Access to the Services. The Company makes certain services (“Services”) available via the website to parties who have registered with Company. Access to the website and the Services is governed by this Agreement. The Services may include any help desk system and related support services. Any new features which augment or enhance the current Services are also governed by this Agreement. The Company reserves the right at any time to change or discontinue access to the Services via the website with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any access via the website to the Services. The Services and the suggestions for travel, lodging, and related services are provided as advisory only. You are free to modify the travel, lodging, and related services in any manner, and you agree to waive and hold harmless Company from any damages or losses that you may incur related to your use of any travel, lodging, or related services made available to you through the use of the Services.
Communications. When you access the website, you are communicating with us electronically. You consent to receive communications from us electronically regarding your use of the website. We may communicate with you by e-mail or by posting notices on the website. Any comments, materials, or letters sent by you to the Company, including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), may be deemed by the Company to be non-confidential and free of any claims of proprietary or personal rights. The Company shall have no obligation of any kind with respect to such Received Materials, and the Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.
Access and Fees. You are responsible for obtaining online access to the Services, which may require transacting with third parties, such as internet providers. Access may be terminated for failure to comply with any of the provisions of the Agreement.
License and Website Access and Limitations. The Company hereby grants you, subject to the terms of this Agreement, a limited non-exclusive, non-sublicensable, non-transferable, license to use the website and the Services. You may not use any data mining, robots, or similar data gathering tools or otherwise exploit your access to the website or Services for any purpose other than to organize and coordinate travel and lodging arrangements, as contemplated by this Agreement. You may not use any of the trademarks, logos, or other proprietary graphics without express written permission, which may denied in the Company’s absolute discretion. The Company’s logos and Service names are trademarks of the Company. All other trademarks appearing on the website or in connection with the Services are trademarks of their respective owners, and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. You may not attempt to disassemble, decompile, reverse engineer, or otherwise modify or attempt to access for such purposes any portion of the website, related software or code, or the Services.
Regulatory Compliance. You are responsible to comply with all governmental restrictions, regulations, and laws applicable to your use of the website and the Services. You are also responsible to comply with all governmental restrictions, regulations, and laws.
Copyright Notice. If you are a copyright owner and believe that any content appearing on the website has been copied in a way that infringes upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the copyright agent named below:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
The exact URL or a description reasonably sufficient to permit the Company to locate where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent. Please email Andrew Lee at email@example.com
Copyright Procedure. Upon receipt of the written notification as outlined above, we will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person.
Links. Company may provide links to other websites or resources. Because Company has no control over such websites and resources, you acknowledge and agree that Company is not responsible for the availability or content of such external sites or resources. You may create a link to the website so long as the link does not portray Company or its services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of the Company’s logos, trademarks, or other proprietary graphics as part of your link.
Copyright and Title. The website, Services and all copyrights, trade secrets and other proprietary rights therein, including any derivative work, are, and will remain the sole property of the Company, regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws. The terms of the Agreement confer no title of ownership in the Services and are not a sale of any rights in the Services, including any intellectual property rights related thereto.
Company’s Intellectual Property Warranty. The Company warrants that the website does not infringe the intellectual property rights of any third party and agrees to hold you harmless and indemnify you with respect to any final judgment obtained by a third party based on a claim that the website infringes on the intellectual property rights of such third party, provided that you give Company immediate written notice of any such claim.
Disclaimer of Warranty. EXCEPT AS EXPRESSLY SET FORTH ELSEWHERE IN THIS AGREEMENT, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF THE WEBSITE, THE SERVICES, OR ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES, AND YOU AGREE TO HOLD COMPANY FROM AND AGAINST ANY SUCH CLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. Because some jurisdictions may not allow the exclusion of implied warranties, such limitation may not apply in its entirety to Licensee.
Limitation of Liability. IN NO EVENT WILL COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF WEBSITE, EITHER INDEPENDENTLY OR IN CONNECTION WITH YOUR USE OF THE SERVICES, (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF $2,000. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE FEES HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.
Gift Card Rewards Program. Certain users are eligible to earn points (“Points”) for then-available Gift Cards or other rewards. Points will be deposited into a virtual account with TRIPFIX, which you can access on the Website. Subject to restrictions on redemption of credits, if any, provided to you in connected with the booking wherein you earned points, you can redeem points for Gift Cards from your choices available, as selected at our discretion. Following redemption, we will email a “virtual gift card” (consisting of a redemption code number). Please allow 4-6 weeks for delivery. All Gift Cards are subject to the Gift Card Supplier’s terms and conditions of redemption and usage so Administrator or Traveler should be aware that limitations may apply. The value of any Gift Cards may constitute taxable income to you. Please consult your tax advisor, as neither we, nor our affiliates, provide tax advice. TRIPFIX reserves the right to require any Administrator or Traveler to use the Points as permitted above on no less than thirty (30) days’ written notice in writing to the Administrator or Traveler. If the Administrator or Traveler does not use Points by the date specified in such notice, TRIPFIX reserves the right to void all Points associated with the account. Points accrued have no cash or monetary value and cannot be exchanged for cash in any form. Administrator or Traveler cannot transfer any points to another person. If you cancel, change, or fail to pay for a booking, Points associated with the booking will be voided. If your booking or account shows signs of fraud, abuse or suspicious activity or non-compliance with the Terms, we reserve the right to cancel any travel or service reservations associated with your name, email address or account, remove or cancel any Gift Card and Points associated with such travel or service reservations, and close any associated accounts.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the United Nations Convention on the International Sales of Goods. The Parties hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of California and do hereby waive any objection based on jurisdiction, venue, or forum inconveniens.
Attorney Fees. In case of an action to enforce any rights or conditions of the terms of the Agreement, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
Entire Agreement; Amendment. The terms of this Agreement are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to your use of the website; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties; provided that the Company may revise the terms of this Agreement for any transactions occurring after the promulgation of such new terms.
Non-Waiver. No waiver of any provision of the terms of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of the terms shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.
No third-Party Beneficiaries. Nothing in the terms of this Agreement, express or implied, is intended to confer on any person, other than the parties to the terms, any right or remedy of any nature whatsoever.
Assignment. You may not assign the benefits or obligations of this Agreement without written consent, which shall not be unreasonably withheld. Company may assign this Agreement without your permission.
Severability; Binding Effect. If any provision of the terms of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of the terms shall not be impaired. The terms shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.
Force Majeure. The Company will not be liable for, or be considered to be in breach of or default under the terms of this Agreement on account of, any delay or failure to perform as required by the terms as a result of any cause or condition beyond the Company’s reasonable control.
Indemnification. In addition to the other remedies provided in this Agreement, you agree to defend, indemnify and hold the Company harmless from and against any cost, expense, fee, judgment, ruling, allegation, governmental action, or claim, including attorney fees and court costs, related to or arising out of (1) a claim that the services of a third-party provider, such as a hotel, airline, transportation provider, rental agency, or other organization or entity accessed through your use of the Services caused you or any third party damages of any nature, (2) a claim by a third party related to the content, accuracy, or currency of the information you provide through your use of the website, (3) any failure by you to comply with any regulation, law or other requirement imposed upon you by any governmental authority, or (4) breach by you of any warranty or representation made by you in this Agreement or of any of the terms of this Agreement.