Effective Date: September 2016
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES.
1. Site Content, Ownership, Limited License, and Rights of Others
The Site contains a variety of: (i) materials and other items relating to Options Away and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Options Away (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
The Site (including past, present, and future versions) and the Content are owned or controlled by Options Away and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Options Away or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Options Away owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
1.3 Limited License.
Subject to your strict compliance with these Terms and the Additional Terms, Options Away grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Options Away 's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
1.4 Rights of Others.
In using the Site, you must respect the intellectual property and other rights of Options Away and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Options Away respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Section 7 below.
2. Feedback You Submit
3. Site and Content Use Restrictions
3.1 General Site Use Restrictions.
You agree that you will not: (i) aside from your purchase of goods or services offered for sale by Options Away or its affiliates, use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Options Away; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user 's access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Options Away, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site or the Content; or (vii) otherwise violate these Terms or any Additional Terms.
3.2 Content Use Restrictions.
You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors ' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Options Away or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
3.3 Availability of Site and Content.
Options Away may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in Options Away 's sole discretion, and without advance notice or liability.
3.4 Transactional Use Restrictions.
You agree that you will not (collectively, the “Transactional Restricted Use”): (i) purchase more than one (1) TripLock on the same flight unless the multiple TripLocks are purchased in a single transaction. For the avoidance of doubt, if a search for a two (2) passenger itinerary does not show a TripLock available then the user is not permitted to make two (2) individual transactions in order to purchase multiple TripLocks on the same flight; (ii) book a ticket for a party on a flight for which you have an active TripLock; (iii) manipulate the inventory of a flight on which you have an active TripLock, or that you are aware of an active TripLock; (iv) use the TripLock product in any way that may cause financial or reputational harm or in any other way may harm to Options Away; (v) book a ticket as part of a TripLock exercise at a higher fare if a lower fare is available; or (vi) take any action (or fail to take any action) that has an adverse effect on the manner in which TripLock works (whether such adverse effect is known to you or not) if it could be reasonably anticipated that such action (or inaction) would have such an adverse effect. Should any Transactional Restricted Use of the TripLock product result in the increase of a fare held by a customer or financial harm to Options Away, Options Away reserves the right to charge you for the full amount of the fare increase and/or financial losses to Options Away plus any other fees associated with such Transactional Restricted Use.
3.5 Reservation of All Rights Not Granted as to Content and Site.
These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Options Away and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
4. Opening and Terminating Accounts
5. What We Provide and Sell
5.1 What we provide and sell.
The Site sells TripLocks® (as described further below) in the form of “Holds”, “Locks”, “Options” and “24-Hour Convenience Holds” (collectively, “TripLocks”), which can also be described as a price availability guarantee which represents a right for the purchaser of a TripLock to purchase a specified airline ticket during a specified period for a predetermined price. In addition, the Site also provides features (collectively, with TripLocks, “Features”) related to searching airline flight-related information, “watch” functionality to provide customers with alerts about such flight information, “insights” related to such flight-related information and also facilitates booking of airfares. Each of the foregoing features (including, without limitation, Features) is provided on an as-is, where-is basis without any warranty of any kind whatsoever other than as expressly provided herein.
5.2 What is a TripLock?
Each TripLock has a unique period of time for which the TripLock period stays open so it is always important to understand the period of time tied to your TripLock carefully before purchasing. The price of a TripLock includes a service fee for the processing of the transaction as well as a fee related to the risk associated with the change in airfare related to your TripLock. In the case of a 24-Hour TripLock there is only a fixed service fee for the processing of the transaction. The purchase of a TripLock indicates acceptance of these Terms. TripLock terms may also, include, without limitation, the TripLock price (i.e. what you pay for the TripLock only); the exercise price (i.e., the amount you must pay for the airline ticket if you properly exercise the TripLock); first permitted exercise date (i.e., when the ability to purchase first becomes capable of exercise by you); TripLock expiration date (i.e., the last day when the TripLock is allowed to be exercised by you); and may include such additional information as deemed necessary by TripLocks Away to sufficiently describe the TripLock terms in our sole discretion.
5.3 Purchasing a TripLock.
Before you purchase TripLock(s), you must verify your selection and the TripLock terms associated with it. Purchase of a TripLock indicates acceptance of the TripLock terms and these Terms. While the terms applicable to a TripLock will not change once it has been purchased, please see Section 6(g) below entitled “What Happens If My Flight Is Sold Out At The Time I Exercise My TripLock?” The TripLock(s) your purchase are stored and maintained in your account once purchased and any exercise of the TripLock during the exercise period will be through the TripLocks Away checkout process. To complete any purchase, you must select the applicable TripLock and enter valid payment details that will be verified by us. All sales are final. Options Away reserves the right to restrict its TripLock offering on any flight at any time. Within 90 minutes of the TripLock purchase, or if the Customer attempts to Exercise the TripLock within 90 minutes of purchase, Options Away reserves the right to confirm with the airline, vendor, OTA or applicable distribution partner that the fare covered by the TripLock is valid. In cases where flights are subsequently found to have been offered due to incorrect airline, vendor, OTA or applicable distribution partner pricing, Options Away reserves the right to retroactively cancel the TripLock purchase and refund the TripLock fee paid. There will be no further obligation by Options Away related to the TripLock purchased or the flight it was related to. Subject to the rest of the Terms, TripLocks will remain in your account until such time as you have exercised the TripLock or such TripLock has expired. A TripLock may not be transferred by any other means or moved outside of the Options Away system.
5.4 Exercise of TripLock by TripLock Holder.
Your purchase of the airline tickets under the terms of the TripLock is known as “exercising the TripLock.” When you exercise the TripLock, you are completing a separate transaction whereby you are actually purchasing the airline tickets underlying the TripLock. The exercise process requires the payment of the exercise price (aka strike price) (as stated in the original TripLock) to acquire the airline tickets. If the price of your ticket has not changed, you may book the ticket via Options Away for the original fare plus a booking fee. Alternatively you may book the ticket on any other site and let your TripLock expire. In some cases Options Away may be able to offer an airfare lower than the original strike price. In these cases, TripLocks Away will charge the lower fare, along with a service fee related to changing the terms of the original TripLock. For TripLocks purchased on international routes, your airfare may change slightly due to the exchange rate between the international airline home currency and the USD. In these cases you will be charged the fare in USD based on the exchange rate at the time of exercise, not at the time of your TripLock purchase. Each TripLock will contain a limited period of exercise (i.e., “exercise window,” commencing at first permitted exercise date and ending at 3:00 p.m. central time (or such earlier time as may be specified) on the TripLock expiration date) during which time the TripLock holder can exercise the TripLock. In some instances this exercise window may be several weeks in the future and/or could be limited to a very short period of time. Options Away assumes no responsibility for notifying a user of the exercise window, as the exercise window will clearly be laid out in the terms of the TripLock. IT IS YOUR RESPONSIBILITY AS TripLock HOLDER TO MONITOR THE APPLICABLE EXERCISE WINDOW AND EXERCISE PRIOR TO THE TripLock EXPIRATION DATE IF YOU DESIRE TO EXERCISE THE TripLock. At the time of exercise of the TripLock, you will be required to pay the applicable exercise price and will be provided with one or more alternatives as to how to receive the airline tickets you purchased.
5.5 Expiration of a TripLock.
When a TripLock reaches its expiration date without having been exercised, the purchase rights underlying the TripLock are extinguished and they have no further value. Expired TripLocks cannot be exercised, redeemed or exchanged in any manner. Likewise, once a TripLock has been exercised it has no further value and cannot be further exercised, redeemed or exchanged in any manner.
5.6 Changes to a TripLock
If you require any changes to your TripLock you may email email@example.com or call the Options Away customer service desk at (312) 997-5800 and our customer service representatives will try to assist. Any changes to your original TripLock (including but not limited to change in number of passengers, change in flight details, change in date, change in length of hold, etc.) will result in a customer service fee ranging from $10-$50.
The TripWatch™ product differs from TripLock in that you are not locking in the price of a flight at the time the TripWatch is purchased. TripWatch allows you to set various parameters for a desired flight that may not currently be available in the market. For example, you may want a flight that is less expensive than the current best published fare. TripWatch will automatically monitor flights and attempt to find a flight that closely matches your set criteria. If Options Away is able to find a matching flight, the TripWatch system will attempt to automatically generate a TripLock for this flight. You will then be notified via email and have a period of time (1 hr – 24 hrs depending on the TripWatch) to confirm the flight. Options Away may send you flight suggestions that do not exactly match the criteria that you are searching for and/or create a TripLock for you if the availability of a fare is limited. These flight suggestions may be notifications only or may be automatically locked in. A booking fee will be added to your flight purchase should you decide to take this flight. Options Away cannot guarantee that it will find a flight that matches your set TripWatch criteria, even if it is available. Further, Options Away does not guarantee the availability of the flight or fare until you have booked the flight and paid for it in full. Options Away is not obligated to send you a reminder of your TripWatch or notify you if the fare is not longer available. For the avoidance of doubt, Options Away holds no liability should the flight and/or fare you are notified for is no longer available when you try to book the fare.
6. Terms Applicable to Purchases on the Site
To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. Prior to the purchase of any goods or services on our Site, unless you pay through an alternative payment method that we accept on the Site, you must provide a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the credit card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your credit card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales are final. All charges from those sales are non-refundable. For each purchase made on the Site, you agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. We or our payment processer will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
6.2 Methods of Payment, Credit Card Terms and Taxes.
All payments must be made by Visa, MasterCard, Discover, American Express and Diner 's Club International. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy and accept debit cards. In some cases we may accept PayPal for TripLock purchase but not for ticket purchases. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents.
6.3 Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by us upon our delivery of the item that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing and except as set forth in Section 6(G) below, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with us has been effected until you receive a confirmation from us via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.
6.4 No Responsibility to Sell Mispriced Products or Services.
We do our best to describe every item, product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, we shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
6.5 Modifications to Prices or Billing Terms.
WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
6.6 ALL SALES FINAL/NO REFUNDS.
ALL SALES OF TRIPLOCKS OR AIRLINE TICKETS ON THE SITE ARE FINAL. YOU UNDERSTAND AND AGREE THAT A TRIPLOCK MAY EXPIRE AND THEREAFTER NO LONGER REPRESENTS A PURCHASE RIGHT OR HAS ANY REMAINING VALUE. NO REFUNDS WILL BE GIVEN BY US, OUR PARTNER COMPANIES OR SPONSORS FOR EXPIRED TRIPLOCKS. FURTHER, ONCE A TRIPLOCK HAS BEEN EXERCISED ANY REFUNDS, EXCHANGES OR THE LIKE WITH RESPECT TO THE AIRLINE TICKETS PURCHASED MUST BE HANDLED WITH THE GOOD, PRODUCT OR SERVICE SUPPLIER DIRECTLY.
6.7 What Happens If My Flight Is Sold Out At The Time I Exercise My TripLock?
Although we do our best to ensure that the exact flight that is tied to your TripLock will be available when you exercise the TripLock, it is possible that the flight may be sold out and/or the fare class no longer available for purchase. In this instance, we reserve the right to substitute a different flight on the same or different airline that is similar to the original flight tied to your TripLock and you are required to accept that flight without any liability to us. In the unlikely event that we are unable to offer you another flight, we agree to pay you a sum of One Hundred Dollars (U.S. $100.00) or equivalent in the currency where you purchased your TripLock, towards an alternate flight based on eligibility requirements stated below which will serve as liquidated damages for our failure to provide you with the flight that was tied to your TripLock. You acknowledge that $100.00 USD is a reasonable estimate of your damages from any inability for us to provide you with the airline tickets associated with exercising the TripLock. You also acknowledge that your right to receive liquidated damages shall be the sole remedy that you will be entitled to for our failure to provide you with the airline tickets associated with your TripLock and you waive your right to litigation for any reason.
To submit a Sold Out Claim, and receive One Hundred Dollars (U.S. $100.00) or equivalent in the currency where you purchased your TripLock, please forward a copy of your flight confirmation email sent by the airline or travel website to firstname.lastname@example.org.
Please note that eligible Sold Out claims must reflect the following:
- Alternative flights must be booked for the same Origin and Destination along with similar travel dates (+/- 3 Days).
- Alternative flights must be booked for the same passengers that were original reported during the TripLock purchase.
- Your flight booking must be an active itinerary upon processing (e.g. itinerary matches the email confirmation without any changes, booking is active and has not been cancelled).
- Your claim was submitted to email@example.com within 48 hours after receipt of flight booking confirmation email from the airline or online travel website.
- For faster processing, please forward from the same email address you used to purchase your original TripLock.
In cases where an itinerary is no longer offered via the prevailing Global Distribution System (GDS) due to major schedule changes, cancellations by the airline, change in flight number, or other factors outside of our control, we reserve the right to cancel and refund your original TripLock fee paid. Please contact firstname.lastname@example.org with any questions.
7. Procedure for Alleging Infringement of Intellectual Property
If you own intellectual property and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to the addresses set forth in Section 14 that includes all of the following:
- a legend or subject line that says: “Intellectual Property Infringement Notice”;
- a description of the intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
- your full name, address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
- your electronic or physical signature.
- We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to Options Away with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
8. Questions and Customer Service
If you have a question regarding using the Site, you may contact Options Away Customer Support by sending an e-mail to: email@example.com or calling our toll-free number at: 1 (312) 997-5800. You acknowledge that the provision of customer support is at Options Away 's sole discretion and that we have no obligation to provide you with customer support of any kind.
9. Product Specifications; Pricing; Typographical Errors
We endeavor to publish and maintain accurate prices and information for the services we offer. Our travel service providers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our travel service providers, we or our travel service providers retain the right to refuse or cancel any requests placed for such service. We and/or our travel service provider shall have the right to refuse or cancel any such requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your request is canceled because of incorrect travel service provider information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates and inventory are subject to availability from the travel service provider.
10. Travel Services Terms and Conditions
10.1 Travel Service Providers.
You agree to abide by the terms or conditions of purchase imposed by any travel services provider, whether that travel services provider is selected by you or by us, including, but not limited to, payment of all amounts when due and compliance with the travel services provider's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such travel services provider's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Options Away debiting your account for any costs we incur as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site. You agree that we will not 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 the performance or non performance of any travel services provider, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a travel services provider, you agree that your sole recourse shall be toward such travel services provider and not toward us.
10.2 Airline Service Restrictions.
Airline tickets available through this Site are subject to the published conditions of carriage and rules, including, but not limited to, cancellation policies, of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time - schedule changes can result in an itinerary that falls outside of contractual agreements. Airlines may also in their discretion change or cancel flights or itineraries. We endeavor to publish and maintain accurate prices and information for its airline services. Airlines provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from an airline, we and/or the airline retain the right to refuse or cancel any requests placed for such service. We and/or the airline shall have the right to refuse or cancel any such requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your request is canceled because of incorrect airline information, we and/or the airline will promptly issue a credit to your credit card account in the amount of the charge. In the event that an airline publishes a fare at one price and later determines not to honor that fare at that price, we are not responsible and cannot honor the price that was originally listed by the airline. Only the airline can determine whether or not to honor the misstated price.
10.3 Age Requirements
For published price airline tickets, you may make an airline reservation for children age 15 or older to fly without an adult (18 or older) accompanying them. For children under the age of 15, at least one adult passenger age 18 or older must accompany the child(ren) on the same reservation.
10.4 Airline Prohibited Practices.
You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a “point-beyond”, “hidden-city”, or “back-to-back tickets” if those practices are prohibited by the airline(s). You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel if that practice is prohibited by the airline(s). You acknowledge that most airlines prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets if you engage in these practices. You agree to indemnify the Options Away Parties (defined below) against airline claims, on the basis of these or any other prohibited practices, for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased. Most airlines require you to use flight coupons in sequential order. For those airlines who allow the use of a ticket for only one segment, if you do not cancel all or part of your journey prior to the departure of any segment of your itinerary, you may forfeit up to the value of your airline ticket, depending on the rules of the fare purchased.
10.5 Taxes and Fees Changes on Published Price Airline Tickets.
Government imposed taxes and fees and any applicable airline imposed fees are either included in your fare or itemized separately on your checkout page to provide a trip cost. Tax rates in effect at time of purchase are applied to your ticket price. For international flights, as described below, entry or exit fees may be charged that are not included in your fare or itemized separately on your checkout page. A non-refundable fee per ticket will be applied to published price airline itineraries that include more than one carrier. Paper ticket fees, itinerary change/cancellation/refund fees, baggage fees and Entry or Exit fees on certain international flights may also apply to your itinerary, as described below:
10.5.1 Paper Ticket Fees:
A shipping and handling fee will be charged if your itinerary requires the issuance of paper tickets. If your tickets are rerouted or are undeliverable and are returned, there will be an additional re-handling fee. Note: This fee, if applicable, will be displayed on your contract prior to purchase.
10.5.2 Itinerary Changes/Cancellations/Refunds:
Air travel itinerary changes, if permitted by the fare, may have a change fee charged by the airline typically ranging between $100 and $250 USD per ticket that will vary by market, carrier and specific fare rule. In addition, any changes made with us to your itinerary will incur a per ticket change or cancellation fee. You agree that you will contact Options Away concerning any airline ticket that you purchase through the Site for any and all customer service inquiries related to your ticket, including, without limitation, if you need to change your itinerary or make changes to your airline reservation. To the extent that you require Options Away to handle any customer service request associated with your airline ticket purchased through the Site, we reserve the right to charge your credit card a fee of $50 USD for each request that you make for Options Away to handle your request.
10.5.3 Baggage and Other Ancillary Airline Fees:
The airlines may require you to pay additional fees at the airport for certain services and/ or if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance.
10.5.4 Entry/Exit Fees:
If you are traveling internationally, some countries or airports charge fees upon entering and/or exiting the country. These fees are not included in the ticket price, or the taxes and fees we display on our website prior to purchase. For more information on a specific country's entry/exit fee, we suggest that you visit www.travel.state.gov prior to departure.
10.5.6 24-Hour TripLock
Airlines are required to provide a 24-Hour refund or hold on any airline tickets purchased. When you purchase a 24-Hour convenience hold with Options Away we are purchasing the ticket on your behalf but not charging your credit card for the price of the ticket. Options Away charges a service fee as outlined in section 4 for this process. If you decide to exercise your TripLock then your credit card will be charged for the full price of the ticket. In this case you will not be eligible for a 24-hour refund for your ticket purchase. Should you decide to cancel your trip you will be charged a cancellation fee as outlined in Section 10.5.1 of these terms.
11. Links by You to the Site
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Options Away or cause any other confusion, and (c) the links and the content on your website do not portray Options Away or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Options Away. Options Away reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
12. Linked-To Websites; Advertisements; Dealings with Third Parties
12.1 Linked Sites; Advertisements.
You may arrive at the Site or interact with the Features of the Site as a result of a link from a third-party website or company that may or may not have a business relationship with Options Away. By accessing the Site and/or accessing, using or otherwise interacting with the Features, you agree to be bound by these terms and conditions in all respects as if you were a visitor directly to the Site.
The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Options Away. Options Away may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and Options Away does not assume any obligation to review any Linked Sites. Options Away does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Options Away is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Options Away will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. Options Away disclaims all liability in connection therewith.
12.2 Dealings with Third Parties.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Options Away disclaims all liability in connection therewith.
13.1 Wireless Features.
The Site may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Site 's features and upload content to the Site, receive messages from the Site, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
13.2 Terms of Wireless Features.
You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify Options Away of any changes to your wireless contact information (including phone number) and update your accounts on the Site to reflect the changes.
14. Dispute Resolution
Certain portions of this Section 14 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Options Away agree that we intend that this Section 14 satisfies the “writing” requirement of the Federal Arbitration Act.
14.1 First - Try to Resolve Disputes and Excluded Disputes.
If any controversy, allegation, or claim arises out of or relates to the Site, the Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Options Away 's actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 14(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 14(A). Your notice to us must be sent to: Options Away LLC, 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654 (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Options Away and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Options Away to resolve the Dispute or Excluded Dispute on terms with respect to which you and Options Away, in each of our sole discretion, are not comfortable.
14.2 Forums for Alternative Dispute Resolution
If we cannot resolve a Dispute as set forth in Section 14(A) within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 14(B). If we cannot resolve an Excluded Dispute as set forth in Section 14(A) within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and Options Away consent, in a writing signed by you and an Officer or legal representative of Options Away, to have that Excluded Dispute subject to arbitration. In such a case (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 14(B).Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Options Away elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and Options Away do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 14(B)(i), then this paragraph and the remainder of this Section 14(B) will not apply to the Excluded Dispute.If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS ' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Options Away consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for a the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service. You can obtain AAA and JAMS procedures, rules, and fee information as follows:
14.3.1 Nature, Limitations, and Location of Alternative Dispute Resolution.
In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys ' fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Options Away to pay a greater portion or all of such fees and costs in order for this Section 14 to be enforceable, then Options Away will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator 's decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
14.3.2 Limited Time to File Claims.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 14(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
14.3.3 Injunctive Relief.
The foregoing provisions of this Section 14 will not apply to any legal action taken by Options Away to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content and/or Options Away 's intellectual property rights (including such Options Away may claim that may be in dispute), Options Away 's operations, and/or Options Away 's products or services.
14.3.4 Small Claims Matters Are Excluded from Arbitration Requirement.
Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 14(G).
14.3.5 No Class Action Matters.
Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 14(B)(i) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 14(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 14(G).
14.3.6 Federal and State Courts in Cook County.
Except to the extent that arbitration is required in Section 14(B), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Cook County, IL. Accordingly, you and Options Away consent to the exclusive personal jurisdiction and venue of such courts for such matters.
15. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. herefore, to the fullest extent permissible by law, Options Away and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Options Away Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
the Site (including the Content);
the functions, features, or any other elements on, or made accessible through, the Site;
any products, services, or instructions offered or referenced at or linked through the Site;
security associated with the transmission of your information transmitted to Options Away or via the Site;
whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
whether any defects to the Site will be repaired; and
whether your use of the Site is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A Options Away PARTY, Options Away PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions ' laws are applicable.
16. LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY Options Away PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
the Site (including the Content);
your use of or inability to use the Site, or the performance of the Site;
any action taken in connection with an investigation by Options Away Parties or law enforcement authorities regarding your access to or use of the Site;
any action taken in connection with copyright or other intellectual property owners or other rights owners;
any errors or omissions in the Site 's technical operation; or
any damage to any user 's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Options Away Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Options Away PARTIES ' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID Options Away IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
17. Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY Options Away OR A LICENSOR OF Options Away.
18. General Provisions
18.1 Updates to Terms.
Options Away reserves the right to modify these Terms and any Additional Terms, at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the Site, and that your use of the Site after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that Options Away posts them on the home page of the Site, or such later date as may be specified in them.
18.2 Options Away's Consent or Approval.
As to any provision in these Terms or any Additional Terms that grants Options Away a right of consent or approval, or permits Options Away to exercise a right in its “sole discretion,” Options Away may exercise that right in its sole and absolute discretion. No Options Away consent or approval may be deemed to have been granted by Options Away without being in writing and signed by an officer of Options Away.
18.3 Applicable Law.
These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the Illinois, without regard to its conflicts of law provisions.
You agree to, and you hereby, defend, indemnify, and hold Options Away Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys ' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Options Away Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Site and your activities in connection with the Site; (ii) your breach or alleged breach of these Terms or any Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) Options Away Parties ' use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Options Away Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Options Away Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Options Away Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Options Away Party.
18.5 Operation of Site; Availability of Products and Services; International Issues.
Options Away controls and operates the Site from its U.S.-based offices in the U.S.A., and Options Away makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
18.6 Export Controls.
Software related to or made available by the Site may be subject to export controls of the U.S.A. No software from the Site may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department 's list of Specially Designated Nationals or the U.S. Commerce Department 's Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce 's Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) - (iii) above.
18.7 Severability; Interpretation.
If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18.9 Investigations; Cooperation with Law Enforcement; Termination; Survival.
Options Away reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Options Away in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Options Away under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Options Away, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Options Away in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Options Away may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Options Away.
18.11 No Waiver.
Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Options Away in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
18.12 U.S. Government Restricted Rights.
If you are a government end user, then this provision applies to you. The Site provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.
19. Travel Service Disclosures
We are currently only accepting purchases on the Site from individuals who reside in the United States. Until such time as we notify you on the Site, we are specifically not offering any products or services to residents outside of the United States.