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OVERVIEW
This website is operated by FareDrop, Inc. Throughout the site, the terms “we”, “us” and “our” refer to FareDrop, Inc. FareDrop, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us (including, without limitation a digital subscription) (collectively, “Products”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store and site is hosted by Amazon Web Service. We use Stripe as our payment processing and subscription management service. These providers provide us with the online e-commerce platform that allows us to sell our Products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
An order by you for services or Products is deemed by us to be an offer to purchase, which we may accept or reject in our sole discretion. Our acceptance of an offer to purchase is binding on us only if made by written instrument or, if not by written instrument, by our issuance of log-in credentials to you for the Products ordered. Any automatic or computer generated response to an order by our internal electronic data exchange system or otherwise shall not be deemed acceptance of an order.
You shall pay all sales, use, excise or similar taxes, or other charges, which we are required to pay, or to collect and remit, to any government (national, state or local) and which are imposed on or measured by the sale.
We retain the right and title to the Products sold to you. You are permitted to use, on a non-exclusive, royalty bearing basis, the Products to obtain their benefits (namely reduced price airfare), but all source code, intellectual property, or other attributes remain the sole property of FareDrop, Inc.
You shall have no right of set-off or withholding, and no deduction of any amounts due from you to us shall be made without our prior, express written approval.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time in compliance with applicable law.
You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Products. However, you may “share a deal” on social media through our social sharing feature. You may not share or duplicate any portion of the Service or Products through any other means. You and members of your household may use your log-in credentials to access the Products on up to 5 devices. If you and your household members use your log-in credentials to access the Products on more than 5 devices then only the 5 most recently used devices will be able to access the Products. Except as provided herein, you agree not to permit any other person to use or access the Products using your log-in credentials and will use your best efforts to safeguard such credentials and prevent their unauthorized use.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) or Products without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or Products.
SECTION 5 - PRODUCTS OR SERVICES
Certain Products or services may be available exclusively online through the website. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy which is accessible here http://www.faredrop.com/refund-policy and is incorporated herein by reference.
We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.
We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, be error free, be available for your use at any given time, or that any errors in the Products or Service will be corrected.
Given the ever-changing and time-sensitive nature of our business we do not guarantee that a travel deal will still be active by the time you access it. We make no representation that any airline or other business will honor the travel deal identified in the Subscriptions (defined below). You acknowledge and agree that mistake fares and the other travel deals identified in the Subscriptions can be extremely short lived and may not honored by an airline or other business. We will use commercially reasonable efforts to provide you with Products which identify travel deals which you may actually use, however you acknowledge and agree that such travel deals may not always be available, error free, or honored by the airline or any other business. The Products consist only of information you may use with third parties (like airlines) and do not consist of a guarantee by us of any particular outcome.
Our Products consist primarily of annual subscriptions for discounted airfare (“Subscriptions”). These Subscriptions may be cancelled at any time, provided however that refunds are addressed in accordance with our Return Policy which is accessible here http://www.faredrop.com/refund-policy and is incorporated herein by reference. Pursuant to this Return Policy after a certain period of time no refunds will be issued. Your Subscription will renew automatically on or around the annual anniversary of your initial purchase date. You may opt out of auto-renewal at any time by accessing your Subscription account and updating your renewal preferences.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, Products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of Products, goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In consideration for your use of the Service, you hereby grant us a world-wide, non-exclusive, royalty-free, transferrable license to publish, display, or use in any way we see fit your customized Products, in whole or part, for our marketing, promotional, quality control, or any other purposes without attribution or payment to you.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy which is accessible here http://www.faredrop.com/privacy-policy and is incorporated herein by reference.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Without limiting the foregoing, you agree not to use the Service, Products, information, intellectual property, or data obtained from us to commercially compete with us. We reserve the right to terminate your ability to use our Service or Products in the event that we reasonably believe that your use violates these Terms of Service, otherwise causes, or has the potential to cause, harm to us (including, without limitation, competitive / business harm) or third parties, or is used for any purpose other than your individual / household use (such as scraping content or competing with us).
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. YOU ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS OR SERVICES PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SERVICES.
In no case shall FareDrop, Inc. and our parent, subsidiaries, affiliates, partners, and their respective members, partners, shareholders, managers, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively, the “FareDrop Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise and any reasonable attorneys’ fees, paralegal fees, accounting fees, court cost, and expenses, made by any third-party (collectively, “Damages”), arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
No claim by you of any kind including, but not limited to, claims for indemnification, whether as to quality or amount of product delivered or non-delivery, shall be greater in amount than the purchase price for the Products or services purchased from us hereunder in respect of which damages are claimed.
Any claim by you arising out of these Terms of Service must be made within one (1) year of the accrual of such claim. Any claim made outside of this period of limitations shall be time-barred.
Any representation by us regarding past performance of any of the Products is presented for informational purposes only and is not a promise or warranty of future similar performance and any such warranty is hereby expressly disclaimed. Your use of the Products is at your own risk.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the FareDrop Parties, from any Damages suffered by such FareDrop Parties due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Services and our relationship with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW; VENUE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Tennessee, United States (exclusive of its choice of law provisions). The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service. IN THE EVENT OF A DISPUTE HEREUNDER, IT IS AGREED THAT VENUE LIES EXCLUSIVELY IN THE COURTS OF KNOX COUNTY, TENNESSEE, AND SUCH COURTS SHALL BE A PROPER FORUM IN WHICH TO ADJUDICATE SUCH DISPUTE. THE PARTIES AGREE TO WAIVE ANY DEFENSE THAT THEY MAY HAVE BASED UPON IMPROPER VENUE OR LACK OF PERSONAL JURISDICTION, AND TO SUBJECT THEMSELVES TO THE JURISDICTION AND VENUE OF ANY SUCH AFORESAID COURT. Unless otherwise specifically provided herein, all costs and expenses, including attorney’s fees, incident to this Agreement and the transactions contemplated herein shall be paid by the party who incurred the same, whether the transactions contemplated by this Agreement are consummated or not. You agree to adhere to all applicable US Export laws and regulations with respect to the Services.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - FORCE MAJEURE
We shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms of Service, for any failure or delay in fulfilling or performing any term of these Terms of Service, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of these Terms of Service; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) pandemic, epidemic, or public health emergency.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at legal@faredrop.com