Trip Canvas™ Terms of Use

 

Last Modified: October 2024

 

Welcome to Trip Canvas™, a service provided by The American Automobile Association, Inc. ("AAA", "we" or "us"). The following terms of use, together with any documents they expressly incorporate by reference ([collectively, these "Terms "), govern your access to and use of Trip Canvas™, including any content, functionality and services offered on or through Trip Canvas™ (the "Services"), whether as a guest or a registered user. These Terms permit you to use the Services for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services

 

Please read the Terms carefully before you start to use the Services. By using the Services 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 and abide by these Terms and our Privacy Notice, found at https://www.aaa.com/privacytripcanvas incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Notice, you must not access or use the Services.

 

1. Changes to the Terms

 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on this page.

 

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

2. Accessing the Services and Account Security

 

As part of the Services, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Services, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.

 

We reserve the right to withdraw or amend the Services, and any service or material we provide with respect thereto, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of the Services, to users, including registered users.

 

You are responsible for:

 

To access the Services or some of the resources we offer in connection therewith, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register for the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

3. Using Trip Canvas™

 

a. You may use the Services only if you can legally form a binding contract with AAA, and only in compliance with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. You cant use the Services if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. Using the Services may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates. By using the Services, you represent and warrant that you are of legal age to form a binding contract with AAA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

 

b. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

 

      Additionally, you agree not to:

 

c. We may terminate or suspend your right to access or use the Services for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of these Terms.

 

4. Your content

 

a. Trip Canvas™ may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Content") on or through the Services. All User Content must comply with these Terms.

 

Any User Content you post to Trip Canvas™ will be considered non-confidential and non-proprietary. By providing any User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

 

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not AAA, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Services.

 

b. We have the right to:

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS AAA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review all material before it is posted on Trip Canvas™, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

c. These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

 

5. Third party links, sites, and services

 

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

 

Trip Canvas™ and the Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by AAA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AAA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

If any of the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of these third party links, you do so entirely at your own risk and subject to the terms and conditions of use for such links.

 

6. Intellectual Property Rights

 

Trip Canvas™ and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AAA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

Trip Canvas™, AAA®, the AAA logo and all related names, logos, product and service names, designs and slogans are trademarks of AAA or its affiliates or licensors. You must not use such marks without the prior written permission of AAA. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

 

7. Disclaimers

 

The Services and all content on Trip Canvas™ are provided on an "as is" basis without warranty of any kind, whether express or implied.

AAA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

AAA takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using the Services. You understand and agree that you may be exposed to User Content thats inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

 

8. Limitation of liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AAA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL AAA AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

9. Indemnification

 

You agree to defend, indemnify and hold harmless AAA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contents, any use of the Services content, services and products other- than as expressly authorized in these Terms or your use of any information obtained from the Services.

 

10. Geographic Restrictions

 

AAA is based in the state of Florida in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Arbitration

 

For any dispute you have with AAA you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Trip Canvas™ account. If AAA hasnt been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

 

You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and AAA are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Trip Canvas™ account.

 

Any arbitration will be administered by the American Arbitration Association under the Consumer Arbitration Rules then in effect for the American Arbitration Association, except as provided herein. You can find their forms at www.adr.org. Unless you and AAA agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any American Arbitration Association filing, administrative and arbitrator fees in accordance with American Arbitration Association Rules (the "Rules"), except that AAA will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AAA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding AAA or the Services isnt arbitrable under applicable laws or otherwise: you and AAA both agree that any claim or dispute regarding the Services will be resolved exclusively in accordance with Section 12 of these Terms.

 

12. Governing law and jurisdiction

 

These Terms shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Orange County, Florida, or the United States District Court for the Middle District of Florida and our dispute will be determined under Florida law.

 

13. Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

14. General

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AAA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

These Terms, together with the Privacy Notice and any amendments and any additional agreements you may enter into with AAA shall constitute the entire agreement between you and AAA concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AAA's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

15. AAA Copyright Complaint Protocol

 

If you believe in good faith that materials hosted by The American Automobile Association, Inc. ("AAA") infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying us that your copyrighted material has been infringed.

Please provide the following information in the following format:

Notices of claims of copyright infringement on this website should be emailed or mailed to:

The American Automobile Association, Inc.

Attn: Legal Department

1000 AAA Drive MS#37

Heathrow, FL 32746-5063 E-mail: legalnotices@national.aaa.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including attorneys fees and costs) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements listed above.

 

16. Your Comments and Concerns

 

This website is operated by The American Automobile Association, Inc., having its principal place of business located at 1000 AAA Drive, Heathrow, Florida 32746.

 

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: tcfeedback@national.aaa.com.

 

Thank you for visiting Trip Canvas™.