Hipmunk, Inc.

Terms of Service

Here's what you're agreeing to by using Hipmunk, Inc.'s websites and related mobile apps (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 services available (the "Agreement"). If you do not accept these terms, please do not use Hipmunk’s services.

Your Responsibilities

The Hipmunk service is for people trying to find travel information for themselves, their families, and their friends, and Hipmunk grants you a limited and revocable right to use the service for those purposes. 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, (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, or (iv) "frame," "mirror," or otherwise incorporate any part of the Hipmunk service into any other website.

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 reasons (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 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 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

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

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

GIVEN THAT THE HIPMUNK SERVICE IS PROVIDED TO YOU FOR FREE, YOU AGREE THAT HIPMUNK IS ENTILTED 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 OR INABILITY TO USE THE HIPMUNK SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (i) 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.

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 IS DELAYED OR CANCELED.)

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.

Links to Third Party Content

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 content, advertising, or other materials they may provide to you. You also understand and agree that we don't necessarily have a relationship with the providers of travel services displayed on the Hipmunk 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.

Privacy Policy

We may collect registration and other information about you through the Hipmunk Service. Our collection and use of this information is described in the Hipmunk Privacy Policy available at http://www.hipmunk.com/privacy. Our Privacy Policy is incorporated into these Terms of Service.

Ability to Accept Terms of Service

You affirm that you are either more than 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.

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. The state and federal courts in and for San Francisco County, California shall be the exclusive forum and venue to resolve any and all disputes arising out or related to this Agreement.

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, 1550 Bryant St., Suite 500, San Francisco, CA 94103. ("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.

Credit:

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

Last updated June 5, 2011.