Effective as of July 1, 2016
Agreement of Terms
These Terms apply to your access and use of our website, emails, text messages and social media accounts provided by Boup and any feature, content, tools, products and services accessible by means of our, website, emails, text messages and social media accounts, including Boup’s travel partners and affiliates. If you are using Boup on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on the other person or entity’s behalf, and that the other person or entity agrees to be responsible to Boup if in violation of these terms.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
Your access and use of the Boup Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. If you continue to access or use the Boup Service following our posting of any changes to these Terms, we will consider that you have accepted the changes or modifications. If you breach any of the Terms, Boup may limit, restrict, disable, suspend or terminate your access to the Boup Service at Boup’s sole discretion, without prior notice to you. Boup grants a limited and revocable right to access and use the Boup Service. You are under no obligation to use or continue to use the Boup Service. You may discontinue the use of the Boup Service without notice to Boup.
Registration, Eligibility & Use
Boup is under no obligation to retain a record of your account or any information or data that you may have stored by means of your account or your use of the Boup Service. Once registered, you will be responsible for maintaining the confidentiality of your passwords, login and account information. You will also be responsible for all use of Boup by you, anyone using your password and login information, with or without your permission, and anyone whom you allow to access your travel itineraries. If you believe that your account is no longer secure (i.e. loss, theft, or unauthorized disclosure or use of your account information or computer or mobile device), you must change your account information that is affected without delay. You are prohibited from using false identities when you register and use the Boup Service. You may only use Boup to search for genuine travel opportunities and deals. You may not use the Boup Service to make any bogus, fraudulent or speculative reservation or any reservation in anticipation of demand. You agree not to use Boup for any purpose that is unlawful, illegal or forbidden by these Terms
It will be a breach and infringement of these Terms for a minor to register for the Boup Service. If you misrepresent your age, your account created may be deleted without notice to you. You must obtain a parent or legal guardian’s permission to register for the Boup Service if you are a minor. If you book a flight or hotel accommodation through our travel partners or affiliates, you must be 18 years or older, or the age of majority in your jurisdiction, and in accordance with their terms of service.
Boup, along with our partners and affiliates, the Travel Resources and other licensors own all text, logos, videos, publications, tools, advertising materials, communications, trademarks, service marks, images, graphics, software, or other material contained on the Boup Service. Boup reserves all right, title, interest, including all intellectual property rights, in and to all such information, data, and other content and materials. Other non-Boup product, service, or company designations on the Boup Service belong to those respective third parties and may be mentioned in our site for identification purposes only. You, as the user, will not copy or transmit any logos, videos, publications, tools, advertising materials, communications, images, text, documents, graphics, sound files, datasheets, software, service marks, technical information publications or other material contained on our website, except for your individual, non-commercial use. Your access and use of Boup does not grant you any license or authorization to use any of the marks incorporated on the Boup Service.
When accessing, using or communicating via email with Boup through the Boup Service, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by means of email or providing notices by means of the Boup Service. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
Third party Interactions & Content
Your access and use of the Boup Service, including any interaction or business dealings with any third parties arising out of your access and use of the Boup Service, is solely at your own risk. Boup is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of third parties or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom. Your access and use of the Boup Service will allow for access and use to third party information, data and content by means of our website or applications. You should refer to the third party’s terms of service, privacy policies, data security policies, or other practices regarding content, advertising and other materials and rules provided.
The Boup Service provides links to third party content, products, services, and websites. These links to third party content, products, services, and websites are for reference and convenience to those prospective travelers interested in this information and data. Boup does not control, endorse, sponsor or adopt any third party content. Boup makes no representation or warranties regarding third party content which is not limited to its accuracy, timeliness, completeness or information or data it may obtain from third parties. Boup is not responsible or liable in any manner for any third party content. Boup undertakes no accountability to update or review any third party content.
You may not (i) scrape Boup information or data provided by our travel partners and affiliates for use on external services or websites unrelated to Boup; (ii) frame, duplicate or reproduce any part of Boup into any external products, services or websites; (iii) interfere with the proper function of the Boup Service; (iv) use “bots” or other automated methods to access, hinder or disable the Boup Service; or (iv) take action that may impose a strain on the Boup Service
Boup makes no guarantee that prices advertised through the Boup Service represent (i) the lowest price for flights and hotel accommodations for all areas on any specific day or (ii) the published price for a flights and hotel accommodations on another website or publication not affiliated with Boup in all areas on any specific day.
Boup may run advertisements and promotions from third parties by means of the Boup Service. Boup may provide information about or links to third party products, services or websites by means of the Boup Service. Your business dealings, correspondence with, communications, activities, relationships or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and those third parties. Boup is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Boup advertisers or third party information accessible by means of the Boup Service.
Privacy & Location Services
Boup may use geographic location services to find travel information and data to, from, near and around your start-and-end travel locations. Boup may use this geographic location information and data instantaneously and simultaneously to better assist your group travel planning experience. Boup does not retain geographic location information or data after your searches are complete.
Boup may contain press releases and articles about the Boup Service. Boup renounces any responsibility or obligation to update this information on the site. Information about companies, other than Boup, that are mentioned in any press release or article or otherwise should not be relied upon as being provided, sponsored or endorsed by Boup.
We are constantly improving the website to meet customer desires and expectations. Modifications, discontinuances, limitations or restrictions, temporarily or permanently, may apply to portions of the Boup Service at times. These disruptions of the Boup Service may be executed without notification to you and our rights are reserved regarding these modifications. Boup and its associated travel partners and affiliates will not be liable to you or to any third party for any modifications, discontinuances, limitations or restrictions of the Boup Service.
We value and appreciate honest reviews of Boup. Your reviews provided to us help facilitate improvements and enhancements of the Boup Service. If you provide advice, feedback, observations, criticism, ideas, technical defects, bugs or other related information (“Contributions”), Boup may have the benefit of your Contributions, free of charge and for our commercial use, along with any rights that may be associated with your Contributions. Boup reserves the right to use and share your Contributions without your consent, with or without having your name attached thereto, in any manner or form and for any lawful purpose. You are not entitled to any compensation or reimbursement of any kind from Boup under any circumstances. Your Contributions are free and voluntary, allowing Boup and other users of Boup an unrestricted, irrevocable, non-exclusive license under all intellectual property rights to use, reproduce, publicly display, copy, modify, translate and distribute such Contributions. You are solely and entirely responsible for all of your Contributions. If you do not agree with these terms, please refrain from providing any Contributions to Boup.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BOUP SERVICE (INCLUDING, BUT NOT LIMITED TO, THE WEBSITE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BOUP SERVICE (INCLUDING, BUT NOT LIMITED TO, THE WEBSITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOUP DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE BOUP SERVICE (INCLUDING, BUT NOT LIMITED TO, THE WEBSITE) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT BOUP KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. BOUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY BOUP OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BOUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INJURY, DEATH, LOSS, ACCIDENT, DELAY, ACT OF GOD WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE BOUP SERVICE (INCLUDING, BUT NOT LIMITED TO, THE WEBSITE), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF BOUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL BOUP’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE BOUP SERVICE (INCLUDING, BUT NOT LIMITED TO THE WEBSITE). PLEASE VERIFY WITH YOUR STATE LAWS AND ORDINANCES AS SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY THEREFORE THE ABOVE MAY NOT APPLY TO YOUR PERSONAL SITUATION.
Subject to these Terms, you will defend, hold and indemnify us, all members and agents, officers, directors, partners, employees, shareholders, independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your use and association with Boup; (ii) your conduct; (iii) your access and use or violation of any rights of any third party; (iv) and your breach and infringement of these Terms.
Intellectual Property Complaints
Boup appreciates and values the intellectual property rights of others. If you are an owner of a trademark or copyright and you believe that material made available by means of the Boup Service, or a link made available by means of the Boup Service that directs users to material that infringes upon any trademark or copyright which you possess or control, you may file a notification of infringement with our Legal/Intellectual Property Agent. The Digital Millennium Copyright Act 17 U.S.C. § 512 (DMCA) sets forth requirements for proper notification.
We advise that you consult an attorney prior to filing a notice with Boup’s Legal/Intellectual Property Agent as there can be legal and financial consequences for fraudulent and bad faith submissions under the DMCA.
You must provide (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information permitting the service provider to contact the complaining party, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Boup, LLC - Attn: Legal/Intellectual Property Agent: firstname.lastname@example.org
Arbitration & Waiver
If you intend to seek arbitration you must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be sent to email@example.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Company and You agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY
Force Majeure. Boup shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Boup, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Boup’s control such as acts of God, war, terrorism, riots, acts of military authorities, floods, fires, strikes, or shortages of transportation fuels, energy, or labor.
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, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. By your access and use of the Boup Service, you acknowledge and agree that you have read and understood these Terms of Service.
Copyright © 2015 Boup. All rights reserved. Boup, LLC
Last updated: July 1, 2016