Hipmunk, Inc.

Terms of Service

Last updated October 16, 2017


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

The Hipmunk Service is owned and operated by Hipmunk, Inc. ("Hipmunk," or "we"). These Terms of Service are a binding legal agreement between you and Hipmunk regarding your use of the Hipmunk Service. If you do not accept these Terms of Service, do not use the Hipmunk Service.

We reserve the right to modify or replace these Terms of Service at any time and in our sole discretion. When we do, we will update the last revised date at the top of the Terms of Service. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Terms of Service). It is your responsibility to regularly check the Hipmunk website to determine if there have been changes. Your continued use of the Hipmunk Service following the posting of any changes to the Terms of Service will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Hipmunk Service. Stopping your use of the Hipmunk Service will be your sole recourse for any objection to such changes.

Important Note: If you are a user located in the United States, these Terms of Service contain an arbitration provision and class action waiver, which affects your rights under these Terms of Service and with respect to any dispute you may have with Hipmunk. You may opt out of the binding individual arbitration and class action waiver as provided below.

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, non-exclusive, non-sublicensable, non-transferable, personal and revocable right to use the Service for those purposes subject to and in accordance with our Terms of Service. 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 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 personal use, you may choose to book your travel elsewhere (although we'd certainly prefer if you used the links we provide!).Please note that you shall be responsible for any acts or omissions by anyone using or having access to your account.

Indemnification

You agree to indemnify and hold harmless Hipmunk, its affiliates, and its and their employees, contractors, suppliers, licensors and other partners, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Hipmunk Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any information in your account or that you otherwise make available to Hipmunk or any third party partner of Hipmunk.

Hipmunk 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. Except as expressly granted herein, Hipmunk, its affiliates, 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 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.

User Content

You are responsible for any content or material that you submit, upload or otherwise make available on, through or in connection with the Service such as user reviews and information that you publicly display in an account profile (“User Content”). You have full responsibility for User Content, including its legality, reliability and appropriateness and will be solely liable for any damage or harm resulting from your User Content. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content. You hereby grant to Hipmunk a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your User Content in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same.

Communications

By using the Service, you agree to receive certain communications in connection with the Service. For example, you may receive email notifications of new discounts or summaries of your travel itineraries.

Pre-Release Services and Feedback

Subject to these Terms of Service, Hipmunk may make beta and other pre- release services, and related documentation, materials, and information (collectively, the "Pre-Release Services") available to you from time to time for the purpose of providing Hipmunk with feedback on the quality and usability of the Pre-Release Services. You understand and agree that your use of the Pre-Release Services is solely for testing and evaluation purposes in connection with the Hipmunk Service and not for any commercial purposes. You acknowledge that Hipmunk has no express or implied obligation to announce or make available a commercial version of the Pre-Release Services to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Services.

Please note that if you send to us any comments, suggestions or recommendations regarding the Hipmunk Service, including but not limited to the Pre-Release Services, (“Feedback“ ) you hereby assign to us all rights, title and interest in and to the Feedback. Accordingly, your Feedback will not be subject to any obligation of confidentiality and we will not be liable to you for any use or disclosure of any Feedback. Also, we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Connection to Concur Expense Accounts

You may be eligible for additional discounts and benefits if your employer is a participant in one of Hipmunk’s programs and you link your Hipmunk account to your employer’s Concur Expense account. To do this, you need to log in to Hipmunk with the same email address and password you use to access your Concur Expense account through your employer. Once you do this, you will be able to view your employer’s preferred Travel Partners (as defined below) and discounted rates, or be eligible for other special offers. When booking on a Travel Partner site through an account linked with your employer, your receipts, whether booked on a Travel Partner site from Hipmunk or thereafter directly on a Travel Partner site, may automatically be sent to your employer’s Concur Expense account and your itineraries may be available to your employer and sent to TripIt, if you have a TripIt account that is linked to your Hipmunk account. For more information on our Travel Partners, see the section below “Booking Travel Through Our Travel Partners”. In addition, Hipmunk will have access to information about you that exists within the Concur service or within TripIt if you have linked your TripIt account to your Hipmunk account. If you connect the Hipmunk Service to your employer’s Concur Expense account, your connection to your employer’s Concur Expense account will be terminated when your relationship with your employer ends, and you will need to change your sign-in information to continue to use your Hipmunk account.

Disclaimer of Warranties

THE HIPMUNK SERVICE AND ANY PRE-RELEASE SERVICES ARE OFFERED "AS IS". WE DON'T GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, AVAILABILITY, OR SPEED OF THE HIPMUNK SERVICE AND ANY PRE-RELEASE SERVICES, 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 OR OTHER COMMUNICATION 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 THE MAXIMUM EXTENT PERMITTED BY LAW, TO THE LIMITATION OF LIABILITY SET FORTH HEREIN.

IN NO EVENT WILL HIPMUNK—OR ITS LICENSORS OR SUPPLIERS—BE LIABLE FOR 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) 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 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

HIPMUNK SHALL HAVE NO LIABILITY TO YOU 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 LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF SERVICE DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. HIPMUNK’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY 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 risk and are responsible for compliance with local law.

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.

You also may interact with the Hello Hipmunk Virtual Travel Agent via a third party service, such as Facebook Messenger or Slack. Again, you understand that your relationships with those third-party services are governed by the terms of service for those services, not these Terms of Service, and that we are not responsible for these third parties' privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you.

Booking Travel Through Our Travel Partners

Hipmunk offers users the ability to book travel with some third-party travel partners (“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 Travel Partner, and you acknowledge and agree to be bound by those additional terms. Please carefully read all additional terms provided by the Travel Partner, including the applicable terms here:

You understand and agree that the applicable partner's terms govern your booking transaction. 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.

By connecting to the Hipmunk Service, you authorize and direct us to link your Hipmunk account to your account(s) with each Travel Partner. You also authorize us to use and disclose your information as appropriate to provide the Hipmunk Service and for each Travel Partner to use such information for Travel Partner services and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting and storage of your data through the Hipmunk Service and to Concur Expense if your account is linked.. You also agree that we and our Travel Partners may use your information to market offers to you in accordance with our and our Travel Partners’ respective privacy policies, and as otherwise permitted by law. To the extent that you provide information directly to a Travel Partner, please note that their use of your personal information is governed by their privacy policy, not this statement, including their ability to use your information and market offers to you. Hipmunk may obtain information about you from each Travel Partner and other third parties and may combine such information with information collected directly from you; we may use this combined information for marketing purposes, to improve your user experience and as described in this statement and our Privacy Policy.

By using the Hipmunk Service, you acknowledge that your information may be transferred to, processed and stored in the United States and depending on the location of each Travel Partner, may also be processed or stored in other countries, which in either instance may result in a different standard of privacy and data protection law governing your personal information from your home country.

You waive, release, and forever discharge Hipmunk, each Travel Partner and their respective officers, directors, employees, shareholders, agents, and affiliates, and all of their respective successors and assigns, from any and all claims and causes of action, whether known or unknown, which You may have arising out of or relating to the disclosure, use, transmission, posting and/or provision of Your data in accordance with the authorization provided herein. You further agree to indemnify, defend and hold Hipmunk, each Travel Partner and their respective officers, directors, employees, shareholders, agents, and affiliates, and all of their respective successors and assigns, harmless from and against any and all loss, damage, liability, and expense, including attorneys’ fees, arising from any claim brought against any such indemnified party by any third party to the extent relating to performance in accordance with the authorization provided hereunder.

YOU ACKNOWLEDGE THAT THE TRAVEL PARTNERS PROVIDING TRAVEL INFORMATION THROUGH THE HIPMUNK SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HIPMUNK OR ITS AFFILIATES. HIPMUNK’S DISPLAY THROUGH THE HIPMUNK SERVICE OF THE TRAVEL INFORMATION OF SUCH THIRD PARTIES DOES NOT IN ANY WAY IMPLY, SUGGEST, OR CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY HIPMUNK OF SUCH TRAVEL PARTNER OR ANY AFFILIATE OF SUCH TRAVEL PARTNER.

YOU AGREE THAT NEITHER HIPMUNK NOR ANY TRAVEL PARTNER IS IN ANY WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION IT MAY OBTAIN FROM THE OTHER. YOUR INTERACTION WITH SUCH TRAVEL PARTNER IS AT YOUR OWN RISK. HIPMUNK AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH TRAVEL PARTNERS AND THE TRAVEL PARTNERS WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF HIPMUNK.

Modifications to the Hipmunk Service

We're continually 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.

You may also choose to contact our Virtual Travel Agent at hello@hipmunk.com or on a third-party messenger service to receive immediate responses to your questions from our Virtual Travel Agent.

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. You agree to our data practices, including the collection, use, transmission and disclosure of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries, regardless of where you use the Hipmunk Service. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Ability to Accept Terms of Service

You affirm that (i) you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms of Service. Hipmunk is not intended for or directed to persons under the age of 13 and we do not knowingly collect personal information from children under the age of 13.

Termination

If you connect to the Hipmunk Service using your Facebook or Google account, you may disconnect your account from the Hipmunk Service at any time.

Hipmunk may terminate your access to the Hipmunk Service at any time, for any reason with or without notice to you. The provisions of these Terms of Service that are intended by their nature to survive the termination of your relationship with Hipmunk will survive such termination, 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, Additional Provisions for United States Users - Arbitration; Class Action Waiver, and Arbitration Agreement, respectively.

Integration and Severability

These Terms of Service, constitute the entire agreement between you and Hipmunk with respect to your use of the Hipmunk Service, and supersede any prior or contemporaneous agreement between you and Hipmunk. These Terms of Service create no third party beneficiary rights. Should one or more provisions of these Terms of Service 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 Service, 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. You may not assign any of your rights under these Terms of Service, and any such attempt will be void. Hipmunk may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.

Governing Law

The Terms of Service, and all legal issues arising from or related to the Hipmunk Service, including any disputes in court or arbitration, shall be governed by and construed in accordance with the laws of the State of Washington without regard to that state's conflict of law provisions. Any judicial proceeding to resolve claims relating to these Terms of Service or the Hipmunk Service will be brought in the federal or state courts of King County, Washington, subject to the mandatory arbitration provisions below. Both you and Hipmunk consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

Additional Provisions for United States Users - Arbitration; Class Action Waiver

If you are a user located in the United States, 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 (except for matters that involve intellectual property disputes or 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 enforceable 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 Service shall be determined by binding arbitration instead of in courts of general jurisdiction, except as set forth below. You and Hipmunk agree that this arbitration agreement extends to the determination of the scope or applicability of this agreement to arbitrate. You and Hipmunk each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

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 generally subject to very limited review by courts. Arbitrators can award most if not all of the same damages and relief that a court can award. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. 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 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, 601 108th Avenue NE, Suite 1000, Bellevue, WA 98004 ("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 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") 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. 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.

Opt-out: You may opt-out of this agreement to arbitrate within 30 days from the date that you first consent to these Terms of Service (the “Opt-Out Deadline”). To opt-out you must mail your written notification to Hipmunk, Attn: Legal, 601 108th Avenue NE, Suite 1000, Bellevue, WA 98004. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not agree to the arbitration agreement. Your decision to opt-out will have no adverse effect on your relationship with Hipmunk. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Credit:

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

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