Hipmunk, Inc.

Terms of Service

Here's what you're agreeing to by accessing or using Hipmunk, Inc.'s websites and its related mobile apps (collectively, the "Hipmunk Service"):

The Hipmunk Service is owned and operated by Hipmunk, Inc. ("Hipmunk," "we"). These Terms of Service are a binding legal agreement between you and Hipmunk regarding your use of the Hipmunk Service (together with the Privacy Policy and the Mobile Terms where applicable, the "Agreement"). If you do not accept these terms, please do not use the Hipmunk Service.

Your Responsibilities

The Hipmunk Service is for people trying to find travel information for themselves, their families, their coworkers, and their friends, and Hipmunk grants you a limited and revocable right to use the Service for those purposes. You represent that all information you supply on the Service is true, accurate, current and complete. If you book travel found on Hipmunk on another person's behalf, you represent that you are authorized to make that booking, and you agree to inform that person about all terms, conditions, rules, and restrictions applicable to that booking. Without separate, written permission from Hipmunk in advance, you may not: (i) reuse or "scrape" Hipmunk's data for use in another service or website, (ii) attempt to circumvent any controls or limitations Hipmunk places on your ability to access Hipmunk or information on the Hipmunk Service, including by means of robot exclusion headers, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Hipmunk Service or otherwise interfering with the proper function of the website, (iv) "frame," "mirror," or otherwise incorporate any part of the Hipmunk Service into any other website or service, or (v) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on the Hipmunk Service.

If you are looking for travel information for a commercial purpose (for example, if you are a travel agent), you may not use Hipmunk to find information and then book travel found on Hipmunk through another website or service. If you are using Hipmunk for a non-commercial reason (such as for personal use), you may choose to book your travel elsewhere (although we'd certainly prefer if you used the links we provide!).

Intellectual Property

The Hipmunk Service, and all information, data and other content and materials available on the Hipmunk Service, including, but not limited to, the Hipmunk logo and all designs, text, documents, graphics, software, sounds files, other files and the selection and arrangement thereof are the proprietary property of Hipmunk and its suppliers and licensors and are protected by U.S. and international intellectual property laws. Hipmunk and its suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.

HIPMUNK and the Hipmunk logo are trademarks of Hipmunk, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hipmunk. All other trademarks, product names and company names or logos mentioned on the Hipmunk website are property of their respective owners. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

Disclaimer of Warranties

THE HIPMUNK SERVICE IS OFFERED "AS IS"—THAT MEANS WE DON'T GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, AVAILABILITY, OR SPEED OF THE HIPMUNK SERVICE, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY, INCLUDING BUT NOT LIMITED TO: PRICES, SCHEDULES, FARES, PHOTOGRAPHS, SEAT AVAILABILITY, AIRCRAFT TYPES, AIRLINE NAMES, FREQUENT FLYER MILE EARNING, HOTEL AMENITIES, HOTEL RATINGS, OR THE HELP WE PROVIDE VIA LIVE CHAT OR EMAIL.

HIPMUNK AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND—EXPRESS OR IMPLIED—INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HIPMUNK DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR ANY EMAIL SENT FROM HIPMUNK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIPMUNK WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

IN EXCHANGE FOR HIPMUNK'S PROVISION OF THE HIPMUNK SERVICE TO YOU, YOU AGREE THAT HIPMUNK IS ENTITLED TO A LIMITATION OF LIABILITY. WHAT THAT MEANS IS THAT IN NO EVENT WILL HIPMUNK—OR ITS LICENSORS OR SUPPLIERS—BE LIABLE ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE HIPMUNK SERVICE, ON ANY THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF HIPMUNK OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY AMOUNTS PAID BY YOU TO ANY OF HIPMUNK'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE LINK. IN NO EVENT WILL HIPMUNK BE LIABLE TO YOU FOR ANY MORE THAN THE TOTAL AMOUNTS YOU HAVE PAID TO HIPMUNK.

THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE HIPMUNK SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE HIPMUNK SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE HIPMUNK SERVICE. (OF PARTICULAR IMPORTANCE, THIS MEANS WE ARE NOT RESPONSIBLE IF YOUR FLIGHT, TRAIN, OR OTHER TRAVEL IS DELAYED OR CANCELED, OR IF YOUR HOTEL RESERVATION IS ALTERED OR CANCELED.) THE INCLUSION, RECEPTION, OFFERING, OR ADVERTISING OF ANY SERVICES OR PRODUCTS THROUGH OR ON THE HIPMUNK SERVICE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICES OR PRODUCTS BY HIPMUNK.

EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Hipmunk Service is controlled and offered by Hipmunk in the United States of America. Hipmunk makes no representations that the Hipmunk Service is appropriate or available for use in other locations. Those who access or use the Hipmunk Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Third Party Content and Services

As you may notice, the Hipmunk Service may contain links to third party products, services and/or websites. We don't have any control over these third parties, and we are not responsible for their performance. We also don't endorse them, and are not responsible for their terms, their privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you. Your security when using these third parties is your responsibility.

You may integrate various functionalities from other services, such as Microsoft Outlook and Google Calendar, with the Hipmunk service. If you choose to integrate another service's functionality with Hipmunk, you understand that that service's terms and conditions are what govern your relationship with that service, not these Terms of Service.

Booking Travel Through Our Travel Partners

Hipmunk offers users the ability to book travel with some of our third-party travel partners through the Hipmunk Service. We may require you to create a Hipmunk account or connect to the Hipmunk Service through your Facebook or Google account in order to book travel through one of our travel partners. If you use a booking feature that's powered by one of our travel partners, we collect your payment information and pass it on to the travel partner to process the transaction, consistent with our Privacy Policy. We don't complete the transaction or process your payment—the travel partner does. You understand and agree that if you encounter any problems with the transaction or with the reservation you book in that transaction, you must resolve your dispute with the travel partner, not with Hipmunk, and your sole remedy, including any refund, lies with the travel partner, not with Hipmunk.

Additional terms, provided by the travel partner, apply to your transaction or other use of the booking feature powered by that partner, and you acknowledge and agree to be bound by those additional terms. Please carefully read the applicable terms here:

(If you're too busy planning your next trip to read them right now, don't worry: we'll give you another opportunity at the time of booking.) You understand that the applicable partner's terms govern your booking transaction, and that in the event of any material conflict between those terms and this Agreement with respect to your booking transaction or other use of the booking feature, those terms shall prevail. Hipmunk has no control over its third-party travel partners and is not responsible for their terms, their privacy, data security or other practices, their performance, or their content, advertising, or other materials they may provide to you, whether or not provided through the Service.

Modifications to the Hipmunk Service

We're still working on the Hipmunk service, so from time to time we may modify, discontinue, or restrict, temporarily or permanently, portions or all of the Hipmunk service. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use the Hipmunk service, and to block, restrict or prevent your future access to or use of the service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance or restriction of the Hipmunk service.

Customer Service

If you have any problems using the Hipmunk service, we're sorry! Our customer support representatives at contact@hipmunk.com are ready to assist you. To help resolve your issue, the customer service representative who's assisting you may log in to the Hipmunk service under your username, but only with your permission and only for the duration of the customer service session. Customer service representatives don't know your account password, and you don't need to provide it in order for them to help you.

Privacy Policy

We may collect registration, payment, and other information about you through the Hipmunk Service. Our collection and use of this information is described in the Hipmunk Privacy Policy. Our Privacy Policy is incorporated into these Terms of Service.

Ability to Accept Terms of Service

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Hipmunk is not intended for or directed to persons under the age of 13. Any person who provides their information to Hipmunk through any part of the Hipmunk Service represents to Hipmunk that he or she is 13 years of age or older. If you are under the age of 13, then please do not use the Hipmunk Service.

Termination

These Terms of Service will continue to apply to you until either you or Hipmunk terminates this Agreement. If you connect to the Hipmunk Service using your Facebook or Google account, you may terminate this Agreement at any time by disconnecting your account from the Hipmunk Service and no longer using the Service thereafter. If you have created a Hipmunk account, you may terminate this Agreement at any time by sending a notice confirming such termination to Hipmunk by email at contact@hipmunk.com.

Hipmunk may suspend your access to the Hipmunk Service and/or terminate this Agreement at any time, with or without notice to you, (i) if you are in breach of any other provision of these Terms of Use or if you make unauthorized use of the Hipmunk Service; (ii) if Hipmunk elects at its discretion to cease providing access to the Hipmunk Service in the jurisdiction where you reside or from where you are attempting to access the Hipmunk Service, or (iii) in other reasonable circumstances as determined by Hipmunk at its discretion. The provisions of these Terms of Use that are intended by their nature to survive the termination of the Agreement will survive the termination of the Agreement, including, but not limited to, those Sections entitled Your Responsibilities, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Payments, Privacy Policy, Integration and Severability, Governing Law, Arbitration, and Arbitration Agreement, respectively. If you or Hipmunk terminate this Agreement, or if Hipmunk suspends your access to the Hipmunk Service, you agree that Hipmunk shall have no liability or responsibility to you and Hipmunk will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law, except as otherwise provided under these Terms.

Integration and Severability

These Terms of Use, together with the Hipmunk Privacy Policy (which is hereby incorporated by this reference), constitute the entire agreement between you and Hipmunk with respect to your use of the Hipmunk Service, and supersede any prior agreement between you and Hipmunk. Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will therefore remain in full force and effect. 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) of the Agreement in the future. Hipmunk reserves any rights not expressly granted herein.

Governing Law

This Agreement, and all legal issues arising from or related to the Hipmunk Service, shall be governed by and construed in accordance with the laws of the State of California without regard to that state's conflict of law provisions.

Arbitration

All disputes between you and Hipmunk will be resolved by BINDING ARBITRATION as described in more detail in the Arbitration Agreement included below. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement (except for matters that may be taken to small claims court).

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than they would be in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by courts or judges.

Arbitration Agreement

You and Hipmunk agree that any dispute, claim or controversy arising out of or relating in any way to the Hipmunk Service, our website or user interfaces, or these Terms of Use shall be determined by binding arbitration or small claims court instead of in courts of general jurisdiction. You and Hipmunk agree that this arbitration agreement extends to the determination of the scope or applicability of this agreement to arbitrate.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

You agree that, by entering into this Agreement, you and Hipmunk are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and the termination of your use of the Hipmunk Service.

If you elect to seek arbitration, you must first send to Hipmunk, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Hipmunk should be addressed to: Hipmunk, Attn: Legal, 434 Brannan St., 1st Floor, San Francisco, CA 94107 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Hipmunk and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Hipmunk may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Hipmunk or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hipmunk is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.

After Hipmunk receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, Hipmunk will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Hipmunk and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your primary residence. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Hipmunk will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds in favor of Hipmunk as to the substance of your claim or the relief sought, you will reimburse Hipmunk for your portion of the filing fee. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees will be governed by the AAA Rules. In such case, you agree to reimburse Hipmunk for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND HIPMUNK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hipmunk agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Hipmunk makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision, and agree to promptly cease using the Hipmunk Service.

Mobile Terms

If you use Hipmunk's mobile apps to access the Hipmunk Service (the "Mobile Service"), you accept and agree to be bound by the terms in this section, in addition to the rest of these Terms of Service. Your continued use of the Mobile Service is conditioned upon your compliance with these Mobile Terms.

By using the Mobile Service, you understand and agree that Hipmunk has no obligation to maintain, support, upgrade, or update the Mobile Service, or to provide all or any specific content through the Mobile Service. You further understand and agree that we may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to our mobile app, consistent with our Privacy Policy.

Changes to These Terms

We may occasionally update these Terms of Service. When we do, we will also revise the "last updated" date at the bottom of the Terms. If we substantially revise the Terms of Service (and we will use our discretion to determine if the revision is substantial) we may send e-mails to our registered users containing a link to the updated Terms. We encourage you to review these Terms from time to time to stay informed about what we're doing on the Service. If you continue to use our Service after we post an update to these Terms of Service, this will indicate your acceptance of the update.

Credit:

Some portions of this document are borrowed—with permission—from here under a Creative Commons license.

Last updated Feb 28, 2014.

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