AGREEMENT BETWEEN CUSTOMER AND ALPHA MEDIA GROUP, LLC
Welcome to the AlphaFlightGuru.com website (collectively with all our websites, the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making reservations or otherwise transacting business with travel suppliers, and for no other purposes except as otherwise approved by us. The terms “we”, “us”, “our”, the “Company” and “AlphaFlightGuru.com” refer to Alpha Media Group, LLC, a California limited liability company. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents we call Gurus.
THIS WEBSITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS, AND NOTICES SET FORTH BELOW (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THE AGREEMENT. TO THE EXTENT YOU BOOK ANY TRAVEL PRODUCTS OR SERVICES ON THIS WEBSITE OR THROUGH OUR CALL CENTER AGENTS, YOU AGREE THAT THIS AGREEMENT SHALL APPLY TO ALL SUCH TRANSACTIONS. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR MAKE BOOKINGS THROUGH THIS WEBSITE OR OUR CALL CENTER AGENTS. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT. WE RESERVE THE RIGHT AT ANY TIME, AT OUR SOLE DISCRETION, TO CHANGE OR OTHERWISE MODIFY THE AGREEMENT WITHOUT PRIOR NOTICE, AND YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THE UPDATED OR MODIFIED AGREEMENT.
AIRLINE RULES, ITINERARY CHANGES, AND PRICE CHANGES
As part of the services offered to our customers, we attempt to offer the widest range of choice in flights and airlines, and as part of that service, provide information on those airlines on our website. Any appearances of an organization’s name or logo on this website are for informational and/or attribution purposes only, and do not imply an affiliation or approval by that organization.
Airline tickets 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.
In the event of a flight cancellation while at the airport, please see the airline ticketing counter or gate representative, as they have the most power to change your itinerary to the next available flight or accommodate you per the airline rules. This is the fastest way to get you on the next flight out.
If your ticket is not honored for any reason, please contact your Guru immediately. In most cases we can confirm your flight is authorized with the airline, and you will be on your way. In other cases, we will replace your ticket with an acceptable alternative of equal value or more within 24 hours. Your ticket is guaranteed up to the amount paid for the ticket, and AlphaFlightGuru.com will replace your ticket within 24 hours or offer a full refund, or provide other alternative options within 24 hours.
Frequent Traveler Points: Frequent traveler awards (miles, points etc.), upgrades, certificate vouchers and other discounts or incentives may not apply to AlphaFlightGuru.com flights, hotel stays, or other travel services. Please discuss this with your Guru for more information.
Frequent Flyer Account: We may, from time to time, assist you in booking travel by utilization of frequent flyer award miles/points. This procedure, although discouraged by the airlines, is perfectly legal, except in the State of Utah. You acknowledge, and explicitly permit, a guru to create a frequent flyer account on your behalf using your name and personal information to assist in booking award tickets. You also understand and agree that the frequent flyer account will be managed by the guru and account details may change. If you notice any errors in your account details, please notify your guru immediately.
Taxes and Fees: Advertised airfares and hotel prices are inclusive of all taxes and fees. However, because a supplier may separate taxes and fees, you may see charges on your credit card from both AlphaFlightGuru.com and these suppliers. Please contact your Guru for additional information if you have questions.
CANCELLATION AND REFUNDS
If you need to cancel your ticket for any reason, please contact your Guru for a Cancellation Form and to review your options. Cancellation and refund terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select from both airline and hotel suppliers. Please read these terms and conditions carefully on the airline or hotel or other accommodation providers websites.
Take special note that airline tickets and hotel accommodations and all service fees may not be refundable. Changes are permitted up to 48 hours from time of departure, cancellation and refunds are up to 72 hours from time of departure. However, there will be a minimum of $250 per person processing fee plus any applicable fees charged by the carrier/provider upon cancellation. Fees will vary depending on the provider’s terms and conditions. You will not receive a monetary refund when canceling. Instead, you will receive a credit (less any airline/hotel fees) towards a future ticket purchase on long haul international flights of equal or greater value, which will be valid for up to twelve (12) months from your original date of purchase. As your guru has explained to you during the booking process, this itinerary may be based upon a special promotional program. Notwithstanding any language in the Terms and Conditions on our Website to the contrary, this/these ticket(s) is(are) non-refundable, and may not be changed or cancelled. If all or any portion of an itinerary is not used for any reason, payment is forfeited.
If you miss your flight, go to the airline counter immediately or call your Guru if you are not near the airport. Missed flights are not refundable, and changes or replacement flights will be at the discretion of the airline supplier. In some cases we may be able to help you, but in most cases you will not be provided with a replacement flight unless the airline itself allows it. Contact the airline counter, or call your Guru, ASAP.
REFERRALS TO FLIGHTCENTER.COM
To assist our customers with their needs when they elect economy travel rather than business or first class, we have made arrangements with FlightCenter.com to provide our customers with competitive rates on economy airfare. Customers who elect to use that referral service consent to the transmittal of their travel request information to FlightCenter.com and understand and agree that AFG assumes no liability or responsibility for any travel arrangements made through FlightCenter.com
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select from both airline and hotel suppliers. Please read these additional terms and conditions carefully on the airline or hotel or other accommodation providers websites. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some airline or hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your travel. Such deposit is unrelated to any payment received by AlphaFlightGuru.com for your booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
All Promotional Programs are offered subject to the stated rules of each Program offered, and are open only to those who meet the stated qualifications of the subject Program, and who are 18 years of age or older as of the date of participation. All Programs are void where prohibited by law. Employees of AFG, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in any Program. All Programs are subject to all applicable federal, state, and local laws and regulations. AFG reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Promotional Program should virus, bug, non-authorized human intervention, fraud, or other cause beyond AFG’s control corrupt or affect the administration, security, fairness, or proper conduct of the Program.
“NEVER HAVE YOU EVER” PHOTO CONTEST
No purchase necessary. Participants must upload an image of themselves traveling. Each entry must include a caption and #FLYAFG. Entries can be submitted via Woobox, Facebook, Twitter, Instagram, and alphaflightguru.com. Limit ONE entry per person per day regardless of method of entry. Entries submitted in violation of the official rules, including multiple entries per day, will be void. All accepted entries become the property of Alpha Flight Guru. All entries must be received by August 16, 2016, the official end of the contest. Participants must be at least 18 years old to enter. Residents of New York, Florida, and Rhode Island are not eligible to participate.
Prize: There will be 2 round-trip business class tickets awarded to 1 contest winner. Alpha Flight Guru will provide 1 winner with 2 round-trip business class tickets from a major airport near the winner’s residence. All travel must begin and end at the same major airport. Winner is responsible for ground transportation to and from the airport. The airline is selected by Alpha Flight Guru. Winner must provide all required documents for air travel to the destination selected by the winner. After the winner receives his/her ticket, a change fee must be paid by the winner to change flights or dates of travel. Additional costs including, but not limited to, seat assignments, baggage fees, etc. are determined by the selected airline and will be the responsibility of the winner. Tickets booked in connection with this promotion are subject to all of the usual Terms of Service set forth on the AFG website. 1 winner will be selected on August 19, 2016, based on total number of votes received for each entry. Votes will be counted using Woobox’s voting platform. Winners will be publicized on Alpha Flight Guru’s website and social media and will also receive a notification email sent to the email address provided upon entering the contest. If no email address was submitted on entry due to a submission on Instagram, Facebook, or Twitter, a notification message will be sent through the platform. The winner will be given 7 days to respond after the contest has finished. If there is no response, the participant with the second highest vote count will be awarded the 2 round-trip ticket prize, and the first winner will be void. The winner will receive 2 roundtrip business class ticket to a destination of the winner’s choice of the following destinations:
Europe: Paris, Rome, Venice, Milan or Amsterdam
Asia: Hong Kong, Bangkok, Tokyo, Shanghai or Singapore
AFG reserves the right to pick the most suitable flight on the best carrier, and dates for departure and return must be flexible. Travel dates must be between August 31, 2016 and August 31, 2017. Short connecting flights from regional airports to a main connecting airport hub may be booked in economy class. Flights are based on availability, and must be booked at least 7 days in advance of travel date. All other expenses are the winner’s responsibility, including local and ground transportation, telephone/Internet, hotel accommodations, meals, room-service charges, parking fees, and gratuities.
Supplemental Prize: The winner who would like to enhance their experience by submitting a minimum of 1 photo, video, or blog for each day of their trip to firstname.lastname@example.org will be eligible to receive up to $350 in credit towards future travel booked through AFG. By submitting such travel documentation, the person or persons submitting the materials grant to Alpha Media Group LLC, owning and operating AFG, an unrestricted license to use such materials for promotional and marketing purposes.
Photo Requirements: Photographs must be in digital format. Only online entries will be eligible. The photograph, in its entirety, must be a single work of original material taken by the contest entrant. By entering the contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph. The photograph must not contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Disguising or misrepresenting the origin of the photograph is cause for disqualification.
Terms/Conditions: In the event of a dispute regarding the identity of the person submitting an entry, the entry will be determined to be submitted by the person in whose name the e-mail account is registered. By claiming a prize, winner agrees that Alpha Flight Guru does not have any liability whatsoever for any injuries, losses, or damages of any kind related to participation in this contest, or from acceptance or use of the prize. Acceptance of the prize shall constitute the winner’s agreement that Alpha Flight Guru may use and/or display the winner’s name, location (city only), likeness, biographical information, and/or prize information, without limitation, for promotional purposes. Prizes are not transferable or assignable. No cash alternative to prize is offered, and no substitutions are allowed.
AlphaFlightGuru.com believes in protecting your privacy.
What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience
(your information helps us to better respond to your individual needs)
• To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To send periodic emails. The email address you provide for order processing, will be used to send you information and updates pertaining to your order and emails that may include company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
Yes (cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information).
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
California Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), We do not collect any information from anyone under 13 years of age. Our Website, products and services are all directed to people who are at least 13 years old or older.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any airline or hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Alpha Media Group, LLC, and its subsidiaries and corporate affiliates (collectively, the “Company”) and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the “Company Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the Company may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on an airline or hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Company the right to pursue at law any person or entity that violates your or the Company’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that AlphaFlightGuru.com may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same airline or hotel, only your most recent submission is eligible for use.
The Company’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. AlphaFlightGuru.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at:
www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, ALPHAFLIGHTGURU.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The information, software, products and services published on this website may include inaccuracies or errors, including pricing errors. In particular, the company and the company affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc…). In addition, Alpha Flight Guru expressly reserves the right to correct any pricing errors on our website and/or pending reservations made under an incorrect price.In such an event, if available, we will offer you the opportunity to keep your pending reservations made under the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on the website are intended as only general guidelines, and the company and its affiliates do not guarantee that accuracy of the ratings, company, the company affiliates and their respective suppliers may make improvements and/or changes on this website at any time.
The company, the company affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the company or the company affiliates. All such information, software, products and services are provided “as is” without warranty of any kind. The company, the company affiliates, and their respective suppliers disclaim all warranties and conditions that the website, its servers or any email sent from the company, the company affiliates, and/or their respective suppliers are free of viruses or other harmful components. The company, the company affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.
The carriers, hotels, and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of the company or the company affiliates. The company and the company affiliates are not liable for the acts, errors, omissions, representations, warrantees, breaches, or negligence of any such suppliers for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The company and the company affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays re-routing or acts of any government or authority. In no event shall the company, the company affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including but not limited to, your reliance upon opinions appearing on this website; any computer viruses, information, software linked sites, products, and services obtained through this website; or otherwise arising our of the access to, display, or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the company, the company affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Company, the CompanyAffiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Company, the CompanyAffiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to AlphaFlightGuru.com in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company, the Company Affiliates, and/or their respective suppliers.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree to defend and indemnify the Company, the Company Affiliates, and/or their respective suppliers and any of their officers, managers, members, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of the Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than AlphaFlightGuru.com Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
BANK AND CREDIT CARD FEES
Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since AlphaFlightGuru.com may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are © 2012 Alpha Media Group, LLC All rights reserved. AlphaFlightGuru.com is not responsible for content on websites operated by parties. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. We only address messages concerning brand infringement at this email address.
CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT & COUNTER-NOTIFICATION
AlphaFlightGuru.com is a member of several travel trade associations, and may be authorized to use certain trademarks, logos, and other copyright or trademarks in accordance with the following associations: ARC, ASTA, BBB, IATA and others. For a full list email firstname.lastname@example.org. Those copyrights and trademarks remain the property of their respective owners.
AlphaFlightGuru.com respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information.
Please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete:
• A clear identification of the copyrighted work you claim was infringed.
• A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
• Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
• A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
• A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to email@example.com for the fastest resolution.
You may also send us your notice using the contact information below:
Attn: IP/Trademark Legal Dept., DMCA Complaints
33 New Montgomery Street, Suite 400
San Francisco, CA 94105
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees). In one case involving online content (See Online Policy Group vs. Diebold, Inc.), a company paid more than $100,000 in costs and attorneys fees after targeting content protected by the U.S. fair use doctrine.
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Notwithstanding the first sentence of this paragraph, (but without limiting, and you hereby acknowledge and agree to, our right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising from or relating to this Agreement (including the enforceability of this arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco County, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. You agree that no joint venture, partnership, or employment relationship exists between you and AlphaFlightGuru.com as a result of this.
Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and AlphaFlightGuru.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and AlphaFlightGuru.com with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. AlphaFlightGuru.com may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Seller of Travel: Alpha Media Group, LLC is a registered seller of travel in California.
California Seller of Travel number: 2103338-40
We are also members of ARC, ASTA, BBB, IATA and other trade associations.
For quick answers to your questions call your Guru, or our main # at 1-800-359-5157, or email
Attn: Customer Service
33 New Montgomery Street, Suite 400
San Francisco, CA 94105
Revised July 10, 2015 ©2012
Alpha Media Group, LLC All rights reserved