Terms & Conditions
Updated October 20 2021
1. Your Acceptance
NOTE: THESE TERMS OF SERVICE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH STELLER. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service ("Contributors"). "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
You are solely responsible for your use of the Service, your interaction with other users of the Service and any Content you post to the Service, and for any consequences thereof. You agree that Steller is not responsible or liable for the conduct of any user.
3. Community Guidelines
You may not post violent, nude, unlawful, pornographic, obscene or sexually suggestive photos, videos or other Content via the Service.
You may not use the Service to (i) attack or demean individuals or groups, (ii) engage in predatory behavior, stalking, harassment, bullying, abuse or intimidation, (iii) defame or impersonate people or entities or (iv) engage in other hostile, harmful, discriminatory, hateful or offensive speech.
You may not disclose personal, confidential or any non-public information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers or non-public addresses, phone numbers or email addresses.
You may not use the Service for any illegal activity or unauthorized purposes and must comply with all laws, rules, and regulations, including federal, state, and local and provincial, applicable to your use of the Service and your Content, including but not limited to copyright and trademark laws.
Violation of these Terms of Service, including the foregoing Community Guidelines or any other action that Steller determines is harmful to the Service or the use of the Service by others may, in Steller's sole discretion, result in removal of the violating Content and/or termination of your Steller account.
4. Steller Accounts
In order to access some features of the Service, you will have to create a Steller account. You must not use domain names or web URLs in your username without prior written consent from Steller. You may not use another user's account without permission. When creating your account, you must provide accurate and complete information. You are responsible for all activity that occurs on your account. You must notify Steller immediately of any breach of security or unauthorized use of your account.
You are responsible for keeping confidential and secure your password and log-in credentials. Steller will not be liable for any losses to you caused by any unauthorized use of your account.
5. General Use of the Service
Steller grants you permission to access and use the Service as set forth in the Terms of Service, provided that:
You agree not to reverse engineer, create derivative works of, alter or modify any part of the Service or any software used to provide the Service.
You agree not to interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You agree not to inject content or code or otherwise alter or interfere with the way any Steller content is rendered or displayed in a user's browser or device. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You agree not to use the Service for any of the following commercial uses unless you obtain Steller's prior written approval:
- the sale of access to the Service; or
- the sale of advertising, sponsorships, or promotions placed on or within the Service, including any Content shared on the Service.
Prohibited commercial uses do not include uploading original Content to the Service to promote your business or artistic enterprise.
In your use of the Service, you will comply with all applicable laws.
You may not access Steller's private APIs unless authorized to do so by Steller.
You agree not to create any Steller account through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You agree not to crawl, scrape, cache, or otherwise access any Content within the Service via any automated means.
You agree not to create multiple accounts with the intention of being disruptive or abusive to the Service or as an effort to "game" the system by creating artificial influence around specific Content or accounts. If you are creating accounts that perform overlapping behaviors across specific scenarios, you are subject to possible account termination.
Steller reserves the right to modify or discontinue any aspect of the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
6. Your use of Steller content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
The Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to Steller, subject to copyright and other intellectual property rights under the law.
You may access Content for your personal, non-commercial use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service, including the right to share the Content on a non-commecial basis on other social media channels and properties. You agree to not alter, remove, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and to not copy, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Steller or the respective licensors of the Content. Without limitation, you may not directly or indirectly monetize the Content in any way, including by selling the Content or any advertising, sponsorships, or promotions placed on, around, or within the Content or licensing the Content for money or other consideration or value without prior written permission from Steller. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Steller, and may not be copied, imitated or used, in whole or in part, without prior written permission from Steller.
Steller and its licensors reserve all rights not expressly granted in and to the Service and the Content. There are no implied rights.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Steller does not guarantee the accuracy, validity, or completeness of any Content on the Service, nor do we endorse or support any opinions expressed in the Service. You understand and acknowledge that you may be exposed to Content that may be deemed inaccurate, offensive, indecent, objectionable or otherwise inappropriate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Steller with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Steller, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
7. Your content; License to Steller; Feedback
As a Steller account holder, you may submit Content to the Service. You understand that Steller does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting your Content on the Service. You should only provide Content that you are comfortable publicly sharing with others under these Terms of Service. You affirm, represent, and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction. You retain all of your ownership rights in your Content. By submitting Content to Steller, you hereby grant Steller a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (including to reproduce, distribute, prepare derivative works of, modify, adapt, monetize, publish, transmit, display, and perform) that Content in connection with the Service and Steller's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) and sublicensing the Content (and derivative works thereof), in each case in any media formats and through any media channels and Internet properties and sites, including without limitation, Instagram and Trivago. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to access your Content through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under the Terms of Service.
You hereby agree that Steller may place advertising, sponsorship or promotional material on the Service in conjunction with your Content. The manifestation of how such advertising and promotional content appear are subject to change over time without specific notification you. You also understand that Steller may not always identify content as advertising or promotional content.
You are free to remove your Content at any time. You understand and agree, however, that Content mash-ups (such as stories, collections and the like) may continue to make use of your Content and Steller may also retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by you other than through Content mash-ups. Further, you understand and agree that any Content you have submitted which has been previously downloaded by any other user or person will remain within the control of such user or person.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Steller all of the license rights granted herein.
Steller expressly disclaims any and all liability in connection with Content. Steller does not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove Content if properly notified that such Content infringes on another's intellectual property rights. Steller reserves the right to remove Content without prior notice.
You understand that the Service may be interrupted, including, without limitation, for scheduled or emergency maintenance, including upgrades or failure of telecommunications links and/or equipment. Given the nature of data/storage and the possibilities of content loss across the Service, Steller encourages all users to keep local copies of all Content they publish in Steller. Steller is not a backup service for your Content and you agree that you will not rely on the Service for the purposes of Content backup and/or storage. Steller is not liable for any modification, suspension or discontinuation of the Service or Content loss through use of the Service.
All feedback, comments, ideas, suggestions, concepts, know-how, and the like (collectively, “Feedback”) provided to Steller in any manner whatsoever (e.g., web form, call, email, etc.) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Steller is free to use, without any attribution or compensation to you, the Feedback and related intellectual property rights, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, improving, offering, creating, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, content, products and services using such Feedback. If the foregoing assignment is prohibited by law, you hereby grant Steller an exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as Steller may determine in its sole discretion. Notwithstanding the foregoing, you understand and agree that Steller is not obligated to use, display, reproduce, distribute or act upon any Feedback, and uou have no right to compel Steller to do so.
8. Account termination policy
Steller will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to have breached these Terms of Service.
Steller reserves the right to decide whether Content violates the Terms of Service for reasons other than copyright infringement, such as, but not limited to, violation of the Community Guidelines set forth above. Steller may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. Content removed from the Service may continue to be stored on Steller servers, including for purposes of compliance with legal obligations.
9. Reporting copytight violations
Steller respects the intellectual property of others and require that users of the Service do the same. To protect the rights of copyright holders, it is our policy to respond to written notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing Steller with the following information in writing (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, including your address, telephone number, and, if available, an email address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send such written communication to us via written mail or email at:
DMCA Agent: Pete Bryant
c/o Expedition Travel Advisor
1100 Carillon Point
Kirkland, WA 98033
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to Steller:
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled.
- A statement, under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content in question;
- Your name, address, telephone number and email address;
- A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the United States, the Western District of Washington and that you will accept service of process from the person who submitted notification of the alleged infringement, as generally described above;
- Your physical or electronic signature.
Please send such notice to us via written mail or email at:
DMCA Agent: Pete Bryant
c/o Expedition Travel Advisor
1100 Carillon Point
Kirkland, WA 98033
Steller reserves the right, in our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.
To the extent permitted by applicable law, you (and also any third party for whom you operate an account on the Service) agree to defend, indemnify and hold harmless Steller, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, obligations, losses, and expenses, including without limitation attorney's fees and costs, arising from (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service; (ii) your violation of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; or (vi) any claim that your Content caused damage to a third party. You agree to cooperate as required by Steller in the defense of any claim. Steller reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Steller. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.
11. Warranty disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. STELLER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF STELLER’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE. STELLER DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STELLER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. Limitation of liability
NOTHING IN THESE TERMS OF SERVICE WILL EXCLUDE OR LIMIT ANY LIABILITY WHERE SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW NOTWITHSTANDING AN ATTEMPT TO DO SO. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL STELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF STELLER’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE. STELLER’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE WILL NOT EXCEED THE AMOUNTS PAID TO STELLER UNDER THESE TERMS OF SERVICE IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM OR FIFTY DOLLARS (USD $50), WHICHEVER IS GREATER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STELLER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OF SERVICE OR ANY LIMITED REMEDY HEREUNDER.
The Service is controlled and offered by Steller from its facilities in the United States of America. Steller makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Many customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us by email at firstname.lastname@example.org. This arbitration provision (this “Arbitration Section”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Steller. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Arbitration Section as explained below, which enables you to retain your right to litigate disputes in a court, either before a judge or jury.
Please read this Arbitration Section carefully. It provides that all Disputes between you and Steller are to be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms of Service constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Section, “Steller” means Steller and its officers, directors, employees, and agents. The term “Dispute” is to be constued as broadly as possible and means any dispute, claim, or controversy between you and Steller regarding any aspect of your relationship with Steller, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Steller’s licensors, service providers, suppliers, dealers and third party vendors) whenever you also assert claims against Steller in the same proceeding.
THE PARTIES EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES (AS DEFINED ABOVE), WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION SECTION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give Steller an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Expedition Travel Advisor dba Steller, 1100 Carillon Point, Kirkland, WA 98033. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Steller does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or Steller may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the “Opt-Out Deadline”). You may opt out of this Arbitration Section by mailing written notification to Expedition Travel Advisor dba Steller, 1100 Carillon Point, Kirkland, WA 98033. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Steller through arbitration. Your decision to opt-out of this Arbitration Section will have no adverse effect on your relationship with Steller. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures. If this Arbitration Section applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Steller may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Section.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Federal Arbitration Act. Because the Service and these Terms of Service concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Steller may initiate arbitration in either Washington state or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Steller may transfer the arbitration to Washington state in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs. Steller will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Steller as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Arbitration Section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Steller specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Section, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service, may be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into these Terms of Service you and Steller are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Arbitration Section, you and Steller might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Arbitration Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Section, and the remainder of this Arbitration Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Arbitration Section will be unenforceable and the Dispute will be decided by a court.
Continuation. This Arbitration Section shall survive the termination of your use of the Service. Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Steller makes any change to this Arbitration Section (other than a change to the notice address), you may reject any such change and require Steller to adhere to the language in this Arbitration Section if a dispute between us arises.
14. Ability to accept terms of service; modification to terms
You affirm that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under the age of 13. If you are under 13 years of age, please do not use the Service.
Steller reserves the right to make changes to these Terms of Service by posting a new version of these Terms of Service on the log-in page for the Service. If you have an account, Steller will notify you of changes by presenting a new version of these Terms of Service to you to accept when you log into your account. When you agree to a new version of these Terms of Service, that version will govern and control.
15. Mobile applications
Steller makes available software applications to access the Service via a mobile device running the Apple iOS or Google Android operating system software (“Mobile Applications”). To use a Mobile Application, you must have a mobile device that is compatible with the Service. Steller does not warrant that a Mobile Application will be compatible with your mobile device. Steller hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of a Mobile Application for one registered account on one mobile device owned or controlled solely by you, for your own personal use. You may not: (i) modify, disassemble, decompile or reverse engineer any Mobile Application, except to the extent that such restriction is expressly prohibited by law notwithstanding this prohibition; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer a Mobile Application to any third-party or use a Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of a Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of a Mobile Application, features that prevent or restrict use or copying of any Content accessible through a Mobile Application, or features that enforce limitations on use of a Mobile Application; or (v) delete the copyright and other proprietary rights notices on a Mobile Application. You acknowledge that Steller may from time to time issue upgraded versions of a Mobile Application, and may automatically electronically upgrade the version of a Mobile Application that you are using on a mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms of Service will apply to all such upgrades. The foregoing license grant is not a sale of a Mobile Application or any copy thereof, and Steller and its third-party licensors or suppliers retain all right, title, and interest in and to each Mobile Application (and any copy of a Mobile Application). Standard carrier data charges may apply to your use of a Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Steller provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms of Service are between you and Steller only, and not with Apple, Inc. (“Apple”).
- Your use of Steller’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Steller, and not Apple, is solely responsible for its iOS App and the Service and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Steller’s iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Steller’s iOS App.
- You agree that Steller, and not Apple, is responsible for addressing any claims by you or any third-party relating to the Steller iOS App or your possession and/or use of the Steller iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Service and any law applicable to Steller as provider of the iOS App.
- You agree that Steller, and not Apple, shall be responsible, to the extent required by these Terms of Service, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the Steller iOS App or your possession and use of the Steller iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using the Steller iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Service as they relate to your license of the Steller iOS App. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Steller provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms of Service are between you and Steller only, and not with Google, Inc. (“Google”).
- Your use of the Steller Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Steller, and not Google, is solely responsible for the Steller Android App and the Service and Content available thereon. Google has no obligation or liability to you with respect to the Steller Android App or these Terms of Service.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms of Service as they relate to the Steller Android App.
16. Geo-location terms
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Steller without restriction. Any attempted assignment by you in violation of this paragraph is void.
Steller will be excused from performance in these Terms of Service to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties) represents the complete agreement between you and Steller concerning its subject matter, and supersedes all prior agreements and representations between the parties. For any Disputes not subject to the arbitration provisions, each party agrees to submit to the exclusive and personal jurisdiction of the federal and state courts located in Seattle, Washington. The laws of the State of Washington govern all matters arising out of these Terms of Service, without respect to its conflict of laws principles. Except as expressly set forth in the Dispute clause, if any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by Steller to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. . The definitions and the provisions that by their nature continue and survive, including the warranty disclaimer, indemnification, limitation on liability, consequential damages waiver, ownership, rights to intellectual property (including the license to your Content), arbitration and general provisions, will survive termination of these Terms of Service. YOU AND STELLER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. California consumer notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Expedition Travel Advisor, Inc, DBA Steller, 1100 Carillon Point, Kirkland, WA 98033, 425-200-0485. There are no charges to you as the consumer imposed by Steller as the provider for use of the Service. If you have a question or complaint regarding the Service, please contact Customer Service at email@example.com. You may also contact Steller by writing Expedition Travel Advisor, Inc, DBA Steller, 1100 Carillon Point, Kirkland, WA 98033. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-170