Effective: April 1, 2015
Thank you for visiting. Virgo Travel, Inc. (“Virgo”) a service that delivers a central transportation scheduling system to Hotels (“Partner”) in order to provide their guests with airport transfers (the “Services”).
Certain areas of the Services may have different terms and conditions posted or may require you to agree to and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
TERMS FOR USING COMPLIMENTARY AIRPORT CAR SERVICE
Virgo currently offers complimentary airport car service to guests who book hotel reservations directly with a Partner:
VIRGO DOES NOT PROVIDE TRANSPORTATION SERVICES, AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. VIRGO PARTNERS WITH LICENSED TRANSPORTATION PROVIDERS AND IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SERVICES. VIRGO OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
You agree not to do any of the following:
Virgo will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Virgo may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Virgo has no obligation to monitor your access to or use of the Services or Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Virgo reserves the right, at any time and without prior notice, to remove or disable access to any Content, that Virgo, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Services.
Arbitration and Legal Claims
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Virgo Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND VIRGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Virgo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Virgo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Virgo at any time by texting the word STOP to 89203s from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Your Information is any information you provide, publish or display (“post”) to the Virgo Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to us using Your Information to create a User account that will allow you to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and we act only as a passive conduit for your online posting of your information. When you use the Virgo platform, you agree to provide accurate, current and complete information. You agree that we and other people of the public may rely on your Information as accurate, current and complete. You acknowledge that if your Information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this Agreement and Your use of the Services.
THE SERVICES AND CONTENT ARE PROVIDED BY VIRGO ON AN “AS IS” BASIS. VIRGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIRGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, VIRGO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, OR IMPLIED, FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED ON THE SERVICES. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT OR SERVICE WARRANTY OFFERED BY THE VENDORS VIA THE SERVICES. VIRGO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS AND PROGRAMS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, CONTENT OR SERVER WHICH MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIRGO OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, SHALL VIRGO BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (I) THE SERVICES, CONTENT OR ANY RESERVATION MADE VIA THE SERVICES; (II) ANY FAILURE, DELAY, OR DECISION BY VIRGO IN ADMINISTERING THE SERVICES; (III) ANY DETERMINATION BY ANY VENDOR, (IV) THE USE OR INABILITY TO USE THE SERVICES AND CONTENT; AND (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF VENDORS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFITS, BUSINESS OR OPPORTUNITY, AND LEGAL FEES), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VIRGO SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will Virgo’s aggregate liability arising out of or in connection with THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO VIRGO FOR USE OF THE SERVICES OR CONTENT, IF YOU HAVE MADE ANY PAYMENTS TO VIRGO, OR ONE HUNDRED DOLLARS ($100), HAVE NOT MADE ANY PAYMENTS TO VIRGO, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIRGO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:
1.Your breach of this Agreement or the documents it incorporates by reference; or
2.Your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of Your own interaction with such third party,
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Virgo used herein are trademarks or registered trademarks of Virgo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
If you have any questions about these Terms of Service, please email us at [email protected], or write us at:
Virgo Travel, Inc.
Attention: Customer Service
1700 S El Camino Real, Suite 206
San Mateo, CA 94402
Although Virgo in most circumstances will be able to receive your email or other information provided through this Services, Virgo does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that Internet email typically is not secure.
Virgo reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the Terms of Service. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service is not acceptable to you, your only recourse is to cease using the Services.
These Terms of Service may be amended by both parties in writing and constitute the entire and sole agreement between you and Virgo regarding the Services. These Terms of Service shall be deemed to have been made in, and shall be construed and interpreted in accordance with the internal laws of the State of California, without giving effect to the principles of conflicts of law thereof or of any other jurisdiction. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible, or if not enforceable, then struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing in these Terms of Service shall be construed as creating or constituting a partnership, joint venture, or agency relationship between Virgo and Vendors or between Virgo. Virgo’s failure to insist on strict performance of these Terms of Service or to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Virgo’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Virgo may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Virgo via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.