Terms and Conditions
Travelpro.com Terms and Conditions
Travelpro Products, Inc. and its affiliates (“Travelpro”) are pleased to provide our websites travelpro.com, travelproluggageoutlet.com, atlanticluggage.com, and travelproluggageblog.com (the “Sites”) as a service to our customers. Please review the following terms of use which govern your use of the Sites (the “Agreement”).
THIS AGREEMENT FORMS A VALID AND BINDING CONTRACT BETWEEN YOU AND TRAVELPRO. YOUR USE OF ANY OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED HEREIN. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
1. Right to Change Sites
We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice, and/or offer opportunities to some or all users of the Sites, for any reason. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites, or any service, content, feature, or product offered through the Sites.
2. Content of the Sites
Unless otherwise noted, the Sites and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips, product names, and other content, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled, or licensed by Travelpro.
The Sites and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Sites for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Content or the Sites.
Unless otherwise specified, the Sites and the Content are intended to promote our products and services primarily available in the U.S. and Canada. The Sites are controlled and operated by Travelpro from its offices in Boca Raton, Florida 33431.
3. Eligibility and Authority
The U.S. Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13 years of age. If you are providing our service to children under age 13 (whether in the U.S. or elsewhere), you represent and warrant that you are a parent or have received consent from parents, or have the authority to provide consent on behalf of parents, for Travelpro to collect information from students under age 13 before allowing them to access our services.
4. Product Description
At Travelpro, we provide the most accurate information on the Sites as possible. However, we do not warrant that product descriptions or other content on the Sites is accurate, complete, reliable, current, or error-free. Many products displayed on the Sites are available in select stores in Canada and, in some cases, select foreign markets. At times, prices displayed on the Sites may be quoted in Canadian Dollars. Certain products are available exclusively online through the Sites and may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
5. User Accounts
You are solely responsible for all use of the Sites under your account information and for maintaining the confidentiality of your account information. You agree not to hold Travelpro liable for any damages of any kind resulting from your disclosure of your account information to any third party, including but not limited to entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy, or advisor. If you inform Travelpro or Travelpro has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Sites or require that your account information be changed. You agree to: (i) promptly notify Travelpro of any actual or suspected unauthorized use of the Sites, and (ii) ensure that you exit from your account at the end of each session.
6. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to our products or services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice.
7. User Content
Travelpro is pleased to hear from our customers and welcomes your comments regarding our products and services. However, if you send data, questions, comments, suggestions, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that Travelpro may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any User Content that you forward to Travelpro. Travelpro is and shall be under no obligation to: (1) maintain any User Content in confidence; (2) pay compensation for any User Content; or (3) respond to any User Content.
Travelpro has the right but not the obligation to monitor and edit or remove any User Content. You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Travelpro or third parties. You are solely responsible for any User Content you make and its accuracy. Travelpro takes no responsibility and assumes no liability for any User Content posted by you or any third party.
8. Personal Information Submitted Through the Sites
Your submission of personal information through the Sites is governed by our Privacy Policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
9. Online Conduct
The Sites and social media pages are intended to be used only for lawful purposes. You are prohibited from posting or transmitting through the Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted, hateful, libelous, racially, ethnically, or otherwise objectionable material. You may not engage in any activity that restricts or inhibits others from using the Sites by means of “hacking,” “cracking,” “spoofing,” or disabling or defacing any portion of the Sites.
10. Prohibited Material
You may not post or transmit through the Sites: advertising or commercial solicitations; software or other materials that contain viruses, worms, Trojan horses, or other harmful components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright or trademark; or any robot, spider, or data mining device. Additionally, you may not harvest or collect information about visitors to the Sites without their express consent.
11. Monitoring
Travelpro or its representatives have the right, but not the obligation, to monitor the Content of the Sites to determine compliance with this Agreement. We retain the right, in our sole discretion, to edit, refuse to post, or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Sites and circumstances surrounding its submission to any third party in order to operate the Sites properly, to protect our visitors, and to comply with legal obligations.
12. Consent to Electronic Communications and Opting Out
You consent to the receipt of electronic mail from Travelpro. You may opt out of future emails about products or services by following instructions contained in an email you receive from us. We reserve the right, however, to email you important information relating to your account.
13. Consent to Text Messages and Opting Out
If you elect to receive marketing and support text messages from us by any means, you are providing your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”), including messages which may utilize or be sent using an automated system, autodialer, or artificial intelligence technology, at the mobile telephone number associated with your opt-in. Message frequency varies. You can opt out at any time by replying “STOP,” “END,” “REVOKE,” “QUIT,” “OPT OUT,” “CANCEL,” or “UNSUBSCRIBE” to any Text Message you receive from us. For help, reply “HELP” to any Text Message or email smsoptout@travelpro.com. Your mobile provider’s message and data rates may apply.
By providing your number, you agree to indemnify and hold Travelpro harmless for any claim resulting from your failure to notify Travelpro of a number change, including any liability under the Telephone Consumer Protection Act (47 U.S.C. §227) or related laws. All claims related to Text Messages are subject to the arbitration and class action waiver provisions below.
14. Copyright Complaints
Travelpro respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our copyright agent:
- Your electronic or physical signature;
- A description of the copyrighted work claimed to be infringed;
- A description of where the infringing material is located on the Sites;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized; and
- A statement made under penalty of perjury that the above information is accurate and that you are authorized to act on behalf of the copyright owner.
ATTN: LEGAL
Email: legal@travelpro.com
15. Third-Party Sites
The Sites may contain links to other websites. If you link to another website, you will leave the Sites and this Agreement will not apply to your use of those websites. We encourage you to read the legal notices and privacy policies posted on those websites. We have no responsibility or liability for your use of, or the data practices of, such third-party sites.
16. Indemnification
You agree to defend, indemnify, and hold harmless Travelpro, its affiliates, service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of your breach of this Agreement or your activities in connection with the Sites or related services. You shall not settle any claim affecting Travelpro without our prior written approval.
17. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES ARE PROVIDED BY TRAVELPRO ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRAVELPRO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TRAVELPRO OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES. IN NO EVENT WILL TRAVELPRO’S TOTAL LIABILITY EXCEED THE FEES PAID BY YOU (IF ANY) IN THE SIX MONTHS PRIOR TO THE CLAIM.
19. Severability
If any provision of this Agreement is held invalid or unenforceable, such provision shall be ineffective to the extent of such invalidity without affecting the remaining provisions.
20. Applicable Law
This Agreement is governed by and construed under the laws of the State of Florida. All disputes arising out of or relating to this Agreement shall be settled by mandatory binding arbitration as set forth below.
21. Mandatory Binding Arbitration; Dispute Resolution; Class Action Waiver
1. General.
In the interest of resolving disputes between in the most expedient and cost effective manner, you and us agree that any dispute arising out of or in any way related to this Agreement and these terms, and any of our text messaging programs, will be resolved by mandatory, binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these terms, or your receipt of text messages from us or our service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions.
Notwithstanding subsection 1 above, nothing herein will be deemed to waive, preclude, or otherwise limit the right of you or us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator.
Any arbitration between you and us will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice; Process.
If you or us intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by email ("Notice"). Our address for Notice is: Attention: Legal, legal@travelpro.com. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and us will make good faith efforts to resolve the claim directly, but if you and us do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
5. Fees.
If you commence arbitration, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and us agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us made within 14 days of the arbitrator's ruling on the merits.
6. No Class Actions.
YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and us agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
7. Modifications to this Arbitration Provision.
Notwithstanding anything to the contrary herein, if we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and us.
8. Enforceability.
If an arbitrator decides that applicable law precludes enforcement of any of the limitations above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these terms shall remain in full force and effect.
22. Contact Us
If you have any questions concerning the Sites or this Agreement, please contact us:
Travelpro Products, Inc. Customer Service — Click here to contact Customer Service