Membership Terms of Service
1. Agreement
1.1. This Membership Agreement ("Agreement") is a contract between Easy Go Traveler LLC, dba TravelWealth, a Nevada limited liability company ("TW") and the individual signing up for membership services via TW’s website (the “Member"). “Member” shall be deemed to include any partner, family, acquaintance, agent, heirs, or other individual(s) utilizing TW's services via Member’s account and/or relationship with TW.
1.2. Member enters into this Agreement, and agrees to be bound by it, upon enrolling in a subscription payment plan (the "Subscription") to TW as part of TW's membership registration process. Member's enrollment in the Subscription shall serve as an electronic signature and acceptance of this Agreement. Alternatively, in case Member was not presented with a link to the Subscription, any use of TW's service by Member shall be deemed to constitute acceptance by Member of the Agreement.
1.3. TW shall have the right, in its sole discretion, at any time and without prior notice, to modify this Agreement and any terms thereof. Such modifications shall be effective immediately upon TW publishing the modified Agreement on its Website, or otherwise informing the Member about the modification. In the event Member does not receive the notification, or does not explicitly acknowledge the acceptance of the modified Agreement, for whatever reason, the modified Agreement will still take effect immediately upon its publication by TW, as stated in this section. Furthermore, any use of TW Service by Member, after the date of such publication, shall be also deemed to constitute acceptance by Member of the modified Agreement.
2. Service
2.1. TW may provide one or more of the following services to Member (“Service” or “Services”):
a) Use of TW’s website and its subdomains (the "Website") and any functionality available on the Website. The term Website shall include any written communications (email) that TW may send to Member.
b) Consultation or advice provided to Member by TW.
c) Services shall not include any products, goods, or services provided by any third party (including, but not limited to services provided by airlines, hotels, credit card companies, or other products/services recommended to Member by TW).
2.2. TW is a consultant providing Member with recommendations and advice pertaining to Travel and Credit Card Reward Programs. TW will take best efforts to provide Member with consultation on strategies to earn points / miles, and TW may assist Member in booking travel arrangements. Services provided to Member by TW shall be in TW's sole discretion. TW may refuse to provide consultation services to Member. TW makes no warranty as to the timeliness, quality, quantity, effectiveness, or value of the Services.
2.3 TW does not provide transportation, accommodation, or any other travel services. TW's Services are limited to consultation services.
2.4 TW does not provide financial advice, tax advice, credit repair, or any financial services. TW’s role is limited to providing advice and recommendations in furtherance of the Services. TW may also recommend and/or connect Member with third party service providers; Member agrees to hold TW harmless from any services performed by third parties including banks, credit card issuers, and other service providers. TravelWealth Member is under no duty to follow the advice or recommendations of TW. Member understands that he/she has the opportunity to seek advice from a third party financial advisor and/or tax professional prior to taking any action which may have a financial impact upon Member, including, but not limited to, applying for credit cards, canceling credit cards, and making purchases or using the services of third parties. Member relies upon TW's Services at Member's sole risk.
2.5. TW shall have the right, in its sole discretion, at any time and without prior notice, to modify the Services or any part thereof. Any modified portion of the Services shall be subject to this Agreement.
3. Charges and Consideration
3.1. For the Services, Member agrees to pay to TW a mutually-agreeable fee (the “Fee”), payable in advance at the beginning of each membership month. The mutually-agreeable fee may be agreed upon by TW and Member verbally or in writing, but in any case, the amount of the Fee shall be deemed accepted by both Parties, whether explicitly or implicitly, when no objection thereto is made by either party within 48 hours of the payment being processed on the method of payment provided by Member to TW. TW may, upon thirty (30) days prior notice, change the amount of the Fee for any future, unpaid month. If Member does not agree to the new Fee, Member may terminate the Services as set forth herein. In addition to the Fee, Member is responsible for (i) all costs associated with carriers, hotels and other suppliers providing travel or other services to Member and (ii) all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Member hereunder. Member agrees to provide TW with current, complete, accurate and authorized payment information (e.g. credit card or ACH). Member represents and warrant to TW that Member is authorized to use the designated payment method and hereby authorizes TW to (i) charge such payment method for the total amount of Fees (including any applicable taxes and other charges) when due, (ii) charge such credit card or other payment method on a periodic recurring basis in accordance with the terms set forth herein, (iii) use a third-party to process such payments, and (iv) disclose such payment information to such third-party. In the event TW is unable to process payment for any amounts owed, TW may suspend or terminate the Services at any time following such payment failure.
3.2. Upon subscribing to a TW membership, Member agrees to pay the Fee. Subject to the terms set forth in this Agreement, Member is agreeing to pay to TW the Fee for a minimum period of one year (the "Minimum Fee"). Member may terminate this Agreement in accordance with the terms set forth in Section 9.4 of this Agreement. In case of termination of this Agreement by the Member for any reason, Member remains responsible for payment of the Minimum Fee to TW. Upon termination by Member, Member shall not be eligible for any refund of membership fees collected by TW. In case of termination by TW for any reason and at any time, Member will not be eligible for any refund, however TW may, in its sole discretion, issue a partial refund to the Member, prorated by the amount of time that Services were actually provided relative to the full Subscription period.
3.3. TW shall have the right to correct billing errors at any time. Member must notify TW within 60 days of any errors in billing. Member releases TW from all liability and claims of loss resulting from any error that Member does not report to TW within 60 days after the error appears on Member’s credit card statement.
3.4. In the event Member defaults on a payment or otherwise refuses to pay the Minimum Fee, TW reserves the right to accelerate all payments Member owes through the end of the one year membership period for immediate payment. TW may automatically bill such accelerated payment of the Minimum Fee to Member’s account without notice.
4. Content and Proprietary Rights
4.1. For the purposes of this Agreement, “TW Content” shall mean data and information which may be text, audio, video, graphics, web links, or of other nature, which had been developed by TW itself, or sourced from other third parties. TW obtains TW Content from multiple sources. Some of the TW Content is owned by TW, and some may be owned by other third party providers or other members of the Service. All TW Content is the sole property of TW or a third party provider as the case may be, and is protected by United States and international copyright laws. Member may not post, display, publicly perform, distribute, sell, reproduce, create derivative works of, or otherwise exploit in any way any TW Content without obtaining the prior written consent of TW or the owner or holder of property rights to the particular element of TW Content. Nothing in this Agreement, or otherwise between TW and Member, should be construed as granting any license to TW Content to the Member.
4.2. For the purposes of this Agreement, “Member Content” shall mean any data and information which may be text, audio, video, graphics, web links, or of other nature, which had been provided to TW by Member, by any means including TW Website, TW social media accounts, or any other platform monitored, managed, or otherwise hosted by TW. Member shall not submit Member Content which is harassing, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to a reasonable person. Member agrees not to submit to TW any Member Content without first obtaining the prior written consent of the owner or holder of property rights to any particular elements of the Member Content which may be owned by third parties other than Member.
4.3. TW shall have the right, at any time, with our without notice, in its sole discretion, to monitor Member Content, and reject, modify, or delete any Member Content. Notwithstanding the foregoing, Member acknowledges that TW is not required to moderate content submitted by third parties or other members, and that Member may be exposed to inappropriate content, which shall not cause any liability to TW.
5. Member Representations
5.1. Member represents and warrants that:
a) Member is a natural person who is at least 18 years old, or a duly registered incorporated business entity.
b) Member has the right and power to enter into this Agreement.
c) Member provided the registration information that is true, accurate, current and complete, and will make timely updates to keep it current at all times.
d) Member must evaluate, and bear all risks associated with, the use of any content, data, or information derived from the Services, including any reliance on the accuracy, completeness, or usefulness of such content.
e) The right to use the Services is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member's account and for ensuring that all use of the Services complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member's third-party accounts, passwords, and personal data.
f) Member shall not duplicate, reproduce, redistribute, sell, or exploit for any commercial purposes, any of the Service or TW Content to any third party.
g) Member will not use the Services in any way that would lead to a breach of a law, order or regulation. Member will not use the Services in any way that would lead to infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party.
h) Member will not use the Services in any way that would lead to a breach any terms of service, terms of use, or other similar agreement with any third party, that the Member may have agreed to be bound by.
g) Member will not use the Services in any way that TW deems, in its sole discretion, to be an abuse, misuse, harmful, or otherwise improper utilization of the Services.
5.2. IF MEMBER PROVIDES ANY THIRD-PARTY SIGN-IN CREDENTIALS TO TW, MEMBER HEREBY EXPRESSLY APPROVES TW TO ACT AS ITS AGENT AND TO LOG INTO SUCH THIRD-PARTY WEBSITES USING SAID SIGN-ON CREDENTIALS IN ORDER TO RETRIEVE INFORMATION ASSOCIATED WITH MEMBER’S ACCOUNT WITH SUCH THIRD-PARTY WEBSITES. Member agrees to comply with the terms, conditions and rules of the third parties that Member has accounts with.
6. TW Representations
6.1. THE TW SERVICES AND TW CONTENT ARE PROVIDED “AS IS” AND "AS AVAILABLE". TW MAKES NO WARRANTY THAT: (a) SERVICE WILL MEET MEMBER’S REQUIREMENTS; (b) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
6.2. TW SHALL NOT BE LIABLE FOR ANY ERRORS IN THE TW CONTENT, OR FOR ANY ACTIONS TAKEN BY MEMBER OR OTHERS IN RELIANCE THEREON. ANY USE OF THE TW SERVICE AND TW CONTENT IS AT MEMBERS SOLE AND ABSOLUTE RISK.
6.3. TW MAKES NO REPRESENTATIONS AND GRANTS, NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TW DOES NOT WARRANT THAT WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.4. TW is under no obligation to operate, maintain, or repair TW Service or provide TW Content. TW has no responsibility or liability for the deletion or failure to store any Member Content and other data maintained or transmitted by the TW Service.
6.5. TW may display or send via email advertising and provide links to external websites. TW may have business relationships with some of the advertisers on TW Website and other TW Content, and may receive financial or other compensation when a member chooses to engage in business dealings with such third parties. TW is not responsible for examining or evaluating the websites or offerings of the third parties. Member’s dealings with advertisers found on or through TW Content, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Member and such third party. TW shall not be responsible or liable for any loss or damage of any sort incurred by Member as the result of any such dealings, even if TW assisted in billing for the third-party offering.
6.6. TW reserves the right to access Member’s account and Member’s Content, monitor Member’s activity with the Service, and use the resulting information about the Member in order to enhance, configure and customize TW Service, or other operational and business purposes.
7. Liability
7.1. IN NO EVENT SHALL TW BE LIABLE TO MEMBER OR THIRD PARTIES FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, DISCLOSURE OF DATA, LOSS OF REPUTATION, DEFAMATION, COPYRIGHT OR PATENT INFRINGEMENT, OR CLAIMS BY THIRD PARTIES, OR FOR OTHER COSTS OR CLAIMS, OR ANY FORM OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF TW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH DAMAGES ARE CAUSED WHOLLY OR IN PART BY THE NEGLIGENCE, ERROR, OR OMISSION OF TW, ITS EMPLOYEES, SUBCONTRACTORS, AND THEIR RESPECTIVE AGENTS.
7.2. THE TOTAL CUMULATIVE LIABILITY OF TW IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY MEMBER TO TW FOR THREE (3) MONTH PERIOD PRECEDING THE OCCURRENCE OF LIABILITY.
7.3. The limitations on and exclusions of liability for damages in this Agreement apply regardless of the form of action, regardless of whether any remedy has failed its essential purpose, and regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranty, or any other legal theory.
7.4. Without limiting the foregoing, Member expressly agrees that:
a) While TW may provide information about third party goods and services, it is Member’s responsibility to verify terms, conditions, policies, and procedures of any third party services related to accumulation or use of miles / points, and in case if any miles / points are lost as a result of inaccurate information reported by TW or any other reason, TW is not liable for such loss in any way.
b) While TW may gather Member itineraries and may notify Member of flight information, TW is not responsible for missed flights due to inaccurately reported dates or times of such flights. Member is responsible to verify itinerary details directly with third party providers such as airlines, hotels, rental cars, etc.
c) TW is not responsible or liable for modification or cancellation of Member’s reservations by the corresponding third party travel providers.
d) TW is not responsible and does not guarantee the availability of award flights, the value of award redemptions provided by third party providers, or the availability or quality of any services provided by third parties.
8. Indemnification
8.1. Member will indemnify, defend and hold harmless TW and TW’s officers, shareholders, directors, employees, agents (collectively, the “TW Indemnified Parties”), from and against all liabilities, obligations, causes of action, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including attorneys’ and accountants’ fees and disbursements) including without limitation, damage to property or bodily injury, and costs arising from a claim, demand, proceeding, suit or action by a third party (“Third Party Claims”), incurred by or asserted against any of the TW Indemnified Parties to the extent such Third Party Claims relate to, arise out of or result from Member’s use of TW Service and TW Content, including but not limited to: (i) any willfully or intentionally wrongful, or negligent, act or omission of the Member or any of its employee, agent or subcontractor, relating to this Agreement; (ii) Member’s failure to perform or improper performance under this Agreement, or breach of or inaccuracy in any of Member’s representations or warranties contained in this Agreement; (iii) any actual or alleged infringement or misappropriation of any intellectual property right by Member; (iv) Member’s failure to comply with any laws. This indemnity shall survive termination of this Agreement.
9. Term and Termination
9.1. The effective date of this Agreement is the date of acceptance of this Agreement by the Member, by means of clicking to confirm enrollment in a Subscription as part of the registration process with TW, or the day of the first use of TW Services by Member, whichever is earliest.
9.2. TW shall have the right, in its sole discretion, at any time and without prior notice, to:
a) restrict, suspend, or terminate Member’s access to all or any part of the TW Services.
b) delete Member Content, Member data, Member account, or any other information associated with the Member.
c) terminate this Agreement.
9.3. When TW terminates this Agreement, it will make a reasonable effort to notify the Member about such termination and the effective date thereof, though lack of such notice shall not be constructed as a limitation of TW’s ability to terminate without notice.
9.4. No earlier than 12 months after Member enrolls in a Subscription for TW Services, Member shall have the right to terminate this Agreement by notifying TW in writing with no less than 30 days advance notice. In the event that Member utilizes TW Services to make travel arrangements that take place after the 12th month of service, Member thereby agrees to extend the term of the membership and may not submit a notice to terminate the Agreement until any travel plans arranged by TW have concluded. In the event of Termination by Member, all Membership Fees paid by Member for TW Services shall be forfeited to TW. For avoidance of doubt, not using TW Service by the Member for any period of time does not constitute termination of this Agreement.
10. Miscellaneous
10.1. This agreement contains the entire understanding of the parties hereto relating to the subject matter hereof. Modifications and amendments to this Agreement shall be valid and enforceable only if they are in writing and are published by TW as described herein or otherwise communicated by TW to Member, or are signed by authorized representatives of both parties.
10.2. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party.
10.3. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance shall at any time or to any extent be determined to be invalid or unenforceable under any provision of applicable law, then such provision shall be replaced by a valid provision which comes closest to the intentions of the parties to this Agreement. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision of this Agreement.
10.4. TW may assign this Agreement, in whole or in part, at any time with or without notice. Member shall neither assign nor delegate its rights or obligations hereunder in whole or in part to any person.
10.5. This Agreement, and all matters or issues collateral hereto, shall be governed by and construed and interpreted in accordance with the laws of the State of Nevada, without regard to any principles of choice or conflicts of law.
10.6. Member agrees that breach of this Agreement by Member will cause irreparable harm to TW, for which monetary damage would be difficult to ascertain or insufficient to remedy, thereby entitling TW to immediate, injunctive relief without the requirement of posting bond or paying costs.
10.7. Any dispute relating to this Agreement shall be submitted to arbitration in Las Vegas, Nevada. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
10.8. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including attorneys’ fees.
10.9. Any provision of this Agreement that contemplates performance or observance subsequent to any termination or expiration of this Agreement will survive this Agreement for the period of such performance or observance.
10.10. By accepting these Terms and Conditions, Member agrees to receive text messages from TW at any phone number provided by Member. Message and data rates may apply. Member may reply STOP to opt out or HELP for additional information. Contact TravelWealth for more details.
Last updated: February 26, 2024