Last
updated February 03, 2023
TABLE OF
CONTENTS
These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and
FTS Flight Ticket Services
("
Company
," “we,"
“us," or “our”), concerning your
access to and use of the
https://FtsFlightticketservices.com
website as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right,
in our sole discretion, to make changes or modifications to these Terms
of Use from time to time. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive
any right to receive specific notice of each such change. Please ensure
that you check the applicable Terms every time you use our Site so that
you understand which Terms apply. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in
any revised Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
The
Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or
register for the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software,
website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos
contained therein (the “Marks”) are owned or controlled by us or
licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The
Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or
print a
copy of any portion of the Content to which you have properly gained
access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the
Marks.
By
using the Site, you represent and warrant that:
(1) you have the
legal capacity and you agree to comply with these Terms of
Use;
(2) you are not a
minor in the jurisdiction in which you reside
; (3) you will not
access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (4) you will not use
the Site for any illegal or unauthorized purpose; and (5) your use of the
Site will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or
any portion thereof).
You
may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
- Systematically
retrieve data or other content from the Site to create
or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with
security-related features of the Site,
including features that prevent or restrict
the use or copying of any Content or enforce
limitations on the use of the Site and/or
the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion,
us and/or the
Site.
- Use
any information obtained from the Site in
order to harass, abuse, or harm another
person.
- Make
improper use of our support services or
submit false reports of abuse or
misconduct.
- Use
the Site in a manner inconsistent with any
applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to the
Site.
- Upload
or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of
the Site or modifies, impairs, disrupts,
alters, or interferes with the use,
features, functions, operation, or
maintenance of the
Site.
- Engage
in any automated use of the system, such as
using scripts to send comments or messages,
or using any data mining, robots, or similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights
notice from any
Content.
- Attempt
to impersonate another user or person or use
the username of another
user.
- Upload
or transmit (or attempt to upload or to
transmit) any material that acts as a
passive or active information collection or
transmission mechanism, including without
limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes
referred to as “spyware” or “passive
collection mechanisms” or
“pcms”).
- Interfere
with, disrupt, or create an undue burden on
the Site or the networks or services
connected to the
Site.
- Harass,
annoy, intimidate, or threaten any of our
employees or agents engaged in providing any
portion of the Site to
you.
- Attempt
to bypass any measures of the Site designed
to prevent or restrict access to the Site,
or any portion of the
Site.
- Copy
or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript,
or other
code.
- Except
as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer
any of the software comprising or in any way
making up a part of the
Site.
- Except
as may be the result of standard search
engine or Internet browser usage, use,
launch, develop, or distribute any automated
system, including without limitation, any
spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or
using or launching any unauthorized script
or other
software.
- Use
a buying agent or purchasing agent to make
purchases on the
Site.
- Make
any unauthorized use of the Site, including
collecting usernames and/or email addresses
of users by electronic or other means for
the purpose of sending unsolicited email, or
creating user accounts by automated means or
under false
pretenses.
- Use
the Site as part of any effort to compete
with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor
or commercial
enterprise.
- Use
the Site to advertise or offer to sell goods
and services.
- Sell
or otherwise transfer your
profile.
5. USER
GENERATED CONTRIBUTIONS
The Site does not
offer users to submit or post content. We may provide
you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site,
including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As
such, any Contributions you transmit may be treated in
accordance with the Site Privacy Policy. When you create
or make available any Contributions, you thereby
represent and warrant that:
- The
creation, distribution,
transmission, public display, or performance,
and the accessing, downloading, or copying of
your Contributions do not and will not infringe
the proprietary rights, including but not
limited to the copyright, patent, trademark,
trade secret, or moral rights of any third
party.
- You
are the creator and owner of or have the
necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the
Site, and other users of the Site to use your
Contributions in any manner contemplated by the
Site and these Terms of Use.
- You
have the written consent, release, and/or permission
of each and every identifiable individual person in
your Contributions to use the name or likeness of
each and every such identifiable individual person
to enable inclusion and use of your Contributions in
any manner contemplated by the Site and these Terms
of Use.
- Your
Contributions are not false, inaccurate, or
misleading.
- Your
Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms
of solicitation.
- Your
Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by
us).
- Your
Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your
Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and
to promote violence against a specific person or
class of people.
- Your
Contributions do not violate any applicable law,
regulation, or rule.
- Your
Contributions do not violate the privacy or
publicity rights of any third party.
- Your
Contributions do not violate any applicable law
concerning child pornography, or otherwise intended
to protect the health or well-being of
minors.
- Your
Contributions do not include any offensive comments
that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms
of Use, or any applicable law or regulation.
Any
use of the Site in violation of the foregoing violates
these Terms of Use and may result in, among other
things, termination or suspension of your rights to use
the Site.
You
agree that we may access, store, process, and use any information
and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
7. GUIDELINES
FOR REVIEWS
We
may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity,
or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether
positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sublicensable
right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to
reviews.
8. SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
9. THIRD-PARTY
WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to
or originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the
Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or permitting
the use or installation of any Third-Party Websites or any Third-Party
Content does not imply approval or endorsement thereof by us. If you decide
to leave the Site and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should be aware
these Terms of Use no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website
to which you navigate from the Site or relating to any applications you use
or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations
of
these Terms of Use; (2) take appropriate legal action against anyone
who, in
our sole discretion, violates the law or these Terms of Use, including
without
limitation, reporting such user to law enforcement authorities; (3) in
our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any
of
your Contributions or any portion thereof; (4) in our sole discretion
and
without limitation, notice, or liability, to remove from the Site or
otherwise
disable all files and content that are excessive in size or are in any
way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
11. PRIVACY
POLICY
We care about data privacy and security. Please
review our Privacy Policy: https://FtsFlightticketservices.com/privacy-policy
. By using
the Site, you agree to be bound by our Privacy Policy, which
is incorporated into these Terms of Use. Please be advised
the Site is hosted in
the United States
. If you access the Site from any other region of the
world with laws or other requirements governing personal
data collection, use, or disclosure that differ from
applicable laws in
the United States
, then through your continued use of the Site, you
are transferring your data to
the United States
, and you agree to have your data transferred to and
processed in
the United States
.
These
Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from
registering and
creating a new account under your name, a fake or borrowed name, or the
name of
any third party, even if you may be acting on behalf of the third party.
In
addition to terminating or suspending your account, we reserve the right
to
take appropriate legal action, including without limitation pursuing
civil,
criminal, and injunctive redress.
13. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will
not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware,
software,
or other problems or need to perform maintenance related to the Site,
resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or
otherwise
modify the Site at any time or for any reason without notice to you. You
agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to
access or use the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply
any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed
by and construed in accordance with the laws of
the State of Illinois
applicable to agreements made and to be entirely performed within
the State of Illinois
, without regard to its conflict of law principles.
To
expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use
(each "Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other
Party.
If
the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and
exclusively resolved through binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes
("AAA Consumer Rules"), both of which are available at
the AAA website:
www.adr.org
.
Your arbitration fees and your
share of arbitrator compensation
shall be governed by the AAA
Consumer Rules and, where
appropriate, limited by the AAA
Consumer Rules.
The arbitration may be
conducted in person, through
the submission of documents,
by phone, or online. The
arbitrator will make a
decision in writing, but
need not provide a statement
of reasons unless requested
by either Party. The
arbitrator must follow
applicable law, and any
award may be challenged if
the arbitrator fails to do
so. Except where otherwise
required by the applicable
AAA rules or applicable law,
the arbitration will take
place in
Illinois
. Except as
otherwise provided herein, the Parties may litigate in court
to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.
If
for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the state and federal
courts located
in
Illinois
, and the Parties
hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such
state and federal courts
. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) is excluded from
these Terms of Use.
If this provision is found to be illegal or
unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable, and
such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal
jurisdiction of that court.
The
Parties agree that any arbitration shall be
limited to the Dispute between the Parties
individually. To the full extent permitted
by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no
right or authority for any Dispute to be
arbitrated on a class-action basis or to
utilize class action procedures; and (c)
there is no right or authority for any
Dispute to be brought in a purported
representative capacity on behalf of the
general public or any other persons.
Exceptions
to Informal Negotiations and
Arbitration
The
Parties agree that the following Disputes
are not subject to the above provisions
concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the
validity of, any of the intellectual
property rights of a Party; (b) any Dispute
related to, or arising from, allegations of
theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for
injunctive relief. If this provision is
found to be illegal or unenforceable, then
neither Party will elect to arbitrate any
Dispute falling within that portion of this
provision found to be illegal or
unenforceable and such Dispute shall be
decided by a court of competent jurisdiction
within the courts listed for jurisdiction
above, and the Parties agree to submit to
the personal jurisdiction of that
court.
There may be
information on the Site that contains typographical errors,
inaccuracies, or
omissions, including descriptions, pricing, availability, and various
other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
18. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or
demand, including
reasonable attorneys’ fees and expenses, made by any third party due to
or
arising out of:
(1) use of the
Site; (2) breach of these
Terms of Use; (3) any
breach of your representations and warranties set forth in these
Terms of Use; (4) your
violation of the rights of a third party, including but not limited
to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing
the
performance of the Site, as well as data relating to your use of the
Site. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or
that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from
any such
loss or corruption of such data.
21. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic
means.
22. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916)
445-1254.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Terms of Use is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the
validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please
contact us at:
FTS Flight Ticket Services
PO Box 23024,RPO Market Mall
,
Saskatoon, SK S7J 5H3, Canada
United States
