TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THESE TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with The Intesa Group LLC, also known as and hereinafter VROOMZ, located at 2015 Ayrsley Town Blvd. Suite 202, Charlotte, North Carolina 28273 and our subsidiaries and affiliates, in association with the use of the VROOMZ.com website, and its affiliates which includes DaytonaRaceTravel.com, (the "Site") and its Services, which shall be defined below.
The relationship between the travel vendors supplying services (Suppliers), VROOMZ, and you will be that of a rooms provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
DESCRIPTION OF WEBSITE SERVICES OFFERED
This website and others under the "powered by VROOMZ" umbrella serve as consumer-facing hotel booking engines.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms are the sole property of VROOMZ. At its discretion, VROOMZ may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. VROOMZ does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that VROOMZ shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such VROOMZ shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To book a reservation you become a "member" of the Site and set up an account, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving VROOMZ Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, VROOMZ.com may collect information such as your name, e-mail address, mailing address, phone number(s) and personal interests. You can edit your account information at any time. Once you register with VROOMZ and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, VROOMZ will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of VROOMZ Services, or any portion thereof.
Limitations on Use of Website
By using the website, you represent and warrant to VROOMZ that: 1. You are at least 18 years of age; NOTE that many hotels have age restriction and often do not allow guests as young as 18 to check-in unless accompanied by a parent or guardian. It is your responsibility to verify any age restrictions with the hotel or supplier you are booking via VROOMZ.
2. You have the legal authority to create and enter into a binding legal obligation;
4. You will only use this website to make transactions for yourself or for another that you are legally authorized to act on behalf of;
6. All information that you provide VROOMZ through the website is true, current and complete;
7. You will not use this website or information, images or data on the website for any legal purpose, or for any purpose that is prohibited by this Agreement;
8. You agree not to modify, copy, distribute, transmit, publish, display, license, create derivative works from, or sell any product, services or information obtained from this website;
9. You will only make legitimate reservations or purchases and shall not use this website to make any speculative, false or fraudulent reservation, or any reservation in anticipation of demand;
10. You agree to be financially responsible for all uses of this website and for the use of your name and credit card account to pay for products and services purchased through this website by yourself and members of your household, including minors living with you;
BANK AND CREDIT CARD FEES, DEPOSITS AND ‘HOLD’S
A valid credit or debit card is required at the time of booking, subject to the specific terms and conditions shown on the website for your specific hotel, dates, rate type etc. A card that is invalid, expired, declined or otherwise unable to yield the proper funding/authorization may subject your reservation to cancellation. It is your responsibility to ensure a valid form of payment is provided, and updated accordingly through the site or directly with the hotel/supplier. Cards presented at the time of check-in are subject to ‘holds’ for anticipated charges at the discretion of your hotel/supplier. Further, ‘holds’ are subject to release based on the terms of your bank or merchant processor. VROOMZ has no liability whatsoever for any bank or other fees you may encounter including but not limited to these holds, charges or other activity processed by the Hotel/supplier you have booked through our site. Please review the payment terms of your booking carefully.
Some banks and credit card impose fees for international transactions. If you are making a booking from outside the United States, the bank or credit card may convert your home currency into local currency and charge you a conversion fee. If this is the case, the amount shown on your credit or bank card statement may be in your local currency and so therefore a different amount shown on the website. The exchange rate and conversion fee are solely determined by your bank on the day that the transaction is processed. VROOMZ has no ability to dictate these fees.
CUSTOMER CHANGES AND CANCELLATIONS
You may cancel or change your reservation unless otherwise stated in the specific terms associated with the inventory you agree to purchase. If you cancel or change your reservation after the cancellation policy period applicable to the hotel and room type you reserved, you may be subject to a charge of one-night's room rate, tax recovery charges and service fees or greater penalties based on the terms of your reservation. Refunds may or may not be made for no-shows or early checkouts. See the room rate cancellation policies and other terms and conditions for complete details. You agree to pay any cancellation or change fee that you incur. You agree to abide by the terms and conditions and cancellation policies imposed with respect to any completed reservation. This may include minimum night stays. Please review the terms and conditions associated with your reservation!
The Information, Software, Products and Services provided by this website may include inaccuracies or errors, including pricing errors. VROOMZ does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the hotel or other travel accommodations (including, without limitations, pricing, photographs, list of hotel amenities, general product descriptions, etc.) VROOMZ also reserves the right to correct any pricing errors on the website and/or any pending reservations made under an incorrect price.
VROOMZ makes no representations about the suitability of the information, products and services included on the website for any purpose and the inclusion of any product or service on the website does not constitute an endorsement or recommendation of such product or service by VROOMZ. Any information gathered from the website is on an “as-is” basis without warranty. VROOMZ is not liable for the acts of any acts, errors, omissions, representations, warranties, breaches or negligence of any suppliers to the website or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
VROOMZ is not liable for any delay, cancellation, overbooking, strike, force majeure or other causes beyond VROOMZ’s direct control and shall have no responsibility for any additional expenses, omissions, delays, or acts of any government or authority.
In no event shall VROOMZ or VROOMZ Affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to or use of the website. VROOMZ and VROOMZ Affiliates shall not be liable for any delay or inability to access or use the website. VROOMZ and VROOMZ Affiliates shall not be liable for any computer viruses, information, software, linked sites, products and services obtained through use of the website, or otherwise arising out of the access to or use of the website under any theory of recovery under the law.
If, despite the above limitations, VROOMZ or VROOMZ Affiliates are found liable for any loss or damage arising out of any of the occurrences listed above, then in no event shall VROOMZ or VROOMZ Affiliates be liable in an amount greater than the commissions received by VROOMZ.
This limitation of liability reflects the agreed upon allocation of risk by the customer and VROOMZ. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed. The limitations of liability as provided in this Agreement shall inure to the benefit of VROOMZ, VROOMZ Affiliates and any supplier to the website.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify VROOMZ immediately if you notice any unauthorized access or use of your account or password or any other breach of security. VROOMZ shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the VROOMZ.com Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by VROOMZ.com.
Furthermore, you herein agree not to make use of VROOMZ's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any VROOMZ.com officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;
j) interfering with or disrupting any VROOMZ Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
VROOMZ herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
VROOMZ herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of VROOMZ, its visitors, users and members, including the general public.
VROOMZ herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by VROOMZ or any other content providers supplying content services to VROOMZ. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
VROOMZ shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for VROOMZ the below listed worldwide, royalty-free and non- exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of VROOMZ's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of VROOMZ's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of VROOMZ's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of VROOMZ's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of VROOMZ's sites, the continuous, binding and completely sub- licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of VROOMZ's sites are those such areas of our network properties which are meant to be available to the general public, and which may include social media, message boards and groups that are openly available to both users and members.
COPYRIGHT AND TRADEMARK NOTICES
Content included on the website is either the property of VROOMZ or its suppliers. Certain logos, product names, and company names mentioned on the website may be trademarks of their respective owners. If you are aware of an infringement of our brand, please let us know immediately.
CONTRIBUTIONS TO COMPANY WEBSITE
VROOMZ sometimes provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) VROOMZ shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) VROOMZ shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of VROOMZ; and
e) VROOMZ is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold VROOMZ, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of VROOMZ.com Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to VROOMZ.com's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that VROOMZ may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by VROOMZ, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on VROOMZ's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that VROOMZ has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, VROOMZ shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
VROOMZ shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of DaytonaRaceTravel.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com or service@DaytonaRaceTravel.com.
As a member, you agree that VROOMZ may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your DaytonaRaceTravel.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with DaytonaRaceTravel.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within DaytonaRaceTravel.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that VROOMZ shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either VROOMZ or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that VROOMZ shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that VROOMZ's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by our clients, event rights-holders, suppliers and advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by VROOMZ or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on VROOMZ Services (e.g. Content or Software), in whole or part.
VROOMZ herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software (or that of our third-party booking engine provider) as long as you do not, and shall not, directly or indirectly alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by VROOMZ for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF VROOMZ SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. VROOMZ AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) VROOMZ AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) VROOMZ SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) VROOMZ SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF VROOMZ SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF VROOMZ SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM VROOMZ OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT VROOMZ AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release VROOMZ (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
VROOMZ Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
The Intesa Group LLC
Attn: Copyright Agent
2015 Ayrsley Town Blvd. Suite 202
Charlotte, North Carolina 28273
Telephone: (855) 677-6700
This TOS constitutes the entire agreement between you and VROOMZ and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to VROOMZ Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other VROOMZ Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and VROOMZ with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of North Carolina without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and VROOMZ, shall be filed within the courts having jurisdiction within the County of Mecklenburg, North Carolina or the U.S. District Court located in said state. You and VROOMZ agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should VROOMZ fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within One (1) year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to VROOMZ as follows:
The Intesa Group LLC
2015 Ayrsley Town Blvd. Suite 202
Charlotte, North Carolina 28273
Telephone: (855) 677-6700
Email: service (at) DaytonaRaceTravel.com