1) User’s Acknowledgment and Acceptance of Terms

Travel Lanka Compass (Private) Limited (hereinafter referred to as “TLC”, “Us”, “We” or “Our”) provides an online Travel Guide, Trip Planner, and Booking system for Sri Lanka and Connects Travellers with local Service Partners (collectively referred to as the “Service”), which Services are accessible at www.tlc.lk (collectively referred to as the “Site”). Subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service, whether or not you become a registered user of the Services. These terms govern your access to and use of the Site, Services offered by TLC and its Partners, and Content on the Site, and constitute a binding legal agreement between you and TLC. These Terms of Service should be read in conjunction with the Privacy Policy (http://tlc.lk/privacy-policy).

These Terms of Service are effective as of 1 June 2023. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Service and an agreement to abide and be bound by the modified Terms of Service.

As used in these Terms of Service, references to;

“Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and include (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

“Content” means any information, data, communications, text, graphics, photos, images, software, music, audio, video, or other material and services that can be viewed by users on our site. This includes write-ups about places of interest, message boards, chat, and other original content.

“Collective Content” means User and TLC content and includes write-ups about places of interest, message boards, chat, and other original content.

“Listing” means information on tours, activities, hotels, villas, transfers, cars, and profiles of local guides.

“Partner” means a User who is a service provider and offers their services to potential travelers by way of creating a listing on the site. The current definition of Partner is limited to users having their own Partner page giving a brief description about them, their contact details, and the listings they offer on the TLC website.

“TLC Content” is all content that TLC makes available through the Site, Services, or its promotional campaigns and official social media channels, including any content licensed from a third party, but excluding Partner Content.

“Traveller” means a User who requests from a Partner a booking of a Listing via the Site and is not the Partner for the listing being booked.

“User” means a person who completes TLC’s account registration process, including but not limited to Partners and Travellers, as described under “Registration Data and Privacy” below.

2) Description of Services

We make various services available on this site including, but not limited to, offering tours, activities, hotels, villa rentals, transfers, car & driver booking, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access). If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Site.

We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Service.

3) Registration Data and Privacy

In order to access certain features and the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You can also register to join by logging into your account with certain third-party social networking sites (including, but not limited to, Google, and Facebook; referred to as a “Third-Party Account”), via our Site. You represent that you are entitled to disclose your Third-Party Account login information to TLC and/or grant TLC access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating TLC to pay any fees or making TLC subject to any usage limitations imposed by such third-party service providers, to Complete the Registration Data as required.

The information we obtain through your use of this Site, including your Registration Data, is subject to TLC Privacy Policy.

4) User Conduct on Site

You understand and agree that your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, or other interactive services that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that:

• infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
• impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Unauthorized Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5) Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

6) Intellectual Property Information

Copyright (c) 2023 Travel Lanka Compass.

By accepting these Terms of Service, you acknowledge and agree that all Collective Content presented to you on this site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of Travel Lanka Compass (Private) Limited and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties subject to the provisions of the Intellectual Property Act No. 36 of 2003.

Neither we nor our Affiliates warrant nor represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos, and service names are registered trademarks, trade names, or service marks of Travel Lanka Compass (Private) Limited or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Travel Lanka Compass (Private) Limited or its Affiliates.

7) Restrictions of Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.

• Trademark: We reserve the right to reclaim user names on behalf of TLC, businesses, or individuals that hold legal claims or trademarks on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
• Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 12 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are: the number of accounts created creating accounts for the purpose of preventing others from using those account names creating accounts for the purpose of selling those accounts using feeds of third-party content to update and maintain accounts under the names of those third parties. Selling user names: Unless you have been specifically permitted to do so in a separate agreement with TLC, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

8) Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

• Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
• Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
• Provide information reasonably sufficient to permit us to contact you (email address is preferred).
• Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
• Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
• Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Sign the paper.
• Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Leo Fernando, Founder of Travel Lanka Compass
Address: 10/10A, Lake Drive Enclave, Lake Drive, Colombo 08, Sri Lanka
Email: leo@tlc.lk

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the relevant copyright office.

9) Payment and Refund Policy

• Order Confirmation. All bookings are subject to confirmation from TLC Concierge (bookings@tlc.lk). A member of our Concierge team will contact you via email using the email address you provided under your Registration Data to re-confirm the order and highlight your payment plan and cancellation policy.
• To confirm a booking order there is a booking confirmation fee of 20% of the invoice value. The balance payment has to be met according to the terms in your payment plan.
• In the event you fail to meet the terms laid out in your payment plan, TLC reserves the right to cancel your booking and inform you of this.
• We require non-refundable full payment to confirm Travel Deals (“Deals”) offered by the Site.
• To reduce the cost of bank transaction fees associated with cancellations, TLC’s payment plans are usually synced with the cancellation policy of your booking.
• Order Cancellation. You can cancel your booking by emailing TLC Concierge at bookings@tlc.lk. In the event you have no access to the internet; you can cancel the booking request by calling or texting +94777744644 with your booking name, order number, travel date, and indicating your desire to cancel the booking. For requests made by voice or text communication to be effective, you should receive a cancellation acknowledgment email from TLC Concierge.
• Refunds will be made for orders where we have received the full payment and the amount refunded will be the value that comes outside your booking cancellation terms. The refund will be processed to your original payment method.
• For order values that come within your cancellation terms, at TLC’s sole discretion and depending on the nature of your cancellation request, we may refund the same or offer you a complimentary holiday package, after deducting bank fees and processing costs from the value of the amount paid by you.
• Billing Currency. All invoices for Service provided on this site will be in US Dollars and any conversion to any other currency will be based on the bank exchange rates prevailing at the time of the transaction.
• Our privacy policy governs the handling, storage, and use of any information you submit to us, including bank account and credit card billing information. Please see Section 3 of these Terms for further information on this policy.
• You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. TLC cannot and does not offer tax advice to either Travellers or Partners.

10) Disclaimer of Warranties

THE SITE, SERVICES, AND CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TLC spokesperson speaking in his/her official capacity. Currently, only Mr. Leo Fernando, Founder of Travel Lanka Compass, is authorized to speak on behalf of TLC.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

11) Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

12) Indemnification

You hereby agree to fully indemnify and hold TLC and/or our Affiliates harmless from and against any claims brought by third-party resulting from the use of the Site and the Services or provision of Content to TLC by you and in respect of all losses, cost, actions, proceedings, claims, damages, expenses (including reasonable legal cost and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by TLC in consequence of such use of the Site and the Services or provision of Content or your breach of non-observance of any of these Terms of Service.

You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees), and judgments awarded against TLC arising from the above claims and shall provide TLC with notice of such claims, full authority to defend, compromise or settle claims and reasonable assistance necessary to defend such claims, at your sole expense.

13) Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

14) Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

15) E-mail, Messaging, Blogging, and Live Chat Services

We may make email, messaging, blogging, or live chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, including these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by a court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

16) International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Sri Lanka, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

17) Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, for breach of these Terms of Service or for repair and maintenance work or in order to upgrade or update the Site and the Services. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

18) Governing Law

This site (excluding any linked sites) is controlled by us from our offices in Colombo, Sri Lanka. It can be accessed from all other countries around the world. As each of these places has laws that may differ from Sri Lankan law, by accessing this site both of us agree that the statutes and laws of the Democratic Socialist Republic of Sri Lanka, without regard to the conflicts of laws and principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within Sri Lanka.

19) General

These Terms of Service are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms of Service.

TLC’s failure to exercise any particular right or provision of these Terms of Service shall not constitute a waiver of such right or provisions unless acknowledged and agreed to by TLC in writing.

You in entering into these Terms of Service undertake that you will not assign, re-sell, sub-lease, or in any other way transfer your rights or obligations under these Terms of Service or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by TLC forthwith. TLC may assign these Terms of Service in whole or in part to any third party at its discretion.

TLC shall not be liable in respect of any breach of these Terms of Service due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or other competent authority or other party for whom TLC is not responsible.

20) Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Leo Fernando at leo@tlc.lk, if by email, or at Travel Lanka Compass (PVT) Ltd, 10/10A, Lake Drive Enclave, Lake Drive, Colombo 8, Sri Lanka if by conventional mail. Notices to you may be sent to the email address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

21) Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

22) Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees.