Services.

You further agree that:

§  You will not copy or distribute in any medium any part of the App, Website or Listo Services, except where expressly authorized by Listo Travel.

§  You will not modify or alter any part of the Licensed Products or any of its related technologies.

§  You will not access Listo Services, the App or the Website, Profiles, or Profile Pages through any technology or means other than through the Licensed Products themselves, or as Listo Travel may designate.

§  You agree to back-up all of the Material added to Your Profile and Profile Page so that You can access and use it when needed. While Our engineers do implement an internal backup system, Listo Travel does not warrant that it backs-up any Materials, Profile or Profile Page and You are ultimately responsible for Your Profile, Materials and Profile Page. You agree to accept as a risk the loss of any and all of Your Materials, Profile or Profile Page. 

§  You will not re-sell or provide the Licensed Products for a commercial purpose, including any of Listo Travel’s related technologies, without Our express prior written consent.

§  You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

§  You are aware that We may from time-to-time call You about Your Profile, Profile Page, Materials, Trips, Trip Agreements, Trip Bookings, Deposits, or Features, and that, for the purposes of any and all such call(s), You do not have any reasonable expectation of privacy during those calls; indeed You hereby consent to allow Listo Travel, in its sole discretion, to record the entirety of such calls regardless of whether We ask You on any particular call for consent to record such call.  You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Listo Travel is a party.

 

§  Listo Travel generally does not pre-screen Materials posted by Users. However, Listo Travel reserves the right (but undertakes no duty) to do so and decide whether any portion of Materials posted by a User is appropriate and/or complies with this Agreement.  Listo Travel may remove any Materials and/or terminate a User’s access to the Licensed Products for violating this Agreement (as determined by Us in Our sole and absolute discretion), at any time and without prior notice. We may also terminate a User’s access to this Site or the Services found at this Site if We have reason to believe the User is a repeat offender.  If Listo Travel terminates Your access to Licensed Products, Listo Travel may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers.

§  Listo Travel expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Profile or Profile Page for any reason (as determined by Us in Our sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Listo Travel in offering or delivering Licensed Products, (ii) to protect the integrity and stability of Listo Services, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against You and/or Your Authorized Users and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Listo Travel, its officers, directors, employees and agents, as well as Listo Travel’s affiliates, including, but not limited to, instances where You have sued or threatened to sue Listo Travel.

§  Listo Travel expressly reserves the right to review every Profile and Profile Page for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

§  Listo Travel expressly reserves the right to terminate, without notice to You, any and all Licensed Products where, in Listo Travel’s sole discretion, You are harassing or threatening Listo Travel and/or any of Listo Travel’s employees.

 

NO SPAM; LIQUIDATED DAMAGES

 

§  No Spam.  We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our Licensed Products and Listo Services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

 

§  We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), Unsolicited Texts or SMS Messages, or Unsolicited Facsimiles (Fax), which includes communications sent to recipients a) as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications or b) to harass them.

 

§  We will not allow Our servers and services to be used for the purposes described above. In order to use Our Licensed Products, You must not only abide by all applicable laws and regulations, but You must also abide by this no spam policy. Commercial advertising may only be sent to recipients who have "opted-in" to receive messages[CK38] [RH39] .

 

§  If we determine the Licensed Products are being used in association with spam, we will re-direct, suspend, or cancel Your Profile and all pending Features and Trips. 

 

§  We encourage You and recipients of email generated from our Licensed Products to report suspected spam. 

 

§  Liquidated Damages.  You agree that we may immediately terminate any Profile, Profile Page, Trips, Trip Bookings or Features that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk communications. In addition, You agree that, in such case of Your spam or unsolicited bulk communications, actual damages cannot be reasonably calculated and that the following is a reasonable measure of damages (and not a penalty): You agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk communications transmitted from or otherwise connected with Your Profile or Profile Page.

 

 

INDEPENDENT CONTRACTOR

 

Listo Travel and You are independent contractors and nothing contained in this Agreement places Listo Travel and You in the relationship of principal and agent, partners or joint venturers, or employee and employer. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

 

COMPLIANCE WITH LOCAL LAWS

 

Listo Travel makes no representation or warranty that the content available on the Licensed Products are appropriate in every country or jurisdiction, and access to Licensed Products from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access the Licensed Products are responsible for compliance with all local laws, rules and regulations.

REPRESENTATIONS AND WARRANTIES

 

You represent and warrant to Listo Travel that:

       You own, control, hold, and retain all rights and licenses in and to Materials posted to Your Profile or Profile Page, including as applicable the copyrights, trademarks, rights of privacy and publicity of any identifiable persons , trade secrets, and any other intellectual and proprietary rights and Personalized Content, and have the right to grant the license granted above to Us and Our affiliates and service providers, and each of their and Our respective licensees, successors and assigns. It is Your responsibility to understand the licenses You have obtained to use model’s likenesses, source materials, music, photos, or other copyrightable materials.

       All Your Materials, Trips, and Features do and will comply with these Terms of Use and will comply with all applicable federal, state, local, and international laws and regulations.

       All stories or incidents posted by You within the Licensed Products shall respect the privacy of Your Trip Guests or Trip Organizer, and third party providers of Features.

       You are authorized to enter into this agreement

       All of Materials do not and will not:

       infringe upon the intellectual property rights, including copyright, trademark, trade secrets, rights of publicity or rights of privacy of third parties

      contain any unlawful statements of a defamatory, inflammatory, abusive, offensive, harassing, hateful or disparaging in nature

      contain or promote sexually explicit or pornographic material, or obscenity

      Contain or promote violence toward animals or persons, or contain gory images or messages

      contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or expression, age

      promote any illegal activity, or advocate, promote, or assist any unlawful act

      Contain materials that or serve to impersonate any person, or misrepresent Your identity or affiliation with any person or organization

      Contain or promote content that is otherwise objectionable or that goes against the community standards for communities in which they are published.

 

NO SPECIALIZED ADVICE

 

You acknowledge and agree that Listo Travel is not serving as travel agent, travel specialize or expert on the area of Your preferred travel, and that we only act as a passive conduit for the planning of Your Trips and Trip Bookings. We are not responsible or liable to You, or Your Authorized Users for the content or accuracy of, misinformation, malpractice, or harmful practices communicated User’s Profiles, Profile Pages, Trip descriptions, Feature descriptions, Trips, Trip Bookings, or Features, including content provided by Us. You acknowledge and agree that Listo Travel does not vet or do background checks on any of its Users, Trip Organizers, Trip Guests, or third parties providing Features. As with all travel, it is Your responsibility to be aware of Your surroundings, control Your personal belongings, and provide for Your personal safety. Without limiting the foregoing, You acknowledge and agree that any remarks, opinions, comments, suggestions, and other information expressed or included in Your Materials, Profile or Profile Page do not necessarily represent those of Listo Travel. Any use by You of Licensed Products is entirely at Your own risk.

 

Disclaimer of Warranties and Limitation of Damages

 

You agree to the following and waive all warranties, to the fullest extent allowable by law and as follows:

 

WE WILL NOT BE LIABLE FOR AND YOU WAIVE ANY WARRANTIES PROTECTING AGAINST  ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LICENSED PRODUCTS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR APP OR OTHERWISE AVAILABLE THROUGH THE LICENSED PRODUCTS.

 

YOUR USE OF THE LICENSED PRODUCTS IS AT YOUR OWN RISK. ALL ASPECTS OF THE SERVICES AND LICENSED PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING AS TO THE ACCURACY OR RELIABILITY OF INFORMATION CONTAINED THEREIN. NEITHER LISTO TRAVEL NOR ANY PERSON ASSOCIATED WITH LISTO TRAVEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, SOUNDNESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY ASPECT OF THE LICENSED PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER LISTO TRAVEL NOR ANYONE ASSOCIATED WITH LISTO TRAVEL REPRESENTS OR WARRANTS THAT ANY ASPECT OF THE SERVICES OR LICENSED PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY ASPECT OF THE SERVICES OR LICENSED PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

LISTO TRAVEL HEREBY DISCLAIMS AND YOU WAIVE ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, EVEN IF SPECIFICALLY ADVISED OF THE SAME.

 

LIMITATION ON LIABILITY.

 

IN NO EVENT WILL LISTO TRAVEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, RELIANCE UPON, OR INABILITY TO USE, INCORRECT APPLICATION OF, OR ANY ASPECT OF THE LICENSED PRODUCTS, OR ANY ASPECT OF A THIRD-PARTY SERVICE OR MARKETING MATERIALS LINKED TO THE LICENSED PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR SPECIFICALLY DISCLOSED. THIS LIMITATION OF DAMAGES SHALL APPLY TO YOU OR YOUR AUTHORIZED USERS’ RELIANCE ON ADVICE CONTAINED WITHIN ANY OF THE LICENSED PRODUCTS.

 

THE SERVICES AND PRODUCTS PROVIDED HEREUNDER ARE INHERENTLY SUBJECT TO UNWELCOME AND UNAUTHORIZED ACCESS (“HACKING”) OR POSTS BY THIRD PARTIES OR AGENTS. WHILE LISTO TRAVEL DOES NOT CONSENT TO HACKING OR DIGITAL SPYING, HACKERS USE EVOLVING TECHNIQUES AND LISTO TRAVEL WILL NOT BE LIABLE FOR BREACHES. YOU RELEASE LISTO TRAVEL FROM ANY DAMAGES OR CLAIMS RESULTING FROM OR RELATED TO THIRD PARTIES’ UNAUTHORIZED ACCESS TO OR UNAUTHORIZED SCOPE OF USE OF THE LICENSED PRODUCTS, WHETHER DAMAGE IS TO YOU, THE VALUE OF YOUR BRAND, OR INJURY, INCLUDING EMOTIONAL DISTRESS, TO THIRD PARTIES.

 

EXCLUSIVE REMEDY

TO THE FULL EXTENT ALLOWABLE BY LAW, IN THE EVENT OF ANY LOSS, CLAIM, DAMAGES, OR LIABILITIES ARISING AS A RESULT OF OR IN RELATION TO YOUR OR YOUR AUTHORIZED USER’S USE OR ACCESS TO THE LICENSED PRODUCTS (“CLAIMS”) YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE LICENSED PRODUCTS. UNDER NO CIRCUMSTANCE WILL LISTO SERVICES, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR CLAIMS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING EMOTIONAL DISTRESS AND ATTORNEYS FEES). 

Your Trip Agreement is between the Trip Organizer and the Trip Guests. Claims related to Your Trip Booking must be made under those terms. Listo Travel is not a party to Your Trip Agreement and assumes no liability thereunder.

Indemnification

 

You agree to defend, indemnify, and hold harmless Listo Travel, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and expert witness fees) arising out of or relating to a) Your violation of these Terms of Use; b) Your use of the Licensed Products, including, but not limited to, use, distribution, or display of Materials, including for personal and emotional injury caused by unauthorized content; c) improper or unauthorized use of the Licensed Products by third parties (including “hackers”); or d) Your breach of or failure to perform under this agreement or breach of any of Your warranties or representations (“Claims”). This indemnification shall not apply to the extent that any claims hereunder arise due to or are related to the willful misconduct, or grossly negligent actions or omission of Listo Travel.  This indemnification clause shall only apply to Claims brought by third parties.

 

A Party seeking indemnification under this Section shall provide prompt written notice thereof, containing the particulars of the claim, to the indemnifying party; provided, however, that the failure of the Indemnified Party to so notify the Indemnifying Party shall not relieve the Indemnifying Party from any liability that it may have hereunder, except to the extent such failure actually materially prejudices the indemnifying party. its undertaking of the defense and indemnity of an Indemnified Party, Indemnifying Party will have the right to control such defense in all material respects. Each Indemnified Party shall cooperate with the reasonable requests of Indemnifying Party until the indemnified matter is fully and finally resolved provided Indemnifying Party reimburses each such party its reasonable out of pocket expenses in such cooperation. Indemnifying Party shall not be liable for any settlement or compromise of any claim otherwise covered by Indemnifying Party unless Indemnifying Party shall have given its prior written consent to the same.

Governing Law and Jurisdiction

 

This Agreement shall be deemed executed in Boulder, Colorado[CK40] [RH41]  and all issues arising under or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of law principles. Any allowable suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated herein and brought by You or Us shall only be brought in the Colorado state courts located in Boulder County, Colorado, or, if it has or can acquire jurisdiction, the United States District Court for the District of Colorado. Each Party agrees and submits to the exclusive jurisdiction of these courts, and irrevocably waives, to the fullest extent permitted by law, any objection that such Party may now or hereafter have to the laying of venue of any such suit, action, or proceeding brought in any such court and any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.

 

Waiver and Severability

 

No waiver of or by Listo Travel of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Listo Travel to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by an arbitrator, court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that the scope of such provision may be modified by the subject tribunal accordingly to most closely reflect the intentions of the parties. The validity of the remainder of the provisions of the Agreement shall not be affected thereby.

 

Entire Agreement

 

These Terms of Use, all click wrap agreements affirmed by You upon use of the Licensed Products, and all policies referenced herein, constitute the sole and entire agreement between You and Listo Travel with respect to the Licensed Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject of this Agreement.

Not a Contract of Necessity

 

You acknowledge that You have had an opportunity to have this Agreement reviewed and revised by counsel of Your choosing. You further agree that, because the Licensed Products are not necessities to You, are available through other means, and because You may choose not to utilize the Licensed Products, this Agreement shall not be interpreted as a contract of adhesion.

 

Your Comments and Concerns

 

The Licensed Products are operated by Listo Travel, located at 1606 Headway Cir, STE 9835

Austin, TX 78754. All other feedback, comments, requests for technical support and other communications relating to the Website or App should be directed to: [email protected]