Amerigo Unlimited Inc.
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TERMS OF SERVICE
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Last Updated: April 24, 2025
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Welcome to www.amerigo-now.com, operated by Amerigo Unlimited Inc. ("Amerigo," "we," "us" or "our"). These terms and conditions of use (these "Terms") apply to your use of www.amerigo-now.com (the "Site") and any services or content made available through the Site (collectively, with the Site, the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise. Customers and distributors of Amerigo’s products and services may be subject to additional terms and conditions.
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Accepting these Terms
By clicking to accept these Terms or using the services, you agree to these Terms and any terms included by reference. If you are using the services on behalf of someone else or a group (e.g., creating a travel itinerary for multiple people), you confirm that you are authorized to accept these Terms on their behalf. If you have questions about these Terms, please contact us. If you do not agree to these Terms, do not use the services.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, providing you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Services after we have posted the changed Terms, then you have accepted the changes to these Terms.
Terms of Sale
All sales made through the Services are governed by these Terms of Sale. The Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase through the Services.
All prices are shown in US dollars (except where otherwise noted) and taxes are additional. All prices are subject to change without notice.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees if they are later determined to be payable. Amerigo reserves the right to collect such taxes or other fees from you at any time.
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of your order (including taxes and any other amounts described on the Site). When you provide your payment information, you authorize us, or our third-party payment processor, to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter to proceed with your order.
Privacy Policy
For information about how we collect, use and share information about users of the Services, please see our Privacy Policy.
Eligibility, Registration, and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you (a) are not identified on the Office of Foreign Assets Control's Specially Designated Nationals List ("SDN List"), (b) are not placed on the U.S. Department of Commerce's Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, and (d) have not previously had your rights to access or use the Services suspended or terminated.
To access and use certain features of the Services, and in consideration of your use of the Services, you agree: (i) to provide accurate, current and complete information about yourself as may be requested by any signup forms or during account registration (collectively, "Signup Data"); (ii) to maintain and promptly update your Signup Data as necessary to keep it accurate, current and complete; (iii) if you register for an online account, to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Amerigo; and (iv) promptly notify Amerigo if you discover or otherwise suspect any security breaches related to the Services.
You are responsible for the security of your accounts and any activities performed under your accounts, whether or not such actions were authorized by you. You understand that any person with your username and password will be able to access and use your account and may be able to access your signup data and other personal information associated with your accounts. As a result, you will not: (i) share your account passwords with any other person; or (ii) provide access to your accounts or the service to any other person.
You acknowledge and agree that using the same password for your Amerigo account as you use for any third-party account constitutes a security risk. You accept all risks of unauthorized access to your accounts. Amerigo is not responsible for any unauthorized access to your accounts or other loss or dissemination of your signup data.
If you suspect any security breaches related to your user account, please notify us by contacting charlesj@amerigo-now.com.
Right to Use the Services
On the condition that you fully comply with these Terms, Amerigo grants you a limited, nonexclusive, non-transferable license to access and use the Services. You may not modify, resell, copy, disrupt, or attempt unauthorized access to the Services or their components. Amerigo reserves the right to revoke this license at its discretion.
Amerigo’s Rights
As between you and Amerigo, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, logos and trademarks, images, software, services, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by Amerigo or is used with permission. Amerigo reserves all rights not expressly set forth in these Terms.
Downloadable Content
Amerigo may provide resources such as tip sheets or other downloadable content ("Downloadable Content") for your personal, non-commercial use. Downloadable Content is designated specifically for download and may not be redistributed, modified, or used for business purposes without Amerigo’s prior approval. Amerigo retains all rights to the Downloadable Content and may revoke your access at any time. You are responsible for ensuring your use complies with applicable laws and does not harm Amerigo’s reputation.
Third Party Materials
We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). We do not control or endorse any Third-Party Materials nor are we responsible for reviewing the accuracy of any Third-Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third-Party Materials, are solely between you and the applicable third party. When you leave the Services, you should be aware that these Terms and all other Amerigo policies no longer govern your use of other websites and services.
User Content
The Services may include interactive features, forums and areas that allow users to create, post, transmit or store content (collectively, "User Content"). You understand that your User Content may be viewable by other users of the Services or by the public and that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.
By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
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User Content that is untruthful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
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User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including but not limited to any copyright law.
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User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
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User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences.
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User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
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Unsolicited promotions, political campaigning, advertising or solicitations.
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Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
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Viruses, corrupted data or other harmful, disruptive or destructive files; or
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User Content that, in the sole judgment of Amerigo, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Amerigo or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
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Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner.
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Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages.
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Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data.
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Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law).
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Use or attempt to use another user's personal information without permission.
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Attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of the Services that you are not authorized to access.
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Engage in any harassing, intimidating, predatory or stalking conduct.
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Develop any third-party applications that interact with User Content and the Services without our prior written consent; or
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Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
Amerigo is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is Amerigo responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely in Amerigo’s discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of Amerigo’s right to enforce these Terms in other instances. At the same time, Amerigo encourages you to report User Content that violates these Terms by contacting us at charlesj@amerigo-now.com. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, Amerigo is not liable for any statements, representations or User Content provided by our users through the interactive area of the Services. Although Amerigo has no obligation to screen, edit or monitor any User Content, Amerigo reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
Rights in User Content
You retain all ownership rights in the User Content you submit to Amerigo. By submitting or posting User Content on the Services, you grant Amerigo a non-exclusive, royalty-free, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in connection with the Services.
By submitting or posting User Content through the Services, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.
Repeat Infringer Policy, Copyright Complaints
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Amerigo has adopted a policy of terminating, in appropriate circumstances and in Amerigo’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Amerigo may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright which you own or control, you may notify us by sending email to charlesj@amerigo-now.com.
Please see https://www.copyright.gov/512/ for the requirements of a proper notification. If you intentionally provide false information in your notice claiming that material or activity is infringing, you could be held responsible for any resulting damages. This includes covering costs and legal fees incurred by us or the individual accused of infringement, as a consequence of our actions based on your misrepresentation in removing or restricting access to the content in question.
Feedback
Any suggestions, comments or other feedback you give us about the Services or any Amerigo products and services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Indemnification
You agree to defend, indemnify and hold harmless Amerigo, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the "Amerigo Parties"), from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of your use of the Services, including without limitation any actual or threatened suit, demand or claim arising out your violation of these Terms or your violation of the rights of any third party.
Disclaimers
The Services and any content provided to you, including third-party materials, are offered "as is" without any guarantees or warranties. We disclaim all other warranties, whether express or implied, including those arising from law, trade customs, or prior dealings.
Limitation of Liability
To the fullest extent permitted by applicable law: (a) Amerigo will not be liable to you or any third party for special, indirect, incidental, exemplary, or consequential damages arising from these Terms, the Services, or content made available through the Services (including third-party materials), regardless of the type of claim, even if we knew or were informed of the possibility of such damages; and (b) Amerigo’s total liability, under any legal theory, relating to these Terms or your use of the Services, will not exceed the amount you paid, if any, for access to or use of the Services.
Release
To the fullest extent allowed by law, you release the Amerigo Parties from any liability, claims, demands, or damages (both actual and consequential), known or unknown, arising from disputes between users or the actions of third parties, including negligence. You waive rights under California Civil Code § 1542 and similar laws that limit releases to known claims at the time of agreement.
Indemnification
You agree to defend, indemnify, and hold Amerigo harmless from any claims, costs, damages, or liabilities (including legal fees) related to your use of the Services or your violation of these Terms.
Transfer and Processing of Data
By using the Services, you consent to the processing, transfer, and storage of your information in the United States and other countries, where local protections may differ.
Changes to the Services
Amerigo reserves the right to modify, improve, or discontinue the Services or any content within them at any time without notice. Amerigo is not responsible for any loss or harm caused by changes to or discontinuation of the Services.
Dispute Resolution and Binding Arbitration
Most disputes will be resolved through binding arbitration, not court. Arbitration will occur individually, in Chester County, Pennsylvania, following JAMS rules, and will not include class actions or representative proceedings. Claims must be filed within one year of arising. You may opt out of arbitration within 30 days by emailing Amerigo. Court appeals and enforcement of arbitration awards will be handled in Pennsylvania courts.
Governing Law
These Terms are governed by the laws of the State of Pennsylvania. Legal actions related to these Terms must be filed in Chester County, Pennsylvania courts, to which you consent.
General
Amerigo may enforce these Terms at its discretion. Failure to enforce does not waive Amerigo's rights. If any part of these Terms is unenforceable, it will be replaced with a valid provision that reflects its intent, and the rest of the Terms will remain in effect. Amerigo may terminate your access to the Services at any time without notice.
Contact Us
If you have any questions about these Terms or the Amerigo products and services, please contact us at charlesj@amerigo-now.com.