Terms and Conditions
Overview
BY VISITING onmywaytravel.co ("Site"), YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.
The terms “user,” “you,” and “your” refer to onmywaytravel.co visitors, customers, and any other users of onmywaytravel.co. The term "Services" refers to both free and paid products and services offered by On My Way Travel LLC ("On My Way Travel") through tonmywaytravel.co only, including but not limited to, a blog, email series, and travel planning and booking services.
Use of On My Way Travel LLC’s (“Company”) Site, including all materials presented herein and all Services provided by On My Way Travel LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of onmywaytravel.co. By using onmywaytravel.co or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site and Services
To access or use onmywaytravel.co, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using onmywaytravel.co. Information provided on onmywaytravel.co and in the Services is subject to change. On My Way Travel LLC makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Lawful Purposes
You may use onmywaytravel.co and Services for lawful purposes only. You agree to use onmywaytravel.co and to purchase Services through onmywaytravel.co for legitimate, non-commercial purposes only. You shall not post or transmit through onmywaytravel.co any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to On My Way Travel LLC’s acceptance of your order or requests. On My Way Travel LLC reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by On My Way Travel LLC until payment has been processed. On My Way Travel LLC may at any time change or discontinue any aspect or feature of onmywaytravel.co or Services, subject to On My Way Travel LLC fulfilling previous responsibilities to you based on acceptance of your payment.
Service Description
On My Way Travel LLC endeavors to describe and display onmywaytravel.co and Services as accurately as possible. While On My Way Travel LLC tries to be as clear as possible in explaining onmywaytravel.co and Services, please do not accept that onmywaytravel.co and Services' descriptions are entirely accurate, current, or error-free. From time to time On My Way Travel LLC may correct errors in pricing and descriptions. On My Way Travel LLC reserves the right to refuse or cancel any order with an incorrect price listing.
Company’s Intellectual Property
onmywaytravel.co and Services contain intellectual property owned by On My Way Travel LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of onmywaytravel.co or Services' Content or intellectual property, in whole or in part, without On My Way Travel LLC’s prior written consent. On My Way Travel LLC reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Changed Terms
On My Way Travel LLC may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by On My Way Travel LLC posting the new Terms and Conditions on onmywaytravel.co. Any use of onmywaytravel.co or Services by you after being notified means you accept these amendments. On My Way Travel LLC reserves the right to update any portion of onmywaytravel.co and Services, including these Terms and Conditions, at any time. On My Way Travel LLC will post the most recent versions to onmywaytravel.co and list the effective dates below the Terms and Conditions section.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL On My Way Travel LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, On My Way Travel LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF COMPANY'S NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF On My Way Travel LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, On My Way Travel LLC’s LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL On My Way Travel LLC’s CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM On My Way Travel LLC’s, AND IF NO PURCHASE HAS BEEN MADE BY YOU On My Way Travel LLC’s CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Site and the Services contain links to third party websites and resources. You acknowledge and agree that On My Way Travel LLC is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with On My Way Travel LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold On My Way Travel LLC harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide On My Way Travel LLC with such assistance, without charge, as On My Way Travel LLC may request in connection with any such defense, including, without limitation, providing On My Way Travel LLC with such information, documents, records, and reasonable access to you, as On My Way Travel LLC deems necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and On My Way Travel LLC pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between you and On My Way Travel LLC. No waiver of any of the provisions of this Agreement by On My Way Travel LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed via email to On My Way Travel LLC at anna.hahn@foratravel.com.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Ohio as applied to contracts that are executed and performed entirely in Ohio. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Cuyahoga County, Ohio. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Last Updated: September 11, 2024