Agreement between User and Vamos Inc.
Vamos is owned and operated by Vamos Inc. This agreement describes the terms and conditions applicable to the services available on or through itsvamos.com website, and mobile and tablet applications (collectively referred to as the "Site"), and details your responsibilities, thereby limiting the liability of Vamos Inc. and its third-party suppliers. These suppliers include, without limitation, hotels, rental car companies, airlines and other suppliers that provide travel or other services through this Site (such third parties collectively referred to as the "Travel Service Providers"). The Site is intended for personal, noncommercial use.
BEFORE submitting an account registration form and/or using any of the services on the Site, please read this Agreement carefully. By accessing any area of this Site, users ("users" or "you") agree to be legally bound without limitation, qualification, or change and to abide by these Terms and Conditions, which will constitute our agreement ("Agreement"). You should also read our Privacy Policy, which governs your use of this Site and is referenced in this agreement. If you do not agree with any part of this Agreement, you must discontinue use of this Site. Vamos reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these Terms and Conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or participate in sweepstakes or other promotions available on Vamos Inc..
LEGAL ACTION
Arbitration and Dispute Resolution
Vamos Inc. is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.
You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Sites and/or any of its related applications or services; any dealings with Vamos Inc., including with our marketing and customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by Vamos Inc.; or our Privacy Policy (collectively, "Claims") by providing Notice to Customer Support. Unless prohibited by applicable law, any Claim must be brought within one (1) year from the date on which such Claim arose or accrued. If we are unable to resolve your Claims within 60 days of receipt, you may seek relief through arbitration or small claims court, as set forth below. This informal process is a condition precedent to your ability to initiate a claim in arbitration or small claims court.
This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to conflict of laws. All Claims or other matters in dispute between you or any Third- party and Vamos Inc., its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Delaware, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
Mandatory Arbitration
Please read this provision carefully. It requires that any and all claims must be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. These limitations apply to any claims against Vamos Inc., its subsidiaries or affiliates, any travel service providers or companies offering products or services through the Site.
In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. The arbitrator's decision will generally be final and binding, with no right of appeal. Arbitration procedures are simpler and more limited than court procedures.
By using this Site, you, any Third-party, and Vamos Inc. agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the then applicable Rules and Procedures established by AAA ("Rules and Procedures"). Under no circumstances may any claim be brought or arbitrated as a class action or proceed on a basis involving claims brought on a purported representative capacity (either on behalf of the general public or other users or persons, except that the arbitrator shall have the authority to award public injunctive relief where applicable).
Credit Card Chargebacks
You, the User, have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call Vamos Inc. prior to disputing a charge with your credit card company to discuss any questions or concerns about our charges with us (Hotel Reservation Support: 877-477-7441). Vamos Inc. will work with you in resolving your concerns. Vamos Inc. retains the right to dispute any chargeback that it believes is improper, as described more fully below. Vamos Inc. also retains the right to cancel any travel reservation in the event of a chargeback related to that reservation.
By using our service to make a reservation with a Supplier, you accept and agree to the relevant cancellation policy of that Supplier. In all cases, the cancellation policy of each reservation is made available on our Site. Please note that certain rates or special offers are not eligible for cancellation or change. Vamos Inc. deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from You, the User.
Disclaimer of Warranties
All content contained within or available through this Site are provided to you on an "as is," basis. Vamos Inc. makes no representations or warranties of any kind, either express or implied, as to the operation of this Site or the information, content or materials included on this Site. To the fullest extent permissible, Vamos Inc. disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Vamos Inc. does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its servers will be free of viruses and/or other harmful components. Vamos Inc. does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Site for any purpose, including software, products, services, information, text and related graphics content.
General Limitation of Liability
To the extent permitted by law, in no event shall Vamos Inc., including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents (collectively the "Covered Parties"), be liable to any person or entity for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the ite or any information, software, products, services, and related graphics obtained through the Site.
Indemnification
You agree to defend and indemnify Vamos Inc. and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of: your breach of this Agreement; your violation of any law or the rights of a third party; or your use of this Site in violation of this Agreement.
Copyright and Trademark Notices
The content on this Site is protected under United States and international laws, including trademark and copyright laws. The content on this Site, including without limitation, the information, text, software, code, photographs, videos, typefaces, graphics, music, sounds, images, illustrations, maps, lodging star rating system, designs, icons, trademarks, service marks, logos, and written content (collectively, "Content"), and the arrangement and compilation of the Content and the infrastructure used to provide such Content (which are also included in the definition of "Content"), are proprietary to and owned by Vamos Inc., its corporate affiliates, and/or the Travel Service Providers.
Claims of Copyright Infringement
Vamos Inc. respects the intellectual property rights of others and asks that you do the same. If you believe in good faith that material or content on the Site infringes your copyrighted work, you (or your agent) may send us a written notice under the Digital Millennium Copyright Act that includes the following information: A clear identification of the copyrighted work that you claim has been infringed. A clear identification of the material you claim infringes the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Copyright infringement notifications can be sent to Vamos Inc. by email, or mail as follows: Vamos Inc. LLC, 8624 Shadywood Ln, North Richland Hills TX, 76182, office@itsvamos.com
ACCEPTABLE USE OF THE WEBSITE
You must be at least 18 years of age to be eligible to purchase, cancel or modify any services available through Vamos Inc.. Accessing materials on this Site by certain persons in certain countries may not be lawful.
Vamos Inc. grants you a limited, personal, non-transferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a "Request"). By using a credit card to secure a travel Request through this Site, you represent and warrant that you have the authority to use that credit card for the Request. You agree to provide correct and true information in connection with your use of this Site.
USER RIGHTS AND RESPONSIBILITIES
Privacy Policy
Your privacy is very important to us. Please read our Privacy Policy, which governs your use of this Site. By using this Site, you agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by Vamos Inc. and/or its Travel Service Providers in accordance with the terms of this Privacy Policy and the terms of our Travel Service Providers' privacy policies. Vamos Inc. will not be responsible for any damages resulting from a lapse in compliance with the Privacy Policy.
Accounts, Security, Passwords
You may register to use this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is your responsibility to maintain the confidentiality of your security question and your account. You agree to notify Vamos Inc. immediately of any unauthorized use of your account. Vamos Inc. is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
TRAVEL SERVICES
General Pricing
Vamos Inc. endeavors to publish and maintain accurate prices and information for its services. Travel Service Providers provide us with the price, availability and other information related to these services. In the event that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from a Travel Service Providers, we retain the right to refuse or cancel any Requests placed for such service, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect hotel, airline, or car provider information, we will promptly issue a credit to your credit card account in the amount of the charge.
Travel Service Providers
You agree to abide by the terms or conditions of purchase imposed by any Travel Service Provider, whether that Travel Service Provider is selected by you or by Vamos Inc., including, but not limited to, payment of all amounts when due and compliance with the Travel Service Provider's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Service Provider's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Vamos Inc. debiting your account for any costs Vamos Inc. incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
MISCELLANEOUS & REGISTRATIONS
In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.