|
Effective Date: 10/10/2007
Get Your Free Airfare Terms of
Service
Thank you for visiting the Get Your Free Airfare site located at www.GetYourFreeAirfare.com (the “Site”, “ GetYourFreeAirfare ”, “we”, “us”). The Site is a business division of, and operates as a separate line of business within, Member’s Edge, LLC. By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (the “Agreement”). This Agreement is inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.
1. Acceptance of Agreement . You agree to the terms and conditions outlined in this Agreement with respect to your use of the Site. This Agreement constitutes the entire and only agreement between you and GetYourFreeAirfare with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By your continued use of the Site, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Website.
3. Description of GetYourFreeAirfare Service. GetYourFreeAirfare provides users with an opportunity to complete online surveys in order to receive special promotional offers (“Promotional Offer”). Currently, the featured Promotional Offer is two (2) complimentary airline ticket certificates (“Airline Tickets”). The Airline Tickets are made available and serviced by One Stop Travel, Inc. d/b/a Travel Spectacular (“Travel Spectacular”). There are presently forty (40) various destinations for which the Airline Tickets may be used. These destinations are subject to change. We may terminate, suspend and/or modify the Promotional Offer at any time, in our sole discretion. To qualify to receive the applicable Promotional Offer, you must first fully complete our online survey located at the Site. The information that you must supply during the survey-completion process includes, but is not limited to: 1) full name; 2) email address; 3) mailing address; 4) phone number; and 5) date of birth (collectively referred to as “Registration Data”). GetYourFreeAirfare will verify and approve all completed surveys, and the associated Registration Data, in accordance with its standard verification procedures. Once GetYourFreeAirfare approves your survey and associated Registration Data, we will send you a confirmation e-mail explaining the applicable Promotional Offer redemption procedure (the “Redemption Notification”). Promotional Offers must be redeemed within the period specified in each Redemption Notification or they expire and become null and void.
Each individual user is limited to one (1) Promotional Offer, and you may not mislead GetYourFreeAirfare or otherwise tamper or commit fraud in connection with the survey-completion and registration process . You agree to provide true, accurate, current and complete Registration Data. We have the right to reject any Registration Data and cancel the Promotional Offer where we determine, in our sole discretion, that 1) you are in breach of this Agreement; and/or 2) the Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. We may change the Registration Data criteria at any time, in our sole discretion.
GetYourFreeAirfare will email you the Airline Tickets certificates, along with Travel Spectacular information explaining how to utilize them, after our approval of your registration. Use of the Airline Tickets is subject to the terms and conditions of Travel Spectacular. To use the Airline Tickets, you must book your vacation through Travel Spectacular and stay at a participating luxury hotel, resort or resort condominium at the standard rates for the minimum number of nights applicable to the destination selected. Transportation (apart from air travel), food, taxes, duties, levies and other miscellaneous costs are not included. To qualify, travel must be completed within eighteen (18) months of your receipt of the Airline Tickets certificates . Booking must be made forty-five (45) days in advance of travel. Reservations are subject to availability. Weeks before and after Christmas and Easter are blacked out. The Airline Tickets promotion is subject to certain other restrictions, conditions and blackout periods. All Airline Tickets will be located in the coach section on available flights. To view more detailed terms and conditions associated with the Airline Tickets promotion, Click Here. Member’s Edge and GetYourFreeAirfare are not affiliated in any manner with Travel Spectacular, and make no representations or warranties, and assume no liability for any aspect of the Travel Spectacular offers.
In addition, GetYourFreeAirfare provides you with the opportunity to receive special offers, products and/or services from third party advertisers featured throughout the Site. To receive such offers, products or services, certain of your personal information entered on the applicable third party advertiser’s application form on the Site will be directly provided to such third party advertiser so that they may provide their offer, product or service to you without requiring that you first complete another registration form . In these circumstances: a) you will be redirected to the applicable third party advertiser’s website after you have completed the applicable application/registration page on the Site; b) your personal information will be directly provided to the applicable third party advertiser; and c) your purchase/application/registration will subject you to the applicable third party advertiser’s privacy policy and terms and conditions.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to this Agreement. You understand and agree that GetYourFreeAirfare is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for GetYourFreeAirfare sponsored products, services and/or Promotional Offers or any associated functionality. You understand and agree that GetYourFreeAirfare shall not be liable to you or any third party for any modification, suspension or discontinuation of the Promotional Offer and/or any product, service or promotion offered by Travel Spectacular or any of GetYourFreeAirfare ’s featured third party advertisers. If GetYourFreeAirfare terminates this Agreement, or cancels the provision of the Promotional Offer for any of the reasons set forth in this Agreement, GetYourFreeAirfare shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with GetYourFreeAirfare . This Agreement only governs your use of the Site and ability to qualify for the Promotional Offers contained herein. To access the GetYourFreeAirfare Privacy Policy please Click Here.
4. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Site content in accordance with this Agreement. GetYourFreeAirfare may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site , Site content or any portion thereof. GetYourFreeAirfare reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site . You may not take any action that imposes an unreasonable or disproportionately large load on GetYourFreeAirfare infrastructure. Your right to use the Site is not transferable.
5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and/or the Promotional Offers, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site and/or the Promotional Offers is strictly prohibited. You do not acquire ownership rights to the Promotional Offers or any content, document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by GetYourFreeAirfare does not constitute a waiver of any right in such information and materials.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
7. Indemnification. You agree to indemnify and hold GetYourFreeAirfare , its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or the Promotional Offers; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of GetYourFreeAirfare, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties. THE SITE, THE PROMOTIONAL OFFERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, YOURFREEAIRFARE MAKES NO WARRANTY THAT: (A) THE SITE, THE PROMOTIONAL OFFERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE AND/OR PROMOTIONAL OFFERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE AIRLINE TICKETS WILL MEET WITH YOUR REQUIREMENTS AND/OR THAT TRAVEL SPECTACULAR WILL PERFORM THEIR OBLIGATIONS IN A TIMELY OR SATISFACTORY MANNER; AND (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR PROMOTIONAL OFFERS WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR PROMOTIONAL OFFERS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOURFREEAIRFARE , ANY OF ITS FEATURED THIRD PARTY ADVERTISERS, TRAVEL SPECTACULAR OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOURFREEAIRFARE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOURFREEAIRFARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE PROMOTIONAL OFFERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE; (B) THE USE OR INABILITY TO USE THE AIRLINE TICKETS, AS WELL AS THE PERFORMANCE OR LACK OF PERFORMANCE ON THE PART OF TRAVEL SPECTACULAR; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, THE PROMOTIONAL OFFERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE YOURFREEAIRFARE , TRAVEL SPECTACULAR AND ANY AND ALL OF YOURFREEAIRFARE’S FEATURED THIRD PARTY ADVERTISERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF YOURFREEAIRFARE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250). YOU HEREBY RELEASE YOURFREEAIRFARE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND YOURFREEAIRFARE . THE SITE, THE PROMOTIONAL OFFERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
10. Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources. Because GetYourFreeAirfare has no control over such third party websites and/or resources, you hereby acknowledge and agree that GetYourFreeAirfare is not responsible for the availability of such third party websites and/or resources. Furthermore, GetYourFreeAirfare does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
11. Privacy Policy/UserInformation. Use of the Site, and all comments, feedback, information, Registration Data or materials that you submit through or in association with the Site, is subject to our Privacy Policy, which is hereby incorporated into and made a part of this Agreement. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.
12. Legal Warning. Any attempt by any individual, whether or not a GetYourFreeAirfare customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and GetYourFreeAirfare will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). You hereby consent to the sole jurisdiction of the state and federal courts of New York County, New York. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and GetYourFreeAirfare and governs your use of the Site and/or any Promotional Offer , superseding any and all prior and/or contemporaneous agreements between you and GetYourFreeAirfare . To the extent that anything in or associated with the Site and/or any GetYourFreeAirfare offering is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
14. Contact US. Our "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions regarding this Agreement please contact us at support@getyourfreeairfare.com. |