These Terms and Conditions contain important information about participating in a Money Fomo Program (as defined below), and/or using the website, applications, or any other services (collectively the “Services”), offered by Money Fomo, Inc. (collectively with its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, and assigns referred to herein as “Money Fomo”), including future changes to these Terms and Conditions
, limitations of liability
, a class action waiver
, and resolution of disputes by arbitration
instead of in court.
For you to have the BEST possible experience, it’s important that you (“you”, “your,” or “participant”) understand your rights and obligations vis à vis Money Fomo. More importantly, by joining us and using our Services you are agreeing to these Terms and Conditions as a legally binding contract, so read this carefully and let us know if you have any questions!
We have included notes in boxes (like this one) throughout the Terms and Conditions where we thought some additional explanation might be helpful. Think of them as marginalia intended to make the legalese easier to understand.
1. Important Notice to Participants
- 1.1 Acceptance. By accepting your invitation to participate in Money Fomo you are: (a) certifying that you are an adult with full authority to enter into this contract; (b) certifying that you have read and understand and accept these Terms and Conditions; and, (c) agreeing that these Terms and Conditions constitute a binding contract governing your rights as a participant and the relationship between you and Money Fomo.
- 1.2 Disclaimer. Money Fomo makes no verbal or written representation, warranty or agreements with respect to any Money Fomo Program or participation or the Services, and Money Fomo's responsibilities and liabilities are expressly limited as provided in these Terms and Conditions.
- 1.3 Changes. We are constantly trying to improve Money Fomo, so these Terms and Conditions may need to change. We reserve the right to change the Terms and Conditions at any time, but if we do, we will bring it to your attention by placing a notice on moneyfomo.com, by sending you an email, and/or by some other means. Please review all updates, as once the Terms and Conditions have been updated your continued participation in a Money Fomo Program and/or use of the Services will constitute acceptance of the updated terms. If you don’t agree with the new Terms and Conditions, you are free to reject them; unfortunately, except as otherwise provided herein, that means you may no longer be able to use certain (or potentially all) of the Services.
2. The Services
- 2.1 General. Money Fomo provides travel programs of varying lengths for remote workers, as well as programs not limited to remote workers, as outlined on its websites (www.moneyfomo.com and http://moneyfomo.com/destinations) (“Money Fomo Program” or “Program”). (For the sake of clarity, “Money Fomo Program” or “Program” as defined in this document includes twelve month programs, four month programs, six month programs, one month programs, other length programs that Money Fomo may provide, and special opportunities made available to some participants who have completed twelve, six, four, one, or other set length programs that Money Fomo may provide, sometimes referred to as Citizens programs or Global Access programs, and in some circumstances their guests.) Money Fomo also provides local experiences, side trips, community events, and other services for Money Fomo participants as outlined on its Marketplace website (https://marketplace.moneyfomo.com) (“Marketplace Services”). Money Fomo may organize and negotiate trip, housing, and program arrangements that are provided by independent third party providers (“Other Providers”). When provided by such Other Providers, Money Fomo acts only as an arranger, and all services provided in connection with, before, during or after a trip, including but not limited to housing and transportation, are provided, owned and operated by Other Providers, whose employees, facilities, vehicles or vessels, products and services are not subject to Money Fomo's supervision or control. The Other Providers are solely responsible and liable for providing their respective products, provisions and services, unless otherwise specified. Money Fomo is not their agent and is not responsible for their actions or inaction. The responsibility of Money Fomo in connection with your Program is strictly limited. Money Fomo makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of the products and services provided by Money Fomo or any Other Provider and any transportation, tours, services, products or facilities provided by Other Providers.
- 2.2 Your Account. You may be required to sign up for an account, and select a password and user name (“Money Fomo User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Money Fomo User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
- 2.3 Communications. You may receive communications from Money Fomo, including messages that Money Fomo sends you (for example, via email, phone call, SMS, and/or text message). BY SIGNING UP FOR THE PROGRAM OR USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM REMOTE YEAR, AND YOU REPRESENT AND WARRANT THAT EACH PERSON FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER AND/OR EMAIL ADDRESS HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM REMOTE YEAR. By providing us with your wireless phone number, you confirm that you want Money Fomo to send you information we think may be of interest to you, which may include Money Fomo using automated dialing technology to text or call you at the wireless number you provided. You agree to indemnify and hold Money Fomo harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
- 2.4 Disclaimer. Money Fomo and its designated travel program team members are not liable for, and you waive any claim for: (A) any damage to, or loss of, property or injury to, or death of, persons suffered during a Program, whether or not occasioned directly or indirectly by an act or omission of Money Fomo or any Other Provider, including but not limited to any latent or undisclosed defect in any aircraft, watercraft, vehicle, hotel, apartment, workspace or other service or property operated or provided by Money Fomo or any Other Provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by Money Fomo or the Other Providers, or any negligent or willful act or failure to act of Money Fomo or any Other Provider or of any other third party, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by Acts of God, strikes, fire, flood, war, rebellion, conflict & unrest, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Money Fomo and/or its designated travel program team members for any such loss, damage, injury, or death and assume the risk of Money Fomo's negligence.
- 2.5 Activity Release. To the extent you engage in any activities in connection with the Program or any other Services, you acknowledge that you have voluntarily elected to participate in such activities. You further acknowledge and agree that the activities are voluntary recreational activities and that no officer, supervisor or other employee of Money Fomo is requiring you to engage in the activity. You are aware that there are risks and hazards associated with the activities and voluntarily assume all risk of loss, damage or injury to person or property which may arise from or is related to your engaging in the activities, whether such risk is known or unknown to you. You are agreeing to this release in lieu of executing additional waivers in connection with such activities, but agree that you may be required by Money Fomo or third parties to execute additional written waivers. The benefits of such waivers shall apply equally to Money Fomo and shall not limit the waivers or release herein. You hereby release Money Fomo and all entities associated with Money Fomo and agree not to sue or bring any proceeding against any of the same for any actions, claims or demands that you, your assignees, heirs, distributees, guardians and legal representatives now have or may hereafter have for injury or damages resulting from your engaging in the activities.
- 2.6 Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL REMOTE YEAR BE LIABLE TO YOU, YOUR EMPLOYER, YOUR CLIENT(S) OR POTENTIAL CLIENT(S), YOUR GUESTS/VISITORS, OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE OR DELAYS, REGARDLESS OF WHETHER REMOTE YEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CHANGE IN YOUR EMPLOYMENT STATUS AS A RESULT OF PARTICIPATING, OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID BY YOU TO REMOTE YEAR IN CONNECTION WITH THE PROGRAM OR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO YOU IN PART. In connection with your trip, Money Fomo shall not be liable to you for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.
- 2.7 Assumption of Risk. Money Fomo Programs travel to a large number of countries around the world. In joining Money Fomo, you agree to assume responsibility for your own safety, and you acknowledge that we cannot guarantee your safety at any time. Local conditions, including but not limited to infrastructure, road conditions, medical care, plumbing, agriculture, sanitation, building codes, safety, and security, may differ significantly from those found in the United States or your home country, as applicable. At any given moment there may be "trouble spots" in the world in terms of war, terrorism, conflict, unrest, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specific cities and countries according to such agency's perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. Money Fomo assumes no responsibility for gathering such information or providing it to you.
- 2.8 Itinerary Changes. Money Fomo and the travel program team members reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants. Every reasonable effort will be made to operate Programs as planned, but alterations may still occur after final itineraries are sent.
- 3.1 General. Money Fomo reserves the right in its sole discretion to accept, decline to accept, or remove any participant or guest on a Money Fomo Program or any part thereof at any time. Money Fomo reserves the right to expel any participant from a trip or remove a participant from a vessel, vehicle, event, activity, workspace, or accommodations for any reason, including, but not limited to, lack of payment or if we deem it necessary for the comfort, convenience or safety of the other participants, including if your behavior is deemed to cause or be likely to cause danger to yourself or danger, distress or annoyance to other participants, if we reasonably determine your condition would adversely affect your health, safety or enjoyment, or that of other participants, or if we determine you have engaged in illegal actions. Money Fomo reserves the right to alert the police and/or local authorities if your behavior is deemed to cause or be likely to cause danger to yourself or other participants, if we reasonably determine your condition would adversely affect your health or safety or that of other participants. If we remove you from a trip in progress or remove you from a vessel, vehicle, event, activity, workspace, or accommodations, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your participation and you will be responsible for that month’s fee in its entirety and your travel costs as you leave the Program.
- 3.2 Employment. Certain Money Fomo Programs are “remote work and travel” programs, and as such they have requirements related to your work situation. If your Money Fomo Program is a remote work and travel program, each participant shall be required to have work throughout the entirety of the Program and is solely and individually responsible for securing and maintaining a job that can be performed remotely throughout the duration of the Program. Freelancers, contractors, entrepreneurs, and people engaged in ongoing education may be eligible to join remote work and travel programs. In the event that a participant loses his or her job during remote work and travel program, he or she will be responsible for finding a new job and continuing to pay his or her monthly fees on time. The determination of whether your work fulfills the requirements of this section is within Money Fomo’s discretion.
- 3.3 Background Check. Money Fomo reserves the right to do background checks and to consider the results of said background checks in determining the eligibility of an applicant.
- 3.4 Documentation / Visas. Participants are responsible for obtaining any documents required for their participation in the trip, such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the Terms and Conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility. Money Fomo is not a legal advisor or a professional advisor and it does not provide guidance on visa processes.
- 3.5 Taxes and Other Charges. Participants are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments, in their home country and associated with their participation in the Program or use of the Services, provided that Money Fomo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. Money Fomo is not a tax advisor or a professional advisor and it does not provide tax guidance.
- 3.6 Illegal Activity. All participants are expected to abide by the laws in each country visited. If at any point during the Program you perform or engage in any illegal activity, Money Fomo is not responsible for legal ramifications of that action, and you may be removed from the Program at your own cost, and without refund to you. Money Fomo has no responsibility or obligation to notify participants of all applicable local laws.
4. Payments, Cancellations, and Refunds
- 4.1 General. The payment terms and cancellation and refund policies are as set forth in Money Fomo’s Payment Policies (“Payment Policies”). For clarity, the Payment Policies that are in effect upon your acceptance into a Money Fomo Program shall apply for the duration thereof, notwithstanding updates hereto. However, should you finish a specific Money Fomo Program and choose to enter another Money Fomo Program (friendly reminder, the definition of “Money Fomo Program” in this document includes Citizen and Global Services programs), the most up to date Payment Policies will apply.
- 4.2 Billing. We use various third-parties for billing, payment processing, and financing options (“Third Party Processors”). The Third Party Processors use and store the financial information you provide, and the processing of payments and billing will be subject to the terms, conditions and privacy policies of the Third Party Processors in addition to these Terms and Conditions. We are not responsible for error by the Third Party Processors. By choosing to participate in a Money Fomo Program, you agree to pay us, through Third Party Processors, all charges at the prices then in effect for the Program in accordance with the applicable payment terms and you authorize us, through the Third Party Processors, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Third Party Processors make even if it has already requested or received payment.
- 4.3 Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, lender, credit card issuer or other provider of your chosen Payment Method. If we, through the Third Party Processors, do not receive payment from you, you agree to pay all amounts due upon demand.
- 4.4 Recurring Billing. You acknowledge that Money Fomo Programs may have an initial and recurring payment feature and you accept responsibility for all recurring charges. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL [email protected]. (If you’re terminating authorization because of an early departure, along with notifying [email protected], please also follow the early departure instructions in Money Fomo’s Payment Policies.) Your continued participation in the Program or use of the Services reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. We do not waive our right to seek payment directly from you, and we reserve the right to enlist a third party to seek collections, should we deem such action necessary.
Note: Currently, monthly invoices are generated and participants self-initiate payment. However, for Down Payments paid on a payment plan, we may utilize recurring billing to collect the agreed upon amount.
- 4.5 Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING INFORMATION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE SENT TO [email protected] IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU YOUR MONTHLY FEES UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE AND/OR IN REMOTE YEAR’S PAYMENT POLICIES.
5. Health & Medical
- 5.1 Health Requirements. By registering for a Money Fomo Program and/or using the Services, you certify that you do not have any mental, physical, or other condition or disability that would create a hazard for yourself or other participants. Participants must be in good physical and mental health. Any condition (physical or mental), diet, or treatment requiring special attention must be reported in writing in the Personal Information Survey to take place at the beginning of the on-boarding process. Money Fomo encourages participants to consult a doctor for specific medical advice related to any activities or destinations. Money Fomo reserves the right to request that a participant obtain medical consent prior to departure as a condition of participation, and/or after a trip has begun as a condition of continued participation, should Money Fomo deem it necessary to do so.
- 5.2 Medical Authorization and Coverage. During your Program, the availability of medical care may be limited or delayed. You acknowledge that all or part of your Program may be in areas where medical care and evacuation may not be available. In the event a participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the trip who can direct the participant’s care, and Money Fomo is unable or does not have time to contact a participant’s emergency contact, the participant, by agreeing to these Terms and Conditions, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, calling an ambulance, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of a licensed physician deemed competent to render the necessary care. In addition, by agreeing to these Terms and Conditions participant certifies that he or she has medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.
- 5.3 Emergency Contact. Money Fomo reserves the right to contact your stated emergency contact for any reason related to your health or safety.
6. Photographs, Video & Content
- 6.1 License Grant. Money Fomo reserves the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.
- 6.2 Representations and Warranties. Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.
- 6.3 Social Media. Additionally, by joining a Money Fomo Program and/or using the Services, you grant Money Fomo a royalty-free irrevocable license to re-post or use for any purpose, any image or video including the #remoteyear the #RY or any written content (blog posts and articles) regarding Money Fomo that you post on the internet and/or social media. We will always provide attribution. If you do not want to grant this specific right to Money Fomo, please opt out by contacting: [email protected]
Note: In plain English, paragraph 6.3 doesn't mean that Money Fomo will "own" the content going forward. As the author of the content, you’ll still own it and you can do with it what you want. What paragraph 6.3 creates (unless you opt out) is an irrevocable (no take-backs!), royalty free (no compensation will be provided), right to use the content. We LOVE the content our participants post during their Money Fomo experiences and we reserve the rights mentioned above because it allows us to share your amazing photos, videos, and written content with a wider audience without going through the cumbersome process of asking for permission each and every time.
- 7.1 Time Limitation for Legal Action. Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with the Program or Services, or against Money Fomo must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.
Note: We’re not very litigious. You don’t seem like you are either. Then again, we don’t know each other that well yet. In case we’re wrong about your level of litigiousness, (yes, “litigiousness” is a real word), these next few clauses govern your options should you want to make a claim against us. (Your safety and enjoyment are top priorities, so we hope it doesn’t come to this.)
PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH REMOTE YEAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- 7.2 Agreement to Arbitrate. You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your Program, the Services, or against Money Fomo, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
- i. Arbitration Fees. The JAMS rules will govern payment of all arbitration fees. Money Fomo will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- ii. Small Claims Court. Either you or Money Fomo may assert claims, if they qualify, in small claims court in Wilmington, Delaware or any United States county where you work or live.
- iii. Opt Out. You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address: Money Fomo, Inc., Attn: Legal Department, 3500 S DuPont Hwy, Dover, DE 19901, USA, postmarked within 30 days of first accepting these Terms and Conditions. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms and Conditions’ arbitration agreement.
- iv. Exclusive Venue. The arbitration shall be held in Chicago, Illinois, to the exclusion of any other forum, regardless of where the claim arose, and you consent to jurisdiction and waive any objections to arbitration proceeding in Chicago, Illinois. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these Terms and Conditions are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Chicago, Illinois. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason or if you send the opt-out notice mentioned above, then and only then, the provisions of section 7.4 below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.
- v. Deposition. You and Money Fomo further agree to permit the taking of a deposition under oath of the participant asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.
- 7.3 Waiver of Jury Trial. Neither party will have the right to a jury trial or to engage in pre-arbitration discovery, except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. You and Money Fomo are instead choosing to have claims and disputes resolved by arbitration. The arbitrator’s decision will be final and binding. Other rights that you or we would have in court also may not be available in arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Money Fomo over whether to vacate or enforce an arbitration award, YOU AND REMOTE YEAR WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- 7.4 Forum and Choice of Law. Any and all claims or disputes relating to or in any way arising out of or connected with this contract the Program or the Services against Money Fomo and not subject to arbitration under the language above shall be litigated, if at all, in and before the courts of the State of Delaware, U.S.A., to the exclusion of the courts of any other state and country. Any claim or dispute relating to, arising out of or connected with your Program, the Services, and provision of services other than on a vessel, whether subject to arbitration or otherwise, shall be governed by the laws of the state of Delaware without regard to conflict of law principles. Any claim or dispute relating to, arising out of or connected with any vessels, whether subject to arbitration or otherwise, shall be governed by the general maritime law of the United States, and if not inconsistent, the laws of the state of Delaware without regard to conflicts of law principles.
- 7.5 Class Action Waiver. THESE TERMS AND CONDITIONS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY A PARTICIPANT INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH PARTICIPANT EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING PARTICIPANT TO PARTICIPATE IN A CLASS ACTION. If a claim is subject to arbitration under the arbitration clause above, the arbitrator shall have no authority to arbitrate claims on a class action basis. Each participant agrees that this class action waiver shall not be severable under any circumstances from the arbitration clause set forth in the arbitration above, and if for any reason this class action waiver is unenforceable as to any particular claim, then and only then such claim shall not be subject to arbitration.
- 7.6 Indemnification. If requested by Money Fomo, you will defend, indemnify, and hold harmless Money Fomo from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by Money Fomo in connection with any claim by a third party arising out of or in any way related to: (1) your use of accommodations or workspace provided for you, or your actions during a Money Fomo event; (2) your violation or alleged violation of these Terms and Conditions or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and an Other Provider. You must not settle any such claim or matter without the prior written consent of Money Fomo. Money Fomo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims. Both you and Money Fomo acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms and Conditions, Money Fomo’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms and Conditions, and that upon your acceptance of these Terms and Conditions, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as the third party beneficiary hereof.
- 8.1 Severability. If it turns out that any part of these Terms and Conditions are invalid, void, or unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary and shall not affect any other terms or negate the validity of the rest of this agreement, which shall remain in full force and effect.
- 8.2 Entire Agreement. These terms, any and all language directly linked to within these terms, and any official Money Fomo policies and waivers (e.g. the Code of Conduct, Money Fomo’s Payment Policies, Money Fomo’s Activity Waiver, and Money Fomo’s Travel, Accommodation, Workspace, and Tech Policies), constitute the entire and exclusive agreement between you and Money Fomo relating to the subject matter of these Terms and Conditions, and these Terms and Conditions supersede all prior or contemporaneous communications or proposals relating to the subject matter of these Terms and Conditions.
- 8.3 Assignment. You cannot assign, transfer or sublicense these Terms and Conditions, or your acceptance into a Money Fomo Program, or any accommodations, workspace seats, or services provided as part of a Money Fomo Program, without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. You hereby acknowledge and agree that these Terms and Conditions do not create any agency, partnership, joint venture, or employment relationship between you and Money Fomo, and neither party has any authority to bind the other in any respect.
- 8.4 Confidential Information. Throughout the course of your participation in a Money Fomo Program or while using the Services, you may be exposed to information, Money Fomo vendors, Other Providers, documents, trade secrets, processes, and procedures that are confidential, proprietary to, and/or the intellectual property of Money Fomo (collectively “Confidential Information”). You hereby agree that you will not: (i) collect and/or copy Confidential Information for any use outside of the enjoyment of your Money Fomo trip; (ii) disseminate or publish Confidential Information; or, (iii) use Confidential Information to harm or compete with Money Fomo.
- 8.5 Force Majeure. Sometimes things come up that are outside of our control. You acknowledge and agree that we are excused from any delay and will not liable for any failure to perform any of our obligations stated in these Terms and Conditions if the failure is caused by something that is reasonably beyond our control, including but not limited to, war, earthquakes, fire, flood, explosions, terrorist attacks, government action, or extreme weather.
- 8.6 Waiver. If we do not enforce any part of these Terms and Conditions, it shall not be deemed a waiver of any further rights hereunder, and does not mean we give up the right to later enforce that part or any other part. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- 8.7 Travel Insurance. You must have adequate travel insurance in order to participate in a Money Fomo Program. Money Fomo may provide information about insurance options and references to trusted insurance partners during onboarding, however, you alone are responsible for securing said insurance and Money Fomo may or may not require you to present proof of said insurance.
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