Tern User Conference Terms and Conditions

These terms and conditions (“Terms and Conditions”) govern the relationship between Tern Software, Inc. d/b/a Tern Travel (“TERN” and/or “we/us/our”) and you, the purchaser or traveler (“Client” and “Passenger” and “you/your”) attending a user conference aboard a cruise (“Event”) operated by Virgin Voyages (“Supplier”). By registering to attend the Event, you agree to be bound by these terms and acknowledge that TERN acts solely as the Event sponsor, and is neither the booking agent, nor the source or provider of any travel services. These terms include warranties and disclaimers and exclusions of liability and may restrict your rights and remedies and provide protection to TERN.

1. USE OF TERN SERVICES, ACCESS AND INFORMATION FOR TRAVEL BOOKINGS

You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to attend the Event. You agree to be financially responsible for the registration fee and other costs of attending and participating in the Event for yourself and other members of your traveling party. You warrant that all information supplied by you on behalf of yourself, members of your household, or others for whom you are authorized to transact business with us is true and accurate. You agree that you will only make legitimate reservations or purchases with TERN and its Suppliers, and you acknowledge that, without limitation, any speculative, false, or fraudulent reservation is prohibited.

TERN is neither the booking agent nor the Supplier for the cruise portion of the Event. Separate Supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services, and you understand and agree that by registering for or attending the Event, you are also agreeing to the booking terms the Supplier. You agree that you will abide by the terms and conditions of the Supplier.

TERN is not liable or responsible for any arrangements made in conjunction with your attendance at the Event. TERN assumes no responsibility for costs or fees you incur for independent arrangements inclusive of, but not limited to, airline, hotel, excursion, and travel protection related charges. If you make your own flight arrangements, TERN is not responsible for any loss resulting from cancellation or changes in international gateways, itineraries, or travel dates, and cannot assist you with any schedule changes or delays related to air reservations you have made on your own arrangement.

2. RIGHT TO CORRECT ERRORS AND OFFERS SUBJECT TO AVAILABILITY

We reserve the right to correct errors in pricing. In the event of any pricing error or omission, we reserve the right to adjust such pricing or make any other corrections. Any offers, incentives and Supplier promotions are subject to availability and may change without notice. You are advised to confirm reservations well in advance of your anticipated dates of travel to avoid disappointment, increases in fares and additional late booking fees.

3. PAYMENTS, CANCELLATIONS, AND CHANGES TO BOOKINGS

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your registration for the Event. By submitting a credit card authorization form to TERN, you agree to allow TERN and its booking agency to use your payment method to register you for the Event, and to reserve your cruise cabin with the Supplier. EXCEPTING IN CASES OF FRAUD, YOU AGREE NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID OR VIOLATE ANY BOOKING TERMS AND CONDITIONS OF TERN OR ITS SUPPLIER, INCLUDING CANCELLATIONS OR CHANGES OF ITINERARY OR ARRANGEMENTS FOR REASONS BEYOND THE CONTROL OF TERN OR ITS SUPPLIER. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED TRIP PAYMENT, TERN RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH SUCH CHARGEBACK, REVERSAL OR RECOLLECTION, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES.

All payments for travel are due by the date specified on the invoice. The Supplier may require non-US travelers to make payments in United States Dollars,. You understand that failure to make final payment or any violation of the Supplier conditions of purchase may result in cancellation of your reservations, in your being denied access to the Event and any travel services connected to the event, or in your forfeiting any monies paid for your reservations. In some cases, there is NO REFUND once a booking is made and under deposit. You may not be entitled to a refund if you change or cancel your travel plans after confirmation of a booking. All cancellation requests must be sent to TERN in writing. As a result of cancellation or changes to confirmed bookings, TERN's and Supplier’s cancellation penalties will apply. Cancellation fees will be charged to the credit card or other payment method you authorized to pay for travel services or deducted from the Supplier’s refund.

4. TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS

It is the responsibility of each Client to obtain and carry a valid passport book, visa(s), and all other documents required by applicable government regulations. Passport cards are not accepted for most international travel. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/ and examples include DHS-designated enhanced driver’s license, US passport, or a foreign government passport.

Certain countries will not admit a Passenger if their passport expires within six (6) months of the anticipated date of return. Non-United States citizens may require additional documentation, and you are responsible to make TERN aware when traveling on a passport from a country other than the United States of America. TERN neither controls nor warrants the issuance of visas or approval of visa waivers related to your travel. Should a visa not be issued, TERN is not responsible for lost payments made toward your trip. Please note that rules of each country regarding entry and exit may change at any time.

The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on your tickets and booking records. You acknowledge that it is your responsibility to ensure that the information on your tickets and confirmations is accurate. Any discrepancy between your reservation and your travel documentation may result in denied boarding or an undue delay at an airport security checkpoint causing you to miss your flight, and any subsequent scheduled travel bookings on cruises and tours.

WHEN YOU RECEIVE YOUR TRAVEL DOCUMENTS, IT IS YOUR RESPONSIBILITY TO REVIEW AND VERIFY ALL INFORMATION FOR ACCURACY. CONTACT TERN IMMEDIATELY IF CHANGES OR CORRECTIONS ARE REQUIRED. IF YOU HAVE NOT NOTIFIED US OF NECESSARY CORRECTIONS TO YOUR RESERVATION WITHIN TWENTY-FOUR (24) HOURS OF RECEIVING YOUR TRAVEL DOCUMENTS, TERN BEARS NO RESPONSIBILITY FOR ANY ADDITIONAL COSTS ASSOCIATED WITH MAKING NECESSARY CORRECTIONS.

5. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS

Each country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or prior criminal offense, contact that country directly for entry and exit requirements. You can visit the US State Department Website for further information about these requirements. See, https://travel.state.gov/content/travel.html. We do not inquire about an individual’s criminal record in the interest of respecting our Clients’ privacy.

6. IMMUNIZATIONS AND HEALTH SCREENINGS

You must have the proper immunizations and health screenings and required documentation of such immunizations and screenings before travel. TERN shall not assume responsibility for the accuracy of health, vaccination, or documentation requirements prior to departure or upon landing at the final destination. In some cases, required inoculations must be recorded by Client’s health practitioner on a valid vaccination certificate, which the Client must carry for proof of inoculation. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the Center for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues related to travel.

7. ACCESSIBILITY, TRAVELERS WITH DISABILITIES, SPECIAL TRAVEL NEEDS.

Travelers with disabilities or special needs who may require non-emergency special services, additional support or accommodation of a disability should advise us in advance of booking, so that we can request assistance or arrange for appropriate services or equipment. In some cases when travelers are unable to use their own wheelchairs, mobility devices, medical equipment or devices, rental of special equipment or devices may result in additional charges.

In order to travel with a service animal or emotional support animal, the Suppliers may require advance arrangements and special documentation of the animal’s health and training.

When traveling outside of the United States or Canada, laws and regulations will often apply different standards of accommodation for travelers with disabilities or special needs. While we are committed to assisting travelers with disabilities or special needs who register for the Event, TERN is not responsible for the failure of the Supplier or other service providers in those countries to meet the needs of travelers. Additionally, the laws and regulations of local jurisdications covering travelers with disabilities or special needs may change without prior advance notice and TERN bears no responsibility in case of changes in the legal or regulatory framework of the places you may visit on your trip.

Certain destinations may have limited medical facilities or limited availability of prescription medications. We recommend that you consult with your health practitioner to discuss the details of your trip. Certain travel insurance plans may provide access to emergency medical care, medical evacuation and replacement of prescription medication. WE RECOMMEND THE PURCHASE OF COMPREHENSIVE TRAVEL INSURANCE ON ALL BOOKINGS.

8. RISKS AND SAFETY

Travel often involves risk. TERN urges Clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on health and safety conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/

BY OFFERING FOR SALE TRAVEL IN CONJUNCTION WITH THE EVENT, TERN DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLIENT’S PARTICIPATION IN THE EVENT CONSTITUTES ACCEPTANCE OF SUCH RISK.

If you use, consume, or are under the influence of alcohol or illegal drugs prior to or while attending the Event or participating in related activities, YOU ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by TERN or third parties, and you indemnify TERN from any and all liability for any damage to property or personal injury to any third party, resulting from your participation in the Event, while, during, or after consumption of illegal drugs or alcohol.

9. LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE

TERN is not the source or provider of any travel service. The Supplier is an independent entity with its own management and is not subject to the control of TERN. The Supplier is actually responsible for providing the travel services as part of the Event package, and you consent to the use of the Supplier to provide those services.

The Supplier may determine that alterations in itinerary are necessary for any number of reasons, including but not limited to severe weather. Any alterations to an itinerary are at the sole discretion of the Supplier, and TERN bears no responsibility for any changes.

BECAUSE TERN ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE THAT TERN IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. TERN HEREBY DISCLAIMS ANY LIABILITY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY PRINCIPAL SUPPLIER BOOKING THROUGH TERN, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, WILLFUL ACTS, OMISSIONS OR OTHERWISE OF SUCH SUPPLIER, OR OF ANY SUPPLIER OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVANTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO DELIVER 0R THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES, THEIR CANCELLATlON AND REFUND POLICIES, FUEL INCREASES, BANKRUPTCY, OR CESSATION OF OPERATIONS AND OTHER MATTERS OUTSIDE OF TERN’S CONTROL, AND YOU HEREBY EXONERATE TERN FROM ANY LIABILITY WITH RESPECT TO THE SAME.

10. FORCE MAJEURE

TERN will not be in breach of these terms and conditions or otherwise be liable to you, for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, including web host and internet service provider, breakdown or malfunction of equipment, destruction of or serious damage to facilities, natural catastrophes including, but not limited to extreme weather events, floods and volcanic eruptions, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, and any other unforeseen circumstance which is beyond the control of TERN. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.

In addition, TERN’s Supplier has terms and conditions which include Force Majeure provisions. In the event that a Force Majeure event occurs, those Suppliers may be entitled to, and may in their sole and absolute discretion, vary, postpone or cancel any itinerary or arrangement in relation to the trip. Payment of any refund to you as a result of the non-performance of any obligations hereunder shall remain in the sole and absolute discretion of the Supplier pursuant to their policies, although TERN shall use its reasonable efforts to secure reimbursement for you where possible.

11. CLIENT CONDUCT

Each participant in any trip escorted by TERN is expected to act responsibly and adhere to all behavior guidelines established by TERN and our Supplier. TERN and the Supplier reserve the right to remove you from the Event or any facility or transportation connected to the Event if your health or your conduct appears to endanger yourself or others, disrupts the general well-being of other attendees or participants in the Event, or interferes with the operation or security of the ship’s facilities. In any such case, there will be no refund.

When you register for the Event, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to TERN or the Supplier. You must indemnify TERN for the full amount of any claim (also including legal costs) made against us. We are not responsible for any costs incurred concerning a guest removed from a trip, or any portion of a trip. You agree not to hold TERN or any of its related entities liable for any actions taken under these terms and conditions. Baggage and personal effects are at all times the sole responsibility of the Passenger.

Any transportation, possession or use of illegal drugs or weapons may result in immediate removal from the Event and may result in prosecution by law enforcement authorities. You are responsible for knowing and observing the licensing laws for possession of weapons and drug possession, (including prescription and over the counter drugs) for all countries and states you are visiting. Laws may require you to carry a prescription from your doctor.

12. TRAVEL INSURANCE

YOU ACKNOWLEDGE THAT TRAVEL INSURANCE IS AVAILABLE TO PROTECT PASSENGERS AND THEIR INVESTMENT IN TRAVEL. TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF ATTENDING THE EVENT TO PROTECT AGAINST THIRD PARTY SUPPLIER DEFAULT/BANKRUPTCY PROTECTION, DELAY, INTERRUPTION, MISSED CONNECTION FOR CRUISES, CANCELLATION, MEDICAL EMERGENCY TRANSPORTATION/EVACUATION & REPATRIATION, BAGGAGE & PERSONAL EFFECTS/LOST LUGGAGE & BAGGAGE DELAY, ILLNESS, JOB LOSS PROTECTION AND CHANGE OF PLANS, ACCIDENTAL DEATH AND DISABILITY, TRAVEL ACCIDENT/SICKNESS MEDICAL EXPENSES, AND MORE. PROPER INSURANCE MAY PROTECT YOU FROM FINANCIAL LOSS IN ALMOST ALL CIRCUMSTANCES. Without appropriate travel insurance, you understand and agree that if you cancel or interrupt your travel for any reason, portions of the trip/tour may not be refunded and TERN’s and the Supplier’s cancellation penalties will apply resulting in the loss of monies up to the full cost of Client’s travel booking and related costs. The purchase of travel insurance is not required in order to register for or attend the Event, however if you decline to purchase insurance, TERN may require that you execute an insurance waiver. TERN is not a licensed insurance broker, and is not qualified or authorized to answer technical questions about benefits, exclusions, and conditions of any of the insurance offered, nor evaluate the adequacy of the prospective insured’s existing insurance coverage. An additional charge applies for any travel insurance selected. It is your responsibility to know what your insurance policy covers, and to put alternative coverage in place, if you wish to insure for conditions that are excluded by your policy. TERN CANNOT GUARANTEE THAT ANY INSURANCE PROVIDER WILL APPROVE COVERAGE FOR A CLAIM MADE UNDER THE INSURER’S POLICY AND MAKES NO REPRESENTATIONS ABOUT THE EXTENT OF COVERAGE FOR ANY POLICY.

13. RESERVATION OF RIGHTS AND CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time. Updated versions of the Terms will be provided to Clients, will be posted on our website and are effective immediately on posting.

14. GENERAL

The laws of the State of Michigan govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Wayne County, Michigan in all disputes arising out of or relating to travel bookings with TERN. Any claim against TERN must be brought within 12 months after the date of the completion of the trip and not later. TERN shall not in any case be liable for damages other than compensatory damages, and you waive any right to claim punitive or exemplary damages. You agree that you may only bring claims in your individual capacity and not as plaintiffs or class members in any class action, proposed or purported class action, or other representative action, regardless of the type of proceeding. You expressly agree to waive and forego any and all rights to bring any such class actions, purported or proposed class actions, or representative actions.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Client and TERN with respect to registration for, attendance at and participation in the Event and any travel bookings associated with the Event by any means, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Client and TERN with respect to communications with TERN. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.