The Travois.com website is owned and operated by Travois Holdings, Inc. (“Travois”, “we” or “us”). Travois has adopted these Terms of Use (“Terms of Use”) to make you aware of the terms and conditions governing your use of the website. If you do not agree to these Terms of Use we respectfully ask that you please not use the website. We may at any time, at our sole discretion, revise or otherwise update these Terms of Use by posting an amended Terms of Use on the website and any changes that we make to these Terms of Use will be effective immediately upon posting. Please check this page periodically for changes to the Terms of Use. Your use of this website after the date hereof constitutes acceptance of the updated Terms of Use.

Intellectual Property Information

The Travois name and logo are trademarks or registered trademarks of Travois or its subsidiaries and affiliates.

Note that any program, publication, design, product, process, software, technology, information, know-how or idea described in this website may be the subject of other rights, including other intellectual property rights, which are owned by Travois or other interested parties and are not licensed to you hereunder.

Disclaimer

This website and the information contained therein is provided by Travois and is intended to provide general information on particular subjects, and is not an exhaustive treatment of such subjects. Accordingly, the information contained on the Travois.com website is not intended to constitute legal, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action that might affect your personal finances or business, you should consult a qualified professional advisor.

THIS WEBSITE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. TRAVOIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, TRAVOIS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Certain links contained on the Travois website lead to resources and information maintained by third parties over whom Travois has no control. Travois makes no representations or warranties as to the accuracy of, or any other aspect relating to those resources.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRAVOIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRAVOIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL TRAVOIS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

Indemnification

You agree to defend, indemnify and hold harmless Travois, its subsidiaries, affiliates and suppliers, and each of their respective owners, managers, members, shareholders, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the website; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use by you of the information provided on the website; or (d) any allegation that anything you transmit through or in connection with the website infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

Jurisdictional Issues

The website is controlled and operated by Travois from its office in Kansas City, Missouri, USA, and is not intended to subject Travois to the laws or jurisdiction of any state, country, or territory other than that of the State of Missouri. Travois does not represent or warrant that the website or the information contained therein, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the website do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the website to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.

Governing Law and Forum

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITE, ITS USE OR THESE TERMS OF USE, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN JACKSON COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Miscellaneous Terms

If any provision of these Terms of Use is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. A party’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms of Use.