This Statement of Rights and Responsibilities ("Statement", “ToS” or "Terms") derives from the travoom.com Principles, and is our TERMS of service that governs our relationship with users and others who interact with travoom.com, whether or not you become a registered user.

PLEASE READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

In addition to the TERMS, when using particular travoom.com services, you and travoom.com shall be subject to any guidelines and rules applicable to such services which may be posted by travoom.com from time to time. All such guidelines and rules are hereby incorporated by reference into the TERMS and in most cases these are specific to a particular part of the Websites and will assist you in applying the TERMS to that part. But to the extent of any inconsistency between the TERMS and any guideline or rule, the TERMS will prevail. Unless explicitly stated otherwise, any new feature that augments or enhances the current Website shall be subject to the TERMS.

From time to time travoom.com will offer for sale products and services pursuant to transactions that are governed by specific terms of service, including without limitation, specific sales regulations pertaining to those products and services. In such cases, the other specific terms of service will be posted in conjunction with the relevant product or service to which they apply. To the extent of any inconsistency between the TERMS and any other terms of service including sales regulations, those other terms of service and sales regulations will prevail.

travoom.com reserves the right, at its sole discretion, to modify the Website or Services or to modify these TERMS, including the Service Fees, at any time and without prior notice. If we modify these TERMS, we will post the modification on the Website or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these TERMS. By continuing to access or use the Website or Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified TERMS. If the modified TERMS are not acceptable to you, your only recourse is to cease using the Website and Services.

Last Updated: April 2, 2014

travoom.com (hereafter referred to as "travoom.com", "we", "us", or "our") is the curated marketplace for sports bucket list travel. travoom.com provides an online platform offering experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services, services and content, facilitating the purchase and sale. All those services (the “Services”) are accessible at http://www.travoom.com and any other websites through which travoom.com makes the Services available (collectively, the “Website”). By using the Website you agree to comply with and be legally bound by the TERMS. These TERMS govern your access to and use of the Website and Services and all Collective Content (defined below), and your participation in the Rewards Program (defined below), and constitute a binding legal agreement between you and travoom.com. If you do not agree to these TERMS, you have no right to obtain information from or otherwise continue using the Website. Failure to use the Website in accordance with these TERMS may subject you to civil and criminal penalties.

THE WEBSITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENDORS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES. YOU UNDERSTAND AND AGREE THAT TRAVOOM.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENDORS AND GUESTS, NOR IS TRAVOOM.COM A REAL ESTATE BROKER, AGENT OR INSURER. TRAVOOM.COM HAS NO CONTROL OVER THE CONDUCT OF THE USERS OF THE WEBSITE AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Responsibility and Eligible Age

The Website and Services are intended solely for persons who are 18 or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services you represent and warrant that you are 18 or older.

Key Terms

“travoom.com Content” means the features and services we make available, including through the Website or Services and any other travoom.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); our Platform; social plugins and other similar offerings and other media, software (such as a toolbar), devices, or networks now existing or later developed.

“Collective Content” means User Content and travoom.com Content.

“Content” means text, graphics, images, music, software (excluding Mobile app.), audio, video, information or other materials.

“Guest” means a User who requests a booking of experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services via the Website or Services. “Vendor”, “Seller”, & “Host” mean a User who creates a Listing via the Website and Services.

“Vendor”, “Seller”, & “Host” mean a User who creates a Listing via the Website and Services.

“Listing” means experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services that is listed by a User as available for sell or rental via the Website and Services.

“Registered User” means a person who completes travoom.com’s account registration process, including, but not limited to Vendors and Guests, as described under “Account Registration” below.

“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website or Services.

"Platform" means a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from travoom.com or provide data to us.

"Data" or "User data" or "User's data" means any data, including a user's content or information that you or third parties can retrieve from travoom.com or provide to travoom.com through Platform.

"Active Registered User" means a user who has logged into travoom.com at least once in the previous 30 days.

"Post" means post on travoom.com or otherwise make available by using travoom.com.

"Use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REWARDS PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REWARDS PROGRAM. If you accept or agree to these TERMS on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TERMS and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use travoom.com to share with others and how we collect and can use your content. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

Sharing Your Content and Information

You own all of the content you post on travoom.com, and you can control how it is shared. In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with travoom.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. User agrees that all content posted including all intellectual property is owned by the user or the user has obtained express permission to reuse said content.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

We always appreciate your feedback or other suggestions about travoom.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety and User Conduct

We do our best to keep travoom.com safe, but we cannot guarantee it. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website, Services and Content.

We need your help to keep travoom.com safe, which includes the following commitments by you. In connection with your use of our Website and Services, you may not and you agree that you will not:

  • 1. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • 2. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, Services or Content;
  • 3. use the Website or Services for any commercial or other purposes that are not expressly permitted by these TERMS;
  • 4. copy, store or otherwise access any information contained on the Website, Services or Content for purposes not expressly permitted by these TERMS;
  • 5. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • 6. interfere with or damage our Website or Services, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • 7. use our Website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • 8. use our Website or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
  • 9. "stalk" or harass any other user of our Website or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a travoom.com Guest or Vendor;
  • 10. offer any product or service that you do not yourself own or have permission to offer (i.e. without limiting the foregoing, you will not list Accommodations as a Vendor if you are serving in the capacity of a rental agent or listing agent for a 3rd party or, as a Vendor, you will not list any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a 3rd party, including, but not limited to, a property rental agreement);
  • 11. register for more than one travoom.com Account or register for a travoom.com Account on behalf of an individual other than yourself;
  • 12. contact a Vendor for any purpose other than asking a question related to a booking;
  • 13. contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Website and Services;
  • 14. when acting as a Guest or otherwise, recruit or otherwise solicit any Vendor or other User to join 3rd party services or websites that are competitive to travoom.com, without travoom.com prior written approval;
  • 15. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • 16. use automated scripts to collect information or otherwise interact with the Website or Services;
  • 17. use the Website and Services to find a Vendor or a Guest and then complete a booking of an experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services transaction independent of the Website or Services in order to circumvent the obligation to pay any Service Fees related to travoom.com provision of the Services;
  • 18. as a Vendor, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • 19. or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a 3rd party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • 20. systematically retrieve data or other content from our Website or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • 21. use, display, mirror or frame the Website or any individual element within the Website or Services, travoom.com name, any travoom.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without travoom.com express written consent;
  • 22. access, tamper with, or use non-public areas of the Website, travoom.com computer systems, or the technical delivery systems of travoom.com providers;
  • 23. attempt to probe, scan, or test the vulnerability of any travoom.com system or network or breach any security or authentication measures;
  • 24. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by travoom.com or any of travoom.com providers or any other 3rd party (including another user) to protect the Website, Services or Collective Content;
  • 25. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services or Collective Content to send altered, deceptive or false source-identifying information;
  • 26. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Services or Collective Content; or advocate, encourage, or assist any 3rd party in doing any of the foregoing.

travoom.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. travoom.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these TERMS. You acknowledge that travoom.com has no obligation to monitor your access to or use of the Website, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Website and Services, to ensure your compliance with these TERMS, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. travoom.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that travoom.com, at its sole discretion, considers to be objectionable for any reason, in violation of these TERMS or otherwise harmful to the Website or Services.

How the Website and Services Work

The Website and Services can be used to facilitate the listing and booking of experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services. Such products and services are included in Listings on the Website and Services by Vendors. You may view Listings as an unregistered visitor to the Website and Services; however, if you wish to book an offer or create a Listing, you must first register to create a travoom.com Account (see definition below).

travoom.com makes available a marketplace with related technology for Vendors and Guests to meet online and arrange for bookings of experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services. When acting as such, travoom.com is not an owner or operator of properties nor is it a provider of properties and travoom.com does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, Travel services, hotel rooms, other lodgings or Accommodations. travoom.com responsibilities are limited to: (i) facilitating the availability of the Website and Services and (ii) serving as the limited agent of each Vendor for the purpose of accepting payments from Guests on behalf of the Vendors.

PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES. TRAVOOM.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES. TRAVOOM.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

Account Registration

In order to access certain features of the Website and to book an experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services or create a Listing, you must register to create an account (“travoom.com Account”). You may register to join the Services directly via the Website or as described in this section.

You can also register to join by logging into your account with certain 3rd party social networking sites (“SNS”) (including, but not limited to, LinkedIn or Facebook); each such account, a “3rd Party Account”, via our Website as described below. As part of the functionality of the Website and Services, you may link your travoom.com Account with 3rd party Accounts, by either: (i) providing your 3rd party Account login information to travoom.com through the Website or Services; or (ii) allowing travoom.com to access your 3rd party Account, as is permitted under the applicable terms and conditions that govern your use of each 3rd party Account. You represent that you are entitled to disclose your 3rd party Account login information to travoom.com and/or grant travoom.com access to your 3rd 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 3rd party Account and without obligating travoom.com to pay any fees or making travoom.com subject to any usage limitations imposed by such 3rd party service providers. By granting travoom.com access to any 3rd party Accounts, you understand that travoom.com will access, make available and store (if applicable) any Content that you have provided to and stored in your 3rd party Account (“SNS Content”) so that it is available on and through the Website and Services via your travoom.com Account and travoom.com Account profile page. Unless otherwise specified in these TERMS, all SNS Content, if any, will be considered to be User Content for all purposes of these TERMS. Depending on the 3rd party Accounts you choose and subject to the privacy settings that you have set in such 3rd party Accounts, personally identifiable information that you post to your 3rd party Accounts will be available on and through your travoom.com Account on the Website and Services. Please note that if a 3rd party Account or associated service becomes unavailable or travoom.com access to such 3rd party Account is terminated by the 3rd party service provider, then SNS Content will no longer be available on and through the Website and Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE 3RD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR 3RD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH 3RD PARTY SERVICE PROVIDERS. travoom.com makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and travoom.com is not responsible for any SNS Content.

We will create your travoom.com Account and your profile page for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active travoom.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. travoom.com reserves the right to suspend or terminate your travoom.com Account and your access to the Website and Services if you create more than one (1) travoom.com Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any 3rd party and that you will take sole responsibility for any activities or actions under your travoom.com Account, whether or not you have authorized such activities or actions. You will immediately notify travoom.com of any unauthorized use of your travoom.com Account.

Listings

As a Registered User, you may create experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services Listings. To this end, you will be asked a variety of questions about the experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services to be listed, including, but not limited to, the location (valid physical addresses), capacity, size, features, availability and pricing, related rules and financial terms. Listings will be made publicly available via the Website and Services. Other Users will be able to book your experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services via the Website and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking or the purchase of experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services in a Listing you post (i) will not breach any agreements you have entered into with any 3rd parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services included in a Listing you post, including, but not limited to, zoning laws and laws governing properties and (b) not conflict with the rights of 3rd parties. Please note that travoom.com assumes no responsibility for a Vendor’s compliance with any applicable laws, rules and regulations. travoom.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that travoom.com, in its sole discretion, considers to be objectionable for any reason, in violation of these TERMS or otherwise harmful to the Website or Services.

You understand and agree that travoom.com does not act as an insurer or as a contracting agent for you as a Vendor. Any agreement you enter into with a Guest is between you and the Guest and travoom.com is not a party thereto. Notwithstanding the foregoing, travoom.com serves as the limited authorized agent of the Vendor for the purpose of accepting payments from Guest on behalf of the Vendor and is responsible for transmitting such payments to the Vendor.

When you create a Listing, you may also choose to include certain requirements which must be met by the Guests who are eligible to request a booking of your experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services, including, but not limited to, requiring Guests to have a profile picture or verified phone number, in order to book your experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services. Any User wishing to book experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Vendor” section of the Website and Services.

If you are a Vendor, travoom.com makes certain tools available to you to help you to make informed decisions about which users you choose to confirm for booking for your experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services. You acknowledge and agree that, as a Vendor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who employ/reside at or are otherwise present at your request or invitation, excluding the Guest (and the Guest invitees, if applicable). travoom.com recommends that all Vendors obtain appropriate insurance for their properties. Please review any insurance policy that you may have for your property 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 Guests (and the Guest invitees to the property, if applicable) while at your Property.

No Endorsement

travoom.com does not endorse any users or any experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services. 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 Website and Services. Except as provided in the travoom.com Vendor Guarantee Terms and Conditions (“travoom.com Vendor Guarantee”), which is an agreement between travoom.com and Vendors, we will not be responsible for any damage or harm resulting from your interactions with other users. (Please see travoom.com Vendor Guarantee Terms and Conditions at www.travoom.com/site/TermsOfService for information about the travoom.com Vendor Guarantee.)

By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other 3rd parties will be limited to a claim against the particular users or other 3rd parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from travoom.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Website and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Vendor against travoom.com regarding the remittance of payments received from a Guest by travoom.com on behalf of a Vendor, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Vendors.

If you are a Vendor and a booking is requested for your experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services via the Website and Services, you will be required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by travoom.com in its sole discretion) and travoom.com reserves the right to cancel the request past this 48 hour period. When a booking is requested via the Website and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s travoom.com Account profile page, (iii) the names of any users of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to travoom.com when the Guest became a user matches the name that the Guest provided to the SNSs to which the Guest has linked his or her travoom.com Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services within such 48 hour period, any amounts collected by travoom.com for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, travoom.com will send you an email, text message or message confirming such booking, depending on the selections you make via the Website and Services.

The fees displayed in each Listing are comprised of the experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the both of those Fees. The experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services Fees, the Guest Fees and applicable Taxes are collectively referred to in these TERMS as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Vendor’s experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services are the “Provider’s Fees”. Please note that it is the Vendor and not travoom.com which determines the Providers Fees.

travoom.com charges a fee to Guests based upon a percentage of applicable Providers Fees which are the “Guest Fees”. The Guest Fees are added to the Providers Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. travoom.com will collect the Total Fees at the time of booking confirmation (i.e. when the Vendor confirms the booking within 48 hours of the booking request) and will initiate payment of the Providers Fees (less travoom.com Vendor Fees (defined below)) to the Vendor within the specified timeframe dictated by the applicable Seller Payout Policy defined below.

Appointment of travoom.com as Payment Agent for Vendors

Each Vendor hereby appoints travoom.com as the Vendor’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Vendor. Each Vendor agrees that payment made by a Guest to travoom.com shall be considered the same as a payment made directly to the Vendor and the Vendor will make the goods and services available to Guest in the agreed upon manner as if the Vendor has received the Providers Fees. Each Vendor agrees that, travoom.com may, in accordance with the cancellation policy applicable to the listing type (as outlined below), (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Providers Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Vendor, travoom.com assumes no liability for any acts or omissions of the Vendor.

Please note that travoom.com does not currently charge fees for the creation of Listings. However, you acknowledge and agree that travoom.com reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that travoom.com will provide notice of any Listing fee collection via the Website and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests

The Vendors, not travoom.com, are solely responsible for honoring any confirmed bookings and making available any experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services reserved through the Website and Services. If you, as a Guest, choose to enter into a transaction with a Vendor for the booking of an experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services, you agree and understand that you will be required to enter into an agreement with the Vendor and you agree to accept any terms, conditions, rules and restrictions associated with such experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services imposed by the Vendor. You acknowledge and agree that you, and not travoom.com, will be responsible for performing the obligations of any such agreements, that travoom.com is not a party to such agreements, and that, with the exception of its payment obligations hereunder, travoom.com disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that travoom.com is not a party to the agreement between you and the Vendor, travoom.com acts as the Vendor’s payment agent for the limited purpose of accepting payments from you on behalf of the Vendor. Upon your payment of amounts to travoom.com which are due to the Vendor, your payment obligation to the Vendor for such amounts is extinguished, and travoom.com is responsible for remitting such amounts, less travoom.com Vendor Fees, to the Vendor. In the event that travoom.com does not remit any such amounts to a Vendor, such Vendor will have recourse only against travoom.com.

Listings for experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services will specify the Total Fees. As noted above, the Vendor is required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by travoom.com in its sole discretion) or the requested booking is subject to cancellation by travoom.com If a requested booking is cancelled (i.e. not confirmed by the applicable Vendor), any amounts collected by travoom.com will be refunded to such Guest, depending on the selections the Guest makes via the Website and any pre-authorization of such Guest’s credit card will be released, if applicable.

You agree to pay travoom.com for the Total Fees for any booking requested in connection with your travoom.com Account if such requested bookings are confirmed by the applicable Vendor. In order to establish a booking pending the applicable Vendor’s confirmation of your requested booking, you understand and agree that travoom.com, on behalf of the Vendor, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once travoom.com receives confirmation of your booking from the applicable Vendor, travoom.com will collect the Total Fees in accordance with the terms and conditions of these TERMS and the pricing terms set forth in the applicable Listing. Please note that travoom.com cannot control any fees that may be charged to a Guest by his or her bank related to travoom.com collection of the Total Fees, and travoom.com disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to travoom.com or its 3rd party payment processor. You agree to pay travoom.com for any confirmed bookings made in connection with your travoom.com Account in accordance with these TERMS by one of the methods described on the Website, e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by travoom.com or indirectly, via a 3rd party online payment processor or by one of the payment methods described on the Website. You also authorize travoom.com to charge your credit card in the event of damage caused at a property as contemplated under “Damage to properties” below and for Security Deposits, if applicable. If you are directed to travoom.com 3rd party payment processor, you may be subject to terms and conditions governing use of that 3rd party’s service and that 3rd party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Vendor may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services. If a Security Deposit is included in a Listing for a confirmed booking of experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services, travoom.com use its commercially reasonable efforts to address Vendor requests and claims related to Security Deposits, but travoom.com is not responsible for administering or accepting any claims by Vendors related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees

In consideration for providing the Services, travoom.com collects a service fee of 5% (the Service Fee) from Buyers. The 5% Service Fee is applied at the time of purchase to the total price listed by the Vendor.

General Booking and Financial Terms

Vendor Guarantee & Buyer Guarantee

Cancellations and Refunds

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Vendor, travoom.com will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Website and Services, either prior to or after check-in the travoom.com cancellation policy applicable to the Vendor will apply to such cancellation. Our ability to refund the Providers Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Website.

If a Vendor cancels a confirmed booking made via the Website and Services, travoom.com will refund the appropriate amount, as dictated by the respective cancellation policy, for such booking to the applicable Guest within a commercially reasonable time of the cancellation

Buyers and sellers are subject to travoom.com’s cancellation and refund policies for their designated category/categories outlined below:

HOMESTAY CANCELLATIONS

Buyers are able to cancel a reservation within 72 hours of booking as long as the booking was made more than 30 days out from the check-in date for a full refund (minus service fees) in the form of credit to use on travoom.com.

Sellers agree to a penalty of 2 times the cost of the homestay reservation for any cancellations on their part. Sellers who cancel twice within the span of 1 year will be banned from the website.

HOTEL CANCELLATIONS

There are no cancellations for hotel bookings.

HOSPITALITY CANCELLATIONS

There are no cancellations on hospitality purchases/sales.

EXPERIENCE CANCELLATIONS

There are no refunds for spectator experience packages that include tickets.

Guest cancellations work on the following timeline:

  1. …at least 90 days prior to experience start date receive an 80% refund minus service fees.
  2. …between 90-60 days prior to experience start date receive a 50% refund minus service fees
  3. …between 60-0 days prior to experience start date receives NO refund.

Sellers are not able to cancel a reservation. Force Majeure cancellations result in a full refund to a guest (excluding service fees).

SELLER PAYOUT POLICY

HOMESTAY: payouts to sellers are administered 24 hours after guest check-in

HOTEL: payouts to sellers are administered 24 hours after guest check-in

HOSPITALITY: payouts to sellers are administered upon delivery of tickets (subject to buyer confirmation)

EXPERIENCE: Once a booking is made, sellers receive 20% of the payout total (confirmation deposit), 60% payout is transferred 60 days before the event, and the remaining 20% is transferred upon completion of the Experience (i.e. guest check-out). Learn more at Experience FAQs.

COMMISSIONS ON VENDOR SALES

Travoom.com takes a commission on all Sellers’ confirmed sales. The commission for each listing category is as follows:

HOMESTAY – 7.5% commission on the listed price

HOTEL – starting at 15% commission on the listed price

HOSPITALITY – 12% commission on the listed price

EXPERIENCE – 12% commission on the listed price

Taxes

IRS regulation, regarding federal tax reporting requirements, stipulates that travoom.com must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. travoom.com cannot and does not offer Tax-related advice to any users of the Website and Services. Additionally, please note that each Vendor is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Vendor, travoom.com may issue a valid VAT invoice to such Vendor.

Foreign Currency

All prices, payouts, and transactions are listed and processed in United States Dollars.

Damage to Properties

As a Guest, you are responsible for leaving the accommodation and/or premises (including, but not limited to Hotel rooms, Residential, Boats, etc) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of your invitees to, or otherwise provide access to, the accommodation and/or premises (including, but not limited to Hotel rooms, Residential, Boats, etc). In the event that a Vendor claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your travoom.com Account. travoom.com also reserves the right to charge the credit card on file in your travoom.com Account, or otherwise collect payment from you and pursue any avenues available to travoom.com in this regard, including using Security Deposits, in situations in which you have been determined, in travoom.com sole discretion, to have damaged any property, including, but not limited to, in relation to any payment requests made by Vendor under the travoom.com Vendor’s Guarantee, and in relation to any payments made by travoom.com to Vendor. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the accommodation and/or premises (including, but not limited to Hotel rooms, Residential, Boats, etc) to the applicable Vendor or to travoom.com (if applicable).

Both Guests and Vendor agree to cooperate with and assist travoom.com in good faith, and to provide travoom.com with such information and take such actions as may be reasonably requested by travoom.com, in connection with any complaints or claims made by users relating to Property or any personal (including, without limitation, payment requests made under the travoom.com Vendor Guarantee) or with respect to any investigation undertaken by travoom.com or a representative of travoom.com regarding use or abuse of the Website or the Services. If you are a Guest, upon travoom.com reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Vendor, at no cost to you, which process will be conducted by travoom.com or a 3rd party selected by travoom.com, with respect to losses for which the Vendor is requesting payment from travoom.com under the travoom.com Vendor Guarantee.

If you are a Guest, you understand and agree that travoom.com reserves the right, in its sole discretion, to make a claim under your Vendor’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to a property (including amounts paid by travoom.com under the travoom.com Vendor Guarantee). You agree to cooperate with and assist travoom.com in good faith, and to provide travoom.com with such information as may be reasonably requested by travoom.com in order to make a claim under your Vendor’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as travoom.com may reasonably request to assist travoom.com in accomplishing the foregoing.

Privacy

See travoom.com Privacy Policy at http://www.travoom.com/site/privacy and for information and notices concerning travoom.com collection and use of your personal information.

Ownership

The Website, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Website, Services and Collective Content, including all associated intellectual property rights is the exclusive property of travoom.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Collective Content.

travoom.com Rewards Program

As a user you may participate in the “Rewards Program” by inviting others to join travoom.com. As part of the Rewards Program, users are able to invite their own unique contacts from the available platform options offered by travoom.com (e.g. Facebook, Gmail, Yahoo, Windows Live) to join travoom.com and register as users. By inviting a minimum of 20 individual persons, users are awarded a $100 USD (Unites States Dollar) credit for use on travoom.com (the “Rewards”).

In order to receive a Rewards Program Reward, each of the following requirements must be met (collectively, a “Qualifying Rewards”): (i) you must log in to your travoom.com Account on the Website and select either the Gmail, Windows Live, Yahoo, or Facebook sharing option (ii) you must select at minimum 20 of your contacts to send an invitation to from the listed platform options; or use any of the other tools provided by travoom.com to share the unique referral link with at minimum 20 friends;

Rewards can be accrued solely by you and you may not earn Rewards by permitting another individual to use your travoom.com Account. Rewards accrued in multiple travoom.com Accounts may not be combined into one travoom.com Account. You may not earn Rewards by creating multiple travoom.com Accounts. By acquiring Rewards, you agree and acknowledge that travoom.com is granting you a limited, revocable license to a digital item, and that Rewards are not your personal property. You may not obtain any cash or money in exchange for Rewards. Except as explicitly provided herein, Rewards are non-transferable. Users are responsible for keeping track of the Rewards in their travoom.com Accounts.

Specific Terms Regarding travoom.com Credits

travoom.com Credits may only be redeemed for confirmed bookings via the Website and Services and after you accrue travoom.com Credits, such travoom.com Credits may be automatically applied to your next confirmed booking made via the Website and Services. You may only redeem travoom.com Credits after the travoom.com Credits are reflected in your travoom.com Account. The scope, variety, and type of services and products that you may obtain by redeeming travoom.com Credits can change at any time.

travoom.com Credits expire two (2) years from the date that any travoom.com Credits are last accrued in your travoom.com Account. If for some reason you believe that there is a discrepancy regarding your balance of travoom.com Credits, please contact us at info@travoom.com. travoom.com may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at travoom.com sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of travoom.com Credits. Where applicable, travoom.com may be required to account for VAT on any services for which the travoom.com Credits are redeemed.

Without limiting any other terms of these TERMS and subject to applicable law, all travoom.com Credits are forfeited if your travoom.com Account is terminated or suspended for any reason, in travoom.com sole discretion, or if travoom.com discontinues providing the Website, Services or the Rewards Program.

travoom.com Content and user Content License

Subject to your compliance with the terms and conditions of these TERMS, travoom.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any travoom.com Content solely for your personal and non-commercial purposes and (ii) access and view any user Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Services, or Collective Content, except as expressly permitted in these TERMS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by travoom.com or its licensors, except for the licenses and rights expressly granted in these TERMS.

User Content

We may, in our sole discretion, permit users to post, upload, publish, submit or transmit user Content. By making available any user Content on or through the Website and Services, you hereby grant to travoom.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such user Content on, through, or by means of the Website and Services. travoom.com does not claim any ownership rights in any such user Content and nothing in these TERMS will be deemed to restrict any rights that you may have to use and exploit any such user Content.

You acknowledge and agree that you are solely responsible for all user Content that you make available through the Website and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all user Content that you make available through the Website and Services or you have all rights, licenses, consents and releases that are necessary to grant to travoom.com the rights in such user Content, as contemplated under these TERMS; and (ii) neither the user Content nor your posting, uploading, publication, submission or transmittal of the user Content or travoom.com use of the user Content (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a 3rd party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that travoom.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by travoom.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the travoom.com Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of travoom.com used herein are trademarks or registered trademarks of travoom.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services (“Feedback”). You may submit Feedback by emailing us at info@travoom.com or through the “Contact” (www.travoom.com/contact) section of the Website. You acknowledge and agree that all Feedback will be the sole and exclusive property of travoom.com and you hereby agree to irrevocably assign to travoom.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At travoom.com request and expense, you will execute documents and take such further acts as travoom.com may reasonably request to assist travoom.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

travoom.com respects copyright law and expects its users to do the same. It is travoom.com policy to terminate in appropriate circumstances the travoom.com Accounts of users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see travoom.com Copyright Policy at www.travoom.com/site/TermsOfService, for further information.

Termination and travoom.com Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these TERMS or your access to our Website and Services, and (b) deactivate or cancel your travoom.com Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event travoom.com terminates these TERMS, or your access to our Website and Services or deactivates or cancels your travoom.com Account you will remain liable for all amounts due hereunder. You may cancel your travoom.com Account at any time by sending an email to info@travoom.com. Please note that if your travoom.com Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE WEBSITE AND SERVICES AND PARTICIPATE IN THE REWARDS PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAVOOM.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND VENDORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE, SERVICES, COLLECTIVE CONTENT AND REWARDS PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRAVOOM.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRAVOOM.COM MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS, OR THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRAVOOM.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES, YOUR ACCRUAL OF TRAVOOM.COM CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE WEBSITE, SERVICES OR REWARDS PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAVOOM.COM OR THROUGH THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY VENDORS OR GUESTS. YOU UNDERSTAND THAT TRAVOOM.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES OR TO REVIEW OR VISIT ANY PROPERTIES. TRAVOOM.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO GUESTS AND VENDORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRAVOOM.COM. NOTWITHSTANDING TRAVOOM.COM APPOINTMENT AS THE LIMITED AGENT OF THE VENDORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE VENDORS, TRAVOOM.COM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER 3RD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES VIA THE WEBSITE AND SERVICES, YOUR PARTICIPATION IN THE REWARDS PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TRAVOOM.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TRAVOOM.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, SERVICES, COLLECTIVE CONTENT OR THE REWARDS PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES, OR YOUR PARTICIPATION IN THE REWARDS PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES VIA THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAVOOM.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE VENDOR PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TRAVOOM.COM VENDOR GUARANTEE, IN NO EVENT WILL TRAVOOM.COM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES VIA THE WEBSITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REWARDS PROGRAM AND IN CONNECTION WITH ANY EXPERIENCE TRAVELING, ACCOMMODATIONS, HOTEL AND RESORT FRUITION, EVENT TICKETS & RELATED HOSPITALITY SERVICES OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE WEBSITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A VENDOR, THE AMOUNTS PAID BY TRAVOOM.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRAVOOM.COM AND YOU. 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.

Indemnification

You agree to release, defend, indemnify, and hold travoom.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website, Services, or Collective Content or your violation of these TERMS; (b) your user Content; (c) your (i) interaction with any user, (ii) booking of an experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services, (iii) creation of a Listing or (iv) the use, condition or rental of a Property by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Property and (d) your participation in the Rewards Program or your accrual of any travoom.com Credits.

Reporting Misconduct

If you stay with a Vendor or anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to travoom.com by contacting us with your police station and report number at info@travoom.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These TERMS constitute the entire and exclusive understanding and agreement between travoom.com and you regarding the Website, Services, Collective Content, Rewards Program and any bookings or Listings of experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services made via the Website and Services, and these TERMS supersede and replace any and all prior oral or written understandings or agreements between travoom.com and you regarding bookings or listings of experience traveling, accommodations, hotel and resort fruition, event tickets & related hospitality services, the Website, Services, Collective Content and Rewards Program.

Assignment

You may not assign or transfer these TERMS, by operation of law or otherwise, without travoom.com prior written consent. Any attempt by you to assign or transfer these TERMS, without such consent, will be null and of no effect. travoom.com may assign or transfer these TERMS, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these TERMS, will be in writing and given by travoom.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These TERMS will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Los Angeles, California or a United States District Court, Southern District of California located in Los Angeles, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and travoom.com agree that any dispute, claim or controversy arising out of or relating to these TERMS or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and travoom.com are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and travoom.com otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these TERMS.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and travoom.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $50,000.00 then the arbitration will be conducted solely on the basis of documents you and travoom.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $50,000.00 your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $30,000, travoom.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if travoom.com changes this “Dispute Resolution” section after the date you first accepted these TERMS (or accepted any subsequent changes to these TERMS), you may reject any such change by sending us written notice (including by email to info@travoom.com) within 15 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of travoom.com email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and travoom.com in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these TERMS (or accepted any subsequent changes to these TERMS).

General

The failure of travoom.com to enforce any right or provision of these TERMS will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of travoom.com. Except as expressly set forth in these TERMS, the exercise by either party of any of its remedies under these TERMS will be without prejudice to its other remedies under these TERMS or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these TERMS invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these TERMS will remain in full force and effect.

Contacting travoom.com

If you have any questions about these TERMS please contact travoom.com at info@travoom.com.