Terms Of Service

1. Acceptance of the Terms and Service

These Terms of Use and Service, together with any documents or other terms and conditions or agreements expressly incorporated by reference (collectively, the “Terms”), constitute a legally binding agreement between you, or any company you represent (collectively, “You,” “you,” or “User”), and Toby llc (Toby.travel). The Terms govern all User access to and use of https://Toby.travel/, and any other Toby.travel website or client portal (collectively, the “Websites”), any Toby.travel mobile or desktop apps (the “Apps”), and any content, functionality, technology solutions and services offered on or through the Websites or Apps, including free and paid subscription services (collectively, the “Services”), and the purchase of products or goods (the “Goods”) and gift cards available through the Websites or Apps. The Websites, Apps and Services are collectively referred to as the Toby.travel Platform.

Please read the Terms carefully before you start using the Toby.travel Platform. By using the Toby.travel Platform in any way (including viewing or browsing the Website, using the Apps, subscribing to Services, or viewing any Service communications), or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound by these Terms and the Toby.travel Privacy Policy, found at https://Toby.travel/privacy-policy/ and incorporated herein by reference.

This Toby.travel Platform is offered and available to users who are 18 years of age or older. By using the Toby.travel Platform, you represent and warrant that you are of legal age to form a binding contract with Toby llc and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use the Toby.travel Platform.

2. Changes to the Terms

Toby.travel may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when Toby.travel posts them and apply to all access to and use of the Toby.travel Platform thereafter. However, any changes to the dispute resolution provisions will not apply to disputes for which the parties have actual notice before the change is posted.

Your continued use of the Toby.travel Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any updates.

3. Accessing the Toby.travel Platform and Account Security

Toby.travel reserves the right to withdraw or amend the Toby.travel Platform, and any service or material provided on the Toby.travel Platform, at any time in its sole discretion without notice. Toby.travel will not be liable if for any reason all or any part of the Toby.travel Platform is unavailable at any time or for any period. From time to time, Toby.travel may restrict access to some parts of the Toby.travel Platform, or the entire Platform, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Toby.travel Platform.
  • Ensuring that all persons who access the Toby.travel Platform through your internet connection are aware of these Terms and comply with them.

To access the Toby.travel Platform or some of the resources it offers, you may be asked to provide registration details or other information. It is a condition of your use that all information you provide is correct, current, and complete. You agree that all information you provide is governed by the Toby.travel Privacy Policy, and you consent to actions Toby.travel takes with respect to your information.

If you choose, or are provided with, a user name, password or any other piece of information as part of Toby.travel security procedures, you must treat such information as confidential. You must not disclose it to any other person or entity. You are responsible for all activities that occur under your account. You agree to notify Toby.travel immediately of any unauthorized use of your account or any other breach of security.

You also represent and warrant that:

  1. You will not impersonate any person or entity or use a user name of another person with intent to impersonate that person;
  2. You will not use a user name in which another person has rights, if you do not have authorization;
  3. You will not use a user name that Toby.travel deems offensive.

Toby.travel has the right to disable any user name, password or other identifier at any time in its sole discretion.

4. Intellectual Property Rights

The Toby.travel Platform and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Toby llc, its licensors or other providers of such material and are protected by U.S. and international intellectual property laws.

These Terms permit you to use the Toby.travel Platform, including all Services, solely for your personal, non-commercial use. If you wish to make commercial use of any materials accessed through the Platform, you must obtain prior express written consent from Toby llc.

You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store or transmit any of the material on the Toby.travel Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM during access.
  • You may store files automatically cached by your web browser for display enhancement.
  • If Toby.travel provides applications for download, you may download a single copy for personal, non-commercial use, provided you agree to any end user license.

Prohibited Actions

  • Modify copies of materials from the Toby.travel Platform.
  • Use illustrations, photographs, video or audio separate from accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices.

If you print, copy, modify, download or otherwise use or provide access to any part of the Toby.travel Platform in breach of the Terms, your right to use the Platform will cease immediately.

5. Trademarks

Toby.travel name, logos, and all related marks are trademarks of Toby llc. You must not use these marks without prior written permission. All other trademarks are the property of their respective owners.

6. Prohibited Uses

You may use the Toby.travel Platform only for lawful purposes. You agree not to:

  • Violate any applicable law or regulation.
  • Exploit or harm minors.
  • Transmit spam or unsolicited communications.
  • Impersonate Toby.travel or another person.
  • Interfere with the Platform’s operation.
  • Use robots or scrapers without permission.
  • Introduce malicious code.
  • Attempt unauthorized access to the Platform or its servers.

7. User Contributions

The Platform may include interactive features that allow users to post content (“User Contributions”). By posting, you grant Toby.travel a license to use, reproduce, modify, perform, display and distribute such content. You warrant that you own or control all rights in your contributions and that they comply with these Terms.

8. Monitoring and Enforcement; Termination

Toby.travel reserves the right to remove or refuse to post any User Contributions for any reason. Toby.travel may take any action it deems necessary to enforce the Terms or protect the Platform. Toby.travel may suspend or terminate your access at any time.

9. Content Standards

User Contributions must comply with all applicable laws. They must not:

  • Be defamatory, obscene, abusive, harassing or hateful.
  • Infringe intellectual property rights.
  • Promote illegal activity.
  • Contain spam or unsolicited promotions.

10. Copyright Infringement

If you believe any content on the Platform infringes your copyright, please send a notice to:

DMCA Agent
5830 E 2nd St, Ste 7000 #27231 Casper, Wyoming 82609

Email: support@Toby.travel

11. Reliance on Information Posted

Toby.travel provides information solely for general information purposes. You rely on it at your own risk. Toby.travel is not responsible for errors or omissions.

12. Changes to the Toby.travel Platform

Toby.travel may update content on the Platform from time to time, but is not obligated to do so.

13. Paid and Premium Services; Free Trials; Cancellation

If you purchase Premium Services, you agree to pay applicable fees. Toby.travel may offer free trials; if you do not cancel before the trial ends, you will be billed. Subscription renews automatically unless you cancel before the end of the term.

14. Toby.travel for Teams

Employers may purchase group subscriptions (“Teams Orders”). Employer must invite users via email and each user must agree to these Terms.

15. Purchase of Goods

All sales of physical goods are final. No returns, exchanges or refunds unless required by law.

16. Gift Cards

Gift cards are non-refundable and may only be used for Toby.travel subscriptions unless required by law.

17. Information About You and Your Visits

All information collected is subject to the Toby.travel Privacy Policy.

18. Linking to the Toby.travel Platform and Social Media Features

You may link to Toby.travel homepage provided it is legal and not misleading. You must not frame or deep-link without consent.

19. Links from the Toby.travel Platform

The Platform may contain links to third-party sites. These are provided for convenience; Toby.travel has no control over them.

20. Additional Mobile App Terms

License Grant

Subject to these Terms, Toby.travel grants you a limited, non-exclusive license to download, install, and use the mobile App.

License Restrictions

You shall not copy, modify, reverse engineer, rent or distribute the App.

Updates

Toby.travel may provide Updates; you agree to install them.

Third Party Materials

The App may contain third-party content; Toby.travel is not responsible for it.

21. Geographic Restrictions

Toby llc is based in Colorado. Toby.travel makes no claims that the Platform is accessible or appropriate outside the U.S. If you access from elsewhere, you do so at your own risk.

22. DISCLAIMER OF WARRANTIES

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. Toby.travel DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

23. LIMITATION ON LIABILITY

IN NO EVENT WILL Toby.travel OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

24. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Toby.travel and its affiliates from any claims arising out of your breach of these Terms or your use of the Platform.

25. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the State of Colorado. Any dispute must be brought exclusively in state or federal court in Denver, Colorado.

26. ARBITRATION

Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association in Denver, Colorado under the FAA.

27. LIMITATION ON TIME TO FILE CLAIMS

Any claim must be commenced within one year after it accrues or be forever barred.

28. WAIVER AND SEVERABILITY

No waiver by Toby.travel of any term shall be deemed a waiver of any other term. If a provision is held invalid, the remainder of the Terms remain in effect.

29. ENTIRE AGREEMENT

These Terms, the Privacy Policy, and any other incorporated agreements constitute the entire agreement between you and Toby.travel.

30. YOUR COMMENTS AND CONCERNS

All notices and other communications should be directed to:
support@Toby.travel