Thank you for visiting the WishFly™ website www.WishFly™.com (“Site” or “WishFly™”,), owned and operated by Karma Venture United LLC (collectively, “Company”, “we” or “us”). You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”). All visitors to WishFly™ are deemed “Users”. If you want to raise funds and make a [travel request] on WishFly™, you must register on the Site to become a “Beneficiary”. If you want to contribute to one or more [travel requests], you must register on the Site to become a “Contributor”. Registered Beneficiaries and Contributors are also referred to herein as a “Member” or “Members”.
Use of this Site
By using this Site, you and other users of the Site agree to these Terms. If you do not agree to these Terms, you may not access or use the Site or any information or materials contained on the Site. We may modify the Terms from time to time without notice to you. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
Company provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in the Site.
The Site is provided “AS IS” and Company assumes no responsibility for your ability to obtain access to the Site (or any costs or fees related thereto). Company also does not assume any responsibility or liability for any failure to store and/or maintain any user communications or personal settings.
You understand and acknowledge that in connection with your use of the Site as a User, Contributor or Beneficiary you may be exposed to materials and content that may be inaccurate, offensive, indecent, or objectionable. Materials and content on the Site should not be viewed as being an endorsement or opinion shared by Company. Company does not control the content posted by third parties via the Site and, under no circumstances, will Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Site.
You will be providing Company with your email address when you become a registered Contributor or Beneficiary. By doing so, you consent to our using the email address to send you any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Site, special offers and marketing, sales and promotional materials.
User Authority and Access
By using and/or submitting information and/or payments through this Site as a Contributor or Beneficiary you represent that:
- You are 18 years or older or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision.
- You are not using another User’s account without her/his permission.
- Any information you provide about yourself is accurate and complete information at the time provided.
- You will update any information provided to Company to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for Company to suspend or terminate your account and refuse you service in the future.
- Your use of the Site has not been otherwise restricted, suspended or terminated.
Third Party Payment Services
The Site provides links and interfaces to third party payment services, such as PayPal.com, WePay, and Stripe; which permit Contributors to send funds, if applicable, to Beneficiaries (or Beneficiaries’ representatives) registered with the Site. You acknowledge that while the Site provides links to these third party payment services, Company does not control and is not responsible for payments made or received through these services. Any use of third party payment services by you will be subject to the fees, terms and conditions of such third party payment services, and at your own risk.
Contributors acknowledge that if they are making cash payments to Beneficiaries or Beneficiaries’ representative, that they are submitting payment directly to the Beneficiary or Beneficiary’s representative (via third party payment service or any other payment method) and therefore Company cannot be responsible for lost payments, identity theft, fraud or refunds.
WishFly™ for ‘Trip Creators’
Trip Creator is a person who ‘creates’ a trip and wish to it to be funded by the Contributors.
Trip Creator may use the site to create a campaign for their trip and invite their friends and family to contribute to the trip.
The trip must be taken within the 12 months immediately after creating the trip. Failure to which will result in trip being canceled and all contributors being refunded.
Trip Creator gives permission to WishFly™ to create marketing campaign around their trip and use their photos, videos, and content to encourage Contributors to contribute to the trip.
WishFly™ for ‘Contributors’
Contributor is a person who wishes to contribute to a trip.
Contribution maybe made in cash or travel advise.
WishFly™ assumes that the ‘Contributor’ knows the Trip Creator personally or has a good reason to support the trip.
Refunds for Contributors:
For any reason the trip is canceled by WishFly™ or the Trip Creator, Contributor will be refunded all money paid by them for the trip.
Refunds may also be requested by the Contributor within 7 days of making such contribution. The request must be in writing.
Contributors may hide their identity while contributing to a trip by clicking ‘Contribute Anonymously’. If this option was not chosen, your Name and Contribution will be visible to everyone on WishFly™ and any third party networks.
Karma Points are reward points that a contributor accumulates for supporting a trip.
These points can be redeemed for various services, products, and travel trips determined by WishFly™.
Karma Points are non-transferable, and expires in 12 months if not used.
There are no cash rewards, just kind.
Karma Points can be earned in 2 ways:
- For supporting a trip with cash / money
- For supporting a trip with travel experience
The Karma Points you may earn on a particular contribution may change without any written notice. Please check the website for current Karma Points earning table.
Travel Service Terms
Company does not act as principal but makes arrangements with third-party vendors , such as, but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, traveler assist service providers, insurance providers and activities suppliers (each a “Travel Supplier”) in order to satisfy a Beneficiary’s [travel request] for travel-related services which include, without limitation, air transportation, lodging, and car rental (each a “Travel Service”). In addition, certain software and data found on the Site are the copyrighted property of the Travel Supplier and/or their third-party providers and distributors.
You may only use the Site to make legitimate reservations or purchases and shall not use the Site for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not use the Site in violation of, or to violate, any law, rule or regulation. You acknowledge and agree that you will not use, nor will you permit any use of, the Site in conjunction with any of your activities or business by anyone that resides, stays or is accessing the Site from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Site in the event of a breach of this obligation and you specifically agree to indemnify and hold Company harmless for any breach of this restriction.
By using this Site, you acknowledge that the rates listed for the Travel Services offered in connection with a [travel request] on WishFly™ are provided by the Travel Suppliers, may not be the best or lowest rates for such Travel Services and include certain fees retained by them for their services, taxes and other charges. When booking with any Travel Supplier thru this Site, you authorize Company to book reservations or enter a contract on your behalf with Travel Suppliers for the total price displayed, including such fees and any applicable taxes or charges related to the Travel Supplier’s and Company’s services, and to use funds raised from your Contributors to make payment on your behalf to Travel Suppliers for your Travel Services.
Company shall not be liable for errors or inaccuracies on the Site, or the failure of Travel Suppliers from whom you obtain services through this Site, including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, vacation packages, activities suppliers, traveler assist service providers and insurance providers. Company, in facilitating the [travel request], does not endorse, guarantee or insure the products or services which are provided by a Travel Supplier, the financial position of such Travel Suppliers or the reimbursement to you from any loss as a result of the financial condition of such Travel Supplier. In the event that a supplier defaults prior to providing the service to you your sole recourse for a refund shall be from the defaulting Travel Supplier, from insurance covering such defaults if any, or from other responsible third party unless such loss was caused solely by Company. In those situations in which a Travel Supplier defaults prior to providing services you may pursue any recourse against the Travel Supplier for a refund, as permitted by law or statute.
Company assumes no responsibility for actions relating to travel services beyond the control of Company or its employees. Company is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any Travel Supplier. Company shall not be liable for any fluctuation in price or change in schedule or equipment or accommodations for any travel service, which occurs subsequent to booking and payment for such service. Company shall not be liable for any cancellation, overbooking, delay, re-routing, strike, any weather occurrence or governmental occurrence as it affects your travel reservation made on WishFly™. Company shall not be liable for the depiction of travel products and services made available by any Travel Supplier, including but not limited to photographs, listed amenities, ratings, and discounts. Company has no control over and assumes no liability for the actions of the suppliers from whom it obtains travel products or services.
Beneficiary shall bear the risk and be liable for any final currency conversion or rates when paid after a travel reservation is made with us for international travel products and services. You agree and acknowledge that currency rates vary and any quoted price on the Site in local currency is a guideline, and not binding on Company or any Travel Supplier
Once certain travel reservations are made and paid for they may be completely non-refundable or there may be a penalty involved in cancellation or seeking a refund from the Travel Supplier, subject to any conditions that may be imposed by a Contributor. Once tickets have been issued there may be a penalty involved for cancellations and refunds.
Company does not guarantee, endorse, validate or promote other advertiser's products and services that are advertised on our Site.
By booking any Travel Services on WishFly™ a contract may be formed between you and a Travel Supplier, and additional Terms & Conditions of one or more Travel Supplier may apply to your Travel Services. Please read the additional Terms & Conditions provided by each such Travel Supplier carefully. Travel Supplier’s terms and condition in regards to book your trip can be found here. You hereby agree to be bound by all the Terms & Conditions imposed by any Travel Supplier with whom you choose to contract. Some Travel Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay or during the use of the reserved products or services. Such deposit is unrelated to any service or payment received by Company for Travel Services. You understand that any violation of a Travel Supplier's rules and restrictions may result in the cancellation of your reservation(s), in denial of access to the respective Travel Services, in your forfeiting any amount paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
By using the Site, you agree to irrevocably waive any claim against Company, and any of its subsidiaries, affiliates, officers, directors, managers, agents, contractors, or employees, and expressly agree that neither Company nor any of its subsidiaries, affiliates, officers, directors, managers, agents, contractors or employees, shall be held liable for:
- any loss of or damage to property or injury to any person caused by reason of any defect, negligence, or other wrongful act of omission of, or any failure of performance of any kind by any Travel Supplier;
- any inconvenience, loss of enjoyment, mental distress or other similar matter;
- any delayed departure, missed connections, substitutions of accommodations, terminations of service, or changes in fares and rates;
- any cancellation or double-booking of reservations or tickets beyond the reasonable control of Company; and
- any claim of any nature arising out of or in connection with air or other Travel Services, products or other features performed (or not) or occurring (or not) in connection with your itinerary.
For avoidance of doubt (and without limiting the foregoing), Company does not assume any liability whatsoever for cancelled flights, flights that are missed, or flights not connecting due to any scheduled changes made by the relevant airline.
Tickets will not be sold directly to unaccompanied minors age 18 and under. Each airline sets its own policies and regulations for children traveling without adult supervision. Please check with the airline directly for minor age requirements, as the following items may change:
- Some airlines may not allow unaccompanied minors to travel without an adult.
- Some airlines will only allow unaccompanied minors to travel on non-stop flights.
- Many airlines may require additional fees to be paid at check-in.
You must call the airline to verify rules and restrictions for unaccompanied minor(s) traveling alone.
All customers are advised to verify travel documents (transit visa/entry visa) for the country through which they are transiting and/or entering. Reliable information regarding international travel can be found at www.travel.state.gov and also with the consulate/embassy of the country(s) you are visiting or transiting through. Company will not be responsible if proper travel documents are not available and you are denied entry or transit into a Country.
Your transactions with WishFly™ do not guarantee entrance to the country of destination. Beneficiary understands that Company accepts no responsibility for determining passenger's eligibility to enter or transit through any specific country. Information, if any, given on WishFly™ by a Travel Supplier or otherwise must be verified with government authorities. Such information does not imply responsibility on Company’s behalf.
One of our Travel Suppliers is Cheapoair. Cheapoair is a business incorporated and operating in the United States. Cheapoair has been selected by Company to provide its customers the ability to search for, and upon satisfaction of a funded [travel request] book certain Travel Services. The terms and conditions relating to the services of Cheapoair may be found at http://www.cheapoair.com/travel/travel_resources/terms.asp.
Certain areas of the Site may be password restricted to registered Members ("Password-Protected Areas"). If you have registered as a Member to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Company if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Company of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you. You alone are responsible and liable for all losses and/or damages caused by any authorized use of your account regardless of the reason or cause of the loss or damage and not Company.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Submission of Content
You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, e-mail or otherwise submit to the Site in connection with a [travel request](collectively, “Member Content”), and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality and copyright. You acknowledge that you are responsible for any and all model releases, and that all such Member Content will not infringe any intellectual property rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate these Terms.
Company does not claim ownership of any Member Content (including photos and graphics) you submit or make available for inclusion on the Site; however, by posting any Member Content on WishFly™, you expressly grant, and you represent and warrant that you have a right to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content including, without limitation, your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Site and Company business. You acknowledge and agree that information that you submit or make available for inclusion in publicly accessible areas of the Site, may be viewed by the public.
WishFly™ Rights and License
The Site, including all of its contents, information, features or other materials on the Site, such as text, images, and the HTML used to generate the pages, are our property and/or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws (collectively, “WishFly™ Content”). Except as otherwise provided herein, use of the Site does not grant you a license to any WishFly™ Content you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such WishFly™ Content, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the WishFly™ Content or screens for any purpose except as otherwise provided by Company. If you make use of the Site, other than as provided herein, in doing so you may violate trademark, copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Company or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Company logos and service names, including without limitation “WishFly™”, are trademarks of Company (the “Company Marks”). Without Company’s prior permission, you agree not to display or use Company Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Company Mark without the prior written consent of Company.
We grant you a personal, non-exclusive, non-transferable license to access our Site and to use the information and services contained herein only accordance with these Terms. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
Company reserves all rights not expressly granted, and may terminate this license at any time for any reason or no reason.
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other WishFly™ Content, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
- No more than 10% of the total trip cost can be paid in cash
- The tickets are non-changeable. For any changes, you will need to contact WishFly™.
- No refunds on the tickets, hotels, or car rentals are provided to the end users directly. All refunds are automatically processed and returned to the Contributors.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of Company. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site.
Company specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- Use of our Widgets on sites containing content which is contrary to or violates these Terms;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- No strong, vulgar, obscene, or otherwise harmful language;
- No racially, ethnically or otherwise, objectionable language;
- No libelous, defamatory, or otherwise tortuous language;
- No actions that are harmful to minors;
- No manipulation or forging of identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to Company or its employees;
- No posting, providing, transmitting, or otherwise making available any junk mail or spam;
- No posting, uploading, e-mailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.);
- No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange;
- No collecting, storing, or posting of personal data about or of other WishFly™ members;
- No soliciting of any kind, except for funds in connection with a Travel Request in accordance with these Terms;
- Posting any material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting any material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting any material that infringes on any other intellectual property, privacy or publicity right of another;
- Posting any material promoting hate, personal injury, death, damage or destruction to property;
- Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; and
- Attempting to interfere in any way with the Site’s or Company’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
DMCA Copyright Notice
If you believe that any content on this Site infringes upon any copyright which you own or control, you may send a written notification to Company’s Designated Agent as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”).
Designated Agent: Rick Day
In order to comply with the DMCA notification requirements, you must provide our Designated Agent with a written notice that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described in Item (a) above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
- Include your name, mailing address, telephone number and email address.
Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, without liability, users of the Site who are deemed to be repeat infringers.
Please be advised that this procedure is intended to comply with Company’s rights and obligations under the DMCA, but does not constitute legal advice. You are advised to seek the advice of counsel regarding your rights and obligations under the DMCA and other applicable laws.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Links from WishFly™ to Third Party Websites
You may be able to link to third party websites (“Linked Sites”) from WishFly™. Linked Sites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Company’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. If you decide to access any Linked Sites, you do so entirely at your own risk. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from WishFly™ and/or introduce different features or links to different users.
Links from Third Party Websites to WishFly™
You are granted a limited, nonexclusive right to create a "hypertext" link to WishFly™ provided that such link is to the entry page of WishFly™ (or your personal page within WishFly™) and does not portray WishFly™ or Company or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at WishFly™, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Company.
Company may give you the opportunity to post a "widget," or code that creates a WishFly™ graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of WishFly™ widgets is subject to these Terms, that you will not post any WishFly™ widget on a web page containing content that is prohibited by these Terms, and that you will remove all WishFly™ widgets immediately upon termination and/or fulfillment of your [travel request].
How we share your details
Company may share your personal details such as Name, Address, Phone Number, Passport Number in order to facilitate your travel booking. These details are shared with out travel suppliers and maybe used to book your flights, hotels, and car rentals.
WishFly™ may also share your information with its payment processors, such as PayPal, WePay, and Stripe to accept contributions.
WishFly™ may share your plans to create a trip, and important milestones on your social media profiles, such as Facebook.
You will be asked to explicitly agree to to sharing this information on your Facebook.
You agree to defend, indemnify and hold COMPANY, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
ADDITIONAL DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
ADDITIONAL LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, TRAVEL SUPPLIERS OR OTHER CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO COMPANY OR THE SITE MUST BE COMMENCED WITHIN ONE HUNDRED EIGHTY (180) DAYS AFTER THE CLAIM OR CAUSE OF ACTION AROSE.
WE ARE ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES BY PROMOTING OR ACCEPTING RESERVATIONS OR BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS AIR AND GROUND TRANSPORTATION, HOTEL ACCOMMODATIONS, MEALS, TOURS, CRUISES, TRAVEL INSURANCE, ETC.) AND ARE IN NO WAY LIABLE FOR SUCH PROVIDERS' PRODUCTS AND SERVICES.
You agree that: (i) Company and the Site shall be deemed solely based in New York; and (ii) WishFly™ shall be deemed a passive service that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than New York. You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Company or relating in any way to your use of the Site resides in the state and federal courts of New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County.
To contact us with any questions or concerns in connection with this Site or these Terms, or to provide any notice to us please go to Contact Us or contact us at firstname.lastname@example.org.
The Terms constitute the entire agreement between you and Company and govern your use of the Site, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of this Agreement or your use of the Site.
The failure of COMPANY to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without Company’s express written consent.
The Terms inure to the benefit of Company’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
As a courtesy and convenience only, the Site and these Terms may be translated and available in languages other than English. Notwithstanding any translation into another language, the English version governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.