AGREEMENT BETWEEN YOU AND AirBargains.com
Your use of this site constitutes your agreement to the terms and conditions contained in this document. Please check this document periodically for changes. AirBargains.com reserves the right, at its sole discretion, to modify these terms at any time. Your continued use of the site after any such change constitutes your consent to such changes. If you are dissatisfied with any portion of this site or with any or all of the terms, your sole and exclusive remedy is to discontinue using this site.
INTRODUCTION
This site consists of computing and information services and software, information and other content provided by AirBargains.com. Third parties also provide information, software and other contents which may be accessed through this site. Airbargains.com has endeavored to ensure that the information on the site is accurate, but AirBargains.com does not warrant or make any representations regarding the accuracy or completeness of such information. Among other things, airfare, hotel listings and car rental rates are for general information only and may not reflect current availability.
COPYRIGHT NOTICE
The contents of AirBargains.com are copyrighted as a collective work under United States copyright laws. Neither you nor your designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which you or your designated users receive through AirBargains.com.
TRADEMARKS
“AirBargains.com” is a trademark of AirBargains.com. All other brands and product names on this site are trademarks, service marks or brands of their respective companies. You are prohibited from using any mark in this site for any purpose without the written permission of AirBargains.com or the owner of the registered mark, as applicable.
HYPERLINKING
AirBargains.com may contain links, references, and pointers to other sites on the internet. The contents, accuracy, opinions expressed, and other links provided at those sites are not verified, monitored or endorsed by AirBargains.com. AirBargains.com disclaims any responsibility for the accuracy, contents, security, availability or omission of information found on those sites.
NO WARRANTY
THE USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER AirBargains.com NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY PROVIDER WARRANT THAT THE SERVICES PROVIDED BY AirBargains.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES AirBargains.com, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THESE SERVICES OR PRODUCTS. ALL CONTENT, PRODUCTS, AND SERVICES ON THIS SITE, OR OBTAINED FROM A WEBSITE TO WHICH THIS SITE IS LINKED, ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, (1) WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND PRODUCTS IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (3) ANY WARRANTIES REGARDING THE NON-INFRINGEMENT, SECURITY OR ACCURACY OF THE SERVICES AND PRODUCTS OFFERED IN THIS SITE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAWS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF SERVICES PUBLISHED ON THIS SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AirBargains.com SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERROR. AirBargains.com DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THIS SITE IS COMPLETE OR UP-TO-DATE.
YOU AGREE THAT IN NO EVENT SHALL AirBargains.com, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY PROVIDER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR SAVINGS), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH (1) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (2) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR TRAVEL RESERVATIONS) OR INTERRUPTION OF USE OR CORRUPTION OF DATA, (3) THE PERFORMANCE OR NONPERFORMANCE BY AirBargains.com OR ANY THIRD PARTY PROVIDER OR DISTRIBUTOR, OR (4) ANY MATTER BEYOND AirBargains.com's REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INTERMEDIARY
You acknowledge and agree that AirBargains.com acts as an intermediary for providers of travel-related products and/or services by promoting, selling or accepting reservations or booking for such products and/or services (including but not limited to, airlines seats, hotel accommodations, and car rentals). These third-party providers are independent contractors and are not agents or employees of AirBargains.com or its affiliates. You agree that AirBargains.com is not responsible for breach of contract or any actions or omissions on the part of such providers, which may result in loss, damage, delay, or injury to you or any of your companions. You further agree that AirBargains.com shall not be responsible for any disruption of travel-related products and/or services, whether resulting from overbooking, bankruptcy of any third-party travel provider, or due to political or social unrest, labor problems, adverse climate, diseases, terrorist activities or other events of force majeure beyond the control of AirBargains.com.
BOOKINGS AND RESERVATIONS USING THIS SITE
By using this site, you represent and warrant that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you or your designated users may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information. You agree that the travel reservation facilities of AirBargains.com site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Particular airline, hotel and car rental offerings may require compliance with restrictions that may involve: advance purchase requirement; dates by which the ticket, hotel room or car rental must be purchased and travel must commence and end; black out periods; minimum and maximum stay requirements; and cancellation and change fees. You are solely responsible for complying with those requirements. By making the reservation and purchasing the ticket, hotel room or car rental, you represent that you comply or will comply with all such applicable restrictions.
PRIVACY AND SECURITY
Except as required bylaw, AirBargains.com will maintain the confidentiality of all user communications, which contain personal user information and which are transmitted directly to AirBargains.com. AirBargains.com uses such personal information only to hold or finalize users' reservations. When you make a reservation through our system, we provide information about you to the airline, car rental agency, hotel, travel agency or other involved third party to ensure the successful completion of your travel arrangements. AirBargains.com does not sell your personal information to third parties not involved in the reservation process.
AirBargains.com does not store members' credit card information permanently in a database. We use it only during the reservation process.
SERVICE TERMINATION
AirBargains.com reserves the right to modify or eliminate any of its online services and products at any time, with or without published notification.
INDEMNIFICATION
You agree to indemnify and hold AirBargains.com harmless from any claims, causes of action, losses, damages, fines penalties, or other costs or expenses of any kind, including reasonable legal and accounting fees, arising from disputes associated with your use of products and services provided by AirBargains.com or your use of this site.
MODIFICATION OF TERMS of USE
AirBargains.com may modify these terms of Use, and may discontinue or revise any or all other aspects of this site at its sole discretion and without prior notice.
SEVERABILITY
If any provision of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these terms and conditions will remain in full force and effect.
GOVERNING LAW
You agree to submit to the laws of California, USA and applicable Federal law without regard to conflict of law principles.
ENTIRE AGREEMENT
These terms and conditions represent the complete agreement and understanding of the parties with respect to the subject matter herein, and supersede any other prior agreement or understanding, written and oral.
SELLER OF TRAVEL
Airbargains.com is a registered seller of travel in California under the state's seller of travel regulations. California registration number: CST#:2071002-40
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