- 1. Services. USTA shall provide You with advisory and consulting services in order to assist You in navigating situations involving US Embassy protocol, local law enforcement, and general security matters in a particular country (collectively, the “Services”). USTA shall provide You with advisory and consulting services in order to assist You in navigating situations involving US Embassy protocol, local law enforcement, and general security matters in a particular country (collectively, the “Services”).
- 2. Term and Termination. This Agreement shall commence as of the date set forth on the Application you submit to USTA (the “Effective Date”) and shall continue in effect until either party provides the other party with written notice of termination (the “Termination Date”). You understand that you must engage services of USTA prior to the emergence of an incident, and not in a post-facto manner. You will be able to terminate your subscription at any time and without penalty on your Client Dashboard.
- 3. Fee. In exchange for the Services, You agree to pay USTA $10/day (for short term travelers) for the days you wish your coverage to be in place, as You indicate in our Sign Up from. Longer term travelers agree to pay USTA an initial, non-refundable sign-up fee of $150 and a reoccurring monthly fee of $75. USTA shall charge all fees to the credit card number You provide to USTA in Your application or by such other method as is mutually agreed upon. Fees will be charged in monthly increments until such time as You cancel Your subscription. Upon termination of Your subscription no future fees will be charged.
- 4. Information Provided by You. You represent and warrant that all information that You provide to USTA is accurate and complete and that you will provide updated information as necessary.
- 5. No Warranties; Disclaimer. USTA makes no warranties, claims, promises, or guarantees with respect to any particular outcome for you based upon your use of the services or the services of third party vendors that USTA recommends. The services are meant to assist you by providing you with information and possible third party vendor or other contact names and phone numbers and are not intended to provide or act as a substitute for legal advice, medical services, personal bodily protection (e.g. hired bodyguard), or private detective or private investigator services. You should consult with your own legal advisor before taking any action based on the services provided. The services provided are for advisory and informational purposes only and USTA cannot guarantee any particular outcome for you based on your use of the services or the services of third parties that USTA recommends.
- 6. Limitation Of Liability. To the maximum extent permitted by applicable law, in no event will USTA be liable for any indirect, special, incidental, consequential or punitive damages arising out of your use of the services, including for any and all commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. You agree that in no event shall USTA be liable to you for any amount in excess of the amount that you have paid USTA for the services.
- 7. Indemnification. You agree to indemnify, defend and hold USTA harmless from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by You of this Agreement or Your use of the Services.
- 8. Miscellaneous. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and USTA agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of Westchester. The failure of USTA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are a significant and material condition for USTA providing You the Services. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. This Agreement, and any rights You may have under this Agreement, may not be assigned by You for any reason and any attempted assignment shall be void. USTA has the right to amend this Agreement at any time by posting the revised Agreement on its website, which You agree to check on a regular basis. All terms which by their nature survive termination or expiration of this Agreement shall survive.