Terms of Use

The International Travel Institute of Texas
The Training Division of Leisure Travel Alliance Central

(Subscriber’s Agreement Required)

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the internationaltravelinstitute.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and International Travel Institute of Texas Inc. ("International Travel Institute of Texas Inc.", "we", "us" or "our"). If you are entering into this Agreement as an individual or on behalf of a business or other legal entity, you represent that you have the authority to bind any such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and International Travel Institute of Texas Inc., even though it is electronic, signed electronically and is not physically signed by you, and it governs your use of the Website and Services.

Table of Contents

1. Accounts and Membership
2. Billing and Payments
3. Accuracy of Information
4. Third Party Services
5. Links to Other Resources
6. Prohibited Uses
7. Intellectual Property Rights
8. Limitation of Liability
9. Indemnification
10. Severability
11. Assignment
12. Changes and Amendments
13. Acceptance of These Terms
14. Contacting Us

1. Accounts and Membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration or use.

2. Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

3. Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

4. Third Party Services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against International Travel Institute of Texas Inc. with respect to such other services. International Travel Institute of Texas Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting International Travel Institute of Texas Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.

5. Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

6. Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or ( j ) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

7. Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by International Travel Institute of Texas Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with International Travel Institute of Texas Inc. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of International Travel Institute of Texas Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of International Travel Institute of Texas Inc. or third party trademarks.

8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will International Travel Institute of Texas Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of International Travel Institute of Texas Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to International Travel Institute of Texas Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

9. Indemnification
You agree to indemnify and hold International Travel Institute of Texas Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

10. Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

11. Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

12. Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification on the main page of the Website. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

13. Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

14. Contacting Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

[email protected]
or
713-785-2682
or
Leisure Travel Alliance Central Inc.
2900 Wilcrest Drive, Suite 298
Houston, Texas 77042

CONFIDENTIALITY AGREEMENT

(Subscriber’s and ITI’s Agreement Required)

THIS CONFIDENTIALITY AGREEMENT (this “Agreement”) is made and entered into as of the Effective Date of Agreement set forth above by and between International Travel Institute of Texas (hereinafter referred to as ITI) and the Travel Agent Class Subscriber (hereinafter referred to as Subscriber).

WITNESSETH:

WHEREAS, the Subscriber desires to have access to ITI’s New Travel Agent and Owners online training class and participate in or initiate discussions and communication related to the subject matter (the “Subject Matter”) which is included in the online class; and,

WHEREAS, access to the Subject Matter, discussions and communications and any other business transactions entered into in connection therewith will require the disclosure by ITI to the Subscriber of Confidential Information (as hereinafter defined); and,

WHEREAS, the Subscriber, upon completion of the class, may become affiliated with a travel agency, host travel agency (including but not limited to LTA Central), a travel agent network or travel supplier; and,

WHEREAS, both parties recognize the value of the Confidential Information and that it is in their mutual best interests to maintain the confidential, proprietary and secret nature of the Confidential Information.

NOW, THEREFORE, for and in consideration of the above premises, and in further consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. CONFIDENTIAL INFORMATION. Confidential Information shall include, but not be limited to, documents, records, information and data (whether verbal, electronic or written), drawings, models, sketches, designs, schedules, product plans, marketing plans, technical procedures, analyses, compilations, studies, software, prototypes, samples, formulas, methodologies, know-how, specifications and all other business information relating to ITI’s business, assets, operations or contracts, furnished to Subscriber and/or Subscriber’s affiliates, employees, officers, owners, agents, consultants or representatives, in the course of their work contemplated in this Agreement, regardless of whether such Confidential Information has been expressly designated as confidential or proprietary. Confidential Information also includes any and all analyses, compilations, work product, studies, and other materials prepared by or in the possession or control of the Subscriber, which contain, include, refer to or otherwise reflect or are generated from any Confidential Information. Confidential Information may be provided in written, oral, electronic or other form.

2. FORM OF DISCLOSURE. Confidential Information may be oral, visual, or by demonstration, or in some other form not permanently recorded, and shall be considered Confidential Information regardless of whether such Confidential Information has been expressly designated as confidential or proprietary.

3. PERIOD OF CONFIDENTIALITY AND NON-USE. Subscriber (including its affiliates, employees, agents and consultants) shall maintain in strict confidence for an indefinite period of time from the Effective Date and to the greatest extent allowed by law and not disclose any Confidential Information it receives from ITI to any third party or use the Confidential Information for any other party’s benefit. Third parties and other parties include, but are not limited to, travel schools, travel agents, travel advisors, travel agencies, host travel agencies, travel suppliers, travel agent consortia, travel agent co-ops, travel agent franchisors, other parties that hold an interest in the travel and tourism industry, any and all non-subscribed persons or any other third party. Subscriber shall not use the Subject Matter or Confidential Information for any business purpose other than the self-learning experience for which it is intended. Subscriber shall use, as a minimum, the same degree of care to avoid disclosure or use of the Confidential Information as it employs with respect to its own confidential, proprietary and secret information of like importance, but in any case, using no less than a reasonable degree of care. Subscriber shall ensure that its affiliates, employees, officers, directors, owners, agents, consultants, and representatives who are given access to the Confidential Information by or on behalf of Subscriber shall be bound by and shall comply with the terms of this Agreement.

4. EXCLUSIONS. Information shall not be deemed Confidential Information, and Subscriber shall have no obligation of confidentiality or restriction against use with respect to any information which is available to the general public; provided however that Subscriber does not divulge to any person, company, business or other entity how ITI presents, formats, generalizes, endorses, fails to endorse, characterizes, analyses, grades or evaluates such information.

5. DISCLOSURES REQUIRED BY LAW. In the event Subscriber is requested or required by a government or court order, or similar process, to disclose any Confidential Information supplied to it by ITI, Subscriber shall provide ITI with prompt notice of such request so that ITI may seek an appropriate protective order and/or waive Subscriber’s compliance with the provisions of this Agreement.

6. INDEMNIFICATION. Subscriber shall reimburse, indemnify and hold harmless ITI and its affiliates, owners, employees, officers, directors, agents and representatives from any damage, loss, penalty, cost or expense incurred by ITI as a result of or in connection with the use or disclosure of the Confidential Information contrary to the terms of this Agreement by Subscriber or its affiliates, employees, directors, officers, owners, consultants, agents or representatives or any others to whom such Confidential Information has been disclosed by any such persons or entities. The term “affiliates” as used in this Agreement shall mean any persons, corporations, partnerships, limited liability companies, or other business entities which directly or indirectly control, are controlled by, or are in common control with such party to this Agreement. As used herein, the term “control” shall mean possession, directly or indirectly, of power to direct or cause the direction of management or policies (whether through ownership of securities, by contract or otherwise).

7. NO PUBLIC COMMENT. Subscriber shall not directly or indirectly make any public comment, statement or communication with respect to, or otherwise disclose or permit the disclosure to any third party of any Confidential Information or of any matter relating to the Subject Matter or purpose or any transactions contemplated by the parties in connection therewith, without the prior written consent of ITI.

8. NOTICE OF UNAUTHORIZED USE OR DISCLOSURE. Subscriber shall notify ITI immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement by Subscriber or any third party and will cooperate with ITI in every reasonable way to help regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.

9. OWNERSHIP AND RETURN OF CONFIDENTIAL INFORMATION. All Confidential Information disclosed to Subscriber shall be and remain the property of ITI. Upon ITI’s written request, Subscriber shall promptly return all Confidential Information (including all originals, copies, reproductions and summaries of such Confidential Information), or certify its destruction in writing, and keep the same confidential and secret in accordance with this Agreement.

10. NO LICENSE. Nothing contained in this Agreement shall be construed as granting or conferring to Subscriber any rights or license or otherwise, either expressly or by implication, in or to any Confidential Information disclosed by ITI to Subscriber as a result of this Agreement, including, without limitation, rights or license under any present or future patent, patent application, copyright, trademark, service mark, trade secret or other proprietary information owned, licensed or controlled by ITI.

11. SURVIVAL. Subscriber’s obligations of non-disclosure pursuant to the terms of this Agreement shall survive until all Confidential Information has been returned to ITI or the destruction thereof has been certified to ITI in writing.

12. RELATIONSHIP. This Agreement shall not be construed as a joint venture, pooling arrangement, partnership, teaming effort or agency arrangement but each party hereto shall be considered as an Subscriber, in accordance with Title 17, United States Code, Sections 101 and 201(b), and shall be responsible for its own expenses and financial obligations incurred in the performance of this Agreement. Furthermore, this Agreement does not express any ownership by the Subscriber in the Confidential Information or the final service or product that is created after the use of said information. All ownership interests, if any, are to be stated in a separate agreement.

13. NO WAIVER. Neither party waives any rights in invention or development lawfully possessed by it at the time of signing this Agreement. In addition, this Agreement does not imply any waiver of any rights or action under the patent, trademark, copyright, trade secret, unfair competition, fair trade or related laws. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.

14. BINDING AGREEMENT. This Agreement shall be binding upon Subscriber and its subsidiaries, successors, assigns, legal representatives, and all corporations controlling Subscriber or controlled by Subscriber and shall inure to the benefit of ITI and its subsidiaries, successors, assigns, legal representatives, and all corporations controlling ITI or controlled by ITI.

15. INJUNCTIVE RELIEF. Subscriber understands and agrees that any use or dissemination of Confidential Information in violation of this Agreement will cause ITI irreparable harm, and that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information, and that ITI may be left with no adequate remedy at law; therefore, ITI shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. Such remedies shall not be deemed to be the exclusive remedy for any breach of this Agreement but shall be in addition to all other remedies available at law or in equity.

16. PREVAILING PARTY. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and expenses.

17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to principles of conflict or choice of laws, and Subscriber consents to venue and jurisdiction in and by the state and federal courts in the jurisdiction of ITI.

18. ASSIGNMENT. This Agreement may not be assigned by Subscriber without the prior written consent of ITI.

19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relative to the protection of Confidential Information and supersedes all prior and collateral communications, reports and understanding between the parties in respect thereto. No change, modification, alteration or addition to any provision shall be binding unless it is in writing and signed by an authorized representative of both parties.

20. SEVERABILITY. If a court of competent jurisdiction makes a final determination that any provision of this Agreement (or any portion thereof) is invalid, illegal or unenforceable for any reason whatsoever, and all rights to appeal the determination have been exhausted or the period of time during which any appeal of the determination may be perfected has been exhausted, (i) the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby; and (ii) to the fullest extent possible, the provisions of this Agreement shall be construed so as to give effect to the intent manifested by the provisions held invalid, illegal or unenforceable.

21. HEADINGS. The headings in this Agreement are for reference purposes only and shall not limit or otherwise affect the meaning of the provisions.

22. COUNTERPARTS. This Agreement may be executed in one or more counterparts including signing a facsimile copy. Each counterpart shall be deemed an original and all counterparts together shall constitute one and the same instrument.