USTA Travel Terms of Use

Tavistock Management Services (“Tavistock”) operates the website at ustatravel.com (the “Website” or “Site”) to provide the services and information available via the Website (collectively, the “Services”). To assist you in using the Website, and to ensure a clear understanding of the relationship arising from your use of the Website, we have created (i) these Terms of Use (the “Terms of Use” or “Terms”) and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Website and our Terms govern your use of our Website. Our Terms and Privacy Policy apply to any Website visitor (collectively, “you”), including (i) casual Site visitors (“Visitors”), and (ii) individuals who participate in the Services (“Users”). The terms “Tavistock,” “we,” “our”, and “us” refer to Tavistock Management Services.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING ANY PORTION OF THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

PLEASE SEE SECTIONS 13, 14 AND 17 BELOW REGARDING RESTRICTIONS ON YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, TERMS OF USE OR PRIVACY POLICY.

1. Your Agreement
These Terms govern: (i) your use of the Website; (ii) your provision of information while using the Website (collectively, the “User Content”); and (iii) your use of information obtained through the Website, including information, software, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Tavistock or its licensors and made available to you through the Website (collectively, the “Tavistock Content”). Please read these Terms carefully because they impose legal obligations on you and on Tavistock, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understand these Terms and agree to be legally bound by them.

2. Your Consent to Our Privacy Practices
Our Privacy Policy explains how we treat information that you provide to us through the Website. By accessing our Website, you consent to our privacy practices as set out in our Privacy Policy, which is available at https://www.ustatravel.com/privacy-policy.

3. Our Services: Overview
The Website has been designed to assist Users in finding and booking travel arrangements related to events hosted by the United States Tennis Association (“USTA”) at the USTA National Campus in Lake Nona. Tavistock acts solely as a booking agent for disclosed principal supplier cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services (“Supplier(s)”), and is not the source or provider of the travel services. When using our Website to book travel arrangements, the actual booking will occur through the website of the Supplier(s) you select.

4. Password Protected Areas. We may make certain areas of the Website or Services accessible only to users that have a user name and password. While you can visit the Website as a Visitor, to access and participate in certain Services, we may ask that you register to become a User. During the registration process, you may be required to provide certain information about you. You agree that the information you provide to us in this process is complete and accurate. If you obtain a password, please keep in mind that we will treat anyone who uses your username and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your username and password in confidence and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Platform and your participation in the Services. Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.

5. Ownership; Reservation of Rights
The information, software, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Tavistock Content, are the property of Tavistock and its licensors, and are protected by the U.S., international copyright and other intellectual property laws, or are used under the principles of fair use. Tavistock and its licensors retain all rights with respect to the Website and the Tavistock Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by Tavistock.

6. Grant of Rights to You in Tavistock Content
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Tavistock Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Tavistock Content; (ii) modify or make derivative works based upon the Website or Tavistock content; or (iii) reverse engineer, reverse compile, or access the Website or the Tavistock Content in order to build a competitive product or service. You may access and view the Website and the Tavistock Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website or the Tavistock Content.

7. Code of Conduct
AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:

• Upload, email, or otherwise transmit User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.

• Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personally Identifiable Information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.

• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.

• Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.

• Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personally Identifiable Information.

• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

• Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam” email.

• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.

• Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.

• Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

8. Monitoring; Revocation or Suspension of Use Privileges
We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE AT ISSUE AND REMOVE THE CONTENT AT ISSUE.

Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges and civil liability to harmed parties for compensatory damages and attorney’s fees. Tavistock reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

9. Reports and Complaints
If you believe that another User has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 21 (Contact Us).

10. Links to Third-Party Sites
The Website contains links to third party websites (collectively “Linked Sites”). Linked Sites may include websites operated by Suppliers and other third party vendors that we may engage to provide certain Services to you on our behalf. Tavistock does not own these Linked Sites and Tavistock does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide to the Linked Sites. Tavistock does not endorse the content of any Linked Site, nor does Tavistock warrant that a Linked Site will be free of computer viruses or other harmful code that may impact your computer or other web-access device. By using the Website to link to another site (including Linked Sites), you agree and understand that such use is at your own risk. For example, if you submit Personally Identifiable Information to a Linked Site, then the Personally Identifiable Information that you submit shall be governed by the Linked Site’s privacy policy and terms of use, and not by Tavistock’s Privacy Policy and Terms of Use.

11. User Conduct; User Disputes
Tavistock is not responsible or liable for User conduct. You are solely responsible for your conduct and interaction with Suppliers and other Users, both online or offline. We have no obligation to become involved in disputes between Users and/or Supplier. If you have a dispute with another Users and/or Supplier, you release Tavistock (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

12. Warranty Disclaimer
TAVISTOCK DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE, ERROR-FREE OR UNINTERRUPTED. THE WEBSITE, CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. TAVISTOCK DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

TAVISTOCK DISCLAIMS: (i) ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

13. Tavistock is Not a Supplier; Limitation of Liability
As noted above, Tavistock Management Services acts solely as a booking agent for Suppliers and is not the source or provider of the travel services. Each of these supplier companies is an independent entity with its own management and is not subject to the control of Tavistock Management Services. Users are advised that the Suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and you consent to the use of those Suppliers, and you understand and agree that each Supplier’s terms and conditions are contained in printed form and are set forth on their respective Web sites, which govern your transaction with that Supplier. All bookings are accepted by Tavistock Management Services as agent for the Suppliers on your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operator Suppliers offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including terms and conditions on their respective websites. BECAUSE TAVISTOCK MANAGEMENT SERVICES ACTS AS AGENT FOR SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH SUPPLIERS, YOU AGREE TAVISTOCK MANAGEMENT SERVICES IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. TAVISTOCK MANAGEMENT SERVICES HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SUPPLIER BOOKING THROUGH TAVISTOCK MANAGEMENT SERVICES’ OFFICE OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, FUEL INCREASES, AND OTHER MATTERS OUTSIDE OF TAVISTOCK MANAGEMENT SERVICES’ CONTROL, AND YOU HEREBY EXONERATE TAVISTOCK MANAGEMENT SERVICES FROM ANY LIABILITY WITH RESPECT TO THE SAME. Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of Tavistock Management Services’ control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of Tavistock Management Services. Tavistock Management Services reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. Tavistock Management Services shall not assume any responsibility for any air and/or ground schedule changes. Tavistock Management Services has solely received commission and fees for travel transactions and Customer agrees and understands that any recovery from Tavistock Management Services will be limited to the commission and fees paid by Customer actually received by Tavistock Management Services.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL TAVISTOCK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TAVISTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. Indemnity
You agree to defend, indemnify, and hold Tavistock and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or the Privacy Policy.

15. Modifications to these Terms
We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.

16. Assignment
These Terms shall not be assignable by you, either in whole or in part. Tavistock reserves the right to assign its rights and obligations under these Terms.

17. Governing Law and Jurisdiction
These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in Orange County, Florida, USA. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Tavistock’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Subject to Section 20 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Tavistock and you, with respect to the subject matter hereof, and supersede any prior or contemporaneous understanding, whether written or oral.

Tavistock is based in the United States and provides its services and the Website for use to individuals in the United States. We make no claims that the Website is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Additional Terms
Certain portions of the Website or Services offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.

19. Survival
In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 12 (Warranty Disclaimer); (iii) Section 13 (Limitation of Liability); (iv) Section 14 (Indemnity); (v) Section 16 (Assignment); and (vi) Section 17 (Governing Law and Jurisdiction).

20. Relationship to Privacy Policy and Other Contracts
These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

21. Contact Us
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us using the form available on our Site, or at info@ustatravel.com.

22. Effective Date
The effective date of these Terms of Use is April 5, 2019.