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Terms of use
AirlineFlightInformation.com is a website operated by AirlineFlightInformation, Inc. (“AirlineFlightInformation”) through which you as a user (“you”) can access and use the AirlineFlightInformation, the traveler’s search engine (the “Service”). The Service enables you to search for available travel products and services (such as airline tickets, lodging and rental cars) offered by third party providers based on search criteria that you provide and then sends you to the appropriate location where you can book reservations for such travel products. Upon receipt of your query, AirlineFlightInformation sends the query to a variety of third party travel product providers with options that meet your criteria and displays to you the options that the Service finds. If you select one of the travel product options supplied by AirlineFlightInformation, you are then sent to the third party supplier’s website (or a site hosted on their behalf) where you can make a reservation directly. The Service is offered to you conditioned on your acceptance without modification of these terms of service (“Terms”). Your access, use of the Service and any content made available through the Service constitutes your agreement to these Terms.
1. Limitations on Use
You agree that you will use the Service solely for your own personal, non-commercial, lawful purposes, and in accordance with these Terms. You agree that you will only use the Service to make legitimate inquiries, reservations or purchases, and will not use the Service for any purpose that is unlawful or prohibited by these Terms, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service and will not send automated queries of any sort to the Service.
2. Changes
AirlineFlightInformation reserves the right modify or terminate the Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. AirlineFlightInformation reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you will be aware of any changes. A copy of the current Terms will be readily accessible at our web site at www.AirlineFlightInformation.com. Your continued use of the Service following any change will be subject the Terms in effect at the time of your use. Except as expressly described in this Section 2, you and AirlineFlightInformation can only modify these Terms in a written document signed or otherwise accepted by you and by us.
3. Privacy
The AirlineFlightInformation privacy policy is available for your review at privacy_policy.html. You consent to the information practices and disclosures set forth in that policy, and agree that those practices are reasonable.
4. Disclaimer of Warranty
THIS SERVICE IS PROVIDED BY AirlineFlightInformation "AS IS" AND YOU USE IT AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. AirlineFlightInformation DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by law.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL AirlineFlightInformation OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF AirlineFlightInformation OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF AirlineFlightInformation OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law.
IN NO EVENT SHALL AirlineFlightInformation'S LIABILITY TO YOU EXCEED $100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF AirlineFlightInformation OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
6. Indemnification
You agree to defend and indemnify AirlineFlightInformation, its affiliates, and/or their respective suppliers 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 (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your use of the Service.
7. Copyright and Tradmark Notices
All contents of this website are: ©2003 and 2004 AirlineFlightInformation, 15 Wall Street N.Y., N.Y. 10633 USA. All rights reserved. AirlineFlightInformation®, the search engine™ and the AirlineFlightInformation logo are trademarks of AirlineFlightInformation, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners. Unauthorized use of the Service and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.
8. Third-party Providers and Sites
The third parties offering travel product options that are accessible through the Service are independent contractors and are not agents or employees of AirlineFlightInformation or its affiliates. You understand the mere fact that the Service displays travel product options of certain third parties does not in any way imply, suggest, or constitute any sponsorship or approval of AirlineFlightInformation by any such provider or any affiliation between any such provider and AirlineFlightInformation. Unless otherwise expressly stated, AirlineFlightInformation's display of specific options does not suggest a recommendation by AirlineFlightInformation of the providers or their travel options. You agree that AirlineFlightInformation is in no way responsible for the accuracy, timeliness or completeness of information it may obtain on your behalf from these travel product providers. Your interaction with any travel product provider accessed through the Service is at your own risk, and AirlineFlightInformation shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Furthermore, the Service contains hyperlinks to websites operated by parties other than AirlineFlightInformation. AirlineFlightInformation does not control such websites and is not responsible for their contents. AirlineFlightInformation's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
9. Miscellaneous
You may not assign, delegate or transfer your rights or obligations under these Terms. You will review these Terms periodically. If AirlineFlightInformation fails to act with respect to your breach of these Terms or anyone else’s breach on any occasion, AirlineFlightInformation is not waiving our right to act with respect to future or similar breaches. These Terms are governed by the laws of the State of California, United States of America without reference to its choice of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in WILMINGTON DE, USA, in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section. If any part of these Terms are 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 these Terms are shall continue in effect. These Terms (and the Privacy Policy referenced herein) constitute the entire agreement between you and the AirlineFlightInformation with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AirlineFlightInformation with respect to the Service.
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