Terms of Use

Date of the last Update: MAY 3, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SHALL BE BINDING UPON USERS OF THE WWW.AJANACLAIRWISETRAVEL.COM WEBSITE AND ITS SERVICES. 

Your access to and use of the Website (as defined below) is conditioned on your acceptance of and compliance with the Terms (as defined below). The Terms apply to all visitors, users and others who access or use the Website.

Introduction

Please carefully read the Terms of Use (the “Terms”) for the website located at www.ajanaclairwisetravel.com, including its website pages, hyperlinks or mobile optimized version, if any, any affiliated sites, as well as Ajanaclair Wise Travel LLC lead and landing pages and social media accounts on Facebook®, LinkedIn®, Google Plus®, Instagram®, Pinterest® and YouTube® and any other similar social media accessible by the public at large (collectively, the “Website”). The Website is owned and operated by Ajanaclair Wise Travel LLC, a South Carolina limited liability company registered in the United States and having its registered address located at 6650 Rivers Ave., STE 100, Charleston, SC 29406 (hereinafter referred to also as the “Company”, “we,” “us” or “our”).  Any ancillary terms, guidelines, the Privacy Policy (the “Policy”) and other documents made available by the Company on the Website or otherwise from time to time and as incorporated herein by reference, shall be deemed as an integral part of the Terms. The Terms set forth the legally binding agreement between you as the user(s) of the Website (hereinafter referred to as “you”, “your” or “User”) and the Company. If you are using the Website or its services on behalf of any person, entity, organization, company or other third-party (collectively, an “Third-Party“), you declare that you are an authorized representative of that Third-Party with the authority to bind such Third-Party to the Terms; and agree to be bound by the Terms on behalf of yourself and such Third-Party. In such a case, “you” in the Terms refers collectively to you and such Third-Party, and any other individual authorized to use the Service on behalf of such Third-Party.

We do not permit users under the age of 18 to use the Website. You represent that you are over the age of 18.

For European Union (EU) Users

If you are an EU consumer, you will benefit from any mandatory provisions of law of the country in which you are a resident. 

By using services provided by the Company, accessing or using the Website in any manner, including, but not limited to, visiting or browsing it, or contributing content or other materials to it, you agree to be bound by the Terms, as amended from time to time with or without your notice.

The Terms, granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Acceptance of the Terms

Each time by viewing, using, accessing, browsing, or submitting any content or material on the Website, including the webpages contained or hyperlinked therein and owned or controlled by the Company, whether through the Website itself or through such other media or media channels, devices, software, or technologies as the Website may choose from time to time, you are agreeing to abide by the Terms, as amended from time to time with or without your notice.

The Company reserves the right to modify, replace, suspend or discontinue, temporarily or permanently, and at any time, the Website (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third-party for any replacement, modification, suspension or discontinuance of the Website (or any part thereof).

The Company may modify, replace or suspend the Terms from time to time, and any change to the Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to the Terms when you use the Website. The Company may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications.

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and the Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

When you access or use the Website and/or upload, submit, enter any information or material to the Website or use any services provided by the Company, you shall be deemed to have agreed to and understand the Terms.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHALL NOT USE THE WEBSITE.

Service Availability

The Company is not required under any circumstance to keep the Website up and running, and the Company may carry out scheduled and unscheduled maintenance work as necessary from time to time and such maintenance work may impact the availability of the Website.

Discontinuation of Use

If you violate any of the Terms, your permission to use the Website may be terminated.

Electronic Signature Consent

You agree that your “Electronic Signature” is the legal equivalent of your manual signature for the Terms, thereby indicating your consent to do business electronically.

By clicking on the applicable button in the Website, you will be deemed to have executed the Terms electronically via your Electronic Signature with the Company; effective on the date you first click to accept the Terms.

Electronic Delivery of Communications

You agree to receive communications from the Company in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Website.

You accept that the electronic documents, files and associated records provided via your account with the Company are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. The Company reserves the right to require ink signatures on hard copy documents from the related parties, at any time.

User Responsibility

Users are solely responsible for all of the transactions conducted on, through or as a result of use of the Website.

You agree that the use of the Website and/or any Services available on the Website is subject to all applicable local, state and federal laws and regulations. You also agree:

• not to access the Website or services using a third-party’s account without the express consent of the account holder;
• not to commit any acts of infringement on the Website or with respect to content on the Website;
• not to copy any content for republication in print or online;
• not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
• not to attempt to gain unauthorized access to other computer systems from or through the Website;
• not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;
• not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
• not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked website.
• not to use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
• not to use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• not to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express written consent of the Website owner;
• not to access or otherwise interact with the Website using any robot, spider or other automated means;
• not to violate the directives set out in the robots.txt file for the website;
• not to use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
• not to disturb the normal flow of the services provided within the Website;
• not to create a link from the Website to another website or document without the Company’s prior written consent;
• not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website;
• not to create copies or derivative works of the Website or any part thereof;
• not to reverse engineer, decompile or extract the Website’s source code;
• not to remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
• not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
• not to pretend to be or misrepresent any affiliation with any legal entity or third-party.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website.  You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Website. 

Third-party websites

The Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. Goods and services of third parties may be advertised and/or made available on or through this Website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Company shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties, including third-party websites accessed through the Website. 

The Company has no control over third-party websites and their contents, and subject to the Terms it accepts no responsibility for them or for any loss or damage that may arise from your use of them.

External hyperlinks to or from the Website do not constitute the Website’s endorsement of, affiliation with, or recommendation of any third-party or its website, products, resources or other information. The Website is not responsible for any software, data or other information available from any third-party website. You are solely responsible for complying with the terms and conditions for the third-party sites. You acknowledge that the Company shall have no liability for any damage or loss arising from your access to any third-party website, software, data or other information.

We do not review the information, pricing, availability or fitness for use of such products and services and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk. We do not make any endorsements or warranties, whether express or implied, regarding any third-party websites (or their products and services).  Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers.  We strongly recommend that you read the terms and conditions and privacy policy of any third-party websites or services that you visit. 

Ownership

The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Website are the property of – or otherwise are licensed to – Company or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.

Digital Millennium Copyright Act Policy (DMCA)

At www.ajanaclairwisetravel.com we respect the intellectual property rights of others. We act in a way that does not infringe on others’ rights.

We take claims of copyright infringement very seriously and respond to notices regarding such matters expeditiously.  If you are a copyright holder owner or authorized to act on behalf of a copyright owner, you may report claims of copyright infringement to us by sending a DMCA notice of alleged infringement, containing the following:

1. Identification, including a description of the copyrighted work you are claiming has been infringed, along with proof of ownership of the copyrighted material. If you are claiming infringement of multiple works, you may provide a representative list.
2. The location of the allegedly infringing material, including identification of URL where the allegedly infringing material is accessible or the exact location where the infringing material may be found.
3. Your company affiliation, if applicable, your mailing address, telephone number, and email address.
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf. 
6. Your full legal name and your electronic or physical signature. 

This notice may be sent to info@ajanclairwisetravel.com.

Upon receipt of your notice, we will take all actions we deem appropriate, including removal of the infringing material or disable access to the infringing material. Please note that you must comply with all of the requirements above for your notice to be valid.

No section hereof shall be construed as intent to grant to you any interest in the Website, in whole or in part. All content and materials included as part of the Website, such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to Company, its affiliates, its licensors or to the appertaining third-party copyrights holder.

Original images, original writings, photos or other intellectual property posted by us is copyrighted and protected under U.S. law. 

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Website may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of the Terms, either in equity or through injunctive or other equitable relief.

Term and Termination

The term hereof shall begin on the date that comes first among: (i) first access to the Website; (ii) your first access or execution of any form provided on the Website; or (iii) the Company begins providing its Services to you.

If you engage in prohibited conduct or otherwise violate terms, we may without notice revoke your access to the Website.   The term will automatically end on the date of Company’ decision to make the Website no longer available for use, at its sole and final discretion.

As a user of the Website, you are liable for the accuracy of the information that you provide to us. 

No Warranty

Your use of theWebsite is at your own risk, and therefore you hereby acknowledge and agree that the Website is provided “as is”, “with all faults”, and “as available”. It shall be your own responsibility to ensure that the Website or information available through the Website meet your specific requirements.

Neither the Company, nor its affiliates, subsidiaries, officers, employees and agents warranty that the Website will be error-free, uninterrupted, secure, or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by the Company or its employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made with regard to such services or products of third parties contacted on or through the Website. In no event shall the Company or our affiliates be held liable for any such services.

Neither the Company, nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The results described in the Website are not typical and will vary based on a variety of factors outside the control of the Company. Your use of any information and/or materials on the Website is entirely at your own risk, for which we shall not be held liable.

Disclaimer of Damages

In no event shall the Company be liable to you or to any third-party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: (i) damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website, including negligence; (ii) infringement of third-party intellectual property rights; and (iii) claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third-party rights claimants.

The aforementioned limitation of damage liability shall be in force regardless of however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of such possibility.

To the fullest extent allowable under applicable law, the Company hereby expressly disclaims any and all representations and warranties of any kind with respect to the Website, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or services displayed on the Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.

Indemnification

You agree to indemnify, defend and hold the Company and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of the Terms or the Policy; and (iii) your violation of the rights of any third-party.

You agree to indemnify the Company and its management for any time that the Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify the Company and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.

General

Advertisements and Promotions. From time to time, we may place ads and promotions from third-party sources on the Website.  Accordingly, your participation or undertakings in promotions of third-parties other than theCompany, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party.  The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.

No Assignment. You may not assign or transfer the Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.  Any rights not expressly granted herein are thereby reserved.  The Terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of the Company’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Content Moderation. The Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Website and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

Force Majeure. The Company is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond the Company’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Headings. The titles of paragraphs in the Terms are shown only for ease of reference and will not affect any interpretation therefrom.

No Waiver. Failure by the Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Notices. All legal notices or demands to or upon the Company shall be made in writing and sent to the Company personally, by courier, certified mail, or facsimile, and shall be delivered to any address the parties may provide. For communications by email, the date of receipt will be the one in which confirmation receipt notice is obtained.  You agree that all agreements, notices, demands, disclosures and other communications that the Company sends to you electronically satisfy the legal requirement that such communication should be in writing.

Severability. If any provision of the Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of the Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

Contact

For any inquiries or complaints regarding the Website, please contact by emailing 

info@ajanaclairwisetravel.com or

scheduling a call https://calendly.com/ajanaclairwisetravel/30-minute-travel-bonding-call.