Mochileando offers innovative tools for travelers who want to explore the World. Here are the rules that describe how our services work and that govern your use of the services we provide. Mochileando, LLC and its employees, agents, and affiliates (collectively, “Mochileando”, “Company,” “we”, “us”, or “our”) offers a number of services, including any and all of our products, online and/or mobile applications, as the website at mochileando.com (the “Website”) and premium email and webpage subscription services that include original emails from us, and access to Premium area on the website (collectively, the “Premium Services”).
Accepting the Terms
Mochileando reserves the right to change or replace the Terms at any time, at its sole discretion. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Using the Services
You agree to use the Services only for purposes that are permitted both by the Terms and by all applicable laws, regulations, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions. You agree that you are solely responsible for any breach of your obligations under these laws, regulations, practices, and guidelines and for breaches of your obligations under the Terms, and for any consequences of any such breaches.
The materials and information that are provided via the Services are provided for only personal, non-commercial use. If you wish to make commercial use of any of the materials accessed through the Services, or wish to make materials public in any way, you must obtain prior express written consent from Mochileando. Without limiting the generality of the foregoing, the following are types of uses that Mochileando expressly defines as falling outside of “non-commercial use”: the sale or rental of (1) any part of the Services, including the Website and Emails; (2) any derivative works based at least in part on the Services, including the Website and Emails; and (3) any collective work that includes any part of the Services, including the Website and Emails;
Your account belongs to you and to you only. You may not authorize others to view or otherwise access the Services under your account. You agree to choose a strong and secure password and to keep your password secure and confidential.
You are responsible for anything that happens through your account unless you close it or report misuse. You are solely responsible for any content you post or submit to Mochileando for posting through the Services, as well as the consequences of posting or publishing that content. By uploading, submitting, creating, or publishing your user content to or through the Services, you affirm, represent, and warrant that you are the creator and owner or have the necessary licenses, rights, consents, and permissions to use and to authorize Mochileando and the users of Mochileando Services to use and distribute your content in the manner contemplated by Mochileando and these Terms. You also affirm, represent, and warrant that your user content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Violators of these third-party rights may be subject to criminal and civil liability. You understand that Mochileando does not guarantee any confidentiality with respect to any content that you submit.
By submitting or distributing postings through the Website, you hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access your postings. You also agree not to delete any copyright or other proprietary rights notices on the Website or its content.
You also agree not to defame, harass, abuse, threaten, or defraud users of the Services, or collect, or attempt to collect, personal information about users without their consent. You may not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures).
Our team does the best we can to find cheap flights and treat all of our customers and subscribers fairly. We expect you to treat us fairly in return. We reserve the right to immediately cancel your account, refuse future service to you, and keep any subscription fees that you have paid us without any refunds if you are hostile toward or if you threaten or bully any employees or partners of Mochileando, including our customer support team members.
You shall not access or use, or attempt to access or use, any of the Mochileando Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.
You understand that in order for Mochileando to provide the Services, Mochileando may transmit your content over various public networks and in various media and may make changes to your content to meet the technological requirements of such networks and media.
Sometimes the Website, Emails, or other content provided through the Services will reference third-party materials or content. You are solely responsible for your use of any third-party websites or resources. Although material provided through Mochileando Services may contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.
The Services are provided for informational purposes only and do not constitute advice of any kind on which you should rely, or a recommendation to buy or sell any goods or services.
You affirm that you are more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and are able to comply with the Terms. You must be at least 13 years old to be allowed to register for or submit content to the Services. If you are not at least 13 years old, you shall not attempt to register for the Services or submit content to Mochileando.
If you purchase any of our Premium Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Mochileando is under no obligation to issue a refund at any time, but please contact us if you want to discuss your issue.
Mochileando has no obligation to notify you when your account is charged or is scheduled to be charged. You may cancel your subscription by contacting us at firstname.lastname@example.org or cancel it directly in your account by logging into your account here: https://www.mochileando.com/login. Our subscription charges are automatic billed, and renewed according to the schedule you signed up for (annually), and are not refundable once they have been charged. We do not issue pro-rated refunds on any unused portion of your subscription.
You agree to contact us if there are any billing issues (e.g. duplicate charges), before disputing any charges as illegitimate. We will treat you fairly and fix any mistakes as long as you contact us before disputing the charge.
Prices of membership and products are correct at the time of buying the subscription; however, Mochileando LCC reserves the right to change prices without prior notice. Membership prices could increase at any moment. Mochileando LLC promises to honour the price paid at the time the subscription was made for the current cycle paid. Prices do not include import taxes, tariffs and duties.
Ownership and Proprietary Rights
Using the Services does not give you ownership of any intellectual property rights in the Services or to the content you access, including but not limited to the content of the Emails or the Website.
The visual interfaces, graphics, designs, compilations, information, computer code (including source code and object code), products, software, services, and all other elements of the Services provided by Mochileando are protected by United States copyright, trade dress, and trademark laws, international agreements, and other intellectual property and proprietary rights. Except for content that is provided by users or otherwise noted, all materials made available through the Services are the property of Mochileando or third-party licensors. Unless expressly authorized by Mochileando, you agree not to sell, license, transmit, or otherwise make unauthorized use of the materials made available through the Services. Mochileando reserves all rights to content made available through the Services that is not expressly granted in the Terms.
Mochileando respects the intellectual property rights of others. In fairness to other creators and copyright holders, our policy is to respond to notices of alleged infringement according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). In appropriate circumstances and pursuant to the DMCA, we will terminate or refuse access to users of our system who are repeat infringers.
If you are the owner of content that is being improperly used via our Services without your permission, you may request that the content be removed under the DMCA. To make such a request, please notify Mochileando’s customer service agent at the following address:
PO Box 363015,San Juan,00936 Puerto Rico, United States
A proper DMCA notification should contain the following items:
a physical electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the work claimed to have been infringed, or a representative list;
identification of the material that is claimed to be infringing that is reasonably sufficient to permit Mochileando to locate the material;
information reasonably sufficient to allow Mochileando to contact you, including a name, address, telephone number, and email address;
a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the rights owner, agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the rights owner.
It is a violation of federal law to knowingly materially misrepresent that material is infringing.
By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
We are committed to protecting the privacy of children. Mochileando does not collect personally identifiable information from any person that it knows is under the age of 13. The Services are not intended or designed to attract children under the age of 13.
Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Liability for Our Services
We provide our Services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds. We make no warranty that our Services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. You understand that when you use the Services, you may be exposed to information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Mochileando with respect to your exposure to such content. You acknowledge and agree that Mochileando may suspend or discontinue, without prior notice to you and at Mochileando’ sole discretion, some or all of its services, making the services unavailable to you or other users. Mochileando may also remove any content or disable access to any users at any time and for any reason at the sole discretion of Mochileando.
You also agree that material downloaded or otherwise obtained through your use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by our Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. Mochileando makes no representation that its Services are appropriate for use in locations outside Puerto Rico. Those who access or use the Services from other jurisdictions do so on their own volition and are responsible for compliance with local law.
You further agree to indemnify, defend, and hold harmless Mochileando, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees and expenses, related to your use of the Services, violation of the Terms, violation of any third-party right (including without limitation any copyright, property, or privacy right), or any claim that your content caused damage to a third party.
Mochileando reserves all rights and remedies against any user who violates these Terms.
By using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Mochileando arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of these Terms to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in the SAN JUAN, PUERTO RICO; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have entered into in connection with Mochileando; (5) the arbitrator shall apply Puerto Rico law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or Mochileando. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Mochileando shall be entitled to arbitrate their dispute. If you are an individual using the Services for non-commercial purposes: (8) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (9) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (10) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
The failure of Mochileando to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver is valid and effective only if it is in writing and signed by an authorized representative of Mochileando.
If any provision in the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of other provisions.
The heading references herein are for convenience only. The headings do not constitute a part of the Terms and will not be deemed to limit or affect any of the provisions hereof.
You agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action accrues. Otherwise such cause of action is permanently barred.
The Terms, and your relationship with Mochileando under the Terms, shall be governed by the laws of the Commonwealth of Puerto Rico. You agree that any action at law or in equity arising out of or relating to the Terms that is not subject to the arbitration provision herein will be filed only in the state or federal courts in San Juan, Puerto Rico, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Mochileando operates the Website in Puerto Rico, United States. Information contained provided via the Services may not be appropriate or available for use in other locations and accessing the Services from territories where the content of the Services may be illegal is prohibited. If you access the Services from other locations, you do so on your own initiative, and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the Commonwealth of Puerto Rico, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws) and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in San Juan, Puerto Rico any cause of action relating to or arising under these Terms or the Services that does not otherwise fall within the Arbitration provision above.
No refunds are possible. We do not offer prorated refunds.
This agreement was last modified on February 7th, 2019.