THIS AGREEMENT DESCRIBES THE TERMS AND PROVISIONS APPLICABLE TO YOUR USE OF OUR SERVICES AVAILABLE UNDER THE DOMAIN AND SUBDOMAINS OF VOKABA.COM, ANY OTHER VOKABA WEBSITE, AND ANY AFFILIATED WEBSITES (COLLECTIVELY “VOKABA.COM” OR THE “WEBSITE”) AND APPLY GENERALLY TO OUR AFFILIATES, SUBSIDIARIES, AND JOINT VENTURERS. VOKABA PROVIDES THE VOKABA.COM WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY AS IT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES.
This Website is provided solely to assist customers with obtaining Gift Certificates (defined below) that can be used to purchase third party goods and services. This Website is offered to You conditioned upon Your acceptance without modification of all the terms, conditions, and notices set forth in this Agreement.
“You” (or “Your”) refers to any individual visiting the Website, purchasing a Gift Certificate through this Website, or holding, utilizing, and/or redeeming a Gift Certificate purchased through this Website
“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, trademarks, trade names, service marks, trade dress, logos, icons, and other materials that are available on the Website, including Products and Services.
“Products and Services” means the goods and services that are available for purchase from Merchants using Gift Certificates purchased through the Website.
“Merchant” means a merchant which accepts a Gift Certificate purchased through this Website as payment for Products and Services.
“Gift Certificates” means the prepaid monetary value certificates issued in either paper, card, or electronic form purchased through this Website which can be redeemed and used as credit or payment for a Merchant’s Products and Services.
PREPAID GIFT CERTIFICATES
You acknowledge that Vokaba sells Gift Certificates that can be used to purchase Products and Services from Merchants. All Gift Certificate purchases must be paid for in advance. You agree that Your credit card or other payment options will be charged by us for the total amounts due. Upon submitting Your purchase, You authorize Vokaba to facilitate the Gift Certificate purchase on Your behalf, including making payment arrangements with the Merchants associated with Your Gift Certificate purchase. You acknowledge that other charges may be incurred in connection with Your use of any Merchant’s Products and Services that are not payable to us and are not included in the Gift Certificate price, such as gratuities, sales or other applicable taxes, and other charges for Products and Services beyond what is expressly provided for in any Gift Certificates You purchased, and that You are solely responsible for payment of any such charges. Taxes on Products and Services You pay for using a Gift Certificate are charged to You by the Merchant at the time You redeem the Gift Certificate and are not prepaid at the time You purchase the Gift Certificate through the Website. You agree to abide by all terms and conditions imposed by Vokaba and/or the Merchants with respect to the Gift Certificate(s) You purchase through the Website.
Each Gift Certificate includes an additional non-refundable processing fee per gift certificate, displayed at time of purchase, which shall be paid along with the chosen face value amount of the selected Gift Certificate. Gift Certificates have an expiration date and may only be used before the expiration date. Unless otherwise indicated, the Gift Certificate purchaser will receive a refund of any unused portions of the Gift Certificate following the Gift Certificate expiration date. Any unused amounts or portion thereof of the face value of the Gift Certificate will be credited back to the credit card used to purchase the Gift Certificate within 30 days after the expiration date of the Gift Certificate. Gift Certificates are only valid during the dates printed on the face of the Gift Certificate. Unless indicated otherwise, Gift Certificates can be used individually or combined.
Gift Certificates can only be used at designated Merchant locations (not all locations of a Merchant may accept Gift Certificates through this Website). Additional terms and conditions provided for by Merchant and Vokaba may apply to the Gift Certificates, including as provided on the Gift Certificate. Please also contact Merchant in advance to be aware of any terms and conditions of the Merchant that may limit Your use of Gift Certificates obtained through this Website. You agree to abide by any terms and conditions of the Merchant, including, but not limited to, compliance with Merchant’s rules and restrictions regarding the use of a Gift Certificate with Merchant, including the cost, availability, and/or use of Merchant’s Products and Services
Gift Certificate holder must inform the Merchant of the Gift Certificate usage at the time of ordering the Products or Services. Gift Certificates cannot be combined with other promotions, specials, coupons or discounts of any kind without Merchant’s consent. You are entirely responsible for payment for all charges for Products and Services above the face value of the Gift Certificate or for any charges incurred which are not allowed or excluded by the Gift Certificate limitations. Gift Certificates cannot be redeemed for cash and no change will be given to You by the Merchant upon Gift Certificate redemption for any unused amounts. Gift Certificates can be redeemed only through Vokaba accredited Merchants. If a Gift Certificate is lost or stolen, then we will replace the Gift Certificate so long as it has not expired or has not been used.
You acknowledge, understand, and agree that Vokaba is not responsible for the quality of any goods or any level of service by a Merchant or failure of a Merchant to accept a Gift Certificate or mistake in the processing and handling of a Gift Certificate by a Merchant. In the event You encounter a Merchant who provides inadequate goods or services, who fails to accept an issued Gift Certificate or who You believe has made a mistake in the processing and handling of Your Gift Certificate, please inform Vokaba so that we can address and improve the quality of goods or level of service with the Merchant, find alternative substitute Merchants, or take other corrective measures to ensure accurate processing and handling in the future. Once a Gift Certificate has been used for payment, in the event of a dispute with the Merchant, we do not guarantee a refund will be provided. Any disputes with a Gift Certificate Merchant must be handled directly with the Merchant. While Vokaba is willing to assist in helping to resolve such disputes, Vokaba will not be responsible for maintaining such dispute on Your behalf and cannot guarantee any outcome or resolution.
CANCELLATION OF GIFT CERTIFICATES
All Gift Certificates will reflect an activation or validation date (“Activation Date”) – the date on which the Gift Certificate is activated and first available for use. You may cancel a purchased Gift Certificate at any time prior to the Activation Date shown on a Gift Certificate and receive a full refund of the cost of the Gift Certificate (including the non-refundable processing fee). Following the Activation Date, You may not cancel any purchased Gift Certificate and any unused portion of the Gift Certificate will be refunded as provided for in this Agreement.
If You elect to set up a customer profile via the Website and Your customer profile shows signs of fraud, abuse or suspicious activity, Vokaba may cancel any Gift Certificates associated with Your profile, and suspend or terminate Your profile. If You have conducted any fraudulent activity, Vokaba reserves the right to take any necessary legal action and You may be liable for monetary losses to Vokaba, including litigation costs and damages. To contest the cancellation of a Gift Certificate or freezing or closure of a customer profile, please contact Vokaba Customer Service.
WEBSITE ACCESS AND USE
Vokaba grants You a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Website only as expressly permitted in these Terms. Except for this limited license, we do not grant You any other rights or license with respect to this Website; any rights or license not expressly granted herein are reserved.
You may access and view certain portions of the Website without registration, but in order to take advantage of some aspects of the Website, including purchasing Gift Certificates for Products and Services, You may be required to register for an customer profile. Except for customer profile which are created on behalf of a Company, Your customer profile is for Your sole, personal use, You may not authorize others to use Your customer profile, and You may not assign or otherwise transfer Your customer profile to any other person or entity. You are responsible for the security of Your password and will be solely liable for any use or unauthorized use that occurs on Your customer profile. You acknowledge that Vokaba is not responsible for third party access to Your customer profile that results from theft or misappropriation of Your customer profile information and password. You must notify Vokaba immediately of any breach of security or unauthorized use of Your customer profile. Although Vokaba will not be liable for Your losses caused by any unauthorized use of Your customer profile, You will be financially accountable for all use of the Website by You and anyone using Your customer profile.
You agree to provide true, accurate, current and complete information when You create a customer profile. If You provide any information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Website.
Additionally, You agree not to:
(i) use this Website or its Contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent purchases;
(iii) access, monitor or copy any Content or information of this Website 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 Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Vokaba or any Merchant related to this Website; or
(vii) decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where the Content on the Website is illegal or is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.
INTELLECTUAL PROPERTY INFORMATION
All Content on this Website, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, as well as the infrastructure used to provide such Content and information is proprietary to us or the Merchants and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us, our affiliates, or by third-party content Merchants, merchants, sponsors, and licensors that have licensed their content or the right to market their products and/or services to You using this Website. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content that is presented on this Website.
All Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. While You may make limited copies of Your Gift Certificates purchased through this Website, You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, information, software, products, or services obtained from or through this Website without the prior written consent of Vokaba or the Merchants.
You may not use any registered or unregistered trademarks, service marks, or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, mirror, deep link, or otherwise incorporate into another website any of the Content or other materials on this Website without our express prior written consent.
Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.
VOKABA AND/OR ITS RESPECTIVE MERCHANTS MAY MAKE CHANGES TO THIS WEBSITE AT ANY TIME. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.
ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE MERCHANTS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.
The Content on this Website may include inaccuracies or errors, including pricing errors. In particular, Vokaba does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the any products and services displayed on this Website. In addition, Vokaba expressly reserves the right to correct any pricing errors on our Website or Gift Certificates issued for an incorrect amount. In such event, if available, we will offer You the opportunity to keep Your purchased Gift Certificates at the correct price and/or for the correct amount or we will cancel Your Gift Certificate without penalty.
YOU USE THIS WEBSITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
LIMITATION OF LIABILITY
THE MERCHANTS PROVIDING PRODUCTS AND SERVICES ON AND/OR THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF VOKABA. VOKABA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH MERCHANTS OR THEIR PRODUCTS AND SERVICES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. VOKABA HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERSELLING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. VOKABA IS NOT RESPONSBILE FOR THE QUALITY OF ANY MERCHANT’S PRODUCTS AND SERVICES AND FOR THE FULLFILLMENT OF ANY TERMS OF YOUR GIFT CERTIFICATE PURCHASE WITH ANY MERCHANT, INCLUDING DELIVERY OF PRODUCTS AND SERVICES AND WARRANTY OBLIGATIONS RELATING TO ANY PURCHASED PRODUCTS AND SERVICES.
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING MERCHANTS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OF, ATTEMPTED USE OF, OR INABILITY TO ACCESS THE WEBSITE OR ANY OTHER LINKED SITE.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
If, despite the limitation above, Vokaba or any Merchants 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 Vokaba and/or its Merchants will in no event exceed, in the aggregate, the greater of (a) the fees You paid to Vokaba in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. Some states do not allow for the limitation of liability, so the foregoing limitation may not apply to You.
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 of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Vokaba and/or its Merchants, and to all respective officers, directors, employees, representatives, attorneys, and agents.
We will use our reasonable commercial efforts to keep our Website, e-mail servers, and contact call centers available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise or guarantee that access to the Website, e-mail, or our call center will be uninterrupted, continuous, successful, or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
If You encounter any problems with or complaints about the Website or any of the Products and Services, please notify us as soon as possible so that we can promptly address them.
We make reasonable attempts to exclude viruses from the Website, but cannot ensure that the Website will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Website. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Website or downloading anything from the Website.
LINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to websites maintained and operated by parties other than Vokaba. Such hyperlinks are provided for Your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked websites. We encourage You to be aware when You leave our Website and to read the terms and conditions and privacy statements of each and every website that You visit.
Furthermore, the links may lead to websites that contain offensive or objectionable content or contain computer viruses. It is up to You to take precautions to ensure that whatever links You select or software You download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. You assume, and we hereby disclaim, all responsibility of any of the content on third party sites or for any damage sustained by users of these websites. Vokaba is providing any links to You only as a convenience, and the inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
You agree to defend, indemnify and hold harmless Vokaba, its affiliated companies and Merchants, officers, directors, employees and agents, from and against any and all claims, causes of action, demands, recoveries, obligations, losses, liabilities, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) brought by third parties which arise from or relate to:
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all software, including, without limitation, all HTML code and Active X controls contained on this Website (“Software”), is owned by Vokaba and/or our Merchants, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CLAIMS OF COPYRIGHT INFRINGEMENT
Vokaba respects the copyrights of others. If You believe in good faith that any third party content appearing on the Website infringe Your copyright, You (or Your agent) may send us a written notice that includes the following information. Please note that we will not process Your complaint if it isn’t properly filled out or if the complaint is incomplete:
1. A clear identification of the copyrighted work You claim was infringed.
2. A clear identification of the material You claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to Your complaint, preferably including an email address and telephone number.
4. A statement that You have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to copyright@Vokaba.comfor the fastest resolution.
You may also send us Your notice using the contact information below:
Attn: Legal Dept., DMCA Complaints
4330 S Valley View Blvd, STE 134
Las Vegas, NV 89103
OR You may fax it to: (702) 252-5201, Attn: Legal Dept., DMCA Complaints
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that You seek legal counsel before filing a notice. Any misrepresentations in Your notice regarding whether content or activity is infringing may expose You to liability for damages (including costs and attorneys’ fees).
For any additional questions regarding the DMCA (Digital Millennium Copyright Act - “DMCA”) process for Vokaba, please contact us at copyright@Vokaba.com.
COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All Contents of this Website are © 2016 Vokaba. All Content, text, images, materials, and HTML code on this Website, and the compilation of all Content on this Website, are the property of Vokaba and protected by U.S. and International copyright laws and treaties, and all rights are reserved.
While You may make limited copies of Gift Certificates for Products or Services purchased through this Website, no other material available on this Website may be copied, photocopied, reproduced, distributed, transmitted, displayed, published, broadcast, translated, downloaded, or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of Vokaba. Any other reproduction in any form without the permission of Vokaba is prohibited. Distribution for commercial purposes is prohibited. Vokaba is not responsible for content on websites operated by parties other than Vokaba.
VOKABA, the VOKABA logo, PER DIEM & PAYMENT CONTROLS, and SERIOUSLY COOL GIFT CERTIFICATES are service marks of Vokaba. Other logos and product and company names mentioned on this Website may be the trademarks of their respective owners.
Vokaba’s gift certificate technologies, payment processing technologies and services control technologies processes and systems are covered by one or more U.S. or foreign patents pending.
If You are aware of an infringement of our copyright, trademark, or patent rights, please let us know by e-mailing us at copyright@Vokaba.com.
ASSIGNMENT / MODIFICATION
To the extent that we may need to contact You, You agree that we may do so via any electronic means, included but not limited to, communications posted on the Website, electronic mail, or instant messaging.
You agree that any dispute arising from or relating to the subject matter of this Agreement (including all disputes arising out of or relating to Your use of the Website) shall be finally settled by arbitration in Clark County, Nevada, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
Notwithstanding the foregoing, Vokaba shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief to protect its intellectual property or confidential or proprietary information.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are hereby reserved by Vokaba.
© 2016 Vokaba (a d/b/a of Order Inn, Inc.). All rights reserved.
The VOKABA® name and logo are service marks of VOKABA. All materials contained on this website (including text, images, content, materials, software, and HTML code and the compilation of all content on this website) are the property of VOKABA, are protected by United States and International copyright laws and treaties, and may not be copied, photocopied, reproduced, distributed, transmitted, displayed, published, broadcast, translated, downloaded, or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written permission of VOKABA. Any other reproduction in any form without the permission of VOKABA is prohibited. Distribution for commercial purposes is prohibited. Other logos and product and company names mentioned on this website may be the trademarks of their respective owners. VOKABA’s voucher and gift certificate issuance and redemption technologies are covered by one or more U.S. or foreign patents pending.
© 2016 VOKABA. All rights reserved.
VOKABA is a d/b/a of Order Inn, Inc.
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