Terms of Service
for El Camino Travel, Inc.
NOTICE: These Terms of Services apply to the website located at www.elcamino.travel (“Our website” or “Site”), and all associated web pages linked to it by El Camino Travel, Inc. dba El Camino Travel (also “El Camino Travel,” “We,” “Us” or “Our”), including, but not limited to, the Clubhouse. These Terms of Services (the “Terms” or “Terms of Services”) are legally binding. It is you the user’s or visitor’s (also “You” or “Your”) responsibility to read these Terms of Services carefully prior to purchase, use, or access of Our website and/or any of Our Services, including without limitation, our searching, planning, and booking services (collectively, the “Services”). BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE OUR WEBSITE OR SERVICES.
Please note that the Section “Disputes with El Camino Travel” contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
These Terms incorporate the following additional policies whenever you use the Services or access the Site:
Clubhouse Community Guidelines
Subject to Your compliance with these Terms, We grant you a personal, limited, non-exclusive, non-transferable, non-sublicenseable privilege to enter and use Our website. We may revoke this privilege at any time for any reason.
GENERAL PROVISIONS
This Site is owned and operated by El Camino Travel, Inc., a Delaware corporation.
You must be at least sixteen years of age to use Our website. Use of this Site is at Your own risk. We host Our website on a reputable platform and take reasonable efforts to maintain and host the Site. However, We make no explicit representations or warranties as to the safety of Your individual use of the Site. The Terms are subject to change at any time.
User Accounts and Registration
To access certain features of Our website and/or Services, You may need to create a user account and provide certain personal information, such as Your name, email address, and a password. You agree that the information You provide during account registration is accurate and complete, and You will keep Your account information up to date. You may be asked to provide additional information to verify Your identity.
You are responsible for maintaining the confidentiality of Your account login information and for all activities that occur under Your account. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use, of Your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
You may delete Your account at any time by sending a request to privacy@elcamino.travel. Upon receiving Your request, We will remove Your personal information from Our active databases, unless retention is necessary for legal or legitimate business purposes. However, residual data may remain in our archives and records or otherwise as indicated below under User Content.
Fees
Subscription fees for the Services are recurring payments (except where identified as otherwise). The term may be monthly or annual, as described in the course of the transaction. Your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)
Payment
El Camino Travel accepts payment via the current payment method indicated at time of purchase, which may include credit card, Paypal, Square, Affirm, and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement whether with El Camino Travel, PayPal, Square, Affirm, or another third party, that governs your use of a given payment processing method. Prices for the Services may change at any time, and El Camino Travel does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Services that you order (except during a free trial period, if any, in existence and that you are eligible for). El Camino Travel will charge your credit card or other form of payment for the price listed on the relevant Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that El Camino Travel will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, El Camino Travel reserves the right to immediately revoke your access to any Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, El Camino Travel may cancel your subscription.
Taxes
If El Camino Travel is required to collect or pay any taxes in connection with your purchase of the Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of the Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
Cancellations and Refunds
You can cancel your access to the Services at any time. If you purchase a subscription to the Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by El Camino Travel. You will retain access to the Services from the time you cancel until the start of the next billing period, and you will not receive a refund or credit for any remaining days in your current billing period. The subscription fees paid are final and nonrefundable, unless otherwise determined by El Camino Travel. If El Camino Travel reasonably determines that a user has violated these Membership Terms of Services, El Camino Travel may immediately terminate the subscription and your access to the Services without notice and without refund. You may cancel and manage your subscription here at the Memberful account you create while signing up for the subscription. You may submit any refund request through the Memberful portal by emailing community@elcamino.travel.
Free Trial
El Camino Travel may offer free trials to new Service users. If you initiate a subscription to the Services through a free trial offer, you will receive free access to such Services for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
License
Your use of the Services must be only for personal, non-commercial use. You agree not to use the Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Services and all rights, title and interest in the Services (including any content offered through the Services) not expressly granted to you in these Terms are reserved by El Camino Travel and its licensors. If El Camino Travel reasonably determines that you violated any part of the Terms of Service, your rights under this Section will immediately terminate and El Camino Travel may terminate your access to the Services and/or your El Camino Travel account without notice and without refund to you.
USER-GENERATED CONTENT
User content means any content that users post on the Site, such as comments, reviews and forum posts, as well as text, images, audio, video or other information or materials that users may post or make available on the Site (“User Content”).
We value the User Content of our users and visitors to Our website. However, we also recognize that such content can be a source of risk and liability for us. Therefore, we have established the following guidelines:
1. You may only post User Content that is relevant to the topic at hand and does not violate any of the Terms outlined in this document.
2. User Content must not contain any defamatory, offensive, or illegal material that could expose us to legal action.
3. You represent that you own (or have) all rights necessary to grant Us the rights to all User Content that you submit and that we will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content.
4. You retain ownership of the User Content you post, but by posting it on Our website, you grant us a non-exclusive, transferable, royalty-free, perpetual, and irrevocable license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media (now known or later created) for any purpose, commercial or otherwise, without compensation to you. You waive any so-called “moral rights” or rights or privacy or publicity in your User Content. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes.
5. We reserve the right to remove any User Content that violates our guidelines or is otherwise deemed inappropriate, in our sole discretion.
6. By posting content on Our website, you agree to indemnify and hold us harmless from any claims, demands, or damages arising out of or in connection with your User Content.
7. We do not endorse or guarantee the accuracy, completeness, or usefulness of any User Content on Our website and are not responsible for any loss or damage resulting from reliance on such content.
8. We reserve the right to monitor User Content and to remove or edit any content that violates our guidelines or is otherwise deemed inappropriate, in our sole discretion.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the Services. We are not responsible for the removal or deletion of any of your User Content.
We encourage our users and visitors to report any content that they believe violates our guidelines or is otherwise inappropriate. If you believe that any content on Our website violates your intellectual property rights, please contact us immediately. For further information, please see below under “DMCA Notice.”
USER RESTRICTIONS
We reserve the right, but have no obligation or liability for, monitoring any of your interactions with other users of Our website. We and our website service providers (individually and collectively “website provider”), also reserve the right to investigate and take appropriate legal action against anyone who, in our discretion, violates this “User Restrictions” provision, including without limitation removing offending content from Our website, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.
You agree to not use Our website to
post, email or otherwise transmit any content, or create any content, or encourage any action, as applicable, that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) You do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) is inaccurate or infringes any intellectual property or other proprietary rights or personal rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the judgment of Us or Our website provider is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose Us or website provider or Our users to any harm or liability of any type;
engage in activity or actions that violate Our Clubhouse Community Guidelines and any other applicable policies that make up the Terms;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity for any purpose;
harvest or collect data, including User Content or personal data such as email addresses or other contact information of other users, from Our Website by electronic or other means for any purpose, commercial or otherwise, or to send unwelcome or harassing emails or other unwelcome or harassing communications;
interfere with or disrupt Our Website or servers or networks connected to Our Website, or disobey any requirements, procedures, policies or regulations of networks connected to Our Website;
violate any applicable local, state, national or international law, or any regulations having the force of law; or
obtain or attempt to access or otherwise obtain any materials or information through Our Website using deceptive or fraudulent means.
INTELLECTUAL PROPERTY RIGHTS
All images, text, designs, graphics, trademarks, and service marks displayed on Our website are licensed or owned by and the property of El Camino Travel or the properly attributed party. Except as expressly provided in these terms, You agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit our content and materials or data without Our express written permission. If You believe that any content on Our website violates Your intellectual property rights, please contact us immediately at privacy@elcamino.travel. We will promptly investigate any such claim and take appropriate action, including removing or disabling access to the disputed content. For further information, please see below under “DMCA Notice.” By posting content on Our website, You represent and warrant that You have the right to grant the license set forth in these terms and that such content does not violate any third-party rights, including intellectual property rights.
THIRD-PARTY SERVICES, SECURITY AND ASSUMPTION OF RISK
Third-Party Services
El Camino Travel may use third-party services, such as payment processors Stripe, Paypal, or Square, or community management tools, such as Mighty Networks and Memberful (collectively, the “Third-Party Service Providers”), automated systems providers including but not limited to model-as-a-service providers, and analytics providers, to facilitate the use of our Services. By using our Services, you acknowledge and agree that your personal and/or payment information may be shared with these third-party services for the purpose of processing your transaction, evaluating the use of Our website and Services and developing content for our Services. These third-party services may have their own terms and privacy policies governing the use of your information, and El Camino Travel is not responsible for their actions or policies. We encourage you to review the terms and privacy policies of these third-party services before using our Services. The terms of use for these Third-Party Service Providers can be found here:
[Paypal]
[OpenAI]
[Google Cloud Platform]
Security
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, PayPal or Square. By using these payment processors to gain access to the Services, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
Confidentiality
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption Of Risk
By accessing Our Services and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our online contact page blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media to the fullest extent allowed by United States of America law, and will not give credit or pay royalties for unsolicited User Content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that violate another person’s intellectual property rights and/or are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
USER FEEDBACK
At El Camino Travel, we value the feedback and suggestions of our users and visitors to our website. We are committed to continuously improving our website and services, and your input is essential to this process.
We collect user feedback through various channels, including email, social media, and surveys. We carefully review all feedback and use it to identify areas for improvement. We may also share feedback with our team members, partners, and contractors as necessary to address any concerns or issues.
If you would like to provide feedback or suggestions, please email us at privacy@elcamino.travel. We appreciate any constructive criticism, as well as positive feedback about your experiences with our website and services.
We strive to respond to all feedback in a timely and respectful manner. If you have any concerns or complaints, we encourage you to reach out to us so that we can address them promptly.
DISCLAIMERS
WE DO NOT PROMISE THAT OUR WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF OUR WEBSITE WILL BE ERROR-FREE, FUNCTIONAL, CORRECT, COMPLETE, APPROPRIATE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR WEBSITE WILL PROVIDE SPECIFIC RESULTS. OUR WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OUR WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR WEBSITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR WEBSITE OR ANY CONTENT IS TO STOP USING OUR WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to Our website, or any portion of it, for any reason; (2) to modify or change Our website, or any portion of Our website, and any applicable policies or terms; and (3) to interrupt the operation of Our website, or any portion of Our website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
If You should see any errors or omissions on Our website and would like to let Us know, please email Us at privacy@elcamino.travel.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You. Our website may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
You agree to indemnify and hold harmless El Camino Travel, its officers, directors, shareholders, successors in interest, employees, agents, suppliers, and contractors from any demands, loss, liability, claims or expenses (including attorneys’ fees) due to or arising out of or in connection with your use of Our website, including, but not limited to, as a result of any technological failures such as a payment processor error(s) or system failure(s).
Except where prohibited by law, in no event will El Camino Travel be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, El Camino Travel is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of Our website or any content, El Camino Travel’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.
MEDICAL CONDITIONS
El Camino Travel values the safety and well-being of its users. If you have any medical conditions or concerns that may affect your ability to participate in any of our Services, including without limitation, our searching, planning, and booking services, please inform us prior to using our Website or any Services. We recommend that you consult with a medical professional before participating in any physical activities during your travel. El Camino Travel is not responsible for any injuries, illnesses, or medical emergencies that may occur during your travel. By using Our website and/or any of our Services, you acknowledge and assume all risks associated with your travel, including any medical risks. You agree to release and hold harmless El Camino Travel and its officers, directors, employees, agents, and affiliates from any and all liability related to any medical conditions or concerns that may arise during your travel.
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time We feel You have violated these Terms, then We may immediately terminate Your account and Your use of Our website and any related communications in our sole discretion and without prior notice. It is within Our and our website provider’s discretion to allow any user’s access of Our website, and We and/or our website provider may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s). Further, We may terminate Your access to Our Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of Our Website or any service offered on or through Our Website, or (4) unexpected technical issues or problems.
You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Us and/or the website provider for which monetary damages would be inadequate, and you consent to Our and/or website provider obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies We and/or our website provider may have at law or in equity.
DMCA NOTICE
El Camino Travel respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on Our website infringes upon your copyrights, please follow the procedures set forth in the Digital Millennium Copyright Act (DMCA). To file a DMCA notice, please provide us with a written notice that includes the following:
1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and an email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
DMCA notices should be sent to our designated DMCA agent at the following address:
El Camino Travel, Inc.
Attn: DMCA Agent
Email: privacy@elcamino.travel
Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy, Booking Terms & Conditions, and Traveler Values. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
DISPUTES WITH EL CAMINO TRAVEL
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
Governing Law: The Terms are governed by the laws of the Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Arbitration
You and El Camino Travel agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
For EU merchants, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaints procedure published here. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and El Camino Travel are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity.
Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration: Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, El Camino Travel will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
Forum: We’re based in the District of Columbia, so any legal action against El Camino Travel related to our Services must be filed and take place in the District of Columbia. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in the District of Columbia, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and El Camino Travel agree to submit to the personal jurisdiction of a state or federal court located in District of Columbia.
Government Exception: If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the District of Columbia
Modifications
If we make any changes to this “Disputes with El Camino Travel” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against El Camino Travel prior to the date the changes became effective. El Camino Travel will notify you of substantive changes to the “Disputes with El Camino Travel” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send El Camino Travel a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and El Camino Travel in accordance with the provisions of this “Disputes with El Camino Travel” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
ACCESSIBILITY
El Camino Travel is committed to providing a website that is accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 level AA standards to ensure that our website is usable by individuals with disabilities. If you have any questions or concerns about the accessibility of our website, please contact us at privacy@elcamino.travel. We will make reasonable efforts to accommodate your needs.
CONSENT
By using Our website, You hereby consent to Our Terms and Privacy Policy.
If You require any more information or have any questions about Our Terms or Our Privacy Policy, please feel free to contact Us by email at privacy@elcamino.travel.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.