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TERMS OF USE

Vámonos Tours, Inc. Websites

Welcome to Vámonos Tours, Inc. and its platform for ViVámonos programs. The following are the Terms of Use (these “Terms”) that govern use of VámonosTours.com and ViVámonos.com. By using or visiting the Site(s) or participating in a program, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Vámonos Tours, Inc., a Delaware Corporation  (“we”), reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms, Vámonos Tours, Inc. may terminate your use of the Site, bar you from future use of the Site, cancel your enrollment or order, and/or take appropriate legal action against you.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to enroll in a program, unless otherwise specifically authorized by Vámonos Tours, Inc. to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Vámonos Tours, Inc. to do so. The content and software on this Site is the property of Vámonos Tours, Inc. and/or its suppliers and is protected by U.S., Canadian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

Participation Enrollment Policy

Please review the participation enrollment policy on the ViVámonos site, which will govern your confirmation order to enroll participants in ViVámonos programs.  Participants who are minors must be enrolled by a parent or guardian, who may supervise the minor’s participation in the program.  As a condition of enrollment, the parent/guardian hereby releases Vámonos Tours, Inc., its owners, officers, employees and agents, from liability for actions of other participants who are not under the control of Vámonos Tours, Inc.

Participation is limited to those who Vámonos Tours, Inc. deems to be participating within the scope of the topic of the program offered by Vámonos Tours, Inc.  We reserve the right to block or terminate a participant’s access to a program if, in our exclusive discretion the participant’s actions are disruptive to the program or offensive to other participants.

Vámonos Tours, Inc. is not responsible for:

Images viewable on a participant’s screen; or

Statements and other content presented by a participant.

Without limiting the generality of the foregoing, preceding disclaimer includes the content of all audio, video and other input from any participant who is not an employee or agent of Vámonos Tours, Inc.

Payment Deadlines and Refunds

Payment Schedule. Payment is due in full 10 days prior to experience; if paying for a group, the group leader must specify how many and pay for all of them at once.

Payment Options. Users may choose to pay in a variety of ways:

  • Mail a check to: Vamonos Tours, PO Box 7842, Wilmington, DE 19803
  • Book and pay with credit card via our website
  • Cancellations and Refunds. If you need to cancel in less than 7 days of your experience, you have two options:
  1. Reschedule your experience within two weeks without penalty.
  2. If you choose not to reschedule, a cancellation fee of 25% of the event price will applied.

Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations

You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information you provide during any registration, authentication, participation, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, you may be prohibited from using the Site.

User Contributions to the Site

From time to time, the Site may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as “User Content”. Vámonos Tours, Inc. is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of Vámonos Tours, Inc. We cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us. We will investigate your claim and may then take the actions deemed appropriate.

Links and Search Results

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Vámonos Tours, Inc. has no control over these sites or the content within them. Vámonos Tours, Inc. cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Vámonos Tours, Inc. does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Vámonos Tours, Inc. for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content

  • The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:
  • Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
  • Harasses or advocates harassment of another person;
  • Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
  • Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Displays pornographic or sexually explicit material of any kind;
  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • Engages in commercial activities without our prior written consent.

Offline Conduct

Although Vámonos Tours, Inc. cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

Commercial Use

No bulletin board, chat or other areas of this Site may be used by our visitors for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not use the Site to resell or link to other sites for the purpose of selling merchandise or services of any kind. You must obtain our prior written consent to make commercial transactions of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to this Site or Vámonos Tours, Inc.’s other services, or cancel an order with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these Terms or Vámonos Tours, Inc.’s rights. Violating any limitations or terms on the Site will be deemed to be a violation of these Terms.

Access and Interference

You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of Vámonos Tours, Inc..

Unauthorized Use of the Site

Any Illegal or unauthorized use of the Site shall constitute a violation of these Terms of Use. You do not have permission to access the Site in any way that violates these Terms of Use. Illegal or unauthorized use of the Site includes, but is not limited to, using the site to facilitate unauthorized linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site. It shall also be a violation of these Terms of Use: (a) for any individual to request to use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a program or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from Vámonos Tours, Inc., or from another organization with whom Vámonos Tours, Inc. is working to enable such offer) or if your participation in such program or other offer is inconsistent with such program or offer’s terms.

Suspected Violation of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated Damages

Violations of these Terms of Use, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Vámonos Tours, Inc.’s sole discretion, and without prior notice, Vámonos Tours, Inc. may terminate your access to the Site, cancel your enrollment, remove any unauthorized User Content or exercise any other remedy available, if Vámonos Tours, Inc. believes that your conduct or the conduct of any person with whom Vámonos Tours, Inc. believes you act in concert, or the User Content you provide, or any resale of such enrollment purchased through Vámonos Tours, Inc., violates or is inconsistent with these Terms or the law, or violates the rights of Vámonos Tours, Inc., a client of Vámonos Tours, Inc. or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to Vámonos Tours, Inc. for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

You agree that Abusive Use of the Site, as defined above, causes damage and harm to Vámonos Tours, Inc. in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Site. You further agree that monetary damages for Abusive Use of the Site are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly, you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively take action that impairs our ability to conduct a program, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of ten thousand dollars ($10,000.00) per program that we are unable to conduct as scheduled. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Use being in effect.

Vámonos Tours, Inc. is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Vámonos Tours, Inc.’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.

Privacy

We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. Vámonos Tours, Inc. will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom Vámonos Tours, Inc. is allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms “post” we mean the provision of information (including, but not limited to, “User Content”) to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, virtual meeting programs, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by Vámonos Tours, Inc. or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, pagers, email address or other such information. If you post such information, Vámonos Tours, Inc. cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.

Vámonos Tours, Inc. is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.

U.S. Export Controls

This Site and software derived from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

Disclaimers

VÁMONOS TOURS, INC. DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. VÁMONOS TOURS, INC. CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE EXTENT PERMITTED BY LAW, VÁMONOS TOURS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VÁMONOS TOURS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. VÁMONOS TOURS, INC. MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE VÁMONOS TOURS, INC. SERVICE.

VÁMONOS TOURS, INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, VÁMONOS TOURS, INC. USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE VÁMONOS TOURS, INC. SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE VÁMONOS TOURS, INC. SERVICE. VÁMONOS TOURS, INC. IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.

Limitation on Liability

IN NO EVENT WILL VÁMONOS TOURS, INC. BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVNUES OR BUSINESS OPPORTUNITIES, EVEN IF VÁMONOS TOURS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes

The Site is controlled and operated by Vamonos from its office in Wilmington, Delaware and is not intended to subject Vamonos to the laws or jurisdiction of any state, country or territory other than Delaware and the United States of America. The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Member Services are not available in Cuba, Iran, Lebanon, Syria, North Korea, Libya, Sudan or Somalia, and you may not, and should not attempt to, purchase Member Services if you are located in any of those countries.

Disputes will be governed by the laws of the State of Delaware without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in New Castle County, Delaware. If you have a dispute regarding the Site but not regarding an event (and not regarding enrollment for an event), then: (a) if you are accessing the Site from the United States or any country, then the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in New Castle County, Delaware.

Cap on Liability

Subject only to the sub-section below titled Compliance with the Law, our maximum aggregate liability to you under or in connection with the Site and these Terms of Use whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to one hundred US Dollars (US $100) or the equivalent amount in your local currency.

Indemnity

You agree to indemnify and hold Vámonos Tours, Inc. and its affiliates, and each of Vámonos Tours, Inc.’s and its affiliates’ respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Trademarks

Vámonos Tours, Inc., Vámonos Tours, ViVámonos, ViExperiences, ViChats, ViWorkshops, ViTrips, ViMusic, ViVolunteer, and any associated logos

and designs are registered trademarks of Vámonos Tours, Inc., a Delaware corporation. All rights reserved.

Miscellaneous

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any terms and conditions incorporated herein, constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicensable by you except with Vamonos’ prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Questions

The Site is provided by Vamonos Tours. If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at PO Box 7842, Wilmington, DE 19803.