PermaGO Passport Application

Terms and Conditions

Last Updated: August 31, 2015

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY, AS THEY CONTAIN SIGNIFICANTLY IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE MAY INCLUDE A VARIETY OF LIMITATIONS AND EXCLUSIONS, AND CLAUSES THAT GOVERN THE JURISDICTION AND VENUE IN WHICH TO LITIGATE POTENTIAL DISPUTES.

Permago LLC (hereafter referred to as 'PermaGO,' 'we', 'us', or 'our') is an online platform that allows our Passport Members (defined below) to reserve virtual assistance services ('Cloud Assistance') (defined below), and access to our complimentary Optional Features (defined below), mainly, but not limited to: the borrowing of communication devices i.e. cell phones, computers, and laptops; the use and access of work spaces and meetings rooms; the use, access and short-term lodging with our Affiliates (defined below); and for both Iceberg Members (defined below) and Passport Members alike, the use and access of our proprietary web service, Iceberg, (defined below) (collectively, the 'Services'), which Services are accessible at http://www.permago.com, www.iceberg.travel, and any other websites through which PermaGO makes the Services available (collectively, the 'Site') and as an application for mobile devices (the 'Application').

In order to use any of the Services, you must agree to comply with and be legally bound by these Terms of Service and by our Privacy Policy (together, the 'Terms'), regardless of whether you are using the Service as a guest, or as a registered Iceberg member or as an approved Passport Member. These terms govern your access to and use of the Site, Application and Services, and constitute a binding legal agreement between you and PermaGO. If you do not agree to any of these Terms in part or in whole, you have no right to secure information from or otherwise continue using our Site, Application or Services and are prohibited from doing so. Failure to use the Site, Application, or Services in accordance with these Terms may subject you to civil and criminal fines.

These Terms and Privacy Policy are subject to revision by us at any time, and we reserve the right, at our sole discretion, to revise the Site, Application, or Services, effective immediately upon posting through the Services. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notification sent to the email you have on file with us. Additionally, we will update the 'Last Updated' date at the top of these Terms. By accessing the Site, Application or Services after any such revision, you are agreeing to be bound by and to accept the Terms as revised. If for any reason, any of the revised Terms are unacceptable to you, your only alternative is to immediately stop using the Site, Application and Services, and by deactivating your account.

Our failure to enforce any one or more of the Terms shall not be construed as a waiver of any of the rights in these Terms or the rights attached to them at any time or for any period.

THE HEADINGS USED IN THESE TERMS AND THE CAPITALIZATION OF ANY WORDS FOUND THROUGHOUT THESE TERMS ARE FOR CONVENIENCE ONLY, AND SHALL NOT AFFECT THE MEANING OR SCOPE OF THESE TERMS, OR, OTHERWISE BE SUBJECTED TO ANY OTHER LEGAL EFFECT.

Our Site, Application and Services are all constantly being developed; therefore, entirely new or improved features will continuously be unveiled periodically over the coming months. Certain parts of these Terms may refer to features, services, or functions that have not yet been applied or put into effect within our Site, Application and Services. As soon as any of these features, services, or functions have been applied and put into effect, by continuing to use the Site, Application or Services you agree that those parts of these Terms shall go into effect.

THE SITE, APPLICATION AND SERVICES CONSIST OF AN ONLINE PLATFORM THROUGH WHICH PASSPORT MEMBERS MAY PURCHASE AND SECURE CLOUD ASSISTANCE SERVICES THROUGH US AND OUR AFFILIATES AND, MAY ALLOW PASSPORT MEMBERS TO RESERVE COMPLIMENTARY, AND STRICTLY OPTIONAL FEATURES AND SERVICES OFFERED BY OUR AFFILIATES AND, MAY ALLOW PERMAGO MEMBERS (DEFINED IN "KEY DEFINITIONS" BELOW) TO ACCESS ICEBERG FOR SOCIAL NETWORKING, ENTERTAINMENT, SHARING, BOOKING LODGING ACCOMMODATIONS AND ADVERTISING PURPOSES. FURTHERMORE, YOU AGREE AND UNDERSTAND THAT PERMAGO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PASSPORT MEMBERS AND OUR AFFILIATES, NOR IS PERMAGO AN INTERIOR DESIGN OR FURNITURE DESIGN COMPANY, REAL ESTATE BROKER, AGENT, OR INSURER. PERMAGO HAS NO DIRECT CONTROL OVER THE CONDUCT OF OUR AFFILIATES, PERMAGO MEMBERS, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. FOR ALL INTENTS AND PURPOSES, PERMAGO IS A BUSINESS FACILITATOR CONNECTING PASSPORT MEMBERS WITH EXCLUSIVE PERMAGO AFFILIATES AND SUBSIDIARIES IN ORDER TO SIMPLIFY THE SECURING, HANDLING, AND BOOKING OF ALL TRAVEL-RELATED REQUIREMENTS FOR BUSINESS AND LEISURE PURPOSES, AND, FACILITATING THE BOOKING OF LODGING ACCOMMODATIONS BY CONNECTING PERMAGO MEMBERS (BOTH ICEBERG MEMBERS AND PASSPORT MEMBERS ALIKE) WITH VERIFIED ICEBERG PROVIDERS (DEFINED BELOW) IN AN EFFORT TO ADMINISTER AND FACILITATE THE TRAVEL NEEDS OF TODAY'S GLOBAL TRAVELER.

Key Definitions

“Affiliate” (or plural “Affiliates”) means any Person, Organization, Government or Business Entity, directly or indirectly in partnership or under common association with PermaGO, its Members, Directors, Officers or other representatives but shall exclude all Iceberg Providers (defined below).

“Bridge” (or plural “Bridges”) means any workspace, office, meeting room, or lodging space offered by any of PermaGO's affiliates to Passport Members.

“Cloud Assistant” (or plural “Cloud Assistants”) means a remote virtual assistant providing Passport Members with personal and administrative support services, in a collaborative and dedicated relationship, and for a predetermined length of time with a PermaGO Member.

“Cloud Assistance” means the personal and administrative support services dispensed by a remote PermaGO virtual assistant, or remote virtual assistants to a PermaGO Member.

“Iceberg” refers to PermaGO's proprietary web service, consisting of both Iceberg MEET ("MEET",) the social networking platform for PermaGO Members to connect with other PermaGO Members for entertainment purposes, and Iceberg BOOK ("BOOK",) the lodging accommodations booking engine used by PermaGO Members to reserve lodging accommodations with Iceberg Providers.

“Iceberg Member” (or plural “Iceberg Members”) means any person who completes PermaGO's account registration process, but has not been approved for, and does not possesses a PermaGO Passport.

“Iceberg Member Account” shall refer to any active or deactivated account, previously registered with PermaGO as belonging to an Iceberg Member.

“Iceberg Member Content” means all content that an Iceberg Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“Iceberg Provider” (or plural “Iceberg Providers”) shall refer to a third-party individual, business or corporate entity, which operates and provides lodging accommodations in a property such as, but not limited to, hotels, hostels, guesthouses, bed and breakfasts, houses, and/or apartments, but for all intents and purposes shall NOT include PermaGO Bridges.

“Optional Feature” (or plural “Optional Features”) means any complimentary service or product offered on our Site, Application or Services by any of our Affiliates. These Optional Features may include (but not limited to) the short term, complimentary use and access of communication devices, and the reservation of PermaGO Bridges offered through and by PermaGO Affiliates and PermaGO Hosts.

“Passport Member” (or plural “Passport Members”) means any person who completes PermaGO's account registration process, becomes an Iceberg Member and is subsequently approved by PermaGO for a PermaGO Passport (defined below,) thereby upgrading the person to Passport-level membership privileges i.e. the ability to book a Trip Package (defined below.)

“Passport Member Account” shall refer to any active or deactivated account, previously registered with PermaGO as belonging to a Passport Member.

“Passport Member Content” means all content that a Passport Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“PermaGO Content” means all content that PermaGO makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding all PermaGO Member Content.

“PermaGO Host” (or plural “PermaGO Hosts”) means any dedicated Passport member serving in the capacity as a goodwill Host to fellow Passport Members in their primary places of residence.

“PermaGO Member” (or plural “PermaGO Members”) shall refer to either an Iceberg Member or a Passport Member.

“PermaGO Member Account” shall refer to any active or deactivated account, previously registered with PermaGO as belonging to a PermaGO Member.

“PermaGO Passport” is a document (which may be in digital form) issued by PermaGO to an existing Iceberg Member, allowing the person to book a Trip Package (defined below,) after completion of an approval process conducted by PermaGO.

“Trip Package” is a reservation for Cloud Assistance with PermaGO. A Trip Package may consist of non-guaranteed Optional Features offered by PermaGO's Affiliates, and is fully contingent on the availability at the time of the Cloud Assistance reservation. All Optional Features shall be fully guaranteed once the Trip Package is finalized with PermaGO.

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT, BY USING OR ACCESSING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING, SUBMITTING, OR POSTING ANY INFORMATION OR CONTENT FROM OR ON THE SITE, VIA THE APPLICATION, VIA ICEBERG, OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU COMPREHEND AND EXPRESSLY AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU ARE APPROVED AS A PASSPORT MEMBER AFTER REGISTRATION ON THE SITE, APPLICATION, OR SERVICES. IF YOU DO NOT CONSENT TO THESE TERMS IN ITS ENTIRETY, THEN YOU ABSOLUTELY DO NOT HAVE THE RIGHT TO ACCESS OR USE THE SITE, APPLICATION, AND SERVICES. If you accept or agree to these Terms on behalf of an organization, or other legal entity, you are representing to us that you have the legal authority to bind that company or legal entity to these Terms in whole and, in such case, 'you' and 'your' hereinafter will refer and apply to that company or other legal entity.

  1. Account Registration

    In order to access various features of the Site and Application, or to use any of our Services such as, to reserve Cloud Assistance for the purpose of obtaining virtual assistance services, to access and utilize Iceberg for the purposes of social networking through MEET, or booking lodging accommodations through BOOK, or to view information relating to other PermaGO Members or PermaGO Hosts, you must first register and create an Iceberg Member account ('Iceberg Member Account') and furthermore, if the registration sought is for a PermaGO Passport, you will permit us a reasonable amount of time necessary to review your account registration information. If upon review, you are approved for a Passport Membership, we will issue you a PermaGO Passport, thereby confirming and elevating your status from an Iceberg Member to that of a Passport Member.

    Please note, the simple registration of an Iceberg Member Account does not entitle you to a PermaGO Passport, nor does it allow you to invoke any rights, policies or privileges associated with being a Passport Member, nor does it guarantee that you will eventually be issued a PermaGO Passport. The criteria and protocol for issuing a PermaGO Passport, or granting approval to become a Passport Member is strictly confidential and is subject to the review process of our new membership committee. The criteria and protocol for such review is not subject to review from any external entities, nor is the criteria and protocol subject to any explanation to any external entities thereof except in cases required by law.

    Above all else, PermaGO shall reserve all rights to deny, revoke, or approve any new or existing membership, at its sole discretion.

  2. Account Registration Through Third Party Sites

    During your initial account set up, you have the option of registering and creating an Iceberg Member Account by logging in with your third party social networking site ('SNS') (including, but not limited to, Facebook); each such account, a 'Third Party Account', through our Site or Application, as described herein below. As part of PermaGO's range of operations and purposes of the Site, Application and Services, you may connect your Iceberg Member Account with Third Party Accounts, by either: (a) submitting to us your Third Party Account login details and information to PermaGO through the Site, or Application; or (b) giving permission to PermaGO to access your Third Party Account to the extent that is allowed under the relevant terms and conditions that control your use of each Third Party Account. You assert that you have the right to disclose your login information of your Third Party Account to PermaGO and that you fully authorize PermaGO to access your Third Party Account (including, but not limited to, for use for the purposes described herein), without your being in violation of any of the terms and conditions that govern your use of the applicable Third Party Account and without compelling PermaGO to pay any fees or requiring PermaGO to be subject to any usage limitations enforced by such third party service providers. By authorizing us to access any Third Party Account on your behalf, you understand that PermaGO will access, make available and store any applicable Content that you have provided to and stored in your Third Party Account ('SNS Content') so that it is available on and through the Site, Services and Application via your Iceberg Member Account and Iceberg Member Account Profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Iceberg Member Content for all purposes of these Terms. Contingent entirely on the Third Party Accounts that you connect to PermaGO and subject to the privacy controls that you have set in such Third Party Accounts, the details and information that you post to your Third Party Account may be personally distinguishable through your Iceberg Member Account on the Site, Service and Application. Please be aware that if a Third Party Account or related service is rendered inaccessible or PermaGO's access to such Third Party Account is ended or blocked by the third party service provider, then SNS Content will cease to be available on and through the Site, Services and Application. PLEASE UNDERSTAND THAT IT IS YOUR THIRD PARTY AGREEMENT(S) THAT COMPLETELY GOVERNS YOUR RELATIONSHIP WITH YOUR THIRD PARTY SERVICE PROVIDERS. PermaGO will not make any attempt to review any SNS Content for any reason whatsoever, including but not limited to, for legal reasons, exactitude or non-infringement and PermaGO is not responsible for any SNS Content.

    When you complete your registration by connecting your Third Party Account, we will use the personal information you provide to us or that we procure via an SNS as described above, to create your Member Account profile page for your use of the Site and Application.

    You may not have more than one (1) active Iceberg Member Account or Passport Member Account, nor have one of each simultaneously active. You agree to provide PermaGO with information that is current, truthful, and consisting of all the necessary and appropriate details requested during the registration process and to take all the necessary steps to maintain the information so that it is current, truthful and complete. At any and all times, PermaGO shall reserve all rights to suspend your PermaGO Member Account and terminate your access to the Site, Application and Services if we discover that you created or control more than one (1) Iceberg Member Account, or Passport Member Account, or if any of the information you provided at the time you registered your account or thereafter proves to be untruthful, false, not complete, or not current. You are fully responsible for protecting and taking the necessary measures to safeguard your password. You agree that you will not divulge your password to any third party and that you will assume full responsibility for any and all activities or actions under your PermaGO Member Account, regardless of whether or not you have given your express permission for such activities or actions. Upon discovery of any unauthorized use of your PermaGO Member Account, you agree that you will make every attempt to immediately notify us.

  3. No Endorsement

    PermaGO does not endorse or vouch for any PermaGO Members. Furthermore, even though these Terms require PermaGO Members to provide truthful information, by creating an account and becoming a PermaGO Member, you acknowledge your understanding that PermaGO is ultimately not liable for any false information provided by our PermaGO Members to us, at any time. Although we will make every effort to assess the truthfulness of each PermaGO member's registration information, we will neither endorse any PermaGO member at any level of membership, or be held responsible for any damage or harm resulting from your interactions with other PermaGO members.

    By using the Site, Application or Services, you agree that any relief or legal remedy that you hope to obtain as compensation for the behaviors, actions or omissions of other PermaGO members or other third parties will be limited to the claims made against the particular PermaGO member or other third parties responsible for the damage or harm you incurred as a result of their behaviors, actions or omissions, and you agree that you will not attempt to levy any responsibility or liability on, or attempt to obtain any relief or legal remedy from PermaGO with respect to such behaviors, actions or omissions.

  4. Iceberg BOOK Terms and Conditions

    Iceberg BOOK (hereinafter “BOOK”) is a booking engine which provides reservation and booking services for temporary lodging accommodations, namely, hostels, hotels, motels, resorts, guesthouses, bed and breakfasts, lodging houses, boarding houses, and rooming houses to our PermaGO Members by means of an on-line interactive website.

    1. Usage, Understanding & Acknowledgements

      PermaGO Members using BOOK hereby confirm their understanding that PermaGO acts only as the agent in the processing and booking of lodging accommodations with our Iceberg Providers, in which these accommodations may also include other related travel services (together, the "travel services"). PermaGO does not administer, own or operate any of the travel services offered by our Iceberg Providers, and in particular, we do not administer, own or operate any of the lodging accommodations. PermaGO is not a party to the contract between you and the Iceberg Provider for the providing of travel services and has no responsibility or liability to you in respect of the terms of that contract. For purposes of clarification, and in particular, you understand that PermaGO shall not be held responsible for:

      1. the exactness, totality, or reliability of the descriptions of the Iceberg Provider’s accommodation and other related travel services displayed on our Site and Application;

      2. the quality or fitness of the accommodation offered, including other related travel services that are, or may be proffered to be booked on our Site and Application;

      3. any complication, ailment (physical or mental,) accident or any other difficulties arising from the accommodation or other related travel services, or, which is experienced by you or any other person(s) in your party during your stay at the accommodation provided by the Iceberg Provider;

      4. the ratings and reviews displayed on our Site and Application (since these ratings are partly based on the opinions and reviews of other PermaGO members who have booked and experienced the travel services, and not the opinions and reviews of PermaGO);

      5. any failure or error in the making or authenticating of a booking due to your own error, or, which is due to any other failure or error that is beyond our control, such as (but not limited to) a power failure, or act of God;

      6. any subsequent cancellation of a booking by an Iceberg Provider for any reason whatsoever, or, any failure to provide any or all of the travel services booked by you with that Iceberg Provider (therefore, we strongly encourage you to take out an suitable travel insurance policy to cover any and all travel-related contingencies, such an unexpected cancellation).

      By using BOOK, you hereby confirm that you: are of sufficient, legal age to use our Site, Application and Services; enter into a legal, binding contract; create and carry legal obligations, risks and liabilities incurred as a result of your usage of BOOK; understand your financial obligations and liabilities associated with your usage of BOOK, and equally liable for those using your PermaGO Account log-in information to access and use BOOK.

    2. Making a Booking

      By using BOOK to make a booking with an Iceberg Provider, you understand that you enter into a contract for travel services, and that YOUR CONTRACT FOR TRAVEL SERVICES IS STRICTLY WITH THE ICEBERG PROVIDER, NOT PERMAGO, WHICH ONLY ACTS AS AN AGENT FOR THE ICEBERG PROVIDER. The responsibility to provide and administer the travel services belongs to the Iceberg Provider with which you have made your booking. PermaGO shall not be held responsible for the quality of the travel services (including lodging accommodations) or any other travel services that are included in the booking, nor for the fulfillment of any booking made using BOOK.

      By using BOOK to make a booking with an Iceberg Provider, in addition to understanding the terms in the preceding paragraph (above), you will also be required to submit a payment to PermaGO as a deposit, which we collect for and on behalf of the Iceberg Provider. This deposit shall be a fixed percentage of the total value of your booking with the Iceberg Provider, and in all circumstances shall always be non-refundable unless you select the Rain Check option at the time you make your booking. In which case, the amount of the deposit shall be converted to a credit to be used for future bookings on BOOK, if and only if you cancel your booking within the Terms of this agreement, and the terms and conditions of trade applied by the Iceberg Provider.

      By using BOOK to make a booking with an Iceberg Provider, you will also be required to submit a flat booking fee – which is non-refundable in all circumstances – to PermaGO for making the booking.

      You understand and agree that payment of the balance of the cost of the booking that you made using BOOK, including payment for all costs associated with additional services subsequently agreed with the Iceberg Provider, and where applicable, payment for costs associated with the Iceberg Provider’s service charges and taxes, which are pursuant to the terms and conditions of trade applied by the Iceberg Provider, shall be solely your responsibility upon your arrival.

    3. Booking Guarantee & No-Show Fee

      In order to guarantee your booking, you must use a credit card, a debit card, or, you may guarantee your booking with using Bitpay contingent on the option being available with the Iceberg Provider.

      WHEN MAKING A BOOKING WITH YOUR CREDIT CARD, DEBIT CARD, OR BITPAY WALLET, YOU AGREE TO ACCEPT THE ICEBERG PROVIDER’S RELEVANT CANCELLATION AND NO-SHOW POLICY SET OUT IN ITS TERMS AND CONDITIONS. EACH ICEBERG PROVIDER SHALL SPECIFY THE PERMITTED TIMEFRAME ALLOWED FOR ANY AND ALL CANCELLATION OF BOOKINGS MADE USING BOOK, AND IN THE EVENT THAT YOU CANCEL YOUR BOOKING OUTSIDE THIS PERMITTED TIMEFRAME, OR THAT YOU FAIL TO ARRIVE BY THE AGREED CHECK-IN TIME, YOU AUTHORIZE PERMAGO – ACTING AS AGENT, AND COLLECTING FOR AND ON BEHALF OF THE ICEBERG PROVIDER – OR THE ICEBERG PROVIDER (EITHER, BUT NOT BOTH), TO CHARGE TO YOUR CREDIT CARD, DEBIT CARD OR (IF APPLICABLE) THE BITPAY WALLET ON FILE WITH US, (WITHOUT FURTHER NOTIFICATION TO OR CONSULTATION WITH YOU) AN AMOUNT EQUAL TO ONE NIGHT’S STAY OR ANY SUCH OTHER AMOUNT AS MAY BE STIPULATED IN THE TERMS AND CONDITIONS OF THE ICEBERG PROVIDER.

      Cancellation of your entire booking may result if you do not arrive by the agreed check-in time, unless amendments to your booking is notified to and agreed with the Iceberg Provider directly, and in advance of your pending arrival. In all circumstances, no refund in parts or in whole of the deposit shall be made.

    4. Special Requests

      When making your booking, it is your responsibility to communicate with and disclose to the Iceberg Provider any special requests that you or a member of your party may require as a result of any existing medical conditions, or otherwise.

    5. Confirmation of Booking & Additional Charges

      On behalf of the Iceberg Provider, we will confirm your booking by sending you an e-mail booking confirmation to the address you have on file with us. We will not provide information regarding any charges for additional services or details of any service charges or taxes charged by the Iceberg Provider in the booking confirmation e-mail, nor are we to be held responsible for providing any such information at any time.

      Please note, however, that in circumstances where you do not receive an e-mail booking confirmation from us for any reason, by default you must assume that your booking is confirmed with the Iceberg Provider, and furthermore, you understand that your booking’s validity will not be contingent on your receiving further confirmation (via e-mail or otherwise) upon your submission of payment for the deposit and service charge to PermaGO.

      Upon receipt of the booking confirmation, we encourage and strongly recommend that you check, and confirm the exact terms and conditions upon which the Iceberg Provider makes the additional services, reserved services, service charges or taxes by contacting them directly. For all inquiries, cancellations or modifications of your booking, you should provide the reference number(s) included on the booking confirmation.

    6. Cancelling or Modifying a Booking

      In agreement with the cancellation policy set forth by the Iceberg Provider on the booking confirmation and detailed property-listing page, you may cancel or modify your booking via your “Account Settings” by logging in at www.iceberg.travel.

      IN THE EVENT YOU CHOOSE TO CANCEL YOUR BOOKING, ALL DEPOSITS AND BOOKING FEES ARE NON REFUNDABLE UNLESS YOU HAVE SELECTED THE RAINCHECK BOOKING OPTION (DESCRIBED IN SECTION 4.7 BELOW) IN WHICH CASE, ONLY THE DEPOSIT MAY BE CREDITED BACK TO YOUR ACCOUNT IN THE FORM OF A BOOKING CREDIT, ACCESSIBLE FOR FUTURE USE ON OUR SITE, AND APPLICATION.

    7. Raincheck Booking Option
      1. At the time you make your booking, if you choose the Raincheck Booking option, you will be charged a nominal fee and, in return, should you later decide to cancel your booking within the period of notice required by the Iceberg Provider (stipulated in its terms and conditions,) your deposit will be credited back to your PermaGO Account as a booking credit, in US Dollars, and you will be able to re-use the credited amount for future bookings on our Site and Application for up to 24 months from the cancellation date. The booking credit is non-transferrable and YOUR BOOKING FEE IS NON-REFUNDABLE.

        If the Raincheck Booking option is NOT SELECTED, by default your booking will be considered to be a standard Booking, in which case, regardless of how much notice you give, DEPOSITS AND BOOKINGS FEES WILL BE NON-REFUNDABLE if you choose to cancel your Booking.

        IN ORDER TO AVOID ADDITIONAL CHARGES FOR A “NO SHOW FEE” (SEE SECTION 4.3) IT IS YOUR RESPONSIBILITY TO PROVIDE THE AMOUNT OF NOTICE TO THE ICEBERG PROVIDER STIPULATED IN ITS CANCELLATION POLICY, DESPITE YOUR DEPOSIT AND BOOKING FEE BEING NON-REFUNDABLE.

      2. The following provisions will apply when you select the Raincheck Booking option:

        1. A booking credit of your deposit will apply to your PermaGO Account only where:

          1. you have given the Iceberg Provider the required amount of notice stipulated in its terms and conditions and at least 24 hours’ notice prior to the scheduled check-in time and date;

          2. you have cancelled your booking through your Account Settings by logging into your PermaGO Account, which you can access by clicking: “BOOK” > “Upcoming Bookings” > “Cancel Booking.” Please note, booking credit shall not apply with respect to cancellations made by telephone or e-mail; and

          3. your ENTIRE booking is cancelled (modifications or partial cancellations, such as cancellations of 1 night of a 7-night booking, are not protected under the Raincheck Booking option)

        2. Your booking credit will be applied to the PermaGO Member account linked in our database systems by the e-mail used to register the account at sign up. Under no circumstances can the booking credit be applied to any other individual or PermaGO Member Account.

        3. Booking credit must be used within 24 months from the cancellation date, after which it shall expire.

        4. Booking credit may only be used once. In cases where you cancel any subsequent bookings, the Raincheck option must be selected for those bookings as well, in order to qualify for the same cancellation protection and receive a Booking credit to your PermaGO Account.

        5. Booking credit may only be applied to deposits for accommodation bookings with Iceberg Providers. More specifically, it may not be applied to our booking fees or other purchases on our Site and Application.

        6. In the event of a No-Show where you fail to cancel your Booking, or, where you provide an insufficient amount of notice as stipulated in these and/or the Iceberg Provider’s terms and conditions, all deposits and any fees paid, including for the Raincheck Booking option, will be non-refundable. Furthermore, you authorize PermaGO or the Iceberg Provider (one, or the other but not both) to charge your credit card, debit card, or Bitpay wallet any further amounts owed (for example: 1-night’s charge) as a result of your No-Show or insufficient cancellation notice in full accordance with Section 4.3 (above).

        7. Your credit will be automatically applied to your future booking(s) when you make a booking while logged into your PermaGO Member account.

      3. You will pay for the deposit and booking fee in the “settlement currency” that you choose at the time you make your booking. Where the Iceberg Provider has set the accommodation price in a different currency from your settlement currency, the deposit amount and booking fee that you will be charged in your settlement currency will be calculated by converting the total amount of your booking using an exchange rate based on a daily feed from a reputable currency conversion website.

  5. GreyCloud

    Greycloud is PermaGO’s proprietary platform accessible only to Iceberg Providers. By using BOOK to make a booking with an Iceberg Provider, you understand that you enter into a contract, which allows that Iceberg Provider to provide PermaGO and other Iceberg Providers with private feedback, private reviews, and private comments regarding your transgressions, policy violations, criminal misconduct, or other relevant information concerning your stay with them. Furthermore, you understand that these feedback, reviews, and comments may affect your ability to make future bookings with other Iceberg Providers while using the BOOK booking engine.

    While we reserve the right to investigate and verify any claims made regarding such transgressions, policy violations, criminal misconduct, or other relevant information concerning your stay with that Iceberg Provider, PermaGO does not have an obligation, legal or otherwise, to conduct such an investigation.

    By using BOOK to make a booking with an Iceberg Provider, you understand that you have absolutely no right, legal or otherwise, to request any Greycloud information stored in our database about you, and in all circumstances you may not contact the Iceberg Provider to petition for further details, nor attempt to harass the Iceberg Provider or any of its employees or agents or legally associated entities that you suspect may have contributed any feedback, reviews or comments to your PermaGO Member account.

  6. Trip Package Reservations, Optional Features, and Financial Terms for Passport Members

    PermaGO is a membership-exclusive service provider of Cloud Assistance, or virtual assistance services. For all intents and purposes, PermaGO is not a provider of lodging accommodations; PermaGO is not a provider of office or meeting room accommodations; and PermaGO is not a provider of communication device rental services. Please note however, that PermaGO reserves the right to directly provide any such services in the future, and this section shall in no way preclude PermaGO or its subsidiaries from providing such services directly or indirectly as part of the ongoing operations of PermaGO.

    1. Trip Package Reservations: Passport Members may make a reservation to secure Cloud Assistance, which are the services of a virtual assistant through the Site, Application or by calling a PermaGO customer service representative and submitting payment via credit card, debit card or other accepted forms of payment allowed on the Site or Application, such as Bitpay, in order to confirm the reservation ('Reservation'). The privilege of making reservations (including optional features) through our Site, Application and Services, is understood and accepted by all Passport Members as being a wholly revocable privilege granted to them by PermaGO, and may be terminated at any time, and shall in no way be construed as a grant of a right (legal or otherwise) of any kind, and unless any rights have been expressly granted in writing between you, as a Passport Member, and PermaGO, no implied rights shall exist or be enforceable under any jurisdiction thereof.

      Please note that PermaGO does not currently charge any fees associated with the grant of privileges to Passport Members in order to access and reserve our services and complimentary optional features. However, you understand and agree that PermaGO reserves the right, in its sole discretion, to charge you for and collect fees from you for the privilege to access and use its Site, Application and Services in the future. PermaGO will provide notice of any such fees collection via the Site, Application and Services, prior to implementing any such changes in its membership policies.

    2. Optional Features: As defined under "Key Definitions" above, Optional Features mean any complimentary services or products offered on our Site, Application and Services by any of our subsidiaries and/or affiliates, including by other Passport Members. From time to time, existing Optional Features may be improved upon, removed completely, or entirely new Optional Features may be offered. These Optional Features may include (but not limited to) the borrowing of communication devices, the grant of access and use of workspaces and meeting rooms, and the grant of access to lodging accommodations with fellow Passport Members serving in the capacity as a PermaGO Host.

      Please note that the inherent definition of 'complimentary' denotes that these Optional Features CANNOT BE SECURED OR ACQUIRED DIRECTLY BY AN OUTRIGHT OFFER TO PURCHASE THE SERVICE OR PRODUCT FROM OUR SUBSIDIARY OR AFFILIATE, nor is any Passport Member allowed to contact our subsidiary or affiliate directly, with the intent to secure or acquire such service or product listed on our Site, Application and Services. These Optional Features may only be secured, acquired and added to a Trip Package consisting of a reservation for Cloud Assistance, and shall be based solely on the availability at the time the Trip Package is created through our Site, Application and Services. Furthermore, if any Passport Member attempts to intentionally usurp this provision, that Passport Member would immediately be in direct violation of these Terms and Conditions, and would therefore be subject to possible penalties associated therewith, including but not limited to a revocation of their PermaGO Passport, and any associated privileges previously granted to and accumulated by that Passport Member.

      Passport Members will have an opportunity to review the scope of the Cloud Assistance requested, including the duration of virtual assistance and the availability of any Optional Features, prior to submitting payment to finalize their Trip Package. Once payment is submitted to PermaGO, the reservation and any associated services and optional features within the Trip Package shall be considered guaranteed by PermaGO, and the necessary resources shall be allocated to that Passport Member's reservation. In the unlikely event that PermaGO is unable to fulfill its obligation, or if an affiliate or subsidiary is unable to honor the service or product requested as part of the Optional Features, any amounts received by PermaGO will be refunded to such member in its entirety. Any further compensation is not to exceed double the monetary value of the original reservation, unless, such compensation is expressly approved by PermaGO.

    3. Financial Terms: You, as a Passport Member, agree to pay PermaGO for the Total Fees associated with any reservation request in connection with your Member Account. In order to confirm your reservation for Cloud Assistance and any Optional Features, you understand and agree that PermaGO, in its sole discretion, reserves the right to charge your credit card, debit card, or Bitpay wallet the full amount of the reservation in United States Dollars (USD) in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable services page. Please note that PermaGO cannot control any fees that may be charged to a Passport Member by his or her bank related to PermaGO's charge of the Total Fees, and PermaGO disclaims all liability in this regard.

      In connection with your requested reservation and Trip Package, you will be required to provide billing information such as your name, billing address and credit card, debit card, or Bitpay wallet information either to PermaGO or its third party payment processor. You agree to pay PermaGO the associated fees for any confirmed reservation and Trip Package made in connection with your Member Account in accordance with these Terms by one of the options described on the Site or Application. You hereby authorize PermaGO to collect such amounts by charging the credit card, debit card, or Bitpay wallet provided as part of the requested reservation, either directly by PermaGO, or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize PermaGO to charge your credit card, debit card, or Bitpay wallet in the event of damage caused at an affiliate's workspace, meeting room, or Bridge as contemplated under 'Damage to Bridges' below. If you are directed to PermaGO's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed reservation and Trip Package is finalized and complete, you will receive a confirmation email summarizing your confirmed reservation, additional information, and further instructions associated with any requested Optional Features.

  7. Cancellations and Refunds of Trip Packages

    When you create and finalize a new reservation in your Trip Package for Cloud Assistance, PermaGO will allocate and dedicate a trained virtual assistant to fulfill our obligation of providing virtual assistance service to you as a Passport Member, on the date requested by you for the reservation. Full refunds, partial refunds, credits or partial credits to your account in cases of cancellation will be contingent on the extent of resources already allocated (at the time of the cancellation request) to fulfill your reservation.

    GENERALLY, BUT NOT ALWAYS, CANCELLATIONS AND REFUNDS WARRANT CONSIDERATION WHEN THEY QUALIFY UNDER EITHER OF THE TWO CATEGORIES:

    1. Cancellations without Optional Features Requested:

      If Optional Features are not requested as part of your finalized Trip Package, a cancellation for Cloud Assistance may be requested by speaking to one of our customer service representatives via telephone, or by sending an email to cancellations@permago.com with your cancellation request if at least 48 hours remain from the start of your reservation. A full refund will be processed within a commercially reasonable time upon receipt of the cancellation request. In cases where the cancellation request is submitted and the notification is received with less than 48 hours remaining from the start of your reservation, you shall be entitled to a full credit of hours for the Cloud Assistance not rendered.

      All Virtual Assistance Service hours not dispensed, resulting from your cancellation, will be credited to your Member Account and shall remain valid for a period of up to 90 calendar days from the date of the cancellation request. Virtual Assistance Service Credits may be used to make a reservation through the Site, Application and Services, and when available, may include the reservation of any non-guaranteed Optional Features.

    2. Cancellations with Optional Features Requested:

      If any Optional Features are requested as part of your finalized Trip Package, you hereby acknowledge your understanding that due to additional resources being allocated by us, our affiliates and our subsidiaries, and that such additional resources were set aside exclusively for your reservation so that PermaGO may fulfill its obligations to you, this has effectively rendered these additional resources unavailable to other Passport Members, and has materially affected other Passport Members' ability to request, finalize and submit payment for their desired Trip Package. As such, please note that we are limited in our ability to process your refund when Optional Features are requested as part of your finalized Trip package.

      A cancellation of a reservation containing any Optional Features may be requested by speaking to one of our customer service representatives via telephone, or by sending an email to cancellations@permago.com with your cancellation request if at least four (4) days remain from the start of your reservation. A full refund will be processed upon receipt of the cancellation notice.

      In cases where the cancellation request is submitted and the notification is received with less than four (4) days remaining from the start of the reservation, you understand and agree that you shall NOT be entitled to any refund or credit, partial or otherwise, of any service fees collected by PermaGO associated with your finalized Trip Package.

      All Virtual Assistance Service hours not dispensed, resulting from your cancellation, will be credited to your Member Account and shall remain valid for a period of up to 90 calendar days from the date of the cancellation request. Virtual Assistance Service Credits may be used to make a reservation through the Site, Application and Services, and when available, may include the reservation of any non-guaranteed Optional Features.

  8. No Guarantee

    At all times, PermaGO will strive to provide virtual assistance service that meet or exceed our organization's standards, and the standards and expectations of our Passport Members. However, due to the nature of the services we provide, the price, length, dependability and scope of virtual assistance services may fluctuate from time to time, may depend on the level and exclusivity of the membership, may be subject to certain logistical or legal restrictions, and may be contingent on available resources on the date of the reservation. As such, we are unable to make any claims or guarantees that any such virtual assistance service will be consistent with any previous experience, or any other members' previous experience. PermaGO members may not hold us to any such standards or expectations. IF YOU DO NOT AGREE WITH ANY PARTS OF THE ABOVE-MENTIONED TERMS, YOU MAY NOT MAKE A RESERVATION WITH PERMAGO, AND YOU MUST IMMEDIATELY DISCONTINUE USE OF OUR SITE, APPLICATION, AND SERVICES.

  9. Mutual Non-Disclosure

    The PermaGO Terms of Service governs the disclosure of information by and between PermaGO, (the 'Recipient') and you, the Member (the 'Discloser') as of the date of your account registration. The parties are willing to disclose information to each other that may be private in nature during the course of their relationship on the condition that the recipient of the information does not disclose the same to any third party, nor make use thereof in any manner except as outlined below.

    IN CONSIDERATION OF SUCH DISCLOSURE TO EACH OTHER, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

    1. Handling of Confidential Information: The receiving party undertakes to treat as strictly confidential and not to divulge to any third party any of the information disclosed by the other and not to make use of any such information without the disclosing party's prior written consent. The obligations of confidentiality and non-disclosure will be honored even after the termination of this agreement, except as required by governmental authorities.

    2. Definition of Confidential Information: As used herein, 'Confidential Information' shall mean any and all technical and non-technical information provided by either party to the other, including but not limited to, trade secrets, information related to current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, financial information, customer lists, employees, business and contractual relationships, sales and marketing plans.

    3. Exceptions to Confidential Information: The above undertaking shall not apply to:

      1. Information which after disclosure by the disclosing party is published or becomes generally available to the public, otherwise than through any act or omission on the part of the receiving party;

        Information which the receiving party can show was in its possession at the time of disclosure and which was not acquired directly from the disclosing party;

      2. Information rightfully acquired from others who did not obtain it under the pledge of secrecy to the disclosing party.

      3. Information which at the time of disclosure is published or otherwise generally available to the public;

    4. Residual Knowledge: The terms of the Mutual Non-Disclosure shall be deemed to apply also to the employees or agents or legally associated entities of the receiving party who shall require their said employees or agents or legally associated entities to observe the foregoing obligations.

    5. No Grant of Rights: Neither the execution of this Agreement, nor the disclosure of any Proprietary Information hereunder, shall be construed as granting either expressly or by implication, estoppel or otherwise, any license under any invention or patent now or hereafter owned by or controlled by the parties.

  10. Affiliates and Third Parties

    PermaGO may exercise its right at any time to contract with third party organizations to provide and fulfill key tasks, functions, general maintenance or to offer improvements to existing features or to implement entirely new features as part of our ongoing daily operations. Should any dispute arise between PermaGO Members and PermaGO (including our affiliates, third parties, Iceberg Providers) or between other PermaGO Members, PermaGO shall make every effort to act as an intermediary in exploring all viable, conceivable resolutions (the 'Mediation Phase'). However, at no time shall PermaGO be held responsible for the actions leading up to, during, or after the mediation phase, or the results thereof between any such parties.

  11. Damage to Bridges

    As a PermaGO Member, if you are granted access to use any PermaGO Bridge, you are responsible for leaving the Bridge in the same condition it was in when you arrived. You accept and agree that you are solely responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Bridge, regardless of whether or not you obtained prior approval from PermaGO, or its affiliate(s). In the event that an affiliate makes a claim to the contrary and furnishes evidence of damage, including photographs, you hereby consent to paying the cost of replacing the damaged items with the same item, or an item of similar or equal value to the satisfaction of the affiliate. Upon notification of any allegation or claim and after a period of forty-eight (48) hours in which you may respond to the allegation, the payment will be charged to and taken from the credit card, debit card, or Bitpay wallet on file in your Member Account. PermaGO reserves the right to charge the credit card on file in your Member Account, or otherwise collect payment from you and pursue any channels of recourse available to PermaGO in this regard, in circumstances in which you have been found, in PermaGO's sole discretion, to have caused damage to any Bridge, including, but not limited to, in relation to any payment requests made by PermaGO's affiliates, and in relation to any payments made by PermaGO to affiliates. If we are not able to charge the credit card, debit card, or Bitpay wallet on file or otherwise collect payment from you, you consent to remit payment for any damage to the Bridge to the applicable affiliate or to PermaGO directly (if applicable).

    Members, Passport Members and Affiliates agree that they will, in good faith, cooperate with and assist PermaGO, and to provide PermaGO with any information it deems relevant in order for PermaGO to take reasonable actions as may be necessary, in connection with any allegations or claims made by PermaGO Members relating to any Bridge or any personal or other property located at a Bridge, or with respect to any investigation undertaken by PermaGO or a representative of PermaGO regarding the use or abuse of the Site, Application and Services. If you are a PermaGO member, upon reasonable request by PermaGO, and to the extent you are reasonably able to do so, you agree to partake in a mediation process or a comparable resolution process with an affiliate, at no cost to you, which resolution process will be directed by PermaGO or a third party of PermaGO's choosing, with respect to any losses for which the affiliate is requesting payment from PermaGO.

  12. Code of Conduct

    See PermaGO's Code of Conduct at http://www.permago.com/static/conduct for detailed information.

  13. Privacy

    See PermaGO's Privacy Policy at http://www.permago.com/static/privacy_policy and for information and notices concerning PermaGO's collection and use of your personal information.

  14. Ownership

    The Site, Application, Services, together with the arrangement and compilation of the content, are protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing comprised on this site should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrights without the written consent of PermaGO. You acknowledge and agree that the Site, Application, and Services, including all associated intellectual property rights is the exclusive property of PermaGO and its licensors. 'permago.com,' 'PermaGO,' 'Iceberg,''NE1up4,' and any and all related logos, products and services described in our website are copyrighted materials. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Site, Application and Services without PermaGO's prior written consent.

  15. Application License

    Subject to the condition that you are fully compliant with the terms and conditions of these Terms, PermaGO authorizes and grants you a limited non-exclusive, non-assignable license to download and install a copy of the Application on a single mobile device, computer or computer tablet that you own or control and run such copy of the Application exclusively for your own personal use. Additionally, in regards to any Application obtained through the Apple App Store ('App Store Sourced Application') (defined below), you agree to only use the App Store Application: (a) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (b) as permitted by the 'Usage Rules' set forth in the Apple App Store Terms of Service. For all intents and purposes, PermaGO reserves all rights in the Application that is not explicitly authorized to you by and under these Terms.

    1. PermaGO Member Content License

      Subject to the condition that you are fully compliant with the terms and conditions of these Terms, PermaGO authorizes and grants you a non-exclusive, limited, and non-transferable license, to: (a) access and view any PermaGO Content entirely for your personal and non-commercial use and (b) access and view any Member or Passport Member Content to which you have been allowed to access, exclusively for your personal and non-commercial use. You have no right whatsoever to sublicense the license rights granted to you in this section.

      You will not transfer, publicly display, publicly perform, use, copy, adapt, modify, transmit, broadcast, distribute, license, sell, create work that is imitative of, or otherwise derive benefit from the Site, Application, Services or combined and shared content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication, estoppel, or otherwise under any intellectual property rights owned or controlled by Permago or its licensors, except for the licenses and rights expressly granted in these Terms. No licenses or rights are granted to you by implication, estoppel, or otherwise under any intellectual property rights owned or controlled by PermaGO or its licensors, except for the licenses and rights expressly granted in these Terms.

    2. PermaGO Member Content

      We reserve the right, in our sole discretion, to allow PermaGO Members to publish, upload, post, submit or transmit Member and Passport Member content. By causing any Member or Passport Member content to become available on or through the Site, Application and Services, you hereby authorize to PermaGO a worldwide, irreversible, continuous, non-exclusive, assignable, royalty-free license, with the right to sublicense, to sell, license, distribute, modify, access, broadcast, stream, transmit, publicly perform, adapt, copy, view, use, publicly display, transfer, and otherwise derive benefit from the Site, Application, Services or combined and shared content, except as expressly permitted in these Terms. PermaGO does not claim to hold any rights of ownership in any such Member or Passport Member content and nothing in these Terms will be construed to restrict any rights that you may have to use and derive benefit from any such Member or Passport Member content.

  16. Links

    Links to third-party websites or resources may be contained in the Site, Applications and Services. You understand, acknowledge and consent that PermaGO is not accountable or liable for: (a) the accessibility or accuracy of such third-party websites or resources; or (b) the content, products, or services on or available from such third-party websites or resources. Links to third-party websites or resources is not an indication or implication that PermaGO makes any endorsement of such third-party websites or resources or the content, products, or services available from such third-party websites or resources. You hereby confirm to PermaGO that you are solely responsible for and assume all the risk stemming from your use of any such third-party website or resources or the content, product or services made available by and from such third-party website or resources.

  17. Proprietary Rights Notices

    All trademarks, service marks, logos, trade names and any other proprietary designations of PermaGO contained on the Site, Application and Services are trademarks, service marks, registered trademarks and registered service marks of PermaGO. Any other trademark, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

  18. Copyright Policy

    See PermaGO's Copyright Policy at https://www.permago.com/static/copyright_policy for detailed information.

  19. Termination and Member Account Cancellation

    If we choose, in our sole discretion and without any obligation to you, with or without justification or reason, with or without prior notice and at any time: (a) terminate these Terms or your access to any part of the Site, Application and Services, (b) cancel or deactivate your Member Account and/or (c) revoke your PermaGO passport. Upon termination and/or revocation of your PermaGO passport, when applicable, PermaGO will promptly compensate you with any amounts we reasonably conclude we may owe you in our sole discretion, or which we are legally required to pay you. If the situation arises where PermaGO decides to terminate these Terms, or your access to our Site, Application and Services, or deactivates or cancels your Member Account, or revokes your PermaGO passport, you will be fully responsible for any remaining debts, balances, and amounts due hereunder as it relates to your Membership up until the moment of termination, or cancellation. At any time, you have the right to cancel your Member Account via the 'Deactivate Account' feature of the Services or by sending an email to support@permago.com. Furthermore, you acknowledge and understand that if your Member Account is cancelled, or your Passport is revoked, you may not make any claims, legal or otherwise, to any content that you have posted to our Site, Application and Services including, but not limited to, any photos, reviews, comments, or feedback, and likewise, you understand that PermaGO does not have any obligation to delete or return to you any such content that you have posted to the Site, Application and Services.

  20. Disclaimers

    PLEASE NOTE THAT IF YOU MAKE THE DECISION TO USE THE SITE, APPLICATION AND SERVICES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND, CONSENT, AND APPROVE THAT PERMAGO, IN OUR SOLE DISCRETION, MAY CONDUCT BACKGROUND CHECKS ON PERMAGO MEMBERS, BUT THAT PERMAGO DOES NOT HAVE AN OBLIGATION, LEGAL OR OTHERWISE, TO DO SO. PERMAGO'S SITE, APPLICATION, AND SERVICES ARE PROVIDED BY PERMAGO 'AS IS', AND FURTHERMORE, PERMAGO DOES NOT MAKE ANY CLAIMS TO ANY WARRANTY OF ANY KIND, EITHER EXPLICITLY OR IMPLICITLY. WITHOUT DIMINISHING ANY OF THE PREVIOUSLY DECLARED ABOVE, PERMAGO EXPLICITLY REFUTES AND REJECTS ANY GUARANTEES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT, AND ANY GUARANTEES RESULTING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. PERMAGO MAKES NO GUARANTEE THAT THE SITE, APPLICATION, SERVICES, CONTENT, INCLUDING, BUT NOT LIMITED TO, CLOUD ASSISTANCE, ICEBERG BOOK OR ICEBERG MEET, OR ANY OPTIONAL FEATURES OFFERED BY OUR AFFILIATES, WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR THAT IT IS AVAILABLE ON A NEVER-ENDING, PROTECTED, OR ERROR-FREE BASIS. PERMAGO MAKES NO GUARANTEE AS IT RELATES TO THE QUALITY OF ANY BRIDGES, CLOUD ASSISTANCE, THE PRODUCTS, ACCOMMODATIONS AND SERVICES OF ITS AFFILIATES OR ICEBERG PROVIDERS, PERMAGO MEMBER CONTENT OR THE CORRECTNESS, RELEVANCE, ACCURACY, ENTIRETY OR DEPENDABILITY OF ANY PERMAGO MEMBER CONTENT OBTAINED THROUGH THE SITE, APPLICATION, AND SERVICES. ANY WARRANTY THAT IS NOT EXPLICITLY MADE HEREIN SHALL NOT BE CREATED THROUGH PERMAGO OBTAINING ANY ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, THROUGH THE SITE, APPLICATION, AND SERVICES. COMMUNICATIONS AND DEALINGS WITH OTHER PERMAGO MEMBERS OR OTHER INDIVIDUALS THAT YOU ARE INTRODUCED TO AS A RESULT OF USING THE SITE, APPLICATION OR SERVICES IS ENTIRELY YOUR RESPONSIBILITY, AND YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT PERMAGO IS UNDER NO OBLIGATION TO MONITOR ANY COMMUNICATIONS OR CORRESPONDENCE BETWEEN YOU AND ANY SUCH MEMBERS OR NON-MEMBERS. YOU UNDERSTAND THAT YOU MUST TAKE REASONABLE SAFEGUARDS IN YOUR COMMUNICATIONS AND DEALINGS WITH OTHER PERMAGO MEMBERS OR OTHER INDIVIDUALS THAT YOU ARE INTRODUCED TO AS A RESULT OF USING THE SITE, ESPECIALLY IF YOU DECIDE TO ORGANIZE A MEETING OFFLINE, AND IN PERSON, WITH ANY SUCH PERMAGO MEMBERS OR NON-MEMBERS, AT A PERMAGO AFFILIATE BRIDGE, OR AT ANY GENERAL MEETING PLACE NOT AFFILIATED WITH PERMAGO WHATSOEVER. DISCOUNTING PERMAGO'S ROLE AND LIMITED CAPACITY TO SERVE AS AN AGENT, EVENT AND BUSINESS FACILITATOR BETWEEN PERMAGO MEMBERS AND ICEBERG PROVIDERS FOR THE PURPOSE OF PROVIDING LODGING ACCOMMODATION BOOKING SERVICES, AND BETWEEN PASSPORT MEMBERS AND PERMAGO AFFILIATES, FOR THE PURPOSE OF PROVIDING VIRTUAL ASSISTANCE FOR OUR PASSPORT MEMBERS, PERMAGO EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY CONDUCT, BEHAVIOR, OR INACCURACIES OF ANY PERMAGO MEMBER, PERMAGO AFFILIATE, ICEBERG PROVIDER OR OTHER THIRD PARTY.

    In the event of any issues arising from your Booking, such as with the quality of accommodations offered by and with an Iceberg Provider, we expect you to contact them directly, and make an earnest attempt to resolve any issues you have. For issues arising from a booking you have made using BOOK, please contact us directly at: support@icebergbook.com.

  21. Limitation of Liability

    YOU ACCEPT, RECOGNIZE AND CONCUR THAT, TO THE GREATEST EXTENT ALLOWED BY LAW, ALL THE POSSIBLE RISKS ASSOCIATED WITH YOUR USE AND ACCESS TO PERMAGO'S SITE, APPLICATION AND SERVICES, AND ANY INVOLVEMENT YOU MAY HAVE WITH OTHER PERMAGO MEMBERS AS A RESULT OF YOUR USE AND ACCESS, WHETHER ONLINE OR OFFLINE, SOLELY BELONGS AND RESTS WITH YOU. NEITHER PERMAGO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, AND APPLICATION WILL BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERMAGO MEMBERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER NON-MEMBERS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, OR FROM YOUR USE OF OR LODGING IN ANY PERMAGO BRIDGE OR WITH AN ICEBERG PROVIDER VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERMAGO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED CURE SET FORTH HEREIN IS DETERMINED TO HAVE FAILED OF ITS INTENDED PURPOSE. IN NO EVENT WILL PERMAGO'S TOTAL LIABILITY STEMMING FROM OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM A RESERVATION OF A TRIP PACKAGE OR A BOOKING YOU HAVE MADE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, AND IN CONNECTION WITH ANY RESERVATION, BOOKING OR DEALINGS WITH ANY OTHER PERMAGO MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID TO USE PERMAGO'S SERVICES VIA THE SITE, APPLICATION AND AS A PERMAGO MEMBER IN THE TWO (2) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR EIGHT HUNDRED AND EIGHTY-EIGHT DOLLARS ($888), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE RESTRICTIONS OF COMPENSATION SET FORTH ABOVE ARE PART OF THE ESSENTIAL, BASIC COMPONENTS OF THE CONTRACT BETWEEN PERMAGO AND YOU. IN CERTAIN JURISDICTIONS IN WHICH THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS EXPLICITLY PROHIBITED, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  22. Indemnification

    You fully consent to release, protect, indemnify, and hold PermaGO and PermaGO's affiliates, subsidiaries, officers, directors, employees and agents, harmless from and against any accusations, assertions, responsibilities, damages, losses, and incidental costs, including, without limitation, reasonable legal and accounting fees, stemming from or in any way related with: (a) your access to or use of the Site, Application, and Services, or your violation of these Terms; (b) your Member or Passport Member Content; (c) your interaction with any Member or Passport Member; (d) your reservation of Cloud Assistance; (e) your lodging reservation with Iceberg Providers; (f) your reservation of optional features; (g) the use of, lodging in, or condition of a PermaGO Bridge by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a reservation or use of a Bridge.

  23. Export Control and Restricted Countries

    You agree that you will not use, export, re-export, import, or otherwise transfer the Application except as permitted by the laws of the United States, the laws of the jurisdiction in which you acquired the Application, and any other applicable laws. The Application may not be exported or re-exported, especially, but without limitation: (a) into any country that the United States has embargoed; or (b) to any individual on the U.S. Department of Commerce's Denied Person's List or Entity List or the U.S. Treasury Department's list of Specially Designated Nationals. Furthermore, you represent and warrant that by using the Site, Application and Services, you are not listed on any U.S. Government list of prohibited or restricted parties. You will not use the Site, Application and Services for any purpose forbidden or is illegal under U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Under no circumstances will PermaGO allow, endorse, or approval the membership of any individual on the U.S. Department of Commerce's Denied Person's List or Entity List or the U.S. Treasury Department's list of Specially Designated Nationals. Due to inaccurate, insufficient, or altogether misleading information during your registration, if you have been approved by PermaGO for a Member Account, and/or PermaGO Passport, you agree to immediately notify PermaGO, and cease all use of the Site, Application, and Services. All existing reservations will be rendered invalid, and PermaGO reserves all rights to take appropriate legal remedies, including but not limited to, alerting legal authorities and assisting in any investigation thereof.

  24. Accessing and Downloading the Application from iTunes

    The following applies to any Application accessed through or downloaded from the Apple App Store ('App Store Sourced Application'):

    You understand, accept and concur that (a) these Terms are decided between you and PermaGO only, and not Apple, and (b) PermaGO, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

    You recognize that Apple has no duty or requirement whatsoever to provide any maintenance and support services with respect to PermaGO's App Store Sourced Application.

    In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between PermaGO and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PermaGO.

    You and PermaGO acknowledge that, as between PermaGO and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (a) product liability claims; (b) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

    You and PermaGO acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between PermaGO and Apple, PermaGO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

    You and PermaGO acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

    Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

  25. Reporting Misconduct

    If you come in contact with any Member, Passport Member or non-member, Iceberg Provider or PermaGO affiliate whom you feel is behaving or has behaved inappropriately, including but not limited to, any individual who (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, we fully encourage you to immediately report such individual to PermaGO by contacting us with details at support@permago.com, or contacting the local authorities in extreme cases where time is of the essence, and according to your own sound judgment. Upon notice of the issue(s), PermaGO may choose to conduct an independent investigation and furthermore, may elect to notify the appropriate authorities in order to file an official police report.

  26. Entire Agreement

    These Terms constitute the entire and exclusive understanding and agreement between PermaGO and you regarding the Site, Application, Services, Member Content, Passport Member Content, lodging reservations with Iceberg Providers, and any reservations of Cloud Assistance and Optional Features made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PermaGO and you regarding reservations of Cloud Assistance and Optional Features, the Site, Application, Services, and PermaGO Member Content.

  27. Assignment

    You may not assign or transfer these Terms, by operation of law or otherwise, without PermaGO's prior written approval. Any attempt by you to assign or transfer these Terms, without such approval, will be null, voided and of no effect. However, PermaGO may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  28. Notices

    Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PermaGO (a) via email (in each case to the email address that you provide) or (b) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

  29. Controlling Law and Jurisdiction

    These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and PermaGO agree to submit to the personal jurisdiction of a state court located in New York City, New York or a United States District Court, Southern District of New York located in New York City, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

  30. Dispute Resolution

    You and PermaGO agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services, including the use of any Optional Features, or use of the Site or Application (collectively, 'Disputes') will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and PermaGO are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. You acknowledge and agree that you will not conspire, gather reconnaissance or conduct espionage with any third party organization or entity for any purpose, and in the event that you have violated any of the foregoing terms specific to this 'Dispute Resolution' section, you shall be liable for all damages and losses incurred by your collaboration, participation and conduct in the conspiracy to inflict harm, impair, injure, deceive, mislead or damage the reputation of PermaGO, its Affiliates, Members, Directors, Officers or other representatives. Further, unless both you and PermaGO otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this 'Dispute Resolution' section will be deemed void. Except as provided in the preceding sentence, this 'Dispute Resolution' section will survive any termination of these Terms.

  31. Arbitration Rules and Governing Law

    The arbitration will be administered by the American Arbitration Association ('AAA') in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the 'AAA Rules') then in effect, except as modified by this 'Dispute Resolution' section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    1. Arbitration Process

      A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

    2. Arbitration Location and Procedure

      Unless you and PermaGO otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and PermaGO submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

    3. Arbitrator's Decision

      The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the 'Limitation of Liability' section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. PermaGO will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

    4. Fees

      Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, PermaGO will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

  32. Changes

    Notwithstanding the provisions of the 'Modification' section above, if PermaGO changes this 'Dispute Resolution' section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@permago.com) within 30 days of the date such change became effective, as indicated in the 'Last Updated Date' above or in the date of PermaGO's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PermaGO in accordance with the provisions of this 'Dispute Resolution' section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  33. Feedback

    Here at PermaGO, our goal is to nurture happy people by fostering fun and providing our global society of members an online and physical platform to communicate, meet and share in new experiences. In order to build this global society in which all of our members may benefit, we encourage the submission of feedback, comments or suggestions to the Site, Application and Services ('Feedback'). You confirm your understanding and consent that any and all feedback will be the sole and exclusive property of PermaGO and you hereby irreversibly transfer to PermaGO all of your right, title, and interest in and to all Feedback, including without any limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At PermaGO's request and expense, you will execute documents and take such further acts as PermaGO may reasonably request to assist PermaGO in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.