Last updated: April 29, 2020
Be sure to return to this page periodically to review the most current version of the TOU. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified TOU.
1. Description of Site Services
XOKind provides users with tools for travel and leisure discovery, planning and booking (the “Services”) which can be accessed through the links posted on the Site to the XOKind Mobile App. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site and our Mobile App.
2. License and Site Access
XOKind grants you a limited license to access and make personal use of the Site and the Services. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site; uploading, posting, or transmitting any material that 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; any action that imposes or may impose (in XOKind’s sole discretion) an unreasonable or disproportionately large load on XOKind’s infrastructure; or any use of data mining, robots, scrapers, or similar data gathering and extraction tools. You may not bypass any measures used by XOKind to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by XOKind.
By using the Site you agree not to: (i) use this Site or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.
3. Disclaimer of Liability and Warranty
THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
XOKIND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED, OR LINKED TO, ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. XOKIND AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM XOKIND, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XOKIND, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES SOLD OR OFFERED THROUGH THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF XOKIND OR ITS AFFILIATES. XOKIND AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM XOKIND AND ITS AFFILIATES 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.
IN NO EVENT SHALL XOKIND, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF XOKIND, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XOKIND AND ITS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XOKIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
If, despite the limitation above, XOKind or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of XOKind and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to XOKind in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of XOKind and/or its respective suppliers.
You agree to indemnify and hold XOKind (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOU, your violation of any law or the rights of a third party, or your use of the Site.
6. Electronic Communication
When you use the Site or send emails to XOKind, you are communicating with XOKind electronically. You consent to receive communications from XOKind electronically. XOKind will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site and/or third parties may provide links to other World Wide Web sites or resources. Because XOKind has no control over such sites and resources, you acknowledge and agree that XOKind is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that XOKind shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
XOKind’s trademarks are important corporate assets and XOKind requires they are used properly. To preserve its reputation and protect its trademarks, XOKind diligently guards against any violation of its trademarks. XOKind acknowledges the desire of third parties to show affiliation with XOKind. Without written permission from XOKind, you should not use XOKind’s trademarks, service marks, or names in a manner suggesting any affiliation or association with XOKind. Only parties with written permission from XOKind are allowed to use XOKind’s trademarks in accordance with applicable terms.
XOKind trademarks take on various forms and may include letters, words, logos, designs, images, slogans, and colors associated with our company, website, and service offerings.
Certain activities may constitute infringement or dilution of XOKind’s trademarks, and are not permitted. Please review the following list of ways to avoid unauthorized use of XOKind’s trademark(s):
- Do not use an XOKind trademark or name in a manner likely to cause confusion about the origin of any product, service, material, course, technology, program or other offerings.
- Unless you have prior permission from XOKind, do not use an XOKind trademark or name in a manner likely to give the impression or otherwise imply an affiliation or association between you, your products or services, and XOKind, or any of its products, services, programs, materials, or other offerings.
- Do not use the XOKind logo in any materials without the written permission of XOKind.
- Do not use any XOKind trademarks as or as part of a company, product, service, solution, technology, or program name.
- Do not use a XOKind trademark in a manner likely to dilute, defame, disparage, or harm the reputation of XOKind.
- Do not use any trademark or designation confusingly similar to the XOKind name or any XOKind trademarks.
- Do not copy or imitate any XOKind trade dress, type style, logo, product packaging, or the look, design, or overall commercial impression of any XOKind website, blog, or other materials.
- Do not register or use any domain name which incorporates any XOKind mark or name.
- Do not register, or seek to register, an XOKind trademark or any mark or name confusingly similar to an XOKind mark.
10. Procedure for Claims of Intellectual Property Infringement
XOKind respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide XOKind’s Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; or (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
XOKind’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
XOKind, Inc. ATTN: Sarah Harris
Attn: Copyright Compliance
4445 Eastgate Mall, Ste. 200
San Diego CA, 92121
11. Severability and Survivability
If any provision, or portion of a provision, in these TOU shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. Notwithstanding any other provisions of these TOU, or any general legal principles to the contrary, any provision of these TOU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these TOU.
12. Disputes: Binding Arbitration, Governing Law, Jurisdiction, etc.
These TOU and the relationship between you and XOKind will be governed by the laws of the State of California without regard to its conflict of law provisions.
User and XOKind agree to submit to the personal jurisdiction of the federal and state courts located in San Diego County, California with respect to any legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute. User and XOKind agree the exclusive venue for any and all legal proceedings that may arise in connection with, or relate to, our Binding Arbitration clause and/or a Dispute, shall be the federal and state courts located in San Diego County, California and to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND XOKIND 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 BINDING ARBITRATION PROVISION.
13. Attorney’s Fees, Costs, and Expenses of Suit
No delay or failure by either party to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof of such party's rights thereafter to exercise or enforce each and every right and provision hereof. No single waiver will constitute a continuing or subsequent waiver. XOKind does not guarantee it will take action against all breaches of these TOU. No waiver, modification or amendment of any provision hereof will be effective unless it is in a writing signed by both the parties.