Vegvisits Terms & Conditions

Terms of Use

Effective 9/1/15

1. INTRODUCTION

Thank you for choosing Vegvisits. These Terms of Use (the “Terms”) cover your rights and obligations relating to your access and use of the Vegvisits website, blog, and related services (the “Services”). Any reference to “we”, “our”, and “us” in this Policy refers to Vegvisits, LLC, which operates the Services. In addition to these Terms, please review the Vegvisits Privacy Policy, which describes our practices related to collection and use of your information to provide the Services. These Terms apply to our Privacy Policy as well. By using the Services, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.

PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.

Do not hesitate to contact us via email (info@vegvisits.com) or through our "Contact Us” form on our website if you have any questions or want to discuss either of these important documents.

2. AGE POLICY

The Services are exclusively for those 18 years of age or older. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. We do not intend that the Services be used by anyone under 13 years old. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly delete any personal information in that user’s Account.

3. DEFINITIONS

In addition to other words defined throughout these Terms, the following words shall have the following corresponding meanings:

  • “Account” means the account established by a Member in order to post Listings as a Host, or to request and establish Bookings as a Traveler.
  • “Booking” means the result after (1) a Host accepts and confirms a Traveler’s request for travel accommodations or Kitchen Rental, (2) we process the payment as described in these Terms, and (3) we provide the relevant location and contact details to both Host and Traveler.
  • “Host” means a Vegan or Vegetarian who posts a Listing on the Services.
  • “House Rules” means the terms, conditions, or rules posted on a Listing and which the Host requires a Traveler who seeks overnight or hourly accommodations to follow. House Rules may include, and are not limited to, requirements for: Travelers to uphold the Vegetarian Promise and/or the Vegan Promise, Security Deposits, additional dietary restrictions, any pet or smoking restrictions, check-in and check-out times, and any other rules in compliance with applicable laws.
  • “Kitchen Rental” means a Booking limited to a Host’s kitchen (and any surrounding area of a Host’s accommodations necessary to use and enjoy the kitchen) on an hourly basis.
  • “Listing” means the public information provided by a Host to us about the accommodations available to rent by Travelers as part of the Services. Listings shall include any House Rules. You acknowledge and agree that any information contained in your Listing may be available to the Vegvisits community, the general public, and may appear in related Internet searches.
  • “Members” means Hosts and Travelers collectively.
  • “Profile” means the information provided to us by Members to aid in the ease of using the Services including, but not limited to, personal details such as photos, hobbies/interests, location, dietary preferences or any other relevant personal details. You acknowledge and agree that any information contained in your Profile may be available to the Vegvisits community, the general public, and may appear in related Internet searches.
  • “Traveler” means a Vegan or Vegetarian who seeks and/or books accommodations using the Services.
  • “Vegan”, for purposes of these Terms, means a person who abstains from the consumption of all animal-based food products including, but not limited to, red meat, poultry, seafood, eggs, dairy, beeswax, and honey.
  • “Vegan Promise”, in the context of a Traveler, means a representation and warranty made by a Traveler that the Traveler agrees to maintain a Vegan lifestyle and to not store, transport, or prepare any non-Vegan foods anywhere within the legal premises of the Host’s property during the time of the Traveler’s scheduled stay. “Vegan Promise,” in the context of a Host, means a representation and warranty made by a Host that the Host lives in a strict Vegan home and does not store, transport, or prepare any non-Vegan foods anywhere within the legal premises of the Host’s property that is posted on a Listing, and has not done so for a period of at least three (3) months prior to creating a Listing.
  • “Vegetarian”, for purposes of these Terms, means a person who abstains from the consumption of animal meat including, but not limited to, red meat, poultry, seafood, and the flesh of any animal.
  • “Vegetarian Promise”, in the context of a Traveler, means a representation and warranty made by a Traveler that the Traveler agrees to maintain a Vegetarian lifestyle and to not store, transport or prepare any non-Vegetarian foods anywhere within the legal premises of the Host’s property during the time of the Traveler’s scheduled stay. “Vegetarian Promise,” in the context of a Host, means a representation and warranty made by a Host that the Host lives in a strict Vegetarian home and does not store, transport, or prepare any non-Vegetarian foods anywhere within the legal premises of the Host’s property that is posted on a Listing, and has not done so for a period of at least three (3) months prior to creating a Listing.

4. VEGVISITS IS ONLY A PLATFORM TO FACILITATE AGREEMENTS; BOOKINGS ARE AGREEMENTS BETWEEN HOSTS AND TRAVELERS

The Services are provided to you solely as a platform to facilitate matching Vegetarian and/or Vegan Travelers seeking travel accommodations with Vegetarian and/or Vegan Hosts. We do not own or manage any of the properties listed as part of the Services. When a Traveler and a Host collectively complete a Booking using the Services, the Traveler and Host may enter into an agreement with each other regarding the terms and conditions of the Booking, including any House Rules imposed by the Host and the terms and conditions related to any Additional Services offered by the Host. However, the Traveler and the Host must adhere to the agreed upon price at time of Booking. It is the responsibility of the Host and the Traveler to make arrangements for the processing of payments. For more information regarding payments, please see Section 14 below.

All Travelers and Hosts are responsible for honoring the agreement between them, including any House Rules imposed by the Host as part of the Booking. We are NOT a party to any such agreement between Travelers and Hosts, and we do not assume any responsibility for compliance with the terms of such agreement.

You understand and agree that (1) we are providing the Services solely as an independent platform to help connect Travelers and Hosts to each other, (2) we are not a party to any agreement between Travelers and Hosts established in the process of creating a Booking, and (3) we assume no responsibility or liability for any activities or claims that may arise from a Booking or from any use of the Services. You further understand and agree that we are not a contracting agent.

5. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS

You agree that you will abide by all laws, rules, regulations, and agreements that may apply to you. Such laws may include, but are not limited to, land use laws such as zoning ordinances, permits, and licenses; homeowners association, condominium, lease, or rental agreements; local, state, and federal taxes; compliance with laws regarding safety; and any other applicable laws. We assume no responsibility for your compliance with any law, rule, regulation, or agreement. We reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.

6. WE ARE NOT AN INSURER

You understand and agree that we neither are nor act as an insurer, and we do not provide insurance to any Member. We recommend that all Hosts and Travelers obtain proper insurance for their accommodations prior to creating a Listing.

7. VEGETARIAN PROMISE, VEGAN PROMISE, AND ADDITIONAL DIETARY REPRESENTATIONS

The Vegvisits community is a meat-free community. By using the Services, you agree that you will strictly uphold the Vegetarian Promise or the Vegan Promise (as applicable). Additionally, if you are a Host, you may include additional dietary restrictions in your House Rules, such as raw food, nut-free, gluten-free, or high carb-low fat. By including any additional dietary restrictions in your House Rules, you agree to strictly honor those restrictions within the accommodations that are part of your Listing. Similarly, if you are a Traveler and make a Booking with a Host who has imposed additional dietary restrictions in his/her House Rules, you agree to strictly honor such restrictions during the time of your scheduled stay.

If a Traveler violates the Vegetarian Promise and/or Vegan Promise (as applicable), we reserve the right to suspend or terminate that Traveler’s Account.

8. KITCHEN RENTALS

As part of the Services, Hosts and Travelers will have the opportunity to list and book Kitchen Rentals on an hourly basis. All terms and conditions of using the Services contained in these Terms are applicable to Kitchen Rentals. These include, but are not limited to, the need to comply with all applicable laws (Section 5) and the need to comply with the Vegetarian Promise and/or Vegan Promise (Section 7).

As consideration for listing and booking a Kitchen Rental, you understand and agree that:

  • As a Host, you will not provide any ingredients or prepared food items to Travelers.
  • As a Traveler, you will not receive any ingredients or prepared food items from Hosts, will be responsible for supplying your own ingredients and preparing your own meals, and will not sell or otherwise distribute any food items to members of the public.

Further, you understand and agree that you are solely responsible for compliance with all laws, rules, and regulations applicable to the Kitchen Rentals including, but not limited to, any applicable licensing requirements, safety compliance obligations, taxes, and others.

As a Host, you may list and book a Kitchen Rental, during the term of an overnight Traveler’s stay at your accommodations, to a different Traveler. However, you must obtain permission from the overnight Traveler prior to doing so, and you must inform both Travelers about the other’s use of your accommodations.

9. WE ARE NOT RESPONSIBLE FOR ADDITIONAL SERVICES OFFERED BY HOSTS

If you use the Services as a Host, you may offer additional services, which may include, but are not limited to: yoga, Pilates, acupuncture, massage therapy, personal training, wellness coaching, or meal preparation (such services are collectively referred to as “Additional Services”). If you choose to offer Additional Services, you agree that you are solely responsible for compliance with all laws, rules, and regulations applicable to the Additional Services you offer through the Services including, but not limited to, any applicable licensing requirements, safety compliance obligations, taxes, and others. You acknowledge and agree that all Additional Services shall be arranged and paid for outside of the Services, and that we are not a party to any such arrangement or agreement for Additional Services.

We do not endorse or corroborate Member’s Listings, and we do not assume the responsibility to verify the accuracy and truth of the content of Members’ Listings. As such, we will not be responsible for any misrepresentation made by a Member on the Services with respect to any Additional Services offered by the Member.

10. ACCOUNT CREATION & RULES

A user without an Account can browse Listings on the Services. However, in order to post a Listing or to request a Booking, all Members must create an Account. As a Member, you are limited to one active Account. To create an Account, you must provide us with your name and email address. You will also need to establish a password for your Account. Please see our Privacy Policy, for more information on our practices related to collection and use of your data.

You are solely responsible for keeping your Account information, including password, safe. You may not use another Member’s Account. If you become aware of any unauthorized use of your Account, you must promptly notify us of such use. You agree that we will not be liable for any loss that you incur if someone else uses your Account or password, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use.

In addition to the information required to create an Account, you will be able to provide us with information for your public Profile, which may include personal details that you provide voluntarily, such as phone number, city and state where you live, photos, hobbies, interests, place of work, dietary preferences, and other relevant information. By voluntarily including any information on your public Profile, you understand and agree that the information may be available to the Vegvisits community, the general public, and may appear in related Internet searches.

You agree to provide complete, accurate, and updated information regarding your Account and to update your public Profile as necessary to keep it complete and accurate. We may suspend or terminate your Account in the event that we determine that you have misrepresented information on your Account or your public Profile.

We may, at our sole discretion, feature specific Listings, Hosts, and Travelers on the Services. You grant us permission to feature your Listing and/or Member Profile on the Services. You further acknowledge and agree that featured Listings and Members are not an endorsement by us, and that we are not responsible for the accuracy or content of such featured Listings and Members. Any Bookings made with featured Listings and Members are made at your own risk and are subject to these Terms.

11. LISTING CREATION & RULES

As a Host, you will have the opportunity to create multiple property Listings as part of your Account. To create a Listing, you will provide us with applicable information about your accommodations, including the general location of the accommodations, dietary restrictions, Additional Services, House Rules, pricing, the amount (if any) of a Security Deposit, and your desired method of payment (i.e. cash, check, PayPal, etc.).

In addition to the general location of the accommodations, which will be listed publicly on your Listing, you are required to provide us the exact address of your location. This information will not be included in your Listing, but will only be visible to us and to the Traveler once a Booking has been completed.

Please note that the Listing requires you to include only a general location of the Listing to be made public to users, and you assume all responsibility if you include the exact address of your accommodations on your Listing.

You agree to provide complete, accurate, and updated information regarding your Listing and to update your Listing as necessary to keep it complete and accurate. Once a Booking has been completed, you are required to provide accommodations consistent with your Listings. Failure to do so may result in cancellation fees and/or termination of your Account, as described in Section 17 below.

12. ONLINE IDENTITY AND REPUTATION VERIFICATION

As part of our Services, you may voluntarily elect to use an optional feature on your Profile to verify your online identity and reputation. This feature is provided by eRated Inc. By choosing to use this optional verification feature through eRated, you can:

  1. Verify your online identity by confirming your phone number, email address, and taking a photograph of your passport. Once this information is provided, a check mark will appear on your profile to indicate that you are verified by eRated;
  2. Incorporate your ratings (such as your stars) and reviews from similar third-party services, such as eBay and Airbnb; and
  3. Reveal how many friends you have on Facebook, followers you have on Twitter, and connections you have on LinkedIn.

Please note that the online identity and reputation verification feature described in this section are provided by eRated and we do not assume any responsibility for the accuracy, content, or functionality of services provided. We encourage you to find out more about eRated and its services by visiting http://www.erated.co.

Please also note that we do not collect or store any of this information provided directly to eRated. Providing this information is entirety voluntary, and choosing not to use eRated does not prevent you from using the Services.

13. NO OUTSIDE TRAVEL ACCOMMODATIONS

If you find Travelers, Hosts and/or Listings through the Services, you must use the Services as your exclusive method to request, make, and receive all payments for the accommodations. You may not arrange, or attempt to arrange, travel accommodations outside of the Services with a Host or Traveler that you found through the Services. If we determine that you have violated this non-circumvention policy, we may suspend or terminate your Account.

14. TRAVELER AND HOST MUST ARRANGE FOR PAYMENT

As a Host, you may require, as part of the “Payment Information” section of your Listing, that Travelers pay a deposit prior to arrival (“Booking Deposit”). We are not a party to any Booking Deposit agreements or arrangements, and the amount and method of payment of Booking Deposits must be arranged separately between Traveler and Host.

As a Host, you are required to collect any difference between the price of the Listing and the Booking Deposit upon check-in through the preferred payment method provided in the “Payment Information” section of the Listing. As a Traveler, when completing a Booking, you agree to the terms set by the Host regarding payment, including the amount (if any) of a Booking Deposit and the method of payment.

Payments are to be arranged exclusively between Travelers and Hosts. Vegvisits is not responsible for handling or processing payments between Travelers and Hosts.

When using the Services, Hosts and Travelers promise to adhere to the price and terms set forth during the time of Booking.

15. SECURITY DEPOSITS

As a Host, you may also require, as part of the “Payment Information” section of your Listing, that Travelers provide a deposit that may be used for any damages incurred as a result of the Travelers’ use of your property (“Security Deposit”). We are not a party to any Security Deposit agreements or arrangements, and the amount and method of payment of Security Deposits must be arranged separately between Traveler and Host. Vegvisits is not responsible for handling or processing payments between Travelers and Hosts.

16. VEGVISITS SERVICE FEES

In consideration for your use of the Services, we may, at our sole discretion, choose to include a service fee to be collected by us through the Booking process (our “Service Fees”). Any Service Fees will be visible to both the Traveler and the Host upon completion of a Booking. You agree to pay any and all Service Fees. We reserve the right to raise or reduce our Service Fees at any time without prior notice or consent.

17. CANCELLATION & REFUNDS

In the event of a cancellation of a completed Booking by a Host, we will refund the Service Fee paid by a Traveler. Otherwise, any Service Fees paid to Vegvisits is non-refundable, regardless of the reason for the cancellation.

It is the sole responsibility of the Traveler and Host to contact one another in the event of a cancellation and to agree upon the terms of the cancellation, whether cancellation is to be made prior to the arrival of Traveler or during the Traveler’s scheduled stay (e.g. if Traveler has to leave early due to an emergency).

If you are a Host, you must include your cancellation policy in your Listing. You must also contact us at team@vegvisits.com if you have to cancel a Booking so we can work with the Traveler to find them alternative suitable accommodations.

We reserve the right to charge a cancellation fee to the Host or Traveler that cancels the Booking. In addition, we reserve the right to suspend or terminate the Account of any Host that cancels a completed Booking.

18. REVIEWS

On or after the final day of a scheduled Booking, Travelers and Hosts will each be prompted to write a summary of their experience (a “Review”). You acknowledge and agree that Reviews will be included on your public Profile and will be available to the Vegvisits community and the general public. You acknowledge and agree that you will not be able to delete, modify, or hide a Review left by a Member. Further, you acknowledge and agree that you may not provide any form of compensation or remuneration to another Member in exchange for a favorable Review.

19. BLOG IS INFORMATIONAL ONLY

As part of the Services, we will maintain a blog and other information on the Vegvisits platform. The material posted on the blog, or elsewhere as part of the Services, is strictly for informational purposes and shall not be construed or relied upon as professional advice of any kind including, but not limited to, medical, legal, tax, or other professional advice.

20. INFORMATION YOU PROVIDE TO US

As an integral part of our Services, you have the ability to provide us with information about yourself through your Account, by giving us access to information collected by third parties, and by distributing information about yourself on our Services. By providing this information, you grant us the right to distribute, reproduce, and submit this information as described in these Terms and our Privacy Policy. Further, by providing us with information about you through our Services, you represent that you own, or have the authority to distribute, the information.

21. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or terminate the Account of any Member who is found to have infringed on the intellectual property rights of Members, third parties, or us, or otherwise is found to have violated any intellectual property laws. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Services, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:

Vegvisits, LLC
1754 Malvern Hill Circle, #301
Celebration, FL 34747
855-834-7829
team@vegvisits.com

22. YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY

Although you may provide information as part of your use of the Services, you agree to be respectful of others’ intellectual property rights. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated from your Account.

23. THIRD PARTY SITES AND SERVICES

Our Services may be integrated with services provided by third parties as part of the functionality of the Services including, but not limited to, third party payment processors and identity verification. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.

Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way.

24. ACCOUNT TERMINATION

At any time, you may terminate your Account by by sending an email to info@vegvisits.com . When you terminate your Account as specified above, we will remove your information from our servers within a reasonable amount of time, unless we are required to retain your information by law as described in our Privacy Policy.

We reserve the right to suspend or terminate your Account, or take other action to prevent your access to our Services, if we, in our sole discretion, deem that such action is necessary based on: your use of the Services in a way that would potentially expose us to liability; disruption of the Services by you to other Members; your violation of these Terms or our Privacy Policy; your violation of any applicable House Rules including, but not limited to, the Vegetarian Promise and/or the Vegan Promise (as applicable); or your violation of any applicable laws, rules, regulations, and agreements that may apply to you.

25. PROPER USE OF THE SERVICES

You shall not violate or attempt to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or Account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services.

26. INAPPROPRIATE CONTENT PROHIBITED

You agree not to post or make available any inappropriate content on the Services including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post inappropriate content, we may remove such content from our servers, and we may suspend or terminate your Account.

27. SOFTWARE

The software, including all files and images contained in the Services, and accompanying data (“Software”) are the property of us. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use the Software for your personal home use. You may not use the Software for non-personal, commercial use. You may not sell, redistribute, or reproduce the Software. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Software without our permission. This section does not apply to any component of Software that may be offered under an open source license.

28. DISCLAIMER OF WARRANTIES; “AS IS”

WE ARE MAKING THE SERVICES AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. WE DO NOT WARRANT THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

29. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING FROM ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICES, ANY VIOLATIONS OF HOUSE RULES AND OTHER ASPECTS OF AGREEMENTS BETWEEN HOSTS AND TRAVELERS, ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS (INCLUDING, BUT NOT LIMITED TO, LAND USE LAWS SUCH AS ZONING ORDINANCES, PERMITS, AND LICENSES; HOMEOWNERS ASSOCIATION, CONDOMINIUM, LEASE, OR RENTAL AGREEMENTS; LOCAL, STATE, AND FEDERAL TAXES; COMPLIANCE WITH LAWS REGARDING SAFETY; AND ANY OTHER APPLICABLE LAWS). THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.

EXCEPT AS EXPRESSED OTHERWISE IN THESE TERMS, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES EXCEED THE FOLLOWING: IF YOU ARE A TRAVELER, THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; IF YOU ARE A HOST, THE AMOUNTS PAID BY US TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; IF, EITHER AS A TRAVELER OR A HOST, NO PAYMENTS HAVE BEEN MADE BY YOU OR TO YOU, ONE HUNDRED DOLLARS ($100.00), AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. 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.

30. INDEMNIFICATION

In the event that someone brings a claim against us related to your actions, content, or information on our Services, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

31. DISPUTE RESOLUTION

You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Services in the following manner: first, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at info@vegvisits.com). Second, if we cannot resolve the dispute within 15 days of submission, we both agree to attempt in good faith to resolve the dispute through mediation administered by the American Arbitration Association under its Commercial Mediation Procedures, the costs of which shall be divided equally between you and us. Third, if we cannot resolve the dispute through informal resolution and mediation, we both agree to participate in binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. We both agree that, in the event of arbitration (or in the event of a lawsuit if this arbitration clause is deemed invalid or does not apply to a given dispute) the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). The forum for mediation or arbitration required by this section shall be in Osceola County in Florida, unless otherwise agreed to in writing by you and us.

Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.

32. GOVERNING LAW, VENUE, & PERSONAL JURISDICTION

These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of Osceola County in Florida. Both you and we consent to venue and personal jurisdiction there.

33. SEVERABILITY; WAIVER

If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

34. CHANGES TO THESE TERMS

As we improve our Services, we may add to, change, update, or modify these Terms. Any time that we plan on making a material change to these Terms, we will notify you at least 30 days prior to making the change by sending you an email. If you continue to use the Services after that 30 day period, you consent to the new Terms. We will always have the latest version of these Terms posted on our website.

35. CONTACT US

We encourage you to provide input, questions, concerns, comments, and any other relevant information to us to help us improve the quality of the Services. Additionally, please let us know of any suspicious or offensive behavior or anything that violates these Terms. You can reach us either via the "Contact Us" section of our website or via e-mail at info@vegvisits.com.

36. HEADINGS USED IN THESE TERMS

The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.

Privacy Policy

Effective 9/1/15

1. PURPOSE OF POLICY

Thank you for choosing Vegvisits. This Privacy Policy (the “Policy”) covers how we collect, use, store, and share your information when you use the Vegvisits website, blog, and related services (the “Services”). Any reference to “we”, “our”, and “us” in this Policy refers to Vegvisits, LLC, which operates the Services.

2. HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

We will never collect personal information about you without your permission. When you agree to our Terms and use our Services, you grant us permission to collect the following information about you:

  • Personal information you voluntarily provide us when you sign up for the Services via our website. This information may include your name, home address (for hosts only), city and state where you live (for travelers), email address, and/or phone number.
  • Information we collect automatically as you use the Services. To improve the relevance of the listings we display to you via the Services, we may collect information about your location such as your Internet Protocol (“IP”) address, geo-location, and the unique device identifier number of the device from which you access our Services.

We will use the personal information we collect about you to provide you with the functionality of our Services and to provide you with timely information about our Services, including updates about our product offerings and changes to our Terms of Use and this Policy. If you would like to opt out of receiving emails from us, please contact info@vegvisits.com.

Other anonymous data. When you visit our website and blog page (“Site”), we may also collect generic, anonymous information that does not identify you. This may include, but is not limited to, such information as the Internet address assigned to your computer, the number and frequency of visitors to our Site, the web pages you visit before and after our Site, and your computer browser information.

We use this information to improve your experience.

3. COOKIES AND OTHER TRACKING TECHNOLOGY

We do not use third-party cookies. However, we may use first-party cookies (both session cookies and persistent cookies), web beacons, and web bugs in delivering our Services.

You can modify your browser setting to disable cookies or other technologies. But if you do, certain parts of our Services may not work properly. Since we do not use third-party cookies in the first place, a “Do Not Track” signal in the HTTP header from your browser or mobile application does not affect our cookie practices.

We may also use third-party services, such as Google Analytics, which use first-party cookies to collect generic, anonymous information that does not identify you. We use this information to improve your user experience while using the Services. To opt out of Google Analytics cookies, please visit http://tools.google.com/dlpage/gaoptout?hl=None.

To better understand cookies and how they affect your online privacy, please visit http://www.consumer.ftc.gov/articles/0042-cookies-leaving-trail-web.

4. SHARING YOUR PERSONAL INFORMATION

Third parties. When you make a payment via our Services, we do not collect the financial information you provide. Rather, the information is sent to our partners, Braintree and PayPal. In addition, you may choose to verify your identity and online reputation through Traity or eRated when using our Services. To use Traity or eRated for this purpose, you may voluntarily provide them with personal information about yourself. We do not collect any such information provided for this purpose. The information is sent directly to eRated or TraitPerception, Inc., which operates Traity, depending on which service you use.

We cannot assume responsibility for the privacy practices of our partners. To review the privacy policies for our partners, please visit the following links:

Other than as described above, we do not share your information with any third parties without your consent, unless we have a good-faith belief that such action is necessary to (1) comply with the law, (2) protect and defend our rights or property, or (3) prevent an emergency involving danger of death or serious physical injury to any person.

We will notify you if we receive government requests about your data, unless otherwise prohibited from doing so by law.

Sale of company or assets. In the event that we sell all or portions of our company or its assets, including the user information collected through our Services, we will notify you before transferring your information to the acquiring company.

5. RETAINING YOUR INFORMATION

We retain your information as long as you maintain a user account with us, or as long as necessary to comply with the law. If you want us to delete your information and data from our system, please delete your user account by sending an email to info@vegvisits.com.

PLEASE NOTE THAT, EVEN AFTER YOU DELETE YOUR USER ACCOUNT WITH US, WE MAY HAVE TO HOLD ONTO YOUR INFORMATION IF REQUIRED BY LAW.

6. SECURING YOUR INFORMATION

We take several steps to ensure the safety of your information. These steps include technical safeguards such as end-to-end encryption, HTTPS access, and AWS “RDS” with SSL Certification layers. They also include administrative safeguards such as limiting internal access to personal information based on a need-to-know basis and training and educating our employees on data security and privacy.

These measures are intended to prevent the loss, misuse, and alteration of the information that we obtain from you. Such loss, misuse, and alteration may occur despite our best efforts to protect your information. We are not responsible to our users or to any third party due to any such loss, misuse, or alteration.

7. AREAS BEYOND OUR CONTROL

Our Services may include public areas, including your public profile, which allow you to post and share your information with the members of the Vegvisits community. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. If you have any concerns regarding the information on our public forums, we encourage you to email us directly at info@vegvisits.com or by engaging with us on our blog and social media.

8. CHANGES TO THIS POLICY

As we improve our Services, we may add to, change, update, or modify this Policy. Any time that we plan on making a material change to this Policy, we will notify you at least 30 days prior to making the change by sending you an email. If you continue to use the Services after that 30 day period, you consent to the new Policy. We will always have the latest version of this Policy posted on our website.

9. DISPUTE RESOLUTION MECHANISM

As described in our Terms of Use, in the event that any dispute between you and us relating to your online privacy cannot be resolved informally through our internal process, we agree to resolve such disputes through the International Centre for Dispute Resolution/American Arbitration Association (ICDR/AAA). Please visit http://go.adr.org/safeharbor for more information about ICDR/AAA’s Safe Harbor Program.

10. CONTACT US

We encourage you to provide input, questions, concerns, comments, and any other relevant information to us to help us improve the quality of the Services. Additionally, please let us know of any suspicious or offensive behavior or anything that violates these Terms. You can reach us either via the "Contact Us" section of our website or via e-mail at info@vegvisits.com.