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Airfarewatchdog Website Terms of Use

Thank you for using Airfarewatchdog. The Airfarewatchdog website and mobile properties, including related applications (the "Site"), are provided by Smarter Travel Media LLC ("Company"). The terms “we”, “us”, “our” and “Airfarewatchdog” refer collectively to Smarter Travel Media LLC, and/or our affiliates and subsidiaries, including TripAdvisor LLC, the parent company of Smarter Travel Media LLC. The term “you” refers to the customer visiting the Site and/or contributing content on this Site.

This Site is offered to you, the user, conditioned on your acceptance without modification of any/all of the terms, conditions, and notices set forth below (collectively, the “Terms of Use”). Please read the Terms of Use carefully, as they contain information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. Your use of this Site constitutes your agreement to the Terms of Use.

Company may, in its sole discretion, modify or revise these terms and conditions at any time by updating its Terms of Use policy, and your continued access or use of this Site signifies your acceptance of the updated or modified Terms of Use. We will note the date that revisions were last made to the Terms of Use at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Site. You are bound by any such modification or revision and should therefore visit and frequently review our Terms of Use policy.

Section 1. Use of Material

As a condition of your use of this Site, you warrant that (i) all information supplied by you on this Site is true, accurate, current and complete, (ii) you will safeguard your account information and will supervise and be completely responsible for any activity on the Site by anyone other than you, and (iii) you are thirteen (13) years of age or older in order to register for an account and contribute to our Site. Company does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to this Site and the services we offer, at any time and for any reason, including, but not limited to, violation of these Terms of Use.

All contents of this Site and the Publications are: Copyright © 2003-2016 Smarter Travel Media LLC and/or its suppliers. You may not reproduce, copy or redistribute the design, content or layout of the Site or the Publications, individual elements of the Site design, Airfarewatchdog logos or other logos appearing on this Site, photographs, and graphics, without the express written permission of Company. Company and the names of Company products and/or services referenced herein are trademarks or registered trademarks of Company. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks or service marks of their respective owners.

If you would like information about obtaining the Company's permission to use any of the Material on your website, email  syndication@Airfarewatchdog.com. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the material.

Section 2. Prohibited Activities

The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. This Site and the Airfarewatchdog Newsletters and other publications (collectively, "Publications") offered by the Site are for your personal and non-commercial use. As a condition of your use of this Site and the Publications, you warrant to Company that you will not use this Site or the Publications for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

  • (i) use this Site or its contents for any commercial purpose;
  • (ii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • (iii) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (v) deep-link to any portion of this Site for any purpose without our express written permission;
  • (vi) "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization;
  • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Company in connection with the Site or the services.

If you would like information about obtaining the Company's permission to use any of the Material on your website, email  syndication@Airfarewatchdog.com. If you violate any of these Terms of Use, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the material.

Section 3. Privacy Policy and Disclosures

Airfarewatchdog is concerned with protecting your privacy. You may read the most recent published privacy policy  here. This policy may be changed at any time, with or without written notice. All changes to the privacy policy will be posted on this Site.

In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, that such disclosure is necessary (a) to protect Company’s systems, assets, employees, members and/or customers; (b) to ensure the integrity and operation of Company’s business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Company’s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, shall take precedence over any terms of Airfarewatchdog’s Privacy Policy.

Section 4. Liability Disclaimer

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS COMPANY’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS SITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE TERMS OF USE, PLEASE CONSULT A QUALIFIED LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS SITE.

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE AND/OR THE PUBLICATIONS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISLCAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, COMPANY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESEVATIONS MADE UNDER AN INCORRECT PRICE.

COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE AND/OR THE PUBLICATIONS FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED THROUGH THE SITE AND/OR THE PUBLICATIONS FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE AND/OR THE PUBLICATIONS. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY COMPANY. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, DISPLAY OR USE OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE) AND/OR THE PUBLICATIONS OR WITH THE DELAY OF OR INABILITY TO USE THIS SITE AND/OR THE PUBLICATIONS, OR FOR ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE AND/OR THE PUBLICATIONS OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR THE PUBLICATIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH CIRCUMSTANCES.

THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

If Company is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Company’s liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Company for the transaction(s) on this Site giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).

Airfarewatchdog is a travel search service and information provider. We help you search for travel products and services and link you to third-party sites that may offer the products and services you seek. We also provide you with information about third-party travel suppliers' offers, and we link you to their sites. At the time we publish this information, we believe it to be valid. However, we have no control over the suppliers, and we therefore do not warrant or guarantee that their offers will not change or become unavailable. Nor are we responsible for their products, services or site content. Please see their sites for their most up-to-date offer information and all applicable terms and conditions.

Section 5. Links to Third-Party Sites

This Site may contain hyperlinks to websites operated by parties other than Company. Such hyperlinks are provided for your reference only. Company does not control such websites and is not responsible for their contents. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access third-party websites, you do so at your own risk. In some cases you may be asked by a third party website to link your profile on Airfarewatchdog to a profile on another third-party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site) at any time.

Section 6: Copyright Infringement and Copyright Agent

Company may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Site that infringes on the rights of others. If you believe that your work has been used on the Site in a manner that constitutes copyright infringement, please provide Company's Copyright Agent with a written notice (email is sufficient) that includes the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or authorized to act upon the copyright owner's behalf

Company's Copyright Agent for notice of claims of copyright infringement can be reached as following:

Smarter Travel Media LLC Attn:

Airfarewatchdog.com

226 Causeway Street, Third Floor

Boston, MA 02114 USA

617-886-5555 (USA)

617-886-5501 (fax)

copyrightagent@smartertravel.com

Section 7: Children Under 13 Years Old

Company does not knowingly collect, maintain or use personal information from our websites about children under age 13. Children under the age of 13 may not participate in any online activities on Company’s websites. If a child whom we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents, or seek parental consent.

Section 8: Parental Control Software

Various parental control protections are available to help you ensure that your children and other minors using your computer have not been exposed to harmful material. We suggest that you look at the following websites, among others, to learn more about current providers of this protection:

www.cybersitter.com

www.securitysoft.com

www.surfcontrol.com

Section 9: Forums and Other Interactive Areas

By your action of emailing, posting or otherwise distributing any and all content on or through the Site, (“Content”) unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Content.

If this Site contains forums, bulletin boards, chat rooms or other message or communication facilities (collectively, "Interactive Areas"), you agree that you are responsible for your own communications and for any consequences thereof and that you use such Interactive Areas at your own risk. You agree to use the Interactive Areas only to send and receive messages and material that are legal, proper and related to the particular Forum and not to stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any:

  1. Message, data, information, text, music, sound, photos, graphics, code or any other material that is unlawful, libelous, infringing, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
  3. Content that may infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Company;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations, surveys, contests, pyramid schemes or chain letters, other than in interactive areas intended for such uses;
  6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or any other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
  9. Advertise or offer to sell any goods or services for any commercial purpose, other than in interactive areas intended for such uses.
  10. Download any file posted by another user of a Interactive Areas that you know, or reasonably should know, cannot be legally distributed in such manner.
  11. Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted.
  12. Restrict or inhibit any other user from enjoying the Interactive Areas or any other interactive areas.
  13. Content or links to content that, in the sole judgment of Company, (i) violates the previous subsections herein, (ii) is objectionable, (iii) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (iv) which may expose Company or its affiliates or its users to any harm or liability of any type.

Company takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Company is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Company or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against Company by virtue of any such moral rights.

Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.

If notified by a User of communications which allegedly do not confirm to any term of these Terms of Use, Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Company will have no liability or responsibility for performance or non-performance of such activities. Company reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever, including your violation of these terms. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which Company has no control.

Company reserves the right to remove, abridge or redact contact posted to any forum.

You acknowledge that all Forums are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Forum. Company does not control or endorse the content, messages or information found in any Forum and, therefore, Company specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in the Forum. Generally, any communication which you post to the Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by Company as confidential, that fact will be stated on those pages. For more information see Airfarewatchdog’s Privacy Policy.

You represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site and grant the rights set forth herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant Company the right to pursue at law any person or entity that violates your or Company's rights in the Content by a breach of these Terms of Use.

Company reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Company is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Company. Company shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

Any use of the Interactive Area or other portions of this Site in violation of the foregoing violates the terms of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Site.

Section 10. Indemnification

You agree to defend and indemnify Company and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • (i) your breach of these Terms of Use or the documents referenced herein;
  • (ii) your violation of any law or the rights of a third party; or,
  • (iii) your use of this Site.

Section 11. Jurisdiction and Governing Law

This Site is operated by a U.S. entity, and these Terms of Use are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to the conflicts of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site and/or the Publications. You agree that all claims you may have against Company arising from or relating to this Site must be heard and resolved in a court of competent subject matter jurisdiction located in the Commonwealth of Massachusetts. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

Section 12. Currency Converter

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but Company, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

Section 13. General

Company reserves the right to change the terms, conditions and notices under which this Site is offered. Company provides information on, accepts advertising from, and provides links to third-party vendors. Offers from these vendors that may be mentioned on the Site or in the Publications are often subject to change at any time, and may have many additional restrictions and limitations. Users of Company's content agree to confirm all aspects of third-party offers with the offering party, and to hold Company harmless for any circumstances that may arise from interactions with a third party.

You agree that no agency, joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms of Use or use of this Site or the Publications.

Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by Company with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Terms of Use (and any other terms and conditions referenced herein) constitute the entire agreement between the user and Company with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company 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. Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

© 2017 Airfarewatchdog. All rights reserved.

These Terms of Use are effective as of 09/14/2017.