Terms of Service
TERMS OF SERVICE
Last Updated: August 15, 2015
WELCOME TO Vestigo!
Vestigo Adventures, LLC (“Vestigo,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.vestigo.co (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
ACCESS AND USE OF THE SERVICESERVICES DESCRIPTION:
The Service is an online platform that connects individuals who have unique knowledge of and experience with a particular adventure destination or activity (“Guides”) with travelers seeking to receive services related to such destinations and activities (“Travelers”). Through the Services, Guides may create and post profiles (“Profiles”) that provide information about the Guide’s knowledge and experience, and may make themselves available to offer certain services to Travelers at a particular destination (each such service, an “Experience”). Travelers may select Guides (or may request that Vestigo attempt to connect them to a Guide) to provide the Traveler with an Experience.PLATFORM NATURE OF THE SERVICES:
Vestigo makes available a platform for Travelers and Guides to meet online and arrange for Experiences. Vestigo is not an operator of tours, activities or Experiences, nor is it a provider of tours or activities, and Vestigo does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Vestigo’s responsibilities are limited to: (i) facilitating the availability of the Services; (ii) serving as the limited agent of each Guide for the purpose of accepting payments from Travelers on behalf of the Guide; and (iii) in certain instances, booking lodging accommodations on behalf of Travelers as detailed below.
YOU UNDERSTAND AND AGREE THAT VESTIGO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GUIDES AND TRAVELERS, NOR IS VESTIGO AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN GUIDES AND TRAVELERS. VESTIGO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. VESTIGO HAS NO CONTROL OVER THE CONDUCT OF GUIDES, TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EXPERIENCES ARE AT THE GUIDE’S AND/OR TRAVELER’S OWN RISK.YOUR REGISTRATION OBLIGATIONS:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Vestigo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Vestigo will not be liable for any loss or damage arising from your failure to comply with this Section.MODIFICATIONS TO SERVICE:
Vestigo reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vestigo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.GENERAL PRACTICES REGARDING USE AND STORAGE:
You acknowledge that Vestigo may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Vestigo’s servers on your behalf. You agree that Vestigo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Vestigo reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Vestigo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.GUIDE OBLIGATIONS:
As a Guide, you may create Profiles that showcase your experience, activities you can lead, and the type of Experiences you can help Travelers plan. Profiles will be made publicly available via the Services, and other Members may contact you based upon the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Experience at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Experience, if applicable). You agree to comply with the Vestigo Guide Rules.
You understand and agree that Vestigo does not act as an insurer or as a contracting agent for you as a Guide. If a Traveler requests your expertise for a Experience and participates in your Experience, any agreement you enter into with such Traveler is between you and the Traveler and Vestigo is not a party thereto. Notwithstanding the foregoing, Vestigo serves as your limited authorized agent:
- for the purpose of accepting payments from Travelers on your behalf, and is responsible for transmitting such payments to you, subject to these Terms of Service, and
- for the purpose of booking online lodging and accommodations (“Vestigo Bookings”)
- You are responsible for all other bookings, including without limitation on-the-ground arrangements, tours or experiences you host, restaurants and similar bookings.
You represent and warrant that your Profile and your planning of and/or guidance on any Experience:
- will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies)
- will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Experience, including, but not limited to, tourism, tour guide licensing laws, outdoor permitting rules, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties.
- Please note that Vestigo assumes no responsibility for any Guide’s or Traveler’s compliance with any applicable laws, rules and regulations. Vestigo reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Vestigo, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
Vestigo recommends that Guides and Travelers obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers (and the individuals the Traveler invites to the Experience, if applicable) while participating in your Experience.NO ENDORSEMENT:
Vestigo does not endorse any Experiences. In addition, although these Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Vestigo with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the Services regarding any bookings or Trips made by you. This limitation shall not apply to any claim by a Guide against Vestigo regarding (i) the remittance of payments received from a Traveler by Vestigo on behalf of a Guide or (ii) the failure of Vestigo to book a Vestigo Booking for which the Traveler provided accurate booking information, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
CONDITIONS OF USEBOOKINGS AND FINANCIAL TERMS FOR GUIDES:
When a booking for an Experience is requested via the Services, we will share with the applicable Guide the first and last name of the Traveler who has requested the booking, as well as such Traveler’s contact information, and may include a link to the Traveler’s Vestigo Account profile page.
Each listing includes the fee for the applicable Experience (the “Experience Fee”). Where applicable, Taxes may be charged in addition to the Experience Fees. Vestigo charges a few to Travelers of three percent (3%) of applicable Experience Fees which are the Credit Card Fees. The Experience Fees, the Credit Card Fees, and applicable Taxes are collectively referred to in these Terms as the “Total Fees.” Please note that it is the Guide and not Vestigo that determines Experience Fees. Vestigo will collect the Total fees at the time of booking and will initiate payment of the Experience Fees less Vestigo’s Guide Fees to the Guide on a monthly basis, payable on the 15th of each Month after the Experience’s start date.
In consideration for providing its platform, Vestigo collects a Guide Fee, which is a percentage of the Experience Fee.CANCELLATIONS AND REFUNDS:
GUIDES (Guides who lead activities). These terms and conditions govern the Vestigo Traveler Refund Policy (the “Traveler Refund Policy”) available to Travelers who book and pay for an Experience listed by a Guide through the Vestigo platform (the “Site”) and suffer a Travel Issue and the obligations of the Guide associated with the Traveler Refund Policy.TRAVEL ISSUE.
A “Travel Issue” means any one of the following:
- The Guide of the Experience (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Experience within 20 minutes of the scheduled start time, or (iii) fails to provide the Traveler with the reasonable ability to access the Experience (e.g., by allowing the Traveler access to the space in which the Experience will happen or begin if applicable).
- The description of the Experience in the listing on the Site is materially inaccurate with respect to (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience. c) During the Traveler’s Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in Vestigo’s judgment.
If you are a Traveler and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Vestigo in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of Vestigo with respect to the Traveler Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travelers and Guides.CONDITIONS TO CLAIM A TRAVEL ISSUE.
Only a Traveler may submit a claim for a Travel Issue. If you are a Traveler, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
- You must report the Travel Issue to Vestigo in writing (at firstname.lastname@example.org) or via telephone and provide us with information (including evidence) about the Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue;
- You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
- You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Guide prior to making a claim for a Travel Issue (and you must provide evidence of having done so).
If you are a Guide, you are responsible for ensuring that the Experiences you list on the Site meet minimum quality standards regarding adequacy of the description on the Site, safety, health, and do not present a Traveler with Travel Issues. Throughout the Experience, Guides should be available in order to try, in good faith, to resolve Traveler issues.
If you are a Guide, and if (i) Vestigo determines that a Traveler has suffered a Travel Issue related to an Experience listed by you and (ii) Vestigo either reimburses that Traveler any amount up to the amount paid by the Traveler through the Site for the Experience or provides an alternative Experience to the Traveler, you agree to reimburse Vestigo up to the amount paid by Vestigo within 30 days of Vestigo’s request. All determinations of Vestigo with respect to the Traveler Refund Policy, including without limitation the size of any refund to the Traveler, shall be final and binding on the Travelers and Guides. You also agree that in order for you to reimburse Vestigo up to the amount paid by Vestigo, Vestigo may off-set or reduce any amounts owed by Vestigo to you by this amount. If the Traveler is rescheduled to an alternative Experience, you may lose part or all of the Experience Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Traveler to the alternative Experience.
The rights of the Travelers under the Traveler Refund Policy supersede the cancellation policy that otherwise applies to a particular Experience. If you dispute the Travel Issue you may notify us in writing (email@example.com) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of Vestigo with respect to the Travel Issue shall be final and binding on the Travelers and Guides regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, Vestigo, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Travel Issues.GENERAL PROVISIONS.
(a) No Assignment/No Insurance. This Traveler Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveler, and the Traveler has not paid any premium in respect of the Traveler Refund Policy. The benefits provided under this Traveler Refund Policy are not assignable or transferable by you. (b) Modification or Termination. Vestigo reserves the right to modify or terminate this Traveler Refund Policy, at any time, in its sole discretion, and without prior notice. (c) If Vestigo modifies this Traveler Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Vestigo will continue to process all claims for Travel Issues made prior to the effective date of the modification. (d) Entire Agreement and Definitions. This Traveler Refund Policy constitutes the entire and exclusive understanding and agreement between Vestigo and you regarding the Traveler Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Vestigo and you regarding the Traveler Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Vestigo Terms of Service. Controlling Law. This Traveler Refund Policy will be interpreted in accordance with the laws of the State of Georgia and the United States of America, without regard to its conflict-of-law provisions. (e) Limitation of Liability. IN NO EVENT WILL VESTIGO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS VESTIGO POLICY TERMS, EXCEED THE AMOUNT OF THE EXPERIENCE FEES COLLECTED BY VESTIGO FROM THE TRAVELER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN EXPERIENCE OR OTHERWISE USING THE SITE, SERVICES AS A GUIDE OR TRAVELER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.TAXES:
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Vestigo cannot and does not offer tax-related advice to any users of the Services. Additionally, please note that each Guide is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes within Itineraries.USER CONDUCT:
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Vestigo. Vestigo reserves the right to investigate and take appropriate legal action against anyone who, in Vestigo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Vestigo, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Vestigo or its users to any harm or liability of any type;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Violate any applicable local, state, national or international law, or any regulations having the force of law;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Solicit personal information from anyone under the age of 18;
- Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
- Offer, as a Guide, any Experiences that you do not yourself have permission to provide (without limiting the foregoing, you will not list Experiences as a Guide if you are serving in the capacity of an agent for a third party);
- Offer, as a provider, any Experience that may not be provided pursuant to the terms and conditions of an agreement with a third party;
- Contact a Guide for any purpose other than asking a question related to a booking, such Guide’s Experiences or Profiles;
- Contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Services;
- When acting as a Traveler or otherwise, recruit or otherwise solicit any Guide or other user of the Services to join third party services or websites that are competitive to Vestigo, without Vestigo’s prior written approval;
- Use the Services to find a Guide or Traveler and then complete a booking of an Experience transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Vestigo’s provision of the Services; or
- As a Guide, submit any Profile or Itinerary with a false or misleading price information.
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.COMMERCIAL USE:
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
INTELLECTUAL PROPERTY RIGHTSSERVICE CONTENT, SOFTWARE AND TRADEMARKS:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Vestigo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Vestigo, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Vestigo.
The Vestigo name and logos are trademarks and service marks of Vestigo (collectively the “Vestigo Trademarks”). Other Vestigo, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Vestigo. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Vestigo Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Vestigo Trademarks will inure to our exclusive benefit.THIRD PARTY MATERIAL:
Under no circumstances will Vestigo be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Vestigo does not have a duty to pre-screen content, but that Vestigo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Vestigo and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Vestigo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.USER CONTENT TRANSMITTED THROUGH THE SERVICE:
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Vestigo and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Vestigo are non-confidential and Vestigo will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Vestigo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Vestigo, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.THIRD PARTY WEBSITES:
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Vestigo has no control over such sites and resources and Vestigo is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Vestigo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Vestigo is not liable for any loss or claim that you may have against any such third party.SOCIAL NETWORKING SERVICES:
In addition, Vestigo is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Vestigo is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Vestigo enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.INDEMNITY AND RELEASE:
You agree to release, indemnify and hold Vestigo and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VESTIGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VESTIGO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VESTIGO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VESTIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VESTIGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID VESTIGO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.ARBITRATION:
At Vestigo’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Atlanta, Georgia before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.TERMINATION:
You agree that Vestigo, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Vestigo believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Vestigo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Vestigo 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 the Service. Further, you agree that Vestigo will not be liable to you or any third party for any termination of your access to the Service.USER DISPUTES:
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Vestigo will have no liability or responsibility with respect thereto. Vestigo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.GENERAL:
These Terms of Service constitute the entire agreement between you and Vestigo and govern your use of the Service, superseding any prior agreements between you and Vestigo with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Vestigo agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Atlanta, Georgia. The failure of Vestigo to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Vestigo, but Vestigo may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.YOUR PRIVACY:
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
Last Updated: August 19, 2015
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.International Transfer
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content (collectively, the “Service”), to administer your use of the Service and to enable users to enjoy and easily navigate the Service.Personally Identifiable Information
When you register with us through the Service and become a Member and when you choose to post a Listing or book an Experience, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), government-issued identification card, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Service , we may also ask for your credit card number and other billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). If the address associated with a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information may be required, like your name and email address, and other Personal Information may be optional, like your date of birth. We use your Personal Information to provide the Service and administer your inquiries. We collect Personal Information in connection with your registration to join the Service. You can register to join via the Service by completing the required forms.
You may also be permitted to register to join by logging into online accounts you may have with third party service providers (“SNS”) (e.g. Facebook); each such account, a “Third Party Account”, via the Service as described below. As part of the functionality of the Service, you may link your Vestigo Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Vestigo through the Service; or (ii) allowing Vestigo to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Vestigo and/or grant Vestigo access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Vestigo to pay any fees or making Vestigo subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via the Service, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Vestigo to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Vestigo Account and Vestigo Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Vestigo Account on the Service. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
We may also collect the other information that you provide as part of registration and the administration and personalization of your Vestigo Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Vestigo Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how the Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with Vestigo newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us as detailed in the “Changing or Deleting Information” section, below. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.Log Data
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs), which would be used along with cookies to compile aggregated statistics to analyze how the Service is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This would allow us to gauge the effectiveness of our customer communications and marketing campaigns.Sending Messages Via a Vestigo Account
As part of the Service, Vestigo Users may communicate with Vestigo Members through the Service. Where Vestigo Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template may be sent from Vestigo to those email addresses on their behalf. If so, such email addresses will be used only for the purpose of sending the email communication to the addressee.Phishing
Identity theft and the practice currently known as “phishing” are of great concern to Vestigo. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Vestigo Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
Information Sharing and DisclosureOverview
The Service can be used to facilitate the listing and booking of Experiences. Listings for such Experiences are made available via the Service by Guides. Listings posted by Guides, ratings and reviews of Members, and the Profile Information (as defined below) of Members, are visible to any Vestigo User.Vestigo Members and Users
When you create a Vestigo Account, we will set up a Vestigo Account profile page for you. Your Vestigo Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Vestigo Account profile page – including, but not limited to, a profile picture. We will display your Profile Information in your Vestigo Account profile page publicly via the Service, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Vestigo Users and consequently should reflect how much you want other Vestigo Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.Listings
If you post a Listing, we may publish that Listing publicly via the Service and may enable third parties to publish your Listing on their websites through the use of an HTML “widget”. We may also display the geographical location of your Listing in the form of a map so that potential Travelers can see the general area and neighborhood of your Listing, but the actual street address will not be disclosed until you enter into a confirmed transaction with another Member. If you request to make a booking via the Service, Vestigo may share the following information about you with the applicable Guide: your first and last name and a link to your Vestigo Account profile page. All of this information will enable the Guide to decide whether to confirm or reject your booking. When a Guide confirms a booking we may share pieces of the Guide’s Identify Information, including, but not limited to, full name, phone number, the Experience’s starting address and the Guide’s email address, with the applicable Traveler selected by the Guide and we may share pieces of the Traveler’s Identify Information with the Guide, including, but not limited to, full name, phone number and email address, so that the Traveler and Guide may contact one another directly. In no event is a Traveler's Billing Information shared with a Guide. Aggregate Information and Non-Identifying Information.
We may share aggregated information that does not identify you personally and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not identify you personally.Service Providers
Vestigo cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Vestigo or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of Vestigo or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.Business Transfers
Vestigo may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at email@example.com or editing the relevant part of their profile. If you would like us to cancel your Vestigo Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Vestigo Account. Please note that, if you cancel your Vestigo Account, any reviews you have posted via the Service will remain publicly viewable via the Service. Please see below for privacy contact information.Security
Vestigo takes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Information to Vestigo via the Internet.Links to Other Websites
Our Site and Application may contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.Testimonials
With your consent we may post your testimonial on the Service along with your name. If you want your testimonial removed please contact us.Our Policy Toward Children
The Service is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.Contacting Us