Our Services are not directed to persons under 13 years of age. In fact, access to and use of Our Services is only offered to persons 18 years of age and older. If you are under 18 years of age, please do not register to use Our Services.
Our Services enable Users to search and compare the price of certain flights and hotel rooms using cash or points.
All flight and hotel room information is owned, controlled and provided by third parties. We are not responsible for the accuracy, timeliness or completeness of third party information provided on Our Website nor are We able to guarantee any price information provided by a third party. Prices for flights and hotels change constantly. The actual price of Your flight or hotel room may vary from the price first-viewed on the Website.
Although we make the Services available to the general public or select Users on this Website, You are responsible for providing, at Your own expense, all equipment necessary to use the Services, including a computer, network hardware, and Internet access.
Your use of the Services is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communication through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to You on or through this Website, you agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information - that:
In addition, You may not use Your Account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Services may be available to You or other authorized Users of the Website. You shall not interfere with anyone else's use and enjoyment of the Services or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that We may at any time, and at Our sole discretion, terminate Your membership, Account, or other affiliation with Our Services without prior notice to You for violating any of the provisions set forth herein. In addition, You acknowledge that We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
These Services may link You to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied. Different terms and conditions and privacy policies may apply to Your use of any other site. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use or reliance on any content, products or services available on or through any such linked site.
Neither We nor Our licensors warrant or represent that Your use of materials displayed on, or obtained through, the Services will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us under any circumstance.
We respect the intellectual property of others, and We ask You to do the same. If You or any User of the Services believe its copyright, trademark or other property rights have been infringed by a posting on this Website, You or the User should send notification to the email address below immediately. To be effective, the notification must:
You must also sign the notification and send the written communication via email to firstname.lastname@example.org.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website and/or Services without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR A THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE WEBSITE AND THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THE WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through Your use of the Services, You may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and You. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
From time to time, We may make certain content available on the Website or through the Services, or through a website linked to the Website or Services, which represents the opinions, advice, statements or judgments of a third party not connected with Us. We neither compensate nor are We compensated by any third party in exchange for making such third party content available to You. Rather, We make this content available to You for purely informational purposes. We neither endorse nor are We responsible for the accuracy, completeness, usefulness or reliability of any opinion, advice, statement or judgment made available by Us on the Website or through the Services or through a website linked to the Website or Services other than the opinion, advice, statement or judgment of an authorized Pointimize, Inc. spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the availability of the Services may occur as normal events. You further understand and agree that We have no control over third party networks You may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the Services are provided "AS IS" and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION IN THE PROGRAMS, RELIANCE ON ANY THIRD PARTY CONTENT OR USE OF ANY WEBSITE REFERENCED IN OR LINKED TO FROM THE WEBSITE OR SERVICES.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Us, You agree to defend, indemnify, and hold harmless Pointimize, its directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees), including third party claims, (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on, directly or indirectly (a) Your use or misuse of the Website or Services, including but not limited to Your participation in the Programs, (b) Your reliance on third party content, (C) Your use of any website referenced in or linked to from the Website or Services, or (d) Your failure to comply with all laws, rules and regulations applicable to Your use of the Website, the Services, or Your participation in any Program. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.
You are solely responsible for maintaining the confidentiality of Your password and account and for any and all statements made and acts or omissions that occur through the use of Your password and account. Therefore, You must take steps to ensure that others do not gain access to Your password and account. Our personnel will never ask You for your password. You may not transfer or share Your account with anyone, and We reserve the right to immediately terminate Your account if You do transfer or share Your account.
From time to time, the Website may include advertisements provided by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
From time to time, We may make available a membership or referral program (collectively, the "Program"), at no cost to You, where, as a result of the frequency of Your use of the Services or Your participation in certain promotions offered by Us, You can achieve a certain membership status in Your Account entitling You to certain benefits. You understand, agree and accept the fact that (a) any such Program may be subject to additional terms (the “Program Terms”), which are incorporated herein by reference and (b) We may, in Our sole discretion, change the Program Terms of, suspend or terminate any Program for any reason, at any time, with or without prior notice to You. You also understand, agree and accept the fact that a change of the Program Terms of or suspension of the Program may result in, and a termination of the Program will result in, the forfeiture of any benefits earned but not redeemed as of the effective date of the change of the Program Terms, suspension or termination of the Program, respectively.
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our Services, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between You and Us that, except where expressly noted or contradictory, include these Terms.
We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
If we make mailboxes available, these mailboxes may have a limited storage capacity. If You exceed the maximum permitted storage space, We may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Although the Services may be accessible worldwide, We make no representation that materials or the Services are appropriate or available for use in locations outside the United States, including accessing them from territories where their contents are illegal and/or prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
Upon termination or suspension, regardless of the reasons therefore, Your right to use the Services immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files or the Services. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.
All notices to a party shall be in writing and shall be made via email at email@example.com. We may broadcast notices or messages through the Services to inform You of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website, or use of or access to the Services.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and Services available through Our Website arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.