Welcome to Dejuno Corporation (dba POD TRAVEL) website located at www.podtravelco.com (the “Site”). The term “POD TRAVEL” includes Dejuno Corporation and our affiliates and subsidiaries. Please read the following terms and conditions carefully as they govern your use of our Site, our online store for POD TRAVEL and the travel related content accessible via our Site. To make these Terms easier to read, the Site, our online store and services are collectively called the “Services.”
- Agreement to Terms. By using our Services, you acknowledge and agree to these Terms. If you do not agree to be bound by these Terms, do not use the Services and leave this Site.
- Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
- Feedback. We welcome user comments, feedback, and other submissions. All comments, feedback, suggestions, ideas, images, photographs, videos, audio, graphics, tags, and other submissions disclosed, submitted or offered to POD TRAVEL or included with any hashtags provided by POD TRAVEL, on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “User Content”) shall be and remain property of POD TRAVEL. You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under and any all intellectual property rights that you own or control to use, copy, modify, and/or create derivative content for any purpose. You agree that User Content submitted by you to the Site will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). By participating in Site contests, promotions and/or requesting promotional information or product updates, you agree that POD TRAVEL may use your information for marketing and promotional purposes.
- Purchase of Products. You may purchase Products in our online store accessible on the Site. All Products, specifications and prices described on the Site are subject to change at any time without notice.
- Payments. When you purchase a Product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
- Prices. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you access the Site.
- Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Returns. You may return Products that you purchase from the Site in accordance with POD TRAVEL return policy.
- Warranty. The Products are covered by a limited warranty as described in the Warranty Terms.
- Trademarks. The trademarks, logos, and service marks (collectively the “Trademarks”), which you see on this Site, are registered and unregistered trademarks of Dejuno Corporation and POD TRAVEL. All other Trademarks, product names, and company names and logos appearing on this Site are the property of their respective owners. Nothing in this Site grants to you any license or right to use any Trademark displayed on this Site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this Site, or any other content on this Site, is strictly prohibited.
- Copyright. You acknowledge that www.podtravelco.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the law, and POD TRAVEL owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
- Electronic Communications and Notice. When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.
- Disclaimer of Warranty. EXCEPT AS OTHERWISE PROVIDED IN THE WARRANTY TERMS, THE PRODUCTS, SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
- Limitation of Liability. You expressly agree that use of www.podtravelco.com is at your sole risk. Neither POD TRAVEL or any of its officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licencors (collectively, “Providers”), or the like, warrant that www.podtravelco.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of www.podtravelco.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through www.podtravelco.com.
- Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If you do not agree to any of these terms or any future terms, do not use this Site.
- Indemnification. You agree to defend, indemnify, and hold harmless POD TRAVEL and their respective directors, officers, employees, owners, licencors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms and Conditions by you and/or your activities in connection with this Site or any services related to this Site. We may participate in the defense of any claim. You shall not settle any claim that affects POD TRAVEL without our prior written approval.
- Termination. You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
- Assignment. These Terms and Conditions, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- No Waiver. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
- Severability. The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of California, without giving effect to any principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim by you (or those claiming through you) arising out of your use of this Site or material appearing on this Site, will be resolved by binding arbitration conducted in Riverside County, California and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Arbitration shall be conducted under the rules of the American Arbitration Association.
- Class Action Waiver. YOU AND POD TRAVEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Waiver of Rights. POD TRAVEL’S failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of POD TRAVEL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Entire Agreement. This Agreement contains the entire agreement between you and us with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site.