Terms of Use

VIAHERO, LLC.
Last Updated: March 16, 2016

Welcome to ViaHero. These Terms of Use (“Terms”) apply to your access to and use of the website, mobile application and other online products and services (collectively, our “Services”) provided by ViaHero, Inc. (“ViaHero,” “we,” “us” or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 20, do not access or use our Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with ViaHero for products, services or otherwise. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf, and that such person or entity will be responsible to ViaHero if you violate these Terms.

If you have any question regarding the use of our Services, please contact ViaHero at support@viahero.com

1. Refund Policy

Please refer to our Terms of Sale (www.viahero.com/refund-policy) for the terms, conditions and policies applicable to any purchases you make on or through our Services. By making a purchase on or through our Services, you agree to the Refund Policy. We may change the Refund Policy at any time without notice to you, so you should review them each time you make a purchase.

2. Eligibility, Registration and Account

By using our Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) do not have more than one ViaHero account, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

In order to access or use certain areas and features of our Services, you may need to register for an account. By registering for an account, you agree to (a) provide accurate, truthful, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify ViaHero if you discover or otherwise suspect any security breaches related to our Services or your account; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

3. Communications Preferences

By creating a ViaHero account, you consent to receive electronic communications from ViaHero (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

4. Our Services Offer a Venue

Our Services offers tools, resources and a venue to connect those seeking travel services with those seeking to provide travel services. ViaHero: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user or about your interactions or dealings with other users; and (d) does not screen users or automatically conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on our Services. Regardless of whether ViaHero screens users or performs a background check, you should exercise caution and perform your own screening before connecting with anyone through our Services, meeting anyone, hiring a user or purchasing services. ViaHero hereby expressly disclaims, and you hereby expressly release ViaHero from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at your sole and exclusive risk.

5. User Transactions; Release

Our Services may be used to help obtain or offer travel services provided by users and to facilitate payment for such services. However, users transact solely between themselves and ViaHero is not a party to any transactions between users. ViaHero hereby expressly disclaims, and you hereby expressly release ViaHero from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties.

6. Copyright and Limited License

Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the ViaHero logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of ViaHero or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use our Services and Service Materials. However, such license is subject to these Terms and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any product listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by ViaHero; or (g) use our Services or the Service Materials other than for their intended purposes. Any use of our Services or the Service Materials other than as specifically authorized herein, without the prior written permission of ViaHero, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by ViaHero or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

7. Copyright Complaints

ViaHero respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may file a notification of such infringement with ViaHero’s Designated Agent as set forth below.

Designated Agent:

Greg Buzulencia

Address:

6024 Broad St
Pittsburgh, PA 15206

Telephone Number:

267-207-5454

E-Mail Address:

info@ViaHero.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by ViaHero or the alleged infringer as the result of ViaHero’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

8. Trademarks

“ViaHero,” the ViaHero logos and any other product or service name or slogan contained on our Services are trademarks of ViaHero and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of ViaHero or the applicable trademark holder.

You may not use any metatags or any other hidden text utilizing “ViaHero” or any other name, trademark or product or service name of ViaHero without ViaHero’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ViaHero and may not be copied, imitated or used, in whole or in part, without ViaHero’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ViaHero.

9. Third-Party Content

Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). ViaHero does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that ViaHero is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by ViaHero of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. ViaHero is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you leave our Services, you should understand that ViaHero’s terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate from our Services.

10. User Content and Interactive Areas

Our Services include interactive areas and features (“Interactive Areas”) that allow you or other users to create, post, share or store any content, messages, text, photos, videos and other materials (collectively, “User Content”). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You are solely responsible for your User Content and for your use of any Interactive Areas.

You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information without that person’s permission;
  • User Content that impersonates or misrepresents your affiliation with any person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Viruses, corrupted data or other harmful, disruptive or destructive files or content; and
  • User Content that, in the sole judgment of ViaHero, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose ViaHero or its users to any harm or liability of any type.

ViaHero does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and the Interactive Areas and use them at your own risk.

11. Rights to User Content

ViaHero claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and ViaHero. However, if you submit or post User Content to our Services, unless ViaHero indicates otherwise, you grant ViaHero a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with ViaHero’s marketing and promotional activities. You further grant ViaHero and ViaHero’s sublicensees the right to use the name that you submit in connection with User Content, if they choose.

By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.

12. Acceptable Use of Our Services

Your use of our Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not:

  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
  • Attempt to indicate in any manner that you have a relationship with ViaHero or that ViaHero has endorsed you or any products or services for any purpose unless ViaHero has provided written permission to do so;
  • Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
  • Attempt to reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Services (except as otherwise expressly permitted by law);
  • Use or attempt to use another’s account without authorization from such user and ViaHero;
  • Develop any third-party application that interact with User Content or our Services without ViaHero’s prior written consent;
  • Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by ViaHero to access out Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Services; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

13. Feedback

Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or ViaHero (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of ViaHero. ViaHero will own, and you hereby assign to ViaHero, all right, title, and interest, including all intellectual property rights, in and to such Feedback and ViaHero will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by ViaHero to confirm such assignment to ViaHero.

14. Contests, Sweepstakes and Other Promotions

ViaHero may administer, operate or run contests, sweepstakes and other promotions (collectively, “Promotions”) on our Services and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between these Terms and the official rules for a Promotion, the official rules will control.

15. Indemnification

You will defend, indemnify and hold harmless ViaHero, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “ViaHero Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.

16. Disclaimers

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content.

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, ViaHero does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While ViaHero attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

17. Limitation of Liability

ViaHero and the other ViaHero Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if ViaHero or the other ViaHero Parties have been advised of the possibility of such damages.

The total liability of ViaHero and the other ViaHero Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) the amount paid, if any, by you to access or use our Services or (b) $100.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of ViaHero or the other ViaHero Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

18. Assumption of Risk

You assume all risks when using our Services, including all of the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.

19. Modifications to Our Services

ViaHero reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that ViaHero will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof.

20. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH VIAHERO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

20.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Sections 10 or 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and ViaHero agree (a) to waive your and ViaHero’s respective rights to have any and all Disputes arising from or related to these Terms, our Services or the products and services available on our Services, resolved in a court, and (b) to waive your and ViaHero’s respective rights to a jury trial. Instead, you and ViaHero agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

20.2 No Class Arbitrations, Class Actions or Representative Actions

You and ViaHero agree that any Dispute arising out of or related to these Terms, our Services or the products and services available on our Services is personal to you and ViaHero and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and ViaHero agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and ViaHero agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

20.3. Federal Arbitration Act

You and ViaHero agree that these Terms affect interstate commerce and that the enforceability of this Section 20 will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

20.4. Notice; Informal Dispute Resolution

You and ViaHero agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to ViaHero will be sent by certified mail or courier to 2358 Eldridge St, Pittsburgh, PA 15217. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your ViaHero account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and ViaHero cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or ViaHero may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding or, to the extent specifically provided for in Section 20.1, file a claim in court.

20.5. Process

Except for Disputes arising out of or related to a violation of Sections 10 or 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and ViaHero agree that any Dispute must be commenced or filed by you or ViaHero within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and ViaHero will no longer have the right to assert such claim regarding the Dispute). You and ViaHero agree that (a) any arbitration will occur in Pennsylvania, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Pennsylvania and the United States, respectively, sitting in the [INSERT VENUE], have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

20.6. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

20.7. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

20.8. Severability

If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in Section 20.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

21. Applicable Law and Venue

These Terms and your use of our Services will be governed by and construed in accordance with the laws of Pennsylvania, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 20 does not apply, you agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Allegheny County, Pennsylvania and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

22. Termination

ViaHero reserves the right, without notice and in its sole discretion, to terminate your license to access and use our Services and to block or prevent future your future access to and use of our Services.

23. Changes to These Terms

ViaHero reserves the right to make changes to these Terms from time to time. If we do make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We will also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

24. Severability

If any provision of these Terms will be deemed unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

25. Miscellaneous

These Terms constitute the entire agreement between you and ViaHero relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of ViaHero. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and ViaHero’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

26. Questions & Contact Information

Questions or comments about our Services may be directed to ViaHero at support@viahero.com.

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