Sections
Terms of Use
These Online Terms of Use ("Agreement") set out the terms on which Prominence Tech LLC ("Prominence", "we", "our", or "us") will provide you (also referred to as "your") limited access to and use of certain services available on or through our website (https://nomadly.travel/), or the other domains, websites, products, mobile applications, or services provided by us (collectively, "Services"). You and Prominence are referred to herein individually as a "Party" and jointly as the "Parties". By accessing or using the Services, you are entering into a legally binding agreement with us. You hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into this binding agreement. YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 8.6 OF THIS AGREEMENT, REQUIRING ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 8.6 FOR MORE INFORMATION. We may revise and update the terms and conditions herein, at any time, without notice to you. We will post the updated Agreement to the Services. ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Your continued use of the Services after the updated Agreement is posted to the Services constitutes your acceptance to be bound by the changes.
GeneralThe Services are a search engine that provides users with comparisons for different hotel rooms and travel products or services (“Travel Products”), and the ability to purchase/book such Travel Products subject to the terms and conditions herein. Prominence does not provide, own, or control any of the Travel Products that you access through the Services. The Travel Products are owned, controlled, or made available by third parties (“Travel Providers”). The Travel Providers are responsible for the Travel Products and for all booking contracts. The Travel Provider’s terms and privacy policies apply to your booking, so you must agree to, and understand those terms. Your interaction with any Travel Provider accessed through the Services is at your own risk. Within the Services, you may see certain paid-for commercial listings from our Travel Providers. Such travel listings are clearly labeled for your information as “Ad” or similar equivalent labeling.
Limited RightOn the condition that you comply with all obligations under this Agreement, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-assignable right to view and use the Services to find information about and book certain Travel Products for your personal, non-commercial benefit. If a booking shows signs of fraud or abuse, we may request you provide additional information to us. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, or other intellectual property of Prominence or any third party, except as expressly provided in this Agreement. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within the Services. All rights not otherwise expressly granted by this Agreement are reserved to Prominence.
Travel ProductsThe Travel Products are subject to availability and confirmation. Upon your purchase of Travel Products, we, or the Travel Provider, will send you an electronic confirmation and any relevant travel documents to your email address on file (“Booking Confirmation”). Your Booking Confirmation shall include the essential elements of your booking, such as the description of the Travel Products booked and the price. If you do not receive your Booking Confirmation within forty-eight (48) hours of making your booking, please contact us through the Services. You acknowledge that any mistakes, inaccuracies, or issues during the booking process are your sole responsibility. We do not guarantee reimbursement or compensation for such matters. Any refunds related to no-shows are subject to the applicable Rules and Restrictions (defined below) and are solely between you and the Travel Provider.
Rules and RestrictionsIn addition to this Agreement and the Booking Confirmation, other terms and conditions provided by Travel Providers (e.g., a hotel’s terms and conditions) also apply to your booking (“Rules and Restrictions”). To make a booking, you must accept the Rules and Restrictions of the Travel Provider that you select (such as payment terms, refundability, availability restrictions, etc.). The relevant Rules and Restrictions are provided to you before you make a booking and are incorporated by reference into this Agreement. If you violate the Rules and Restrictions, your booking may be cancelled, and you may be denied access to the relevant Travel Products. You may also lose any money pre-paid for such booking and Prominence and/or the Travel Provider may debit your account for any costs we or they incur as a result of such violation.
RegistrationAlthough you may purchase Travel Products without an account, to improve the efficiency of your use of the Services you may also create an account with us. To create an account, you must be at least eighteen (18) years of age, create a username and password, and provide us with certain personal information as we may reasonably request (e.g., first name, last name, email address, etc.). We may request additional information from you from time to time. You represent and warrant to us that you will provide us with accurate, current, and complete registration information. You are responsible for keeping your registration information up to date. You will keep your login credentials confidential and are strictly responsible for all use of the Services using your login credentials.
RestrictionsYou will not (a) delete, modify, or attempt to change or alter any of the Services or notices on the Services, (b) use the Services in a fraudulent or unlawful manner, (c) reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, or ideas upon which the Services or Prominence are based, (d) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Services for any reason, (e) use the Services or Prominence in any manner that misappropriates any trade secrets or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any Party, (f) transmit or upload any software viruses, malware, spyware, or any other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, (g) use the Services or Prominence in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, or competitive with, the Services, (h) use the Services in a manner that could disrupt or interfere with the proper functioning of the Services, (i) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Services for any reason, or (j) access or attempt to access any other user’s account.
ModificationWe may discontinue or alter any aspect of the Services, restrict the time the Services are available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to the Services without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.
PriceThe price of the Travel Products will be displayed on the Services, except in cases of obvious error. Prices for the Travel Products may change at any time. Price changes will not affect booking already accepted by Prominence or the Travel Provider, except in cases of obvious error. We do not represent or warrant as to the accuracy of the displayed price. We reserve the right to correct any pricing errors on the Services. If there is an obvious error and you have made a booking, we will use commercially reasonable efforts to provide you an opportunity to keep your booking by paying the correct price or we will cancel your booking without penalty. Unless we separately agree with you to receive payments by another means, you will provide us (or our designated third-party payment processor) with accurate and valid credit card or other payment information and will update your payment information in the event any information provided becomes invalid or incomplete.
PaymentYou authorize us (or our designated third-party payment processor) the right to charge your credit card on file for the full amount of the Travel Products. All payments must be made in United States Dollars. We do not accept any other currencies. If you are using other currency, you are solely responsible for any exchange rates, currency fluctuations, and/or possible additional fees. All payments made to Prominence or our designated third-party payment processor are non-cancellable and non-refundable. If you have any issues during the payment process or you have some doubts of how much you will be charged, please stop your booking immediately and contact us at https://support.nomadly.travel. We reserve the right to refuse service, cancel reservations, or take other appropriate actions as necessary. Some Travel Providers require a payment card or cash deposit at check-in to cover extra expenses incurred during your stay. Such deposit is not related to any payment by you to Prominence.
TaxesIn certain jurisdictions local hotel occupancy taxes, city taxes, or tourist taxes are imposed on the amounts owed for a booking. The actual amount imposed may vary depending on the rates in effect at the time you make the applicable booking. We will use commercially reasonable efforts to notify you of any owed taxes payable by you before you complete your booking. You shall be solely responsible for all sales, use, excise, service, value added, tourist taxes, city taxes, or other taxes, duties and charges of any kind (whether foreign, federal, state, local, or other). You agree to gross-up any payments due to us for any tax related withholding or deduction required by applicable laws, such that you pay us the net amount owed. You will indemnify, defend, and hold us and our affiliates harmless from any such taxes, fines, or interest for which you are responsible under this Agreement.
Pay Now or Pay Later DetailsCertain Travel Providers may provide you the option to pay online now or pay later. If you select the “pay now” option, we will charge the amount to your credit card in United States dollars immediately. If you select the “pay later” option, the Travel Provider will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two (2) payment options.
Cancellations; Changes.We (or the relevant Travel Provider) may cancel your booking if full payment for the booking, or any applicable change charge or fee relating to a booking is not received when due. For a variety of reasons, it is possible that a booking may be cancelled or changed by a Travel Provider or us. If such cancellation or change occurs, we will make reasonable efforts to notify you as soon as possible, and offer alternative options where possible. If you fail to accept an alternative option within twenty-four (24) hours of us notifying you of such option, we may cancel the booking in our sole discretion.
ProminenceYou acknowledge and agree that as between you and us, all right, title, and interest in and to the Services (including the data, information, text, images, designs, sound, music, videos, marks, logos, compilations (meaning the collection, arrangement, and assembly of information) and other content on or made available through the Services), any related documentation, the Prominence Technology and all improvements and derivatives of the foregoing (including all trade secrets and other intellectual property and proprietary rights embodied therein or associated therewith) are and shall remain owned by us or our licensors or other providers, and this Agreement in no way conveys any right, title, or interest to you in the Services or the Prominence other than a limited right to use the Services in accordance with the terms and conditions herein. You shall not remove any proprietary notices or legends in the Prominence, any output thereof, or related documentation. As used herein,“Prominence” means all of Prominence’s proprietary technology (including the software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available by us to you through the provision of the Services.
CopyrightThe Services and Prominence are copyrighted as a collective work under United States copyright laws and are protected by other laws. Trademarks, logos, and service marks displayed on the Services are registered and/or unregistered trademarks of Prominence, its licensors or content providers, or other third parties. You acknowledge that Prominence is the exclusive owner of the Services and Prominence. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.
FeedbackAny comments, feedback, suggestions, ideas, or other submissions related to the Services (collectively, “Feedback”) that you provide to us, you grant Prominence an irrevocable, worldwide, fully paid-up, assignable right and license to the Feedback. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, to use or respond to any Feedback.
Suspension; Termination.We reserve the right to suspend your access to the Services at any time if we reasonably believe (a) you are in breach of this Agreement or (b) your access or use of the Services violates any law or regulation or is disrupting other users’ access to or use of the Services. We may stop offering the Services at any time without notice to you.
Disclaimer of Warranties.TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMINENCE MAKES NO PROMISES ABOUT THE SERVICES, PROMINENCE, TRAVEL PRODUCTS, OR ANY OTHER CONTENT OR INFORMATION DISPLAYED ON THE SERVICES, AND THE FOREGOING ARE PROVIDED “AS IS”, WITH ALL FAULTS. PROMINENCE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE SERVICES OR PROMINENCE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND (iii) AS TO THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PRICES OR AVAILABILITY OF THE TRAVEL PRODUCTS. WE MAY PAUSE OR INTERRUPT THE SERVICES AT ANY TIME, AND YOU SHOULD EXPECT PERIODIC DOWNTIME FOR UPDATES TO THE SERVICES. ANY THIRD-PARTY MATERIALS, INCLUDING ANY CONTENT CONTAINED ON A THIRD-PARTY WEBSITE, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS AND USE OF A THIRD-PARTY MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indirect Disclaimer; Damages Cap.TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMINENCE, AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES, AND SUCCESSORS-IN-INTEREST (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, PROMINENCE, OR TRAVEL PRODUCTS IN ANY AMOUNT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR PROMINENCE WILL BE TO STOP USING THE SERVICES.
For California ResidentsIF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RELEASED PARTIES.
Terms Applicable to New Jersey ConsumersNo provision in this Agreement shall apply to any consumer in New Jersey if the provision limits remedies for (a) negligence, (b) products liability claims, (c) the punitive damages laws, (d) the New Jersey Uniform Commercial Code, or (e) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of this Agreement concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. We reserve all rights, defense, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
Passport and VisaYou must consult the relevant embassy or consulate for passport and visa information. Requirements may change so check for up-to-date information before making a booking on the Services. Neither Prominence or our affiliates will be liable if you are refused entry into any country due to your conduct, including your failure to carry the correct and adequate travel documents required by any Travel Provider, authority, or country.
International TravelAlthough most travel occurs without incident, travel to certain destinations may involve more risk than others. We are not responsible in any manner for any damages or liability you incur during your travels. You should review any travel warnings/advice issued by relevant government agencies prior to booking Travel Products.
International UsersThe Services can be accessed from countries around the world and may contain references to services or products not available in your country. We make no representations that the Services are appropriate or available for use in locations outside of the United States of America. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
Links; Third-Party MaterialsThe Services may include links to other websites or resources on the Internet or utilize the Services or content of other third parties (collectively,“Third-Party Materials”). Because we have no control over Third-Party Materials or the administration of Third-Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third-Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third-Party Materials available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third-party websites and Third-Party Materials.
NoticesWe will send any notices required under this Agreement to your email address on file. If necessary, please only send us notices through the Services.
Governing Law; VenueThis Agreement is governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law principles.
ArbitrationExcept for any injunctive relief sought for breach by you of Section 3, in which case a claim may (but is not obligated to be) be brought before any court in the New York, New York having jurisdiction over the matter, any controversy, claim, or dispute (as applicable, a “Dispute”) arising under or related to this Agreement shall be finally resolved by arbitration in accordance with the then-effective rules of the American Arbitration Association (“AAA”) and limited discovery shall be permitted. Within fifteen (15) business days following notification by a party of its intention to arbitrate a Dispute (the “Notice Date”), the Parties shall agree upon a single arbitrator; provided, however, that if the Parties are unable to so agree within twenty (20) days after delivery of the Notice Date, then any Party may in writing request a judge sitting in a federal court in New York, New York to appoint the arbitrator. Each arbitration hearing shall be held at a location within New York, New York that is acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the AAA to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the Parties. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the Parties. Each Party shall be responsible for their own attorney’s fees and expenses that arise from or relate to any dispute and/or arbitration under this Agreement.
Waiver of RightsYou hereby agree that you understand the consequences of agreeing to binding arbitration under this Agreement, including giving up any constitutional rights to have a Dispute determined by a court of law or by a jury and any right that you may have under Article 13 of the California State Bar Act to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available.
AssignmentYou will not assign or transfer any rights or obligations under this Agreement without our prior written consent. A change in control constitutes an assignment under this Agreement.
No WaiverAny waiver is only valid to the extent expressly set forth in writing.
No Third-Party BeneficiariesThe Parties acknowledge and agree that this Agreement, including all terms incorporated by reference, are for the benefit of Prominence and you, and are not intended to confer any rights or benefits on any third party. There are no third-party beneficiaries to this Agreement.
Compliance with LawsYou will comply with all laws and regulations applicable to your activities under or in connection with this Agreement, including without limitation United States export control laws, regulations, and executive orders.
Relationship of the PartiesThe relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise or employment relationship between the Parties.
SurvivalThe provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, disclaimers, liability, indemnification, governing law, jurisdiction, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
Entire AgreementExcept as otherwise expressly provided in writing, this Agreement sets forth the entire agreement between you and us regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.