Information Collection & Use
To access services and products offered by EXP via the Services, end users will be required to create a user account, including user ID and password, and input certain Personal Information, including your email address, emergency contact, and profile photo. EXP collects Personal Information from you through the Services to allow us to provide access to services and products that most likely meet your needs and preferences. EXP may collect and use certain data provided by you for processing, confirming and fulfilling travel or other services as requested by you, as well as for administrative and analytical purposes. We only collect Personal Information about you that we consider necessary for achieving this purpose.
In general, you can browse the Site and “opt-out” from providing us with any Personal Information. Once you agree to provide us with Personal Information, you are no longer anonymous to us. If you choose to purchase and use our Services, we may require you to provide contact and identity information, billing information and other Personal Information as indicated on the forms provided to you by EXP either on the Site or otherwise. Where possible, we indicate which fields are required and which are optional. You always have the option to not provide information by choosing not to use or purchase a particular service.
Under some circumstances we may require some additional financial information or personal information, for purposes, including without limitation, such as booking travel reservations. We use your financial information, including credit card information, to verify the accuracy of your name, address and other information, as well as to bill you for your use of our Services, including booking travel reservations.
We may track certain information based upon your behavior on the Site. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand our customers. This information may include, but may not be limited to, the URL that you just came from, which URL you go to next, your computer browser information, and your IP address.
If you choose to post messages on the Services or leave feedback for other customers or users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect and retain such information in a file specific to you.
Use of Your Personal Information
You agree that we may use your Personal Information, including your email address, to improve our marketing and promotional efforts, to analyze site usage, to improve our content and product offerings, and to customize the content, layout, and services on the Site and in our Services. These uses improve the Site and our Services and better tailor our Services to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site and our Services.
Communications from the Site
We may occasionally send you information on products, services, special deals, and promotions. Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications. If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each such communication or by contacting us.
You will be notified when your Personal Information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if access to our services and products is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to cease use of our Services.
Information Sharing and Disclosure
As a matter of policy, we do not sell, rent or share any of your Personal Information, including your email address, to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of business to provide our services and products to customers:
Legal Requests: EXP cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you, other users, and EXP from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, username history, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your Personal Information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss, or report suspected illegal activity.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. We track trends in users’ usage and volume statistics to create a more efficient and usable site and offerings, and to determine areas of the site or our services that could be improved to enhance the user and customer experience. Log files are used on the Site, and in any link to the Site from an email.
Cookies and Related Technologies
When you use the Services, we collect certain information by automated or electronic means, using technologies such as cookies, browser analysis tools, and web server logs. As you use the Services, or our applications, your browser and other electronic devices communicate with servers operated by us and our services providers to coordinate and record the interactivity and fill your requests for services and information.
The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to this Site by your computers or mobile devices. These servers are operated and the cookies managed by us or our service providers.
For example, when you visit this Site, EXP and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, and track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A “cookie” is a small amount of information that a web server sends to your browser that stores information about your account and preferences.
Some cookies are temporary, whereas others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent” cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided, and storing your preferences.
Manage Your Security Settings
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third party advertising companies online at www.networkadvertising.org/consumer/opt_out.asp or http://preferences.truste.com/truste/.
You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
Links to Other Sites
Comments or Discussion Forums
If you use a forum or comment section on this Site or otherwise through the Services, you should be aware that any personally identifiable information that you submit, including your name and email address, can be read, collected, or used by other users of the Site, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit on the Services.
Accessing and Correcting Personally Identifiable Information
If you want to update or delete your contact information, or have other questions or requests, please contact us at firstname.lastname@example.org. While we are ready to assist you in managing your account with us, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases for financial reporting and compliance reasons.
We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Notice to Residents of Countries outside the United States of America
Changes in this Privacy Statement
The following is an agreement (“Agreement”) between you (or “Customer”) and EXP Trips, Inc., a Delaware corporation (“EXP”). By accessing, browsing, and using this website (www.exptrips.com), any software platforms, or any mobile application (including without limitation the “TripLeader” and “TripBuilder” applications) offered by EXP, or other products and services offered by EXP (collectively, the “Services”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Services. You may use the Services for your personal, non-commercial use only. Permission to use our Services will terminate automatically if you breach any of the terms of this Agreement.
From time to time, EXP may modify this Agreement and post those modifications on the applicable Services. Your use of the Services after any such modification constitutes your acceptance of the modified Agreement.
The material provided in the Services is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Services are controlled and operated by EXP from its offices within the United States. EXP makes no representation that materials in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
Ownership and Proprietary Information
The content and information in the Services is proprietary to EXP. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any materials, information, software, content, products or services obtained from or through the Services.
Use Restrictions and Intellectual Property
The Services contain copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, and graphics, and the entire contents of which are protected under the United States copyright laws. The copyright in all material provided in the Services is held by EXP or its licensors. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content or the Services in whole or in part. Except as expressly permitted by EXP, nothing from the Site or in the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of EXP or the copyright owner.
You also may not, without EXP’s permission, “mirror” any material contained in the Services on any other server. Any unauthorized use of any content contained in the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You will not upload, post or otherwise make available in the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify EXP for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you. By submitting material to a public area of the Services, you grant EXP the right to edit, copy, publish and distribute any such material.
End User Use Restrictions
U.S. Government Restricted Rights
The materials in the Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of EXP’s proprietary rights in them.
“TripLeader” is a trademark of EXP. It, together with other trademarks that are located within the Services shall not be deemed to be in the public domain but rather the exclusive property of EXP, unless such mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of EXP unless otherwise stated.
Information in the Services may be changed or updated without notice. EXP may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Information EXP publishes in the Services may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that EXP intends to announce such products, programs or services in your country. Consult EXP for information regarding the products, programs and services which may be available to you.
Information “AS IS”
INFORMATION IN THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY EXP ON AN “AS IS” BASIS ONLY. EXP PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. EXP WILL USE REASONABLE EFFORTS TO MAINTAIN THE SITE AND CORRECT ANY ERRORS THAT OCCUR. YOU AGREE THAT EXP PROVIDES NO REPRESENTATIONS AND WARRANTIES THAT ACCESS TO THE SITE WILL BE UNIMPEDED AND YOU AGREE THAT ACCESS TO THE SITE MAY BE SUSPENDED IN THE CASE OF TECHNICAL ERRORS, VIRUSES, AND THE LIKE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EXP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT OFFERED IN THE SERVICES, EVEN IF EXP OR A EXP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.
Authorization to Use Information
By requesting travel services from us from time to time, you are authorizing us to obtain your personal private information and/or to provide your personally identifiable information to those third parties that we deem necessary to provide you with the travel services you have requested. WE ARE NOT LIABLE FOR THE MANNER IN WHICH SUCH THIRD PARTIES HANDLE YOUR PERSONAL PRIVATE AND/OR PERSONALLY IDENTIFIABLE IDENTIFICATION INFORMATION OR FOR ANY FAILURE BY SUCH THIRD PARTIES TO PROTECT THE PRIVACY OF YOUR INFORMATION.
By requesting travel services from us, you are certifying that all information that you provide to us will be accurate, complete and current and that you are not and have not knowingly provided us with any false information.
By booking travel services through EXP, you agree to pay all charges incurred by users of your credit card, debit card, check or other payment method, as well as for use of your account by others, including, without limitation, minors that may use the Services purchased in connection with a transaction with us, at the prices in effect when such charges are incurred. You shall supervise all usage of our Services by minors using the Services under your name, account, or otherwise accessing the Services through your purchase of the Services. You will pay any applicable taxes, charges, fees, duties and assessments, if any, relating to any such purchases, transactions or other monetary transaction arising out of your use of our Services.
Limitation of Liability Regarding Travel Suppliers
With regards to travel arrangements purchased from EXP from time to time, we do not guarantee, and you shall not hold us responsible or otherwise liable for, any such travel service suppliers’ rates, bookings, reservations, connections, scheduling, services, security, facilities or protection of personal belongings. Furthermore, we assume no responsibility for, and you shall not hold us responsible for or otherwise liable for, overbooking, cancellation or delays. WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS THAT MAY OCCUR AS A RESULT OF THE TRANSFER OF INCORRECT INFORMATION FROM THIRD PARTY TRAVEL SERVICE SUPPLIERS.
Separate terms and conditions may apply to your reservation and services purchased from third party travel service suppliers. By embarking on travel arranged through, or utilizing information contained, in our Services, you voluntarily assume the risks associated with such travel, including travel requirements, travel precautions, and all other risks and hazards that you may encounter on your trip.
governing law and dispute resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Maricopa County, Arizona and the parties irrevocably waive any objection to such venue.
End User Communications
EXP, at any time now or in the future, may allow you and other end users to use the Services to express opinions and communicate through comments, discussion groups, or other communication facilities that may be offered in or through the Services from time to time (collectively “Communities”). In the event of the existence of such Communities, EXP shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by EXP, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, EXP shall also have the right, but not the obligation, to remove any material from the Communities that EXP, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of EXP.
By posting any materials, feedback, or other information on or through the Communities, you (or the end user as applicable) grant EXP a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.
The Services may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
Revisions to this Agreement
EXP may at any time revise this Agreement by updating this posting. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Digital Millennium Copyright Act (“DMCA”) Notice.
In the event materials are made available in the Services by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be 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;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.