Welcome to VOMOS! Formally, we are VOMOS, Inc. (“VOMOS,” “we,” “us,” and “our”). We provide a service to connect people (“Customers”) that want to rent particular assets (“Assets”) with the owners of those Assets (“Vendors”). We provide our services online and in hard copy, including via mobile applications, websites, electronic mail, texts and other communications, (collectively, the “Services”). Some of the Services are provided via our software application (“Software”) and some of the Services are provided via our website at VOMOS.com (the “Site”).
We use the term “user” or “you” or “your” to mean any user of our Services, whether or not the user has registered with us. We use the term “registered user” to refer to anyone who has registered with us.
A registered user may register with us on his or her own behalf, or on behalf of other people. Any user who does not register with us is an “unregistered user”. These Terms apply to each user. Registered users have access to more Services than unregistered users.
A Vendor may use the Services to register and update the Vendor’s Assets. A Customer may use the Services to schedule the rental of an Asset. All information that you provide to us as A Vendor or as a Customer, including photographs and information about you, any Assets, or your use of the Assets, is treated as your Content, as discussed below.
These Terms of Service (“Terms”) govern your access to and use of our Services. By using the Services, or by registering as a user, you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may periodically ask you to confirm that you agree to these terms, including by taking particular actions, such as clicking a button labelled “I Agree”.
Any personally-identifiable information about you or anyone else (“Personal Data”) may be stored on or through the Services.
You are responsible for safeguarding the password and other account data that you use to access the Services and for any activities or actions on your account. Therefore, you must not share with or disclose your password or account data to anyone. Please take precautions to protect your password and other account data, and contact us at GetVomos@Vomos.com if you believe your account has been accessed by an unauthorized person.
By registering with VOMOS, you consent to conducting all transactions and forming all agreements electronically, including via online forms, electronic mails, texts, telephone calls, and other forms of communication other than hard copy paper documents. You also consent to signing electronic documents using electronic signature processes currently permitted by United States laws and regulations. At any time, you may request additional electronic copies of these Terms, as well as each SOS and other electronic document previously provided to you, and VOMOS will provide copies of each document then retained by VOMOS.
You may revoke your consents to electronic documents and signatures by sending us electronic mail to contact@vomos.com or by sending us hard copy mail to VOMOS, Inc., 1 Winding Drive, Suite 206, Philadelphia, PA 19131, USA. By revoking your consents to electronic documents and signatures, you also terminate this Agreement for your convenience.
2.1. Scope of Service. For each Service, each Vendor, Customer or other user may be required to sign an additional agreement (“Scope of Service” or “SOS”). A Scope of Service may include additional terms required by one or both parties to the Scope of Service. The terms of each SOS are in addition to these Terms; however, if there is any conflict or ambiguity between these Terms and the provisions of an SOS, the provisions of the SOS will control for each Service provided pursuant to the SOS. Only individuals specifically authorized by a user and communicated to VOMOS in writing (each, an “Authorized Representative”) shall be permitted to reserve a Service or sign an SOS on behalf of a Customer, Vendor or other user. VOMOS has no obligation to perform Services pursuant to a request by any individual who is not an Authorized Representative of a user.
2.2. Service Requests. All requests for Services from any Customer are subject to acceptance by and in the sole discretion of each of VOMOS and the Vendor. VOMOS and each Vendor reserves the right to accept or reject any Service request for any reason, or for no reason, whatsoever. VOMOS may perform a search of available Assets meeting Customer’s requested criteria, confirm Asset availability and pricing with Vendors. VOMOS will contact the Vendors. Once a Vendor agrees to provide a Service, VOMOS delivers a Scope of Service to each of Vendor and Customer for review, approval and signature.
2.3. Completing a Scope of Service. Each SOS will be delivered electronically to Vendor and to Customer by VOMOS, including, without limitation, by email, providing a confirmation number, the estimated price quote, specifying (where applicable) the dates and times the Service, and other information relevant to the Service. Each user must carefully review and verify all details reflected in an applicable SOS prior to signing. To confirm a reservation for a Service, Vendor and Customer must each sign and return a copy of the SOS via email to GetVomos@Vomos.com signifying its consent to the SOS and these Terms. VOMOS shall have no responsibility to book a Service with a Vendor on behalf of Customer without a fully-executed SOS. Upon Customer’s review and acceptance of an SOS, any cancellations or modifications will be subject to applicable fees and cancellation policies of VOMOS and the Vendor.
2.4. Confirmation of Reservation Upon Payment. Upon execution and return of the Scope of Service for a specific Service, the Fees for such Service are immediately due and payable to VOMOS in accordance with the payment terms in the Scope of Service. The Service will not be confirmed until VOMOS has received payment of the Fees in full. Following receipt of payment of the Fees, VOMOS will confirm the Service with the Vendor, and provide the Customer with the name and other relevant information regarding the Vendor and the Service. FOR CLARITY, A SCOPE OF SERVICE SHALL NOT BE DEEMED CONFIRMED UNTIL VOMOS RECEIVES FULL PAYMENT OF THE FEES, AND THE VENDOR ACCEPTS THE SCOPE OF SERVICE.
2.5. Changes to a Scope of Service. Following initial acceptance by the parties of a Scope of Service, it is Customer’s sole responsibility to notify VOMOS of all changes to a Scope of Service, including without limitation and where applicable, itinerary changes, Asset changes, or passenger list changes, in advance of the scheduled Service (collectively, “SOS Changes”). Customers may notify VOMOS of requested SOS Changes by fax, email or telephone. SOS CHANGES ARE NOT VALID UNLESS ACKNOWLEDGED BY VOMOS, AND ACCEPTED BY THE VENDOR AND THE CUSTOMER. VOMOS does not warrant or guarantee a Vendor or a Customer will accept any SOS Changes. If Customer cancels a Service due to rejection of a request for SOS Changes by Vendor, Customer shall be subject to any and all applicable fees, including, without limitation, cancellation fees. If a deviation from the original SOS is necessitated by Customer’s, or Customer’s guests’, actions, Customer shall pay any amount owed in excess of the Fees by virtue of such change.
2.6. Cancellation. If Customer cancels any confirmed Scope of Service, Customer agrees that the applicable cancellation Fees shall be retained by VOMOS. All Service cancellations will be subject further to each Vendor’s cancellation policies and Customer will be responsible for any cancellation or missed Service costs and expenses, including any Fees associated therewith. ANY CANCELLATIONS IN WHOLE OR PART OF A SCOPE OF SERVICE LESS THAN ONE HUNDRED (100) HOURS PRIOR TO BEGINNING THE PROVISION OF SERVICES MAY RESULT IN CANCELLATION FEES UP TO ONE HUNDRED PERCENT (100%) OF THE FEES STATED IN THE SCOPE OF SERVICE, ALONG WITH ANY ADDITIONAL FEES AND PENALTIES STATED IN THE SCOPE OF SERVICE.
Any information, text, graphics, photographs, artwork or other materials uploaded, downloaded or appearing on our Services, including all Personal Data, are collectively referred to as “Content”. When you provide Content to us (“your Content”), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to your Content, some of the Content on the Services is owned by us (“VOMOS Content”), and by other people and entities (“Third-Party Content”). You may use VOMOS Content and Third-Party Content for your personal use while you are a user of the Services.
Of course, you may share your Content with others, such as by posting your Content on social media sites. By sharing your Content, you give anyone and everyone who sees your Content the right to copy, download and otherwise use your Content, whether or not they return to VOMOS for access to your Content or any Services.
Please note that for some Third-Party Content, you may need the prior written permission of the owner of that Content before you copy, modify, post or otherwise use the Third-Party Content. For example, you may need to obtain the prior written permission of the third-party that owns the Third-Party Content prior to re-posting it to another website or sharing it with others.
We own the VOMOS Content and the Services. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than your Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content other than your Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or organization that originates the Content. We do not monitor the Content posted via the Services. Except for VOMOS Content, VOMOS will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
For any of your Content that you provide to us, you grant VOMOS a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize your Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any user-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain the ownership or other rights you may have to your Content. Prior to providing us with your Content, you should retain a copy of your Content in a safe place accessible to you.
Your Personal Data is part of your Content and subject to the Content License. However, your Personal Data is also subject to our Privacy Statement. If there is a conflict or ambiguity between the provisions of these Terms and the provisions of our current Privacy Statement as applied to your Personal Data, our current Privacy Statement will control.
When creating and sharing your Content, do not use any trade names, branding, trademarks or service marks (collectively, “Marks”) that belong to anyone else without the express written permission of the owner of the Marks. Any and all use of Marks owned by a party, and the goodwill generated thereby, shall accrue to the benefit of the owner of the Marks.
You are responsible for your use of the Services, for your Content and Personal Data, and for the consequences of what you do and the decisions you make.
As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following Do’s and Don’ts.
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review our Privacy Statement.
Do review and comply with notices sent by us concerning the Services.
Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content.
Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Services or VOMOS Content, or any part thereof.
Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services.
Don’t use “bots” or other automated methods to add or download Personal Data or other Content, or send or redirect messages or other permitted activities, except through tools provided or expressly permitted by VOMOS.
Don’t override any security component included in or underlying the Services.
5.1. Agency. VOMOS desires to act as an agent for Customer to arrange Services between Customer and one or more Vendors for the reservation of access to their Assets, such as private aircraft charter flights, luxury car rentals, luxury house or apartment rentals, or other Services. Customer acknowledges that in providing the Services, VOMOS is acting solely as a broker and is not the provider or operator of the Asset that Customer authorizes VOMOS to book on Customer’s behalf. Each Vendor has sole responsibility, liability and control of all aspects of the Asset and other Services provided to Customer, including without limitation, availability and pricing; the commencement and termination of scheduled access to the Asset and the Service; the operation, regulation, condition and safety of the Asset and the Service; and other people and events associated with the Asset and Service, such as the performance of Vendor’s employees and subcontractors that provide the Service.
5.2. Laws and Regulations. All Services are provided in accordance with and subject to all applicable laws and regulations (collectively, “Laws”) as administered by the applicable governmental and other entities (collectively, “Regulators”).
5.3. Fees. The SOS for each Service shall state the price and any known associated costs and expenses for each unique Service (the “Fees”). VOMOS may charge other Fees on notice to the Customer. Except as otherwise stated in writing, the Fees are an estimate only, and are subject to price adjustments. Customers shall be responsible for additional charges incurred by VOMOS in the provision of the Services described in this Agreement. Customers may be billed separately for such costs and expenses, which may be added to the Fees (if known at the time the SOS is executed), or invoiced separately. Some Fees are non-refundable as stated in the Scope of Service.
5.4. Conduct. Customer and all of Customer’s guests shall act in a reasonable and responsible manner at all times during the provision of Services, and shall comply with the directives and instructions of the Vendor’s representatives, as well as the terms of the Scope of Service. Customer is liable for any and all damages to the Assets and property of each Vendor and third parties, as well as any personal injuries, caused in whole or part by Customer or Customer’s guests.
6.1. Assets. Vendor desires to list its Assets and provide Services to Customers of VOMOS. Vendor acknowledges that in providing the Services, VOMOS is acting solely as a broker and is not responsible for any Customer, its employees, contractors, or their respective actions. Vendor shall accurately list each Asset and Service; any material misstatement, misrepresentation or omission about Vendor’s Assets or Services will be a material breach of this Agreement. Vendor is solely responsible for all of its costs and fees, including all maintenance and upkeep of its Assets. Vendor is further responsible for compliance with all applicable laws and regulations, including during the provision of Services.
6.2. Fees. Currently, VOMOS charges each Vendor a subscription Fee to list and market each Asset or other Service provided by VOMOS, as stated in Fee statements provided to each Vendor. Subscription Fees are due at the beginning of each subscription period and are not refundable. If VOMOS does not receive a subscription Fee from a Vendor when due, then VOMOS may consider the subscription agreement terminated by the Vendor for the Vendor’s convenience. VOMOS may charge other Fees on notice to the Vendor. The SOS between Vendor and VOMOS for each Service shall state the Fees for the Service, as well as payment terms.
6.3. If particular types and coverages for insurance are not specified in an SOS for an Asset or Service, then the Subscriber will be responsible for determining the correct insurance coverages in amounts sufficient to cover any claims that may arise for each Asset and Service provided by the Vendor.
7.1. Accepted Methods of Payment. VOMOS, in its sole discretion, may accept payment for the Fees via wire transfer, online payments, or an acceptable credit card or debit card. Wire transfer or other payment information will be provided by VOMOS to a user upon the user’s request. For each account, VOMOS may require the user to complete a credit or other application for particular methods of payment. VOMOS may bill an additional administrative Fee for certain types of payments. For example, for each credit card payment, the user’s credit card shall be promptly authorized or billed (as applicable) for the full amount of the Fees for the Service, plus an administrative Fee for the credit card processing, currently calculated as 4.5% of the Service Fees. All Fees will be itemized to the user online or by electronic mail.
7.2. Verification. Service reservations will only be confirmed after all pertinent payment information has been verified. Incorrect credit card account or other payment information will delay processing and provision of Services. Although VOMOS will attempt to contact the user via the user’s contact information, if VOMOS is unable to reach the user or its Authorized Representative within a timeframe set by VOMOS, and/or unable to obtain correct payment information, VOMOS may cancel a Service request without notice or liability.
7.3. Taxes. Each user shall be responsible for all sales, use, VAT, stamp, FET, transfer, segment fees and other taxes, fees, duties and penalties that may be imposed by any federal, state, county, local, foreign or other governmental authority as a result of the Services provided in connection with the Agreement (collectively, “Taxes”). Each user shall defend, indemnify and hold VOMOS harmless against any such Taxes which are the obligation of the user hereunder. The obligations of each user under this Section shall survive the termination of the Agreement.
7.4. Late Payment Charges and Collections. Late payment charges shall accrue on any and all Fees and amounts owed to VOMOS that have not been received within thirty (30) days of the VOMOS invoice or any date stated in the Scope of Service or other billing document. The amount of the late payment charges will be the lower of (i) two percent (2%) per month of the overdue amount, or (ii) the highest percentage permitted by law multiplied by the overdue amount. The user shall be responsible for the greater of thirty-five percent (35%) of the overdue amount or all reasonable costs (including court costs and attorneys’ fees) for the collection of any past due Fees and Taxes. The obligations of each user under this Section shall survive the termination of the Agreement.
You must be at least 21 years old to use the Services. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.
If you are 12 years old or younger, please ask your parent or guardian to open and operate an account with us on your behalf. If anyone under the age of 21 registers with us or provides any Content to us, the young person’s parent or guardian may contact us at one of the addresses listed below in the “Contact Us” section. We will delete the young person’s account and delete any Content provided by the young person.
As noted in our Privacy Statement, and subject to applicable data protection, privacy and security laws and regulations, we provide the Services to users from within the United States, and we currently store all personally-identifiable information (“Personal Data”) of users that we collect and retain on computer servers located inside the United States.
The Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data or sensitive information about you or others. The lawful basis for our processing some of your Personal Data (e.g., Personal Data relating to your credit and your method of payment) is that it is necessary to provide the Services. For other Personal Data that is not needed by us to provide the Services, by submitting non-essential Personal Data to us you consent to the collection, storage, processing, use, sharing, and onward transfer of your non-essential Personal Data, as further stated in the current version of our Privacy Statement.
Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a third-party, is subject to any privacy statement or agreements of that third-party. We are not responsible for the privacy practices, security, or other aspects or processes of any third-party, except as expressly stated in the current version of these Terms or in the current version of the VOMOS Privacy Statement.
The Services may contain links to third-party websites, social media or features. There may also be links to third-party websites, social media or features in images or comments within the Services. As noted elsewhere in these Terms, the Services include and contain Content that we do not control, maintain or endorse. The Services may also permit interactions between the Services and a third-party website, social media or feature, including applications that connect the Services or your profile on the Services with a third-party website, social media or feature. VOMOS does not control any of these third-party services or any of their content. You expressly acknowledge and agree that VOMOS is not liable for any such third-party services, content, or features.
By using a third-party service, you acknowledge and agree to the following: (i) if you use a third-party service to share information, you are consenting to the sharing of information in and about your profile with and through the third-party service; (ii) your use of a third-party service may cause your Personal Data and other Content to be publicly disclosed, even if VOMOS has not itself provided such information; and (iii) your use of a third-party service is at your own option and risk, and you hereby defend and indemnify us against, and hold us harmless from, any harm, damage, cost, and claims that may result from or be related to your use of any third-party service.
VOMOS respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright Act or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA (preferably with counsel of your choice) to ensure your compliance.
If you believe that particular Content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request (“takedown notice”) to remove the allegedly-infringing Content (“Accused Content”). Each takedown notice must be in English and include the following information:
On our receipt of a takedown notice, we may publish the takedown notice to the general public, or provide a copy of the takedown notice to the user that uploaded or provided the Accused Content. For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (“counter notice”) demanding that the Accused Content be restored to the Services.
In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Services, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Services. In either case, VOMOS shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.
Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content, with or without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, VOMOS will also terminate a registered user’s account if we determine the registered user to be a repeat infringer. Our designated agent for sending takedown notices and counter notices is:
Attn: Copyright Agent, VOMOS, Inc., 1 Winding Drive, Suite 206, Philadelphia, PA 19131, USA.
Email: contact@vomos.com
WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICES OR THOSE OF OUR PARTNERS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ON BEHALF OF VOMOS, OUR PARTNERS, AND OUR RESPECTIVE SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, DIRECTORS OR SERVICE PROVIDERS (“AFFILIATES”), WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY US, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY CLOSE OR TERMINATE YOUR ACCOUNT AND STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE SOFTWARE AND THE VOMOS SITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
EACH USER ACKNOWLEDGES AND AGREES THAT VOMOS IS ONLY ACTING AS AN AGENT FOR THE ARRANGEMENT OF THE SERVICES, AND IS NOT A VENDOR NOR AN OWNER OF ANY ASSETS. VOMOS IS NOT THE OPERATOR OF ANY ASSETS.
VOMOS DOES NOT OWN OR OPERATE ANY ASSETS AND IS NOT AN OPERATOR OF THOSE ASSETS. EACH VENDOR OR OPERATOR WORKING WITH A VENDOR OF THE SERVICES EXERCISES FULL OPERATIONAL CONTROL OF THE ASSETS AT ALL TIMES. VENDORS AND OTHER OPERATORS PROVIDING SERVICES UNDER THIS AGREEMENT MUST MEET ALL APPLICABLE LEGAL AND REGULATORY REQUIREMENTS.
EACH CUSTOMER AGREES THAT CUSTOMER AND CUSTOMER’S GUESTS USE THE ASSETS AND THE SERVICES AT THEIR OWN SOLE RISK. EACH CUSTOMER ACKNOWLEDGES AND AGREES THAT VOMOS DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY VENDOR OR OTHER OPERATOR, BUT VOMOS MAY CONDUCT BACKGROUND CHECKS IN ITS SOLE DISCRETION.
EACH USER IS SOLELY RESPONSIBLE FOR ALL OF ITS COMMUNICATIONS AND INTERACTIONS WITH VOMOS, OTHER USERS, AND THEIR GUESTS AND AFFILIATES. EACH USER UNDERSTANDS THAT VOMOS DOES NOT VERIFY OR INSURE THE STATEMENTS OR CAPABILITIES OF ANY OTHER USERS, OPERATORS OR GUESTS. VOMOS DOES NOT REVIEW, VISIT OR INSPECT ANY ASSET OR VENDOR. VOMOS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE VENDORS, CUSTOMERS, OTHER USERS, OR THEIR AFFILIATES OR GUESTS. EACH USER IS SOLELY RESPONSIBLE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH VOMOS, OTHER USERS AND THIRD PARTIES RELATING TO THE SERVICES.
You may terminate your VOMOS account for any reason or no reason, and at any time. To terminate your VOMOS account, contact us at contact@vomos.com. As noted in other Terms, any failure to pay a subscription Fee or other Fee when due shall be treated by VOMOS as termination by the user for its convenience. Termination of your account will be effective upon our processing of the notice we received from you.
We may terminate your VOMOS account and these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.
We may restrict, suspend or terminate the account of any registered user, or block the access of any unregistered user or registered user, who abuses or misuses the Services. Misuse includes, among other things, registering under more than one identity, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of VOMOS and the Services.
Upon the termination of your VOMOS account, you will lose access to some or all of the Services. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms.
You agree to defend, indemnify and hold VOMOS harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; (vi) if you are the Customer in any Scope of Service, any breach of a Scope of Service by the Vendor; or (vii) if you are the Vendor in any Scope of Service, any breach of a Scope of Service by the Customer.
We ask that you cooperate as reasonably requested by VOMOS in the defense of any claim. VOMOS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim against VOMOS without the prior written consent of VOMOS, which consent VOMOS may refuse in its sole discretion.
TO THE EXTENT PERMITTED BY LAW, NEITHER VOMOS NOR ANY OF OUR PARTNERS, OR ANY OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, DIRECTORS OR SERVICE PROVIDERS (“AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID VOMOS DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER VOMOS NOR ANY OF THE VOMOS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
17.1. Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
17.2. Entire Agreement. These Terms, together with the Privacy Statement, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Statement. You acknowledge that you have had the opportunity to review these Terms and our Privacy Statement with counsel of your choice.
17.3. Amendments to these Terms. We reserve the right to modify, supplement or replace these Terms, effective upon posting the revised Terms on the Services, including on the VOMOS Site, or in the VOMOS Software, or by sending a copy of the revised Terms to the email address we have for you. Your use of the Services after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to any version or set of changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services promptly after posting of the revised Terms, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
17.4. No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing signed by the parties that refers to the Terms and states expressly the intent to modify or supplement the Terms.
17.5. Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of VOMOS. Any purported assignment and delegation by you shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Statement, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the VOMOS Services.
17.6. Contact Us. You may contact us via email at GetVomos@Vomos.com . Or via postal mail or courier at Attn: Law Department, VOMOS, Inc., 1 Winding Drive, Suite 206, Philadelphia, PA 19131, USA.
17.7. Governing Law and Arbitration. These Terms and any action related thereto are governed by the law of the Commonwealth of Pennsylvania, and the federal law of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us, whether or not or arising out of these Terms, the Privacy Statement, any Scope of Services, the provisions of Services, or the performance of the parties, shall be determined by one arbitrator in binding arbitration. For any arbitration with a resident or citizen of the United States, the arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its current Commercial Arbitration Rules; otherwise, the arbitration will be administered by the International Centre for Dispute Resolution (“ICDR”) pursuant to its current International Arbitration Rules. The language of the arbitration shall be English and all documents shall be in English. To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
17.8. Force Majeure. VOMOS shall not be held liable for loss, injury, damage, delay or cancellation caused by or resulting from any act of God, economic or political sanctions, failure of machines or equipment, Internet or other telecommunication failure, quarantine, failure or refusal on the part of any governmental agency to grant or issue approvals, clearance, permits or operating authority, rights or civil commotion, military emergency, war or war hazards, fuel shortages, weather conditions, mechanical breakdown, strikes or labor problems, or occurrences outside of VOMOS’s control (each, a “Force Majeure Event”) which through no fault of VOMOS prevents, delays or interrupts the furnishing or operation or performance of an Asset or other Service. VOMOS will inform the user of the Force Majeure Event, and will provide periodic updates until the Force Majeure Event resolves, or until either party provides written notice of termination of the Scope of Service or other Service affected by the Force Majeure Event.
These Terms were last revised: September 12, 2020.
Prior revisions of these Terms: