TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL THEREFORE CONSTITUTE OUR AGREEMENT (“AGREEMENT”).

VroomBrands provides a tailor- made travel experience service by assisting with your itinerary, reservations and payment requirements via liaising with the suppliers of travel services and products on your behalf.

VroomBrands in its Terms and Conditions sates the circumstances through which we provide these Services to you.

This Agreement describes the terms and conditions applicable to the services available through this website. This Site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below. By accessing or using this Site in any manner, you agree to be bound by this Agreement. Please read the Agreement carefully. These terms and conditions of use may be changed by VroomBrands in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new or modified terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with VroomBrands for products, services or otherwise.

PRIVACY POLICY

VroomBrands believes strongly in protecting user privacy. Users of this Site should refer to our Privacy Policy for information about how VroomBrands uses and collects information. By using our Site, you consent to the use of your personal identifiable information by VroomBrands in accordance with the terms of the Privacy Policy, which terms are incorporated herein.

COPYRIGHT

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of VroomBrands and service providers.

TRADEMARK

VroomBrands, the VroomBrands logo and the products and services described in this Site, are registered trademarks of VroomBrands and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VroomBrands. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of VroomBrands, and may not be copied, imitated or used, in whole or in part, without the prior written permission of VroomBrands.

AGE RESTRICTION

Persons under the age of 18 are not eligible to register for, purchase, cancel or modify any services available on this Site. By using this Site, you warrant that you possess the legal authority to create a binding legal obligation.

USER CONDUCT

  1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated;

  2. Not to use this Site or its Content for any commercial purpose;

  3. Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;

  4. Not to use or attempt to use another’s account, service or system without authorization from VroomBrands, or create or use a false identity on this Site;

  5. Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

  6. Not to use or access the Site in any way that, in VroomBrands’ reasonable judgment, adversely affects the performance or function of the Site.

  7. Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and

  8. You agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations.

ELECTRONIC NOTIFICATION

To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site, electronic mail, text message or by telephone.

ACCOUNTS

You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify VroomBrands immediately of any unauthorized use of your account. You are responsible for maintaining the secrecy of your login and password. VroomBrands is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

HOTEL BOOKING

Scope of service:

By making a reservation or booking through VroomBrands, you enter into a direct (legally binding) contractual relationship with the hotel at which you book. From the point at which you make your reservation, VroomBrands acts solely as an intermediary between you and the hotel, transmitting the details of your reservation to the relevant hotel and sending you a confirmation email for and on behalf of the hotel. The information disclosed on this Site regarding each hotel is based on the information provided to VroomBrands by the hotel. While VroomBrands has exercised due care in attempting to check the information provided by the hotels, VroomBrands cannot guarantee that all information is accurate, complete and correct, nor can VroomBrands or its affiliates be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Site or otherwise), inaccurate, incomplete, misleading or untrue information (including, but not limited to, inaccuracies relating to hotel photographs, hotel property descriptions, and lists of hotel property amenities) or non-delivery of information. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the information shown (including the rates, availability and taxes) displayed on our Site. Upon check-in, guests may be required by the hotel to present a valid ID in their name that is consistent with the transactional details provided to VroomBrands.

Prices:

Prior to booking your reservation, a total estimated price (including estimated taxes and fees) will be displayed. When you complete your booking, you authorize VroomBrands to book reservations on your behalf for the total estimated price. All charges are shown in United States dollars or the corresponding countries equivalent, unless otherwise stated. The room rate displayed on the Site is a combination of the room rate provided to VroomBrands by the hotel for the room you reserve and a fee retained by VroomBrands to compensate us for our services. Prices, rates and inventory are subject to change based on availability from the hotel and may change at any time prior to receipt of your booking confirmation. The “taxes and fees” amount displayed includes an estimate of transaction taxes (e.g. sales and use, occupancy, excise and value added tax), government fees and other charges that the hotel must remit to the government for your hotel reservation. The type of tax charged by the hotel may change at any time and will vary by service and location. The hotel suppliers are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions. The hotel reserves the right to charge you additional taxes, service fees, resort fees or hotel charges (including, but not limited to, resort fees, parking charges, minibar charges, room service charges, housekeeping fees, phone call charges, movie rentals, etc.). These charges, if applicable, will be payable by you to the hotel at checkout. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site and the booking of your hotel room. Please contact the hotel directly as to whether any additional taxes, service fees or charges apply. In the event a service is listed at an incorrect price or with incorrect information, VroomBrands and/or the hotel retain the right to refuse or cancel your reservation whether or not the order has been confirmed. If available, we will offer you the opportunity to keep your pending reservation at the correct price or will cancel your reservation without penalty. VroomBrands and/or the hotel are under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.

Price Increase:

All quotations generated by VroomBrands are based upon external supplier costs such as airfare, airport taxes, fuel surcharges, accommodation, car hire, park fees and gate fees which are outside of the control of VroomBrands. These supplier costs are therefore subject to change until final payment has been received or in the instance of air travel, until air tickets have been issued. You agree that should any such costs increase, such an increase will be for your account and shall be payable to VroomBrands or as otherwise instructed by VroomBrands. You also acknowledge that:

  1. Airlines reserve the right to levy additional or increased airport taxes and fuel charges - without notice - at any stage prior to flight and any such costs increase effected by the airline will be for the Client’s account and shall be payable to VroomBrands or as otherwise instructed by the VroomBrands.
  2. Road transportation companies such as transfer and car rental companies reserve the right to levy additional charges due to fuel price increases and/or government road levies -without notice - at any stage prior to and any such costs increase as a result of an increase effected by the road transportation company will be for the Client’s account and shall be payable to VroomBrands or as otherwise instructed by the road VroomBrands.
  3. Government/National Bodies, concession owners and other such parties involved in the running of private or public natural parks reserve the right to levy additional or increased park fees -without notice - at any stage prior to arrival and any such costs increased as a result of an increase effected by such parties will be for the Client’s account and shall be payable to VroomBrands or as otherwise instructed by VroomBrands.
Changes or Cancellations:

By making a reservation with a hotel, you accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation during your stay, including for services rendered and/or products offered by the hotel. The terms and conditions of a hotel can be obtained with the relevant hotel. The general cancellation and no-show policy of each hotel is made available on our Site on the hotel information pages, during the reservation process and in the booking confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Hotel cancellation policies vary. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled, you may be subject to hotel-imposed penalties and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel. Please check room rate details and booking terms thoroughly for any such conditions prior to making your reservations. If you would like to review, change or cancel your reservation, please review the confirmation email and follow the instructions therein or call our Customer Service. Please note that you may be charged for your cancellation in accordance with the hotel’s cancellation and no-show policy.

Disability Needs:

If you have disability needs (for example, you need a wheelchair accessible room), you must call the hotel and verify that your disability need can be met. If your disability needs cannot be accommodated by the hotel, please call VroomBrands’ Customer Service.

Special Requests:

Depending on the hotel and the reservation you book, you may or may not be able to select your room type and number and type of beds. Room assignments are based on hotel availability and are at the hotel’s sole discretion. VroomBrands cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or non-smoking rooms, a specific room, particular bedding, floor location, proximity to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since VroomBrands has no control over which room a hotel will assign you, VroomBrands may not be able to accommodate special requests in advance of your booking and cannot guarantee that special requests will be met. In addition, frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to VroomBrands’ hotel services.

Correspondence:

By completing a booking, you agree to receive email communications which we may send you (or your guest) shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including any VroomBrands promotions, offers or deals) relevant to your reservation and destination. We may also send you an email promptly after your stay inviting you to complete our customer review form.

GUEST MODIFICATIONS

Upon completion of your booking, you may choose to add or subtract a guest(s). To do so please contact our Customer Experience Center on our 1800-number. Passenger Modification requests will not be accepted seven (7) business days before the Experience Package begins. All requests will be confirmed via an email sent to the email address provided on the original itinerary. Please allow up to 48hours for your request to be processed. Please note that packages and prices may change everyday, we cannot guarantee the availability of the original itinerary price for the same Experience Package. If your Guest Modification request is denied you will retain the initial guest number from your original itinerary and an email notification will be sent to you.

HOLD EXPERIENCE

Available on select Experience Packages, VroomBrands offers a Hold Experience service that allows you to hold your itinerary for seven (7) days. The Hold Experience service is subject to a 25% non-refundable down payment of the total Experience Package cost payable upon holding request. Guests may go ahead and hold their desired Experience Package while they complete and confirm their travel plans within seven (7) days. Our Hold Experience service will guarantee availability for the number of guests requested and at the price quoted at the time Experience Package was held.

SUBMISSIONS

  1. You agree that any materials, including but not limited to questions, comments, ratings or reviews, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to VroomBrands, or postings on the Site or VroomBrands’ social sites (such as its Facebook and Twitter accounts) (collectively, “Submissions”), are non-confidential and shall become the sole property of VroomBrands. VroomBrands shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to VroomBrands, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. You agree that VroomBrands may use and display publicly on its website and elsewhere the name, city, hometown and state that you submit in connection with your Submissions. You further agree that you will be solely responsible for the content of any Submissions you make and that you shall be solely liable for any harm resulting from your Submission.

  2. The information and opinions expressed in Submissions on this Site are not necessarily those of VroomBrands or its content providers, advertisers, sponsors, affiliated or related entities, and VroomBrands makes no representations or warranties regarding any Submission. VroomBrands does not represent or guarantee the truthfulness, accuracy, or reliability of any Submissions or determine whether the Submissions violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk.

DISCLAIMER OF WARRANTIES

  1. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
  2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VROOMBRANDS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY VROOMBRANDS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
  3. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
  4. YOU ACKNOWLEDGE THAT VROOMBRANDS DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, VROOMBRANDS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NO WARRANTY OR GUARANTEE IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO PURCHASE. VROOMBRANDS DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL OR OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, VROOMBRANDS EXPRESSLY RESERVES THE RIGHT TO UPDATE PRICES AT ANY TIME AND/OR CORRECT ANY PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
  5. VROOMBRANDS DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. VROOMBRANDS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY VROOMBRANDS VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES VROOMBRANDS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF VROOMBRANDS OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
  6. VROOMBRANDS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF VROOMBRANDS, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
  7. VROOMBRANDS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON VROOMBRANDS SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS AND VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO VROOMBRANDS AND VROOMBRANDS HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
  8. VROOMBRANDS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
  9. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

  1. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL VROOMBRANDS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING VROOMBRANDS CONTENT OR RELATED SERVICES (COLLECTIVELY THE “COVERED PARTIES”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED THORUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. FURTHER, THE HOTELS AND SERVICE PROVIDERS ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT OR DELAY DUE TO AN ACT, ERROR OR OMISSION OF A HOTEL OR SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER, OR AN ACT OF GOD. THE COVERED PARTIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
  3. IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS SITE, USER AGREES THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE TRANSACTION FEES ASSESSED BY VROOMBRANDS FOR YOUR TRANSACTION ON THIS SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
  4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within sixty (60) days from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

TRAVEL DESTINATIONS

  1. 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. You must also review conditions in various countries and the level of risk associated with travel to particular international destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. VroomBrands shall not be liable for damages or losses that may result from travel to such destinations. VroomBrands urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the visiting countries Government and the aviation administration prior to booking travel to international destinations.
  2. BY OFFERING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, VROOMBRANDS 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.

ARBITRATION AND APPLICABLE LAW

  1. To the extent permitted by law, this Agreement and the provision of our services shall be governed by and construed in accordance with North Carolina law. By using this Site, you agree that any and all disputes, claims or controversies that you may have against VroomBrands or any of the Covered Parties (defined above) arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by VroomBrands or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association (“AAA”). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in North Carolina, North Carolina or at such other location as may be mutually agreed upon by VroomBrands and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, VroomBrands will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. You understand and agree that, by accepting these terms and conditions, you and VroomBrands (and any Covered Party) are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
  2. All claims you bring against VroomBrands must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, VroomBrands will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from VroomBrands, VroomBrands may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.
  3. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
  4. If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. This Agreement (and any other terms and conditions referenced herein) represent the entire agreement between you and each of the Covered Parties regarding your use of this Site and supersede any and all prior statements, representations, or prior versions of these terms and conditions relating to the use of the Site that were displayed previously on this Site. VroomBrands reserves the right, in its sole discretion, to amend, modify, or alter this Agreement (and any other terms and conditions referenced herein) at any time by posting the revised terms on this Site. We recommend that you review these terms and conditions periodically.