PLEASE READ THIS USER
AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SITE. Your use of this site is expressly conditioned on your
acceptance of the following terms and conditions. By using this site,
you signify your assent to these terms and conditions. If you do not
agree with any part of the following terms and conditions, you must
not use this site.
1. This site, and each of its modules,
together with the arrangement and compilation of the content found
on this site, is the copyrighted property of Airtkt.com and/or its various third party providers and distributors. Much of
the content found on this site is owned by third party providers and
distributors and, specifically, certain data relating to schedules
is the copyrighted work of Official Airline and other information
providers. In addition, the trademarks, logos and service marks displayed
on this site (collectively, the "Trademarks") are registered
and common law Trademarks of Airtkt.com , its affiliates, and various
third parties. Nothing contained on this site should be construed
as granting, by implication, estoppel, or otherwise, any license or
right to use any of the Trademarks without the written permission
of Airtkt.com.
2. Airtkt.com grants you a limited, non-transferable
license to use this site in accordance with the terms and conditions
of this User Agreement. You may only use this site to make legitimate
reservations or purchases and shall not use this site for any other
purposes, including without limitation, to make any speculative, false
or fraudulent reservation or any reservation in anticipation of demand.
This site and the content provided in this site, including the text,
graphics, button icons, may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without the written permission
of Airtkt.com, and/or its third party providers and distributors,
except that you may download, display and print the materials presented
on this site for your personal, non-commercial use only. You may not
use any "robot," "spider" or other automatic device,
or a program, algorithm or methodology having similar processes or
functionality, or any manual process, to monitor or copy any of the
Web pages, data or content found on this site, in any case without
the prior written permission of Airtkt.com. You agree that you will
not transmit or otherwise transfer any Web pages, data or content
found on this site to any other computer, server, Web site, or other
medium for mass distribution or for use in any commercial enterprise.
You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of this
site. You agree that you will not take any action that imposes a burden
or load on our infrastructure that Airtkt.com deems in its sole discretion
to be unreasonable or disproportionate to the benefits Airtkt.com
obtains from your use of the site. Unauthorized use of this site and/or
the materials contained on this site may violate applicable copyright,
trademark or other intellectual property laws or other laws. You must
retain all copyright and trademark notices, including any other proprietary
notices, contained in the materials, and you must not alter, obscure
or obliterate any of such notices. The use of such materials on any
other Web site or in any environment of networked computers is prohibited.
You are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic
or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. In addition, you are
prohibited from posting or transmitting any information which (a)
infringes the rights of others or violates their privacy or publicity
rights, (b) is protected by copyright, trademark or other proprietary
right, unless with the express written permission of the owner of
such right, (c) contains a virus, bug or other harmful item, or (d)
is used to unlawfully collude against another person in restraint
of trade or competition. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark, or other
proprietary right, or any other harm resulting from your use of this
site.
3. If you use this site, you are responsible for maintaining
the confidentiality of your account information and your password.
You agree to accept responsibility for all activities that occur under
your account or password. You represent that you are of sufficient
legal age to use this site and to create binding legal obligations
for any liability you may incur as a result of the use of this site.
You understand that you are financially responsible for all uses of
this site by you and those using your login information.
4. You have read the Airtkt.com Privacy Policy, the terms of which
are incorporated herein, and agree that the terms of such policy are
reasonable. You consent to the use of your personal information by
Airtkt.com and/or its third party providers and distributors in accordance
with the terms of and for the purposes set forth in the Airtkt.com
Privacy Policy.
5. Airtkt.com may, from time to time monitor and review any information
transmitted or received through this site and reserves the right to
censor, edit, remove or prohibit the transmission or receipt of any
information that Airtkt.com deems inappropriate or in violation of
these terms and conditions. During monitoring, the information may
be examined, recorded or copied, and your use of this site constitutes
your consent to such monitoring and review.
6. Airtkt.com AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS
MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS
PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS"
BASIS. Airtkt.com AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO
NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF
ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER Airtkt.com
NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE,
ITS SERVERS OR ANY E-MAIL SENT FROM Airtkt.com ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE
TO STATE.
7.Airtkt.com ASSUMES NO RESPONSIBILITY, AND SHALL NOT
BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF,
OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA,
TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL Airtkt.com
OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
(ii) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF
OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR
TICKETING), OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY Airtkt.com
OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED
TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY,
DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Airtkt.com or any third party provider
or distributor should be found liable for any loss or damage which
arises out of or is in any way connected with any of the above described
functions or uses of this site or its content, the liability of Airtkt.com
and the third party providers and distributors shall in no event exceed,
in the aggregate, the greater of (A) the subscription fee and service
charge for accessing this site, or (B) US$100.00. In its sole discretion,
in addition to any other rights or remedies available to Airtkt.com
and without any liability whatsoever, Airtkt.com at any time and without
notice may terminate or restrict your access to any component of this
site. Some states do not allow limitation of liability, so the foregoing
limitation may not apply to you.
8. You shall defend and indemnify Airtkt.com and any third
party providers and distributors and their officers, directors, employees
and agents from and against any claim, cause of action or demand,
including without limitation reasonable legal and accounting fees,
brought by or on your behalf in excess of the liability described
herein or by third parties as a result of your use of this site.
9. This site contains links to other Web sites which are
provided solely as a convenience to you and not as an endorsement
by Airtkt.com, its third party providers or distributors of the contents
of such other Web sites. None of Airtkt.com or any third party provider
or distributor shall be responsible for the content of any other Web
sites and make no representation or warranty regarding any other Web
sites or the contents or materials on such Web sites. If you decide
to access other Web sites, you do so at your own risk.
10. The relationship between Airtkt.com and you will be
that of independent contractors, and neither of us nor any of our
respective officers, agents or employees will be held or construed
to be partners, joint ventures, fiduciaries, employees or agents of
the other.
11. This Agreement and its performance shall be governed by
the laws of the state of California, United States of America, without
regard to its conflict of laws provisions. You consent and submit
to the exclusive jurisdiction of the state and federal courts located
in Los Angeles county, the state of California, United States of America,
in all questions and controversies arising out of your use of this
site and this Agreement. To the extent allowed by applicable law,
any claim or cause of action arising from or relating to your access
or use of this site must be brought within two (2) years from the
date on which such claim or action arose or accrued.
12. ATTORNEY'S FEES. If Airtkt.com or its
affiliates take any action to enforce this User Agreement and these
terms and conditions, such parties will be entitled to recover from
you, and you agree to pay, all reasonable and necessary attorney's
fees and any cost of litigation, in addition to any other relief,
at law or in equity, to which such parties may be entitled.
13. You acknowledge that a violation or attempted violation
of any of this User Agreement and these terms and conditions will
cause such damage to Airtkt.com as will be irreparable, the exact
amount of which would be difficult to ascertain and for which there
will be no adequate remedy at law. Accordingly, you agree that Airtkt.com
shall be entitled as a matter of right to an injunction issued by
any court of competent jurisdiction, restraining such violation or
attempted violation of these terms and conditions by You, or Your
affiliates, partners, or agents, as well as recover from You any and
all costs and expenses sustained or incurred by Airtkt.com in obtaining
such an injunction, including, without limitation, reasonable attorney's
fees. You agree that no bond or other security shall be required in
connection with such injunction.
14. Airtkt.com may terminate this User Agreement and these terms
and conditions and/or the provision of any of the services at any
time for any reason, including any improper use of this site or your
failure to comply with these terms and conditions. Such termination
shall not effect any right to relief to which Airtkt.com and its third
party providers and distributors may be entitled, at law or in equity.
Upon termination of this User Agreement and these terms and conditions,
all rights granted to you will terminate and revert to Airtkt.com
and its third party providers or distributors, as applicable.
15. You may not assign, convey, subcontract or delegate your
rights, duties or obligations hereunder.
16. Airtkt.com may at any time modify these terms and conditions
and your continued use of this site will be conditioned upon the terms
and conditions in force at the time of your use.
17. Additional terms and conditions may apply to reservations,
purchases of goods and services and other uses of portions of this
site, and you agree to abide by such other terms and conditions.
18. These terms and conditions shall be deemed severable. In
the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
19. The headings used in this User Agreement are included for
convenience only and will not limit or otherwise affect the terms
and conditions herein.
20. This User Agreement, together with any terms and conditions
incorporated herein or referred to herein constitute the entire agreement
between us relating to the subject matter hereof, and supersedes any
prior understandings or agreements (whether oral or written) regarding
the subject matter, and may not be amended or modified except in writing
or by making such amendments or modifications available on this site.