Last Updated October 6th, 2022
The following terms of use, (these “Terms”) are entered into by and between You (“You” and
“Your”) and Fugitive Media, Inc. a California corporation also doing business as Cerca (“Cerca”, “Company”, “We,” “Us”, “Our”).
At Cerca, Our mission is to use content, technology, and person to person interactions to help You explore Your world, dream about, plan, and have the best trips possible. These Terms govern Your access to and use of our websites, frequencymachine.com and cercatravel.com, our Cerca mobile application (“App”), along with any other products or services offered by Us, including but not limited to the Cerca Concierge (“Concierge”) whether through the Site, our mobile application, or otherwise (collectively and together with the Site and the App, the “Cerca Services” or “Services”). In addition, our Privacy Policy explains how we collect and use Your personal data.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS, TOGETHER WITH OUR PRIVACY POLICY AND ACCEPTABLE USE POLICY , IT CONSTITUTES A BINDING LEGAL AGREEMENT (the “AGREEMENT”) BETWEEN YOU AND US. BY USING OUR SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, (2) REPRESENT AND WARRANT THAT YOU MEET ALL OF OUR ELIGIBILITY REQUIREMENTS FOR USING THE SERVICES AS DESCRIBED IN THESE TERMS, AND (3) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY OTHER TERMS APPLICABLE TO THE SERVICES THAT ARE INCORPORATED HEREIN BY REFERENCE OR FUTURE MODIFICATIONS THEREOF. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE HOSTED SERVICES.
In order to use the Services, You need to (1) be 18 years or older, and (2) have the power to enter into legally binding contracts under applicable law. You will not allow any person or entity to access or use the Services using Your account other than individuals who have been designated and authorized by You (each an “Authorized User”). You may permit Authorized users to use the Services, provided that You ensure that each Authorized user complies with all applicable terms and conditions of the Terms, and You are responsible for acts or omissions by Authorized Users in connection with their use of the Services. Please note: these Terms include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You.
We are always working to improve our services and this may or may not result in modifications. Cerca reserves the right to modify, restrict access to, or discontinue the Service, temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.
Pricing for the Service are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to CercaI’s Websites (www.cercatravel.com and/or www.frequencymachine.com), in the Cerca App, the Service itself, or through email or other written contact method we have established with You. Cerca shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
The services are the property of Cerca, and subject to these Terms, We hereby grant You a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for Your personal, non-commercial use. Except for the foregoing license, no other rights in the Service or documentation are granted to You hereunder, and the Service and documentation are and will remain the sole and exclusive property of Cerca and its licensors, if any, whether the Services are separate or integrated with any other products, services or deliverables.
Although We aim to offer You the best service possible, Cerca makes no promise that the Services will meet Your requirements and cannot guarantee that the Services will be fault free. Cerca shall use commercially reasonable efforts to make the Service available to You 24 hours a day, seven days a week, except for: (i) services that include defined operating hours, including but not limited to Cerca Concierge,i (ii) planned downtime (which we will schedule, to the extent practicable, during hours to minimize interruptions), and (ii) any unavailability caused by circumstances beyond our reasonable control. Cerca shall have no liability whatsoever for the resulting unavailability of the Service, or any portion thereof, or for any loss of data or transactions caused by planned or unplanned system outages, corrupted data, or any other reason, or the resulting delay, incorrect delivery, or non-delivery of data or other information caused by such system outages, or any other reason including, but not limited to, bugs, corrupted data, third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Service. If a fault occurs in our Services, please report it to Us at support@ceratravel.com and We will review Your complaint and, where We determine it appropriate to do so, correct the fault. In no event will We be liable to You if the Services are unavailable from time to time.
In order to Access the services, You must first register with Us via the Cerca App and create a User account “Account”. In order for Us to provide You the best possible service, You agree to provide Us with complete, accurate, and updated information for Your Account at all times. You agree that all information that You submit upon creation of Your Account is accurate and truthful and You have the right to post the content on the Service and grant a license to Cerca. If any information is incorrect or outdated, it can lead to errors or delays, for which We will not be responsible.
You agree that You are responsible for safeguarding Your password to the Services. Do not share Your account credentials or give others access to Your account, except to Authorized Users. You understand that You are responsible for all Use of Your Username and password on the Services, and if Your Username or password is lost or stolen, or if You believe there has been unauthorized access to Your account by a third party, You must notify Us immediately at support@cercatravel.com and change Your password.
You may not copy, duplicate, reproduce, modify or otherwise adapt, reverse engineer, decompile, disassemble, trade, sell or resell the Service for any purpose (except to the extent specifically permitted by applicable law, or, with respect to intellectual property owned by Cerca, allowed by written agreement with Cerca).
You will not use the Service in any manner which exceeds the scope of Your license, or which violates Your obligations, as set forth in these Terms, or for illegal activities, “spam” or distribution to any person who has not been given specific permission to be included in such a process. You may not frame any part of our Service. You may not use, or attempt to use, the Service through any means not explicitly and intentionally made available, provided or intended with respect to the Service. You may not download and/or use information about Users of the Service for any purpose competitive with the Cerca system or Service. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or that harms Cerca, its service providers, suppliers, other Users, or any other person (all the foregoing “Improper Uses”).
If You use our Service for any uses We deem Improper in our sole discretion We may immediately suspend or terminate Your access to the Service.
In order to make sure the Services are enjoyable for everyone, You agree not to do – or assist anyone in doing – the following in connection with the Services:
introduce any “malware,” such as, but not limited to, viruses, worms, and Trojan horses;
use deep-links, page scrapes, web crawlers, web robots, spiders, wanderers, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things;
send or store, post, transmit or link from, infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights.
send or store, post, transmit or link from fraudulent, false, misleading, or deceptive material or;
material that is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
promotes illegal or harmful activities or substances;
damage, disable, undermine, overburden, interfere with, disrupt, or impair the Service or the servers on which they run or interfere with any other party’s use of the Service;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Services, except as otherwise set forth in these Terms;
attempt to gain access to the Service or its related systems or networks in a manner permissible as set forth in these Terms; or
permit access to the Service by any third-party hardware or software not authorized by Us.
Your use of our Services must comply with our “User Rules and Prohibitions” outlined below. Cerca may review Your conduct for compliance with these Terms, but we are not obligated to do so. You may Use our Services only as permitted by applicable law, including export control laws and regulations.
You represent and warrant that all data, materials and content (“Customer Data”) You provide for use with the Services are owned by You or You have the right to provide such Customer Data to Cerca for Use with the Services. You also represent and warrant that any Use or transmission of Customer Data does not and shall not violate or infringe the intellectual property, privacy or publicity rights of any third party, and You shall defend, indemnify and hold Cerca harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by Cerca or which are agreed by Cerca to be paid by way of settlement or compromise, arising out of any third-party claim due to Your breach of the foregoing representations and warranties or any violation of applicable law by You. You shall not be entitled to settle or compromise any such claim made against Cerca without Cerca’s prior written consent.
Cerca shall have exclusive ownership of all right, title and interest in and to all suggestions, enhancement requests, recommendations or other feedback provided by You or any users relating to the operation, features or functionality of the Services without compensation to You.
Subject to the parameters and restrictions set forth in our Privacy Policy, Cerca is under no obligation to refrain from reproducing, publishing, or otherwise using communications You send to or receive from the Cerca App, or otherwise send to or receive from Cerca by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including business collaboration, networking, the developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby give Cerca Your consent to use Your personal data consistent with Cerca’s Privacy Policy.
The Service, including all material and information, and the selection, arrangement and composition of such information are proprietary property of Cerca and its licensors and suppliers and are protected by Federal and international intellectual property laws, including Trademark and Copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notices incorporated in or accompanying the service for any purpose, including, without limitation, Your internal Use.
You acknowledge that Cerca or its licensors retain all ownership of, and copyright, trademark, trade secret, patent, and all other proprietary and intellectual property rights in and to the Services, and any or all modifications to the Services, related documentation and marketing materials regardless of (i) whether such intellectual property notices appear on the materials or (ii) whether such intellectual property notices have been filed with governmental agencies. Nothing in these Terms will directly or indirectly be construed to assign or grant You any right of ownership, title or interest in the Service, or any intellectual property rights relating thereto.
You agree that You shall not disclose to anyone any proprietary or confidential information of Cerca which You may receive through the Service or which You may have access to on our Sites, Cerca App or alternative sources, and that You will not use any such information to compete against or otherwise harm the business interests of Cerca or reverse engineer our product offerings. You agree that You will not copy, record, publish, compile, reproduce, republish, use or resell for any competing commercial purpose any information on our Sites or the Cerca App or which You receive through the Services. In addition, You agree to pay all reasonable attorney’s fees and costs incurred in enforcing these provisions should you violate them.
To the best of Cerca’s knowledge, all material published by Cerca in the Cerca App and on its web pages and other media properties, is published in full agreement with the original copyright owners (be that Cerca or another party). If You come across a situation where You suspect that this may not be the case, we ask that You contact: support@cercatravel..com
You understand and agree that any third party data, content, materials or software (“Third Party Content”) which may be published on the our websites or the Cerca App, or otherwise made available through the Services, may be subject to third party licenses, that such licenses may be altered or revoked at any time by the applicable Cerca third party licensor, and that, provided there is no material reduction of functionality in the Services, removal or alteration of Third Party Content shall not constitute a material breach of these Terms.
By creating an account, You agree to receive communications from Cerca, including but not limited to in-app notifications and messages, push notifications. These communications may be live or system generated sent by or on behalf of Cerca, its representatives or contractors, or third party service providers. Message and data rates may apply.
You acknowledge and agree that text and/or in-app messages, and other communications between You and Cerca, including its agents and affiliates, may be monitored and recorded for purposes of quality control and training, as well as providing and improving our Services.
All payments, if any, shall be made through our third party payment facilitators, Apple and RevenueCat, and all users of the Services shall be subject to Apple and RevenueCat’s guidelines regarding payments, in-app purchases, and the iOS App Store. In the course of Your use of the Services, third party payment service providers may receive and implement updated credit card information from Your credit card issuer in order to prevent Your payment from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of Your credit card issuer. Your credit card issuer may give You the right to opt-out of the update service. Should You desire to do so, please contact Your credit card issuer. You agree not to hold Us responsible for banking charges incurred due to payments on Your account. You agree that You are not permitted to resell any Services for commercial purposes.
You give Us permission to download and install updates to the Cerca App on Your device in accordance with Your privacy preferences. This permission can be revoked at any time by deleting Cerca from Your device.
Any written materials published by Cerca (the “Materials”) have been compiled by Cerca from internal and external sources. However, while CercaI attempts to provide accuracy in the provision of the Service, including on its Sites or in the cerca App, no representation is made, or warranty given as to the completeness or accuracy of the Materials.
You should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the sites or Cerca App before You take any action upon it, and You agree that any copy of the Materials (or any portion of the Materials) that You make shall retain all copyright and other proprietary notices contained herein or therein.
No advice or information, whether oral or written, obtained by a User from Cerca shall create a warranty not expressly made herein.
The Services may contain links to third-party websites, account websites or industry websites that are not owned or controlled by Cerca. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party website, and You access and use these third-party websites solely at Your own risk. These links are provided for Your reference and convenience only and do not imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. BY USING THE HOSTED SERVICE, YOU EXPRESSLY RELEASE US, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SHAREHOLDERS, LICENSORS, LICENSEES, SUPPLIERS AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY.
Accordingly, we encourage You to be aware when You leave the Service; Cerca is not responsible for the data collection policies of these sites. Consult the Terms of Use, Acceptable Use Policies, or other agreements of each Web site You visit.
By Using any third-party website or Application Programming Interface (“API”), You agree to be bound by their respective Terms of Service.
To the extent that You are Using or accessing Cerca on an iOS device, You acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between You and Fugitive Media Inc. d/b/a Cerca only, not with Apple Inc. and Apple is not responsible for Cerca and any materials available in Cerca.
Apple has no obligation to furnish You with any maintenance and support services with respect to Cerca.
If Cerca fails to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price of the mobile application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Cerca and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by You or any third party relating to Cerca or Your Use of Cerca, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using Cerca, including any usage rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon Your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against You as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.
You hereby grant Cerca a non-exclusive, ongoing right to use Customer Data (including copyright, trademark, patent, publicity or other rights) and to disclose Customer Data to third-party service providers, if any, in connection with Cerca’s provision of the Services. You retain any and all rights You may possess to Customer Data provided by You to Cerca though the Services or collected from others by Cerca on Your behalf. Such CUstomer Data will only be Used by Cerca as reasonably required for providing Services as contemplated hereunder and in accordance with the Confidentiality obligations set forth in these Terms.
Unless we have Your permission, Cerca will not disclose or share personally identifiable information collected on the Site with any third party (except as required by law, pursuant to a governmental request, for the purposes of providing You the Service, or by a successor in connection with a change of control of Cerca or our business). Cerca may retain copies of Customer Data for a reasonable period following expiration or termination of any Agreement. In the event of expiration, we will keep the associated Customer Data for at least sixty (60) days before purging. In the event of termination, we will keep Customer Data for not more than sixty (60) days prior to purging it from Your account, which will result in the Customer Data not being recoverable by You.
Any party receiving Confidential Information hereunder (“Recipient”) agrees that (a) it will treat all Confidential Information of another party with the same degree of care as such Recipient accords to its own Confidential Information, but in no case less than reasonable care; and (b) it will not use, disseminate, or disclose to third parties any Confidential Information of the disclosing party (“Discloser”), except for the purpose of providing or utilizing the Services and for any other purpose Discloser may authorize. For purposes of these Terms, “Confidential Information” means any information, regardless of form, proprietary to or maintained in confidence by either party, including, without limitation, any Customer Data, information, technical data or know-how relating to discoveries, ideas, inventions, software, designs, specifications, processes, systems, diagrams, research, development, business plans, strategies or opportunities, and information related to finances, costs, prices, suppliers, vendors, customers and employees which is disclosed by either party or on its behalf whether directly or indirectly, orally, visually, or in writing, to the other party or any of its employees or agents. Both a Customer’s request for Customer Data and the terms and conditions of any proposal for Cerca’s products or Services shall be deemed to be Confidential Information. All documentation, other than what is publicly available, that Cerca provides in association with the Service is exclusively our Confidential Information.
Additionally, all information You receive from an authorized Cerca User account, that is in response to Your request, shall be treated as Confidential Information as between the requestor and You, the recipient, of the information.
Recipient will have no obligation with respect to any portion of the Confidential Information which (a) is now, or hereafter becomes, through no act or failure to act on the part of Recipient, generally known or available to the public; (b) was acquired by Recipient before receiving such information from Discloser and without restriction as to use or disclosure; (c) is hereafter rightfully furnished to Recipient by a third party, without restriction as to use or disclosure; (d) is information that was independently developed by Recipient without reference to Confidential Information received hereunder; or (e) is disclosed with the prior written consent of Discloser. Recipient may disclose Confidential Information pursuant to the requirements of a governmental agency or operation of law, provided it gives Discloser reasonable advance notice sufficient to contest such requirement of disclosure, unless it is prevented from providing such notice by the government agency or operation of law.
THE SERVICES AND INFORMATION ON THE SITE AND IN THE CERCA APP ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CERCA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SHAREHOLDERS, LICENSORS, LICENSEES, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “CERCA PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICE AND YOUR USE OF, OR TRANSACTIONS WITH, THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. CERCA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER(S) USED FOR THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You acknowledge that You are responsible for ensuring that You meet foreign entry requirements and that Your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Travel to certain destinations may involve greater risk than others and in no event will Cerca be liable for damages or losses that may result from travel to any destination.
BY OFFERING TRAVEL SERVICES, CERCA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Cerca’s liability to You, Your affiliates, registered agents, assignees, registrants or any third party claims, for claims seeking indemnity, or for any recoverable losses, damages, or litigation and attorneys’ fees or costs arising under the Agreement shall be limited to the amount of Your actual direct damages, not to exceed (in the aggregate for all claims) the total amount paid to Cerca for Use of the Cerca Applicable Services in the preceding twelve-month period calculated from the time of the incident giving rise to liability. If no fee is paid to Cerca, Cerca does not retain any liability.
IN NO EVENT WILL CERCA OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, MANUFACTURE OR DISTRIBUTION OF ANY SOFTWARE, SERVICE OR OTHER MATERIALS PROVIDED UNDER THE AGREEMENT BE LIABLE OR INDEMNIFY YOU FOR: (i) ANY DAMAGES CAUSED BY YOUR FAILURE OR THAT OF YOUR CLIENTS, INVITEES, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS TO PERFORM THEIR RESPONSIBILITIES; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR (iii) ANY LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COST OF COVER, LOSS OF USE, LOSS OF DATA, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SITE, THE Cerca APP, OR SERVICE PERFORMED OR INFORMATION PROVIDED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF Cerca OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in the Agreement.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CERCA PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, AND ATTORNEY’S FEES DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICE, (2) YOUR USE OF, OR TRANSACTIONS WITH, THIRD PARTIES, AND (3) YOUR VIOLATION OF ANY OF THESE TERMS. Cerca RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH Cerca IN ASSERTING ANY AVAILABLE DEFENSES.
Assignment. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Cerca’s prior written consent, but may be assigned by Cerca without restriction and without notice to You.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export and/or import controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported to and from the United States or the country in which You reside.
Governing Law, Jurisdiction, Venue and Arbitration. The Agreement will be governed by, construed under and enforced in accordance with the laws of the State of California without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods; and (ii) in the event any party brings a civil action or initiates judicial proceedings of any kind related to this Policy (except for actions to enter or collect on judgments), You consent to the exclusive personal jurisdiction and venue of the federal and state courts located in the State of California.
Any dispute, controversy or claim arising out of, or in relation to, the Services, these Terms, or any relationship between Us, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Rules of the American Arbitration Association in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one; the seat of the arbitration shall be Los Angeles, California, unless otherwise agreed by the Parties; and, the arbitral proceedings shall be conducted in English.
Entire Agreement, Severability. These Terms constitute the entire agreement between You and Cerca concerning the Services and supersede all prior or contemporaneous communications of any kind between You and Cerca with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Cerca’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Updates to Terms. The Materials published on the Sites or on the Cerca App may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. Cerca may also make improvements and/or changes in the Services described in the Materials at any time without notice. Cerca shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using the Sites or Cerca App, You agree to be bound by any such revisions and should therefore periodically visit the Sites or Cerca App to determine the then-current Terms to which You are bound.
Term and Termination. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Service, in whole or in part, and to block or prevent future access to and Use of the Service.
Surviving Provisions. All provisions of these Terms relating to ownership of assets and intellectual property, confidential information, limited warranties, disclaimers, releases and limitation of liability, and effects of termination and dispute resolution, shall survive any expiration or termination of the agreement between Us under these Terms.
Third Party Beneficiaries. These Terms do not create any right of action on the part of any third party, except for the Cerca Parties, licensors and suppliers or others who are party to written agreements with Us explicitly giving them third party beneficiary rights.
Attorney Fees. If the Cerca Parties take legal action against You as a result of Your violation of these Terms, the Cerca Parties will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Cerca Parties.
Contact Us. If You have questions, please contact Us by email at:
General Inquiries [Information, Requests to be Contacted, etc.]: info@cercatravel.com
Technical Support [Platform Technical Support, Functionality, Improvement Suggestions etc.]: support@Cercatravel.com
Legal [Media Properties, Use of Confidential Information, Copyright Concerns, Improper Use Issues, etc.]: info@Cercatravel.com
Content Errors [Notice that Content is not Accurate or is Misleading]: info@Cercatravel.com
