PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THIS SITE
By choosing to use CompareYourFare.com ("Site") you signify your binding agreement
to these Terms. We reserve the right, in our sole discretion, to change, modify,
add, or remove portions or all of these Terms at any time. Your continued use of
the Site following the posting of changes to these Terms (including our "Privacy
Policy") constitutes your binding acceptance of those changes.
Further, CompareYourFare may change any or all content on the Site, including, but
not limited to, products, programs, and/or services described on or offered through
the Site, without notice and without liability.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to, images, illustrations,
text, audio clips, and video clips, are protected by or consist of copyrights, trademarks,
service marks, and/or other intellectual property rights ("Intellectual Property").
The Intellectual Property is governed and protected by United States and worldwide
copyright, trademark, and/or other intellectual property laws and treaty provisions,
privacy and publicity laws, and communications regulations and statutes.
The United States controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export the Intellectual Property
to countries or persons prohibited under United States' export control laws. By
using, copying, or downloading any portion of the Intellectual Property, you are
representing that you are not in a country where such export is prohibited; that
you are not on the US Commerce Department's Table of Denial Orders or the US Treasury
Department's list of Specially Designated Nationals; and that you are not providing
access to the Intellectual Property to any person similarly situated.
The Intellectual Property is owned or controlled by CompareYourFare.com or other
parties that have licensed to us the right to use their Intellectual Property or
the right to market their products and/or services (collectively the "IP Providers").
This Intellectual Property is provided solely for your personal, non-commercial
use. You agree to abide by all additional copyright notices, information, or restrictions
contained in any material or content on the Site. You may download any Intellectual
Property solely for your personal, non-commercial use, consistent with these Terms,
provided that you maintain all copyright and other notices contained in such Intellectual
Property. You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit any Intellectual Property in any way (including by e-mail or other
electronic means) without CompareYourFare's prior written consent or that of the
IP Providers.
You cannot use any device, software, or routine that interferes or attempts to interfere
with the normal operation of the CompareYourFare Site. You cannot perform any action
that is deemed by us to impose a burden or unreasonable load on our computer equipment
or use any "robot," "spider," or other automatic device (or a program, algorithm,
or methodology with similar processes or functionalities) to monitor, assemble,
analyze, index, copy, transmit, distribute, transfer, or link to any of the pages,
data, materials, or content available on this Site.
Modification of any Intellectual Property or use of any Intellectual Property for
any other purpose is a violation of the copyrights, trademark rights, and other
proprietary rights. You may not reproduce, reverse engineer, create derivative works
of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign,
transfer, or modify any software on the Site. All software, applications, and modules
(collectively, "software") used on the Site are proprietary to or licensed to us
by other parties ("Software Providers", together with IP Providers, the "Providers").
The use of any Intellectual Property on any other site or networked computer environment,
or maintaining unauthorized links to the Site, is prohibited by these Terms.
INFORMATION SENT FROM USERS
Content sent to us, as between the two of us, whether via e-mail, forms, messages,
ideas, and/or suggestions, becomes our sole property and is transmitted at your
sole risk. You hereby represent and warrant that you own or have the right to submit
the foregoing to us. We will respond to customer service questions in accordance
with our "Privacy Policy."
You are strictly prohibited from uploading to the Site any material that contains
any virus, worm, "time bomb, or similar contaminating or destructive feature. Violators
may be prosecuted to the maximum extent of the law.
LEGAL RESPONSIBILITY
You are solely responsible for maintaining the confidentiality of your account information
and your password, and for all activities that occur under your account and/or password.
We do not knowingly sell any of our products or services to anyone under the age
of 18. By using the Site, you represent that you are of sufficient legal age to
use the Site, and create binding legal obligations for any liability incurred as
a result of your use of the Site. If you become aware that an unauthorized person
may have access to your password, you should change your password immediately and
contact us.
The Site may contain links to some sites that are not maintained by us. While we
make every effort to include links to only those sites that are in good taste and
safe for our visitors, we do not regularly review materials posted at such sites.
These links are provided solely as a convenience to you. We do not necessarily endorse
all of the materials appearing on such sites. We shall not be responsible for, and
we make no representation regarding, the content on such sites. If you choose to
link to any third-party site, you do so at your own risk.
PRIVACY
You have read our Privacy Policy, the terms of which are incorporated herein, and
agree to such terms.
TERMS OF PURCHASE
You may use the Site to make legitimate reservations and/or purchases, but you cannot
use the Site to make any speculative, false, or fraudulent reservation, any reservation
in anticipation of demand, or for any purpose that is deemed unlawful or prohibited
by these Terms. Violators may be prosecuted to the maximum extent of the law.
You agree to abide by all other additional terms and conditions applicable to your
reservation(s), purchase(s) of goods and services, request(s) to purchase, use of
software, and other uses of portions of the Site, including, but not limited to,
paying all amounts owed on a timely basis and complying with all rules and restrictions
regarding availability of fares, paper airline tickets, products, programs or services,
and use of software. Because you agree to be legally responsible for the purchase
terms related to all of your reservations and for all charges, fees, penalties,
duties, taxes, and assessments that result from your use of the Site, we encourage
you to take the time to carefully review the terms of the offer, including, but
not limited to, any fare or rate rules related to an airfare purchase. If you do
not understand the fare or rate rules, or any code-share flight information, please
contact us.
Offers from this Site are informational only and may not reflect current availability.
Offers apply to US point-of-sale and point-of-ticketing only (void where prohibited
by law). Prices quoted are in US Dollars and unless otherwise stated, are "per adult".
All offers, prices, and conditions of sale may be subject to: (a) change without
notice; (b) advance purchase, eligibility, seating, or other limitations; (c) travel
days, dates, minimum or maximum stays, holidays, seasons, blackout dates, stopovers,
and/or waitlist restrictions; (d) reservation validation limitations of up to one
year (if any extension permitted, penalties/restrictions may apply); and/or (e)
other conditions/restrictions. Lower prices may be available.
No reservation is complete until confirmed/ticketed. To protect our customers, we
verify with the credit/debit card company that the billing address and credit card
verification number you provided to us is accurate and that your debit/charge will
be accepted. Until such information is verified, the fare is subject to change.
We are not responsible for any transaction that is declined based upon a credit/debit
card that is declined by the issuing company or a travel provider or if, for any
reason, the debit/credit card billing address and/or credit card verification number
cannot be verified in a timely manner, nor are we responsible for any changes in
fare or any other charges that may occur during our verification process.
Once your reservation has been ticketed, you are deemed to have agreed to all of
the terms and conditions related to your purchase. Since you are obligated to comply
with all of the terms and conditions related to your purchase, it is in your best
interests to review those terms and conditions carefully at the time they are made
available to you.
Unless otherwise specified, once ticketed, most reservations cannot be transferred,
changed, upgraded, or cancelled/refunded; if a transfer, change, upgrade, or cancellation/refund
is permitted, penalties will apply, including additional service, processing, and/or
cancellation fees to be assessed by us and/or the travel provider(s). If you wish
to change or cancel your reservation, contact us immediately. For more detailed
information regarding a purchase, we suggest you review our Help section and our
fees or contact us.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT
OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR
THE SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS
TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA,
TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE. IN NO EVENT SHALL
OUR AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL
CHARGES SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM
OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR PURCHASE
OF PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM
THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE WAS COMPLETED.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.
THE SITE AS INTERMEDIARY
COMPAREYOURFARE IS ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF TRAVEL-RELATED
PRODUCTS AND/OR SERVICES BY PROMOTING, SELLING OR ACCEPTING RESERVATIONS OR BOOKINGS
FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS AIR AND GROUND TRANSPORTATION, HOTEL
ACCOMMODATIONS, MEALS, TOURS, CRUISES, TRAVEL INSURANCE, ETC.). WE SHALL NOT BE
RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON THE PART OF SUCH
PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR INJURY TO YOU AND/OR YOUR
TRAVEL COMPANION(S), IF ANY. WE DO NOT GUARANTEE ANY OF SUCH PROVIDER'S RATES, BOOKINGS,
RESERVATIONS OR OTHER PURCHASE TERMS. WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION
OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF
ANY TRAVEL PROVIDER(S), OR DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR
PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS,
DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE
MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE CONTROL).
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS PROVIDED BY THE SITE ARE PROVIDED "AS IS." TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR PROVIDERS OR DISTRIBUTORS,
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1)
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS PROVIDED ON THE SITE; (2)
ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND
MATERIALS PROVIDED BY THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
TIMELINESS, OR OTHERWISE. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION
WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INTERNATIONAL USE
We make no representation that materials or services available on the site are appropriate
or available for use in locations outside the United States. Accessing materials
and services available on the Site from territories where their contents are illegal
is prohibited. Those who choose to access the Site from other locations do so through
their own initiative and are responsible for complying with local laws.
TERMINATION
We reserve the right, in our sole discretion, and without liability, to terminate
your access to all or part of the Site, with or without notice, for any reason or
no reason.
INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each of their
respective officers, directors, employees, and agents, from and against any claim,
cause of action, or demand, including without limitation reasonable legal and accounting
fees, brought by or on your behalf in excess of the liability described herein or
by third parties as a result of your use of the site.
ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein, constitutes
the entire agreement with respect to this Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, with respect
to this Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. These Terms shall be governed by and construed in accordance with the laws
of the State of California, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising out of or relating
to these Terms shall be filed only in the state or federal courts located in San
Diego, California and you hereby agree to consent and submit to the exclusive personal
jurisdiction of such courts for the purposes of litigating any such action. If any
provision of these Terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions.
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CST# 2056844-40