TermOfUseAndPolicy - VuShorus.com

VUSHORUS.COM
TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Terms of Use” or “Agreement”) is between you and VuShorus, Inc. (“VuShorus”, “we”, “our” or “us”)

THIS AGREEMENT DESCRIBES THE TERMS AND PROVISIONS APPLICABLE TO YOUR USE OF OUR SERVICES AVAILABLE UNDER THE DOMAIN AND SUBDOMAINS OF VUSHORUS.COM, ANY OTHER VUSHORUS WEBSITE, AND ANY AFFILIATED WEBSITES (COLLECTIVELY “VUSHORUS.COM” OR THE “WEBSITE”) AND APPLY GENERALLY TO OUR AFFILIATES, SUBSIDIARIES, AND JOINT VENTURES. VUSHORUS PROVIDES THE VUSHORUS.COM WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY AND REGULARLY AS IT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES.

This Website is provided solely to assist customers with obtaining vouchers that can be used to purchase third party goods and services. This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth in this Agreement as well as your compliance with the terms set forth in your Company’s agreement, if applicable, regarding Vouchers obtained for the Company through this Website.

By accessing or using this Website in any manner, you agree to be bound by the Terms of Use, which includes our Privacy Policy. Please read the Terms of Use carefully. If you do not accept all of these terms and conditions, please do not use this Website or purchase Vouchers through this Website. Be sure to return to this page periodically to review the most current version of the Terms of Use. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms of Use without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms of Use.

DEFINITIONS

In these Terms of Use, the following capitalized terms shall have the following definitions:

“You” refers to any individual or to any employee or authorized representative of a Company visiting the Website and/or purchasing a Voucher through this Website.

“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, trademarks, trade names, service marks, trade dress, logos, icons, and other materials that are available on the Website, including Products and Services.

“Company” means those specific companies that have entered into specific written agreements with VuShorus in connection with the purchase and issuance of Vouchers through this Website on behalf of employees of the Company.

“Products and Services” means the goods and services that are available for purchase from Providers using Vouchers purchased through the Website.

“Provider” means VuShorus’ third party licensors, suppliers, information providers, and goods or service providers that provide the Products and Services.

“Vouchers” means the prepaid monetary value certificates issued in either paper, card, or electronic form purchased through this Website which can be redeemed and used as credit or payment for a Provider’s Products and Services.

PREPAID VOUCHERS

You acknowledge that VuShorus sells Vouchers that can be used to purchase Products and Services from Providers. All Voucher purchases must be paid for in advance. You agree that your credit card or other payment options associated with your account will be charged by us for the total amounts due. Upon submitting your purchase, you authorize VuShorus to facilitate the Voucher purchase on your behalf, including making payment arrangements with the Providers associated with your Voucher purchase. You acknowledge that other charges may be incurred in connection with your use of any Provider’s Products and Services that are not payable to us and are not included in the Voucher price, such as gratuities, sales or other applicable taxes, and other charges for Products and Services beyond what is expressly provided for in any Vouchers you purchased, and that you are solely responsible for payment of any such charges. Taxes on Products and Services you pay for using a Voucher are charged to you by the Provider at the time you redeem the Voucher and are not prepaid at the time you purchase the Voucher through the Website. You agree to abide by all terms and conditions imposed by VuShorus and/or the Providers with respect to the Voucher(s) you purchase through the Website.

Each Voucher includes an additional non-refundable service fee per voucher, displayed at time of purchase, which shall be paid along with the chosen face value amount of the selected Voucher. Any unused amounts or portion thereof of the face value of the Voucher will be credited back to the credit card used to purchase the Voucher within 30 days of the expiration date of the Voucher. Vouchers are only valid during the dates printed on the face of the Voucher. Unless indicated otherwise, Vouchers can be used individually or combined. However, Vouchers retrieved using different corporate log in codes cannot be combined to be used for a single purchase. Gratuity amount is calculated based on the entire amount of Products purchased or Services rendered (excluding taxes and other fees). Unless otherwise provided, the percentage amount of gratuity for applicable Providers, such as but not limited to food Providers and transportation Providers, is displayed in the Voucher Usage Details link at www.VuShorus.com. Custom gratuity for VuShorus corporate clients will also display in the Voucher Usage Details link after logging in using your corporate code.

Vouchers can only be used to pay for Products and Services specifically reflected on the Voucher or on the Website if the Website is accessed using a voucher code. Voucher holder must inform the Provider of the Voucher usage at the time of ordering the Products or Services. Vouchers cannot be combined with other promotions, specials, coupons or discounts of any kind without Provider’s consent. You are entirely responsible for payment for all charges for Products and Services above the face value of the Voucher or for any charges incurred which are not allowed or excluded by the Voucher limitations. Vouchers cannot be redeemed for cash and no change will be given to you by the Provider upon Voucher redemption for any unused amounts, which shall be credited back in accordance with the terms of this Agreement. Vouchers can be redeemed only through VuShorus accredited Providers. If a Voucher is lost or stolen, then we will replace the Voucher so long as it has not expired or has not been used.

Any special restrictions on Vouchers, such as Vouchers to be issued in connection with a Company’s specific agreement with VuShorus for the purchase of Vouchers by Company’s employees, shall be clearly delineated by such Company to VuShorus prior to the purchase and issuance of any Vouchers.

You acknowledge, understand, and agree that VuShorus is not responsible for the quality of any goods or any level of service by a Provider or failure of a Provider to accept a Voucher or mistake in the processing and handling of a Voucher by a Provider. In the event you encounter a Provider who provides inadequate goods or services, who fails to accept an issued Voucher or who you believe has made a mistake in the processing and handling of your Voucher, please inform VuShorus so that we can address and improve the quality of goods or level of service with the Provider, find alternative substitute Providers, or take other corrective measures to ensure accurate processing and handling in the future. Once a Voucher has been used for payment, in the event of a dispute with the Provider, we do not guarantee a refund will be provided. Any disputes with a Voucher Provider must be handled directly with the Provider. While VuShorus is willing to assist in helping to resolve such disputes, VuShorus will not be responsible for maintaining such dispute on your behalf and cannot guarantee any outcome or resolution.

CANCELLATION OF VOUCHERS

All Vouchers will reflect an activation date (“Activation Date”) – the date on which the Voucher is activated and first available for use. You may cancel a purchased Voucher at any time prior to the Activation Date shown on a Voucher and receive a full refund of the cost of the Voucher (including the non-refundable service fee). Following the Activation Date, you may not cancel any purchased Voucher and any unused portion of the Voucher will be refunded as provided for in this Agreement.

If your account shows signs of fraud, abuse or suspicious activity, VuShorus may cancel any Vouchers associated with your name, email address or account, and suspend or terminate any associated VuShorus accounts. If you have conducted any fraudulent activity, VuShorus reserves the right to take any necessary legal action and you may be liable for monetary losses to VuShorus, including litigation costs and damages. To contest the cancellation of a Voucher or freezing or closure of an account, please contact VuShorus Customer Service.

PROVIDER RULES AND RESTRICTIONS

Additional terms and conditions provided for by Providers may apply to the Vouchers you obtain through this Website (“Provider Terms and Conditions”) or the use thereof. Please read any such Provider Terms and Conditions carefully. You agree to abide by any Provider Terms and Conditions imposed by any Provider , including, but not limited to, compliance with the Provider’s rules and restrictions regarding use of a Voucher with a Provider, including the cost, availability, and/or use of Provider’s Products and Services.

WEBSITE ACCESS AND USE

VuShorus grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Website only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Website; any rights or license not expressly granted herein are reserved.

You may access and view certain portions of the Website without registration, but in order to take advantage of some aspects of the Website, including purchasing Vouchers for Products and Services, you may be required to register for an account. Except for accounts which are created on behalf of a Company, your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use that occurs on your account. You acknowledge that VuShorus is not responsible for third party access to your account that results from theft or misappropriation of your account information and password. You must notify VuShorus immediately of any breach of security or unauthorized use of your account. Although VuShorus will not be liable for your losses caused by any unauthorized use of your account, you will be financially accountable for all use of the Website by you and anyone using your account.

You agree to provide true, accurate, current and complete information when you register. If you provide any information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Website.

As a condition of your use of this Website, you represent and warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with the Terms of Use and not for any unlawful purpose, (iv) you will only use this Website to make legitimate purchases of Vouchers for yourself or on behalf of those persons within your Company for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete, and (vi) you will safeguard your VuShorus account information and will supervise and be completely responsible for any use of your account by anyone other than you. To the extent that you are purchasing Vouchers on behalf of another employee of your Company (e.g., as a travel manager, assistant or other representative), you represent and warrant that such employee agrees to and is bound by these Terms of Use. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms of Use.

Additionally, you agree not to:

(i) use this Website or its Contents for any commercial purpose;

(ii) make any speculative, false, or fraudulent purchases;

(iii) access, monitor or copy any Content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(vi) pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of VuShorus or Provider related to this Website; or

(vii) decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where the Content on the Website is illegal or is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INTELLECTUAL PROPERTY INFORMATION

All Content on this Website, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, as well as the infrastructure used to provide such Content and information is proprietary to us or our Providers and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us, our affiliates, or by third-party content providers, merchants, sponsors, and licensors that have licensed their content or the right to market their products and/or services to you using this Website. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content that is presented on this Website.

All Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. While you may make limited copies of your Vouchers purchased through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, information, software, products, or services obtained from or through this Website without the prior written consent of VuShorus or the Providers.

You may not use any registered or unregistered trademarks, service marks, or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, mirror, deep link, or otherwise incorporate into another website any of the Content or other materials on this Website without our express prior written consent.

Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.

PRIVACY POLICY

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review the VuShorus Privacy Policy. Our Privacy Policy can be found in the VuShorus Website under Policies.

WARRANTY DISCLAIMER

VUSHORUS AND/OR ITS RESPECTIVE PROVIDERS MAY MAKE CHANGES TO THIS WEBSITE AT ANY TIME. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.

ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

The Content on this Website may include inaccuracies or errors, including pricing errors. In particular, Vushorus does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the any products and services displayed on this Website (including, without limitation, availability of products and services, pricing, photographs, general product or service descriptions, consumer ratings, etc.). In addition, Vushorus expressly reserves the right to correct any pricing errors on our Website or Vouchers issued for an incorrect amount. In such event, if available, we will offer you the opportunity to keep your purchased Vouchers at the correct price and/or for the correct amount or we will cancel your Voucher without penalty.

YOU USE THIS WEBSITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.

LIMITATION OF LIABILITY

THE PROVIDERS PROVIDING PRODUCTS AND SERVICES ON AND/OR THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF VUSHORUS. VUSHORUS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR THEIR PRODUCTS AND SERVICES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. VUSHORUS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERSELLING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. VUSHORUS IS NOT RESPONSBILE FOR THE QUALITY OF ANY PROVIDER’S PRODUCTS AND SERVICES AND FOR THE FULLFILLMENT OF ANY TERMS OF YOUR VOUCHER PURCHASE WITH ANY PROVIDER, INCLUDING DELIVERY OF PRODUCTS AND SERVICES AND WARRANTY OBLIGATIONS RELATING TO ANY PURCHASED PRODUCTS AND SERVICES.

IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OF, ATTEMPTED USE OF, OR INABILITY TO ACCESS THE WEBSITE OR ANY OTHER LINKED SITE.

BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

If, despite the limitation above, Vushorus or its Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Vushorus and/or its Providers will in no event exceed, in the aggregate, the greater of (a) the fees you paid to Vushorus in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. Some states do not allow for the limitation of liability, so the foregoing limitation may not apply to you.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of VuShorus and/or its Providers, and to all respective officers, directors, employees, representatives, attorneys, and agents.

WEBSITE OPERATION

We will use our reasonable commercial efforts to keep our Website, e-mail servers, and contact call centers available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise or guarantee that access to the Website, e-mail, or our call center will be uninterrupted, continuous, successful, or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

If you encounter any problems with or complaints about the Website or any of the Products and Services, please notify us as soon as possible so that we can promptly address them.

We make reasonable attempts to exclude viruses from the Website, but cannot ensure that the Website will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Website. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Website or downloading anything from the Website.

LINKS TO THIRD PARTY SITES

This Website may contain hyperlinks to websites maintained and operated by parties other than VuShorus. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked websites. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website that you visit.

Furthermore, the links may lead to websites that contain offensive or objectionable content or contain computer viruses. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. You assume, and we hereby disclaim, all responsibility of any of the content on third party sites or for any damage sustained by users of these websites. VuShorus is providing any links to you only as a convenience, and the inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Certain Products and Services made available via the Website are delivered by third party sites and organizations, including Providers. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that VuShorus may share such information and data with any third party with whom VuShorus has a contractual relationship to provide the requested product, service or functionality on behalf of Website users and customers, including but not limited to Providers.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless VuShorus, its affiliated companies and Providers, officers, directors, employees and agents, from and against any and all claims, causes of action, demands, recoveries, obligations, losses, liabilities, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) brought by third parties which arise from or relate to:

your use of and access to the Website;
your violation of any term of these Terms of Use or any other policies in effect by VuShorus with respect to the Website; and
your violation of any law or any third party right, including without limitation any copyright, property, or privacy right.

This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

SOFTWARE AVAILABLE ON THIS WEBSITE

Please note that all software, including, without limitation, all HTML code and Active X controls contained on this Website (“Software”), is owned by VuShorus and/or our Providers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

CLAIMS OF COPYRIGHT INFRINGEMENT

VuShorus respects the copyrights of others. If you believe in good faith that any third party content appearing on the Website infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete:

1. A clear identification of the copyrighted work you claim was infringed.

2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.

3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”

5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to us by email to copyright@VuShorus.comfor the fastest resolution.

You may also send us your notice using the contact information below:

VuShorus, Inc.
Attn: Legal Dept., DMCA Complaints
3515 E. Harmon Avenue
Las Vegas, NV 89121

OR you may fax it to: (702) 252-5201, Attn: Legal Dept., DMCA Complaints

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.

We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees).

For any additional questions regarding the DMCA (Digital Millennium Copyright Act - “DMCA”) process for VuShorus, please contact us at copyright@VuShorus.com.

COPYRIGHT, TRADEMARK, AND PATENT NOTICES

All Contents of this Website are © 2021 VuShorus, Inc. All Content, text, images, materials, and HTML code on this Website, and the compilation of all Content on this
Website, are the property of VuShorus and protected by U.S. and International copyright laws and treaties, and all rights are reserved.

While you may make limited copies of Vouchers for Products or Services purchased through this Website, no other material available on this Website may be copied, photocopied, reproduced, distributed, transmitted, displayed, published, broadcast, translated, downloaded, or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of VuShorus. Any other reproduction in any form without the permission of VuShorus is prohibited. Distribution for commercial purposes is prohibited. VuShorus is not responsible for content on websites operated by parties other than VuShorus.

The VuShorus® name is a registered service mark of VuShorus. The VuShorus logo and PER DIEM & PAYMENT CONTROLS are service marks of VuShorus. Other logos and product and company names mentioned on this Website may be the trademarks of their respective owners.

VuShorus’ voucher technologies, payment processing technologies and services control technologies processes and systems are covered by one or more U.S. or foreign patents pending.

If you are aware of an infringement of our copyright, trademark, or patent rights, please let us know by e-mailing us at copyright@VuShorus.com.

ASSIGNMENT / MODIFICATION

These Terms of Use supersede any prior VuShorus Terms of Use relating to the use of the Website that were displayed on this Website before the date stated above. You may not assign, delegate, or transfer your rights or obligations under these Terms of Use, including without limitation by operation of law. VuShorus may assign, transfer, delegate, sell or otherwise dispose of this Agreement in its entirety. In addition, VuShorus may delegate its performance under this Agreement to one or more affiliates, provided that VuShorus will remain liable and responsible for any performance or obligation so delegated.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use, including the Privacy Policy, at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Your continued use of the Website, following the posting of conspicuous notice of any modification, will be subject to the Terms of Use in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

You can find the most recent version of the Terms of Use in the VuShorus Website under Policies.

You can find the most recent version of the Privacy Policy in the VuShorus Website under Policies.

You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.

To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Website, electronic mail, or instant messaging.

DISPUTE RESOLUTION

You agree that any dispute arising from or relating to the subject matter of this Agreement (including all disputes arising out of or relating to your use of the Website) shall be finally settled by arbitration in Clark County, Nevada, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

Notwithstanding the foregoing, VuShorus shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief to protect its intellectual property or confidential or proprietary information.

This Website is operated by a U.S. entity and the Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada, USA, without regard to conflict of laws provisions. For all purposes of this Agreement (including all disputes arising out of or relating to your use of the Website), the parties irrevocably consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Las Vegas, Nevada. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Our performance hereunder is subject to existing laws and legal process, and nothing contained in the Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or your use of the Website (including, but not limited to, any products or services provided or made available therein) must be filed within one (1) year after such claim or cause of action arose or be forever barred.

GENERAL

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and/or the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

· https://privacy.microsoft.com/
· http://www.microsoft.com/maps/assets
· http://www.google.com/privacy/privacy-policy
· http://www.google.com/enterprise/earthmaps
· https://www.google.com/help/legalnotices_maps
· http://maps.google.com/help/terms_maps

The Terms of Use constitutes the entire agreement between you and VuShorus with respect to this Website and your use of the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and VuShorus with respect to this Website (excluding any specific agreement that may exist between your Company and VuShorus). A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

You agree that no joint venture, partnership, or employment relationship exists between you and VuShorus as a result of the Terms of Use or your use of this Website.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are hereby reserved by VuShorus, Inc.

Contact Information

If you have any questions or concerns about these Terms of Use or if you need further assistance with respect to access to or use of the Website or the products or services offered by VuShorus, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

E-mail:	Customer.Service@VuShorus.com
Mailing address:	VuShorus, Inc. Attn: Customer Service 3515 E. Harmon Avenue Las Vegas, NV 89121
Telephone:	(800) 625-2080

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PRIVACY POLICY

Privacy Policy for VuShorus

Your privacy is very important to VuShorus. This Privacy Policy describes the principles and practices that apply to Personal Identifiable Information (“PII” as defined below) collected from users of our services (“you”) on our Website (defined below), in telephone or e-mail communications, or in interviews or surveys.

Consent

BY SUBMITTING PERSONAL IDENTIFIABLE INFORMATION TO US, AND/OR BY USING OUR WEBSITE, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL IDENTIFIABLE INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW.

Briefly

· We will not collect PII outside the scope of this Privacy Policy.

· We will not knowingly disclose your PII to third parties, except as provided in this Privacy Policy;

· We will allow you to view, correct and modify your PII; and

· We will take commercially reasonable steps to protect the security of the PII we collect from you.

PRIVACY POLICY

We understand that booking travel or other services online involves significant trust on your part. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the personal information you provide to us.

This document sets out VuShorus’ policy concerning the management of PII and describes the types of PII VuShorus holds, the purposes for which it holds that PII, and the ways in which VuShorus collects, holds, uses and discloses that information.

If you do not agree with these terms, do not provide any PII to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required PII, we may not be able to provide you VuShorus services.

Definitions

“Personal Identifiable Information” or “PII” includes information that can be linked to a specific individual, such as name, address, phone number, e-mail address, or payment details.

“Website” means the website accessible at the domain address www.VuShorus.com.

“Services” means goods or services offered by VuShorus, including reservations of one or more of rooms, meals, rides, or other goods or services (including in combination with one another), as well as vouchers for those goods or services.

Information Provided on Behalf of Another Person

In the event you are providing to VuShorus the PII or other information of a person other than yourself, including a legally established entity including but not limited to a corporation, limited liability company or partnership (which is also deemed a “person”), you represent that (i) you are authorized by that person to possess that information; (ii) you are authorized by that person to submit that information to VuShorus; and (iii) that you have appraised and/or presented to that person the PP, herein, and that that person assented to such. You acknowledge responsibility and shall indemnify VuShorus for actions brought against VuShorus by such other person if such action originates from your violation of any of the above representations. It is acknowledged that information provided could consist of multiple persons, including information concerning a legal entity and information concerning an employee of the legal entity, but that “person” shall apply to all.

What Information We Collect from You

We receive and store any information you enter on our Website or give us in any other way. This includes information that can identify you (including your first and last name, telephone number, postal and email addresses) billing information (such as credit card number, cardholder name, and expiration date), past and future reservations. We may also request information about your services preferences or restrictions. You can choose not to provide information to us, but in general some information about you is required in order for you to obtain Services; complete a traveler/personal profile; participate in a survey; ask us a question; or initiate other transactions on our site.

Before Corporate Program participants access the VuShorus Website, we may require you to sign in as a member, using your User ID and password. Your corporate representative may provide us additional PII about you such as your employer ID number.

Circumstances where VuShorus may collect PII include, without limitation, when you or your representative:

· Complete a traveler or personal profile

· Complete a VuShorus corporate program application

· Reserve or obtain Services

· Participate in a survey

· Contact us

Corporate Services Program

The VuShorus Services are available to organizations, although single individuals may request status as an “organization”. To manage some aspects of its business services/travel needs, your organization will have enrolled in the VuShorus corporate program. This section describes the relationship between VuShorus and organizations.

Individuals associated with an organization that participates in the VuShorus corporate program may be required to register on the VuShorus Website and create a user profile. They may be required to have that profile linked by to their organization’s VuShorus corporate profile. Organization-affiliated individuals may also have their organization representative obtain Services for them.

This Privacy Policy sets out the information collection and information use practices of VuShorus. The policies or practices of your organization may differ, and we are not responsible for any use or disclosure of your PII by anyone at your organization or any acts or omissions of your organization or any third party acting on your behalf.

Failure to Provide Information

In order to obtain Services via the VuShorus Website, you must provide the requested personal information and financial information. We will use your contact information to reserve the required Services, to send you details of the confirmation and in some cases, to send you customer satisfaction or market research surveys.

Use of Your Information

VuShorus uses billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing Services (such as room, ride or meal reservations) that you create on our Website. We use other information about you for the following general purposes: to register you as a VuShorus user; to provide you with the Services you request; to provide you with reservation confirmations and updates; to send you travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our Services and Website; to notify you about special offers and Services that may be of interest to you; to otherwise customize your experience with VuShorus; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.

Sharing of Your Information

VuShorus may share your PII with the following entities:

· Providers , such as hotel companies, restaurants and other food vendors, transportation providers or other providers of goods or services, who fulfill VuShorus’ Services. Throughout our Website, services provided by a third-party provider are described as such. Please note that do not place limitations on such providers’ use or disclosure of your PII and do not control the privacy practices of these providers. Therefore, we recommend and encourage you to review and evaluate the privacy policies of any provider whose products or services you book through VuShorus. VuShorus is not responsible for the handling of any PII provided by VuShorus to these third party providers in connection with the products or services you book through VuShorus. Please note that these providers also may contact you as necessary to obtain additional information about you or to facilitate the Services that you request.

· Third-party vendors who provide Services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys and fraud prevention. These companies have access to PII needed to perform their functions but are not permitted to share or use the information for any other purpose.

· Business partners with whom we may jointly offer products or services, if such offers are accepted by You. You can tell when a third party business partner is involved in a product or service you have requested because their name will appear with ours. If you choose to accept or access these optional products or services, we may share information about you, including your PII, with those third party business partners. Please note that we do not place limitations on such third-party business partners’ use or disclosure of your PII and do not control the privacy practices of these third party business partners. Therefore, we recommend and encourage you to review and evaluate the privacy policies of any third party business partner whose product or service offerings you accept through VuShorus. VuShorus is not responsible for the handling of any PII provided by VuShorus to these a third party business partners in connection with the product or service offerings you accept from such third party business partners through VuShorus. Please note that these providers also may contact you as necessary to obtain additional information about you or to facilitate the Services that you request.

Others within your organization

The My Profile pages on Website allows program or organization members or their representatives to view and change their personal account settings and the settings of accounts for which they are responsible within their organization. The email settings option lets you change email addresses and subscribe or unsubscribe to the special promotional notification services. You can also change your password and elect to have an automatic password sign-in when logging on to this web site. You can add new individuals/members and delete existing individuals/members from your member profile; update or correct names and phone numbers for individuals associated with your profile; and update your travel preferences.

· We also may share your information:

· In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.

· When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of VuShorus, our customers, or others; and in connection with our Terms of Service and other agreements.

· In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

The Services offered by VuShorus are not directed at children under the age of 18 and VuShorus will not knowingly collect information from any such persons. Upon learning that we have received information from a child under the age of 18, we shall delete it.

Security Safeguards

VuShorus recognizes the importance of information security, and is constantly reviewing and enhancing our technical, physical, and logical security rules and procedures. The VuShorus owned Website and servers have security measures in place to help protect your personally identifiable information against accidental, loss, misuse, unlawful or unauthorized access, disclosure, or alteration while under our control.

VuShorus takes commercially-reasonable efforts to safeguard the confidentiality of any PII provided by you, including authentication and encryption as appropriate. However, VuShorus cannot guarantee that any PII stored on its servers, or transmitted to or from you, will be free from unauthorized access, and VuShorus expressly disclaims any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using our Website, you acknowledge and agrees to assume these risks.

Your Choices With Respect to Collection and Use of Your Information

· You can choose not to provide us with any information although it may be needed to obtain Services.

· You can add or update information on the My Profile pages and close your account as described below.

· You may receive communications from us notifying you of special promotions or other travel news. You can discontinue your subscription to VuShorus’ promotional email services at any time by entering your email address from the “Unsubscribe from emails” link in the Contact Us page. You will also be given the opportunity to unsubscribe from commercial messages in any such e-mail we send. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your VuShorus account or to your transactions with VuShorus, while your retain an account with VuShorus.

· You may choose not to accept VuShorus Cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from VuShorus, you will not be able to access portions of our Website.

Cookies and Other Technologies

Our Website uses cookie technology. “Cookies” are small encrypted data text files and can be stored on your computer's hard drive (if your Web browser permits). As a user of this Website, you may be assigned a permanent cookie file on your computer's hard drive. You can choose to not receive a cookie file by enabling your Web browser to refuse cookies or to prompt you before accepting a cookie. While this cookie does not contain any personal information, it may be associated with your PII in order to provide you with targeted email notifications.

VuShorus automatically collects certain information about your computer when you visit this Website. For example, we collect information about your IP address, operating system, and web browser software (such as Firefox, Safari or Internet Explorer). We also may collect information about your online activity, such as Services obtained. Our goals in collecting this automatic information include customizing your user experience, increasing convenience as you use our site, and collecting analytics information in order to continually improve our Website.

We may use cookies to help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our Website. For example, if you log into our Website using a username and password, we may use cookies to remember your registration information, so you do not need to log into our Website each time you visit. We also may record your password in a cookie if you checked the box titled "Remember my password on this computer." Please note that user IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. VuShorus will never store sensitive PII such as credit card numbers in a cookie.

How You Can Access Your Information

You have access to your information in the following areas of the Website:

Request to Close an Account

You can close your VuShorus account by contacting us as described below. Once you close an account, you will not be able to sign in or access any information associated with the account, but you can open a new account at any time. We will send you an e-mail confirming your account closure to the e-mail address contained in your member profile.

Children

Visiting our Website from Outside the United States

This is a United States web site and is subject to laws of the United States and the State of Nevada. VuShorus will disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to VuShorus user, visitors, associates, or property (including this site), or to others. Laws related to personally identifiable information vary by country.

This Privacy Policy is intended to capture information collected through our Website from residents of the United States. If you are visiting our Website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our Services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

Special Notification to California Residents

If you reside in California and have provided VuShorus your personally identifiable information, you may request a list from us of third parties with whom we intentionally shared your personally identifiable information for their own direct marketing purposes during the preceding calendar year. Such requests must be submitted to us at: Customer.Service@VuShorus.com, Attention: Privacy Officer indicating your request regarding such disclosures and attesting to the fact that you are a California resident. This request may be made no more than once per calendar year.

Changes to This Privacy Policy

VuShorus may update this Privacy Policy in the future by posting updated text to this Website. Any changes to this policy become effective upon posting of the revised policy to this Website. It is your obligation to verify changes to the Privacy Policy by checking the revision date. Use of the Website following such changes constitutes your acceptance of the revised policy then in effect.

If you have questions about our Privacy Policy, please contact us.

How to Contact Us

We want to make sure you have control over your online travel experience as a VuShorus customer, from obtaining Services to protecting your PII.

VuShorus staff are ready to help with your VuShorus reservation concerns 24 hours a day, seven days a week. Please e-mail us your questions and comments to us at Customer.Service@VuShorus.com. If you need more immediate assistance, you may call an VuShorus representative at (800) 625-2080. You may also contact us with your Privacy Policy questions at:

VuShorus, Inc.
Attn: Customer Service
3515 E. Harmon Avenue
Las Vegas, NV 89121

This Privacy Policy is effective as of March 1, 2014.

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