RateDrop.com Terms of Service (April 29, 2014)
RateDrop.com is owned
and operated by Like the Island, LLC, an independent entity (hereafter, 'Rate
Drop').The information contained within the site is obtained from reliable
sources and believed to be accurate, but no guarantees are made or implied as
to the accuracy or that rates shown will be available when you book. You agree to confirm all travel information
(including dates, destination, etc) when booking and
will not hold RateDrop, its owners, or officers
responsible for any errors or omissions.
The services provided by RateDrop are
informational in nature and RateDrop does not conduct
any transactions, therefore any complaints or issues will be handled directly
between the purchaser and the travel supplier from who the product or service
was purchased from. The services offered
by RateDrop include the RateDrop
website, email alerts, and any other features, content, or applications offered
from time to time by RateDrop in connection with the RateDrop website (collectively, the "Service"). This Terms of Service Agreement ("Agreement") sets forth
legally binding terms for your use of the Service. By using the Service
you accept and agree to be bound to the following terms and conditions whether
or not you register as a Member of RateDrop.
1. Definitions
RateDrop
will use the following terms in this Agreement:
- "Content" - all data, text, files, images,
photos, video, sounds, musical works, works of authorship, information,
links or any other materials.
- "Member" - a user that completes the RateDrop registration process.
- "Information" means any data or Content
provided to RateDrop, including information
which could be used to personally identify you.
2. Rules of Conduct
You
agree that you are responsible for your own conduct and communications while
using the Service and for any consequences thereof. You are solely responsible
for all actions that you make on the site or while using the Service(s)
provided.
You
agree to use the Service in ways that are respectful to other users and their
experience and in a manner consistent with any and all applicable laws and
regulations. You agree not to use the Service to:
- Upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, libelous, invasive of another's
privacy, hateful or promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
- Exploit people in a sexual or violent manner;
- Solicit personal Information from anyone under the age
of 18;
- Solicit passwords or personal identifying Information
for commercial or unlawful purposes from other users;
- Impersonate another person or entity, whether or not a
Member of RateDrop;
- Upload, post, email, transmit or otherwise make
available restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
- Upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark, copyright,
trade secret or other proprietary right of any party (collectively the
"Proprietary Rights"), unless you are the owner of the
Proprietary Rights or have the permission of its owner to post such
Content;
- Upload, post, email, transmit or otherwise make
available any Content that promotes an illegal or unauthorized copy of
the copyrighted work of another, such as providing pirated computer programs
or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or
links to pirated music files;
- Upload, post, email, transmit or otherwise make
available any Content that provides instructional information about
illegal activities such as making or buying illegal weapons or promote
physical harm or injury against any group or individual, violating
someone's privacy, or providing or creating computer viruses;
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels stating the
origin or source of software or other material contained in a file that
is posted;
- Promote, engage or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, disruptive commercial messages, false or
misleading information or any other form of solicitation;
- Transmit any viruses, worms, defects, Trojan horses,
or any items of a destructive nature;
- Attempt to reverse engineer, disassemble, decrypt or
decompile the Service or any systems of RateDrop;
- Do anything that may interfere with the operation of
the Service, including, but not limited to, hacking, spamming and flood
attacking;
- Remove any copyright, trademark or other proprietary
rights notices contained in or on the Service;
- Interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
- Use of any robot, spider, site search, retrieval
application or other manual or automatic device to retrieve, index,
scrape, data mine or in any way gather or extract content on or available
through the Site or reproduce or circumvent the navigational structure or
presentation of the site without Web site Owner's express written consent
is prohibited;
- Modify, publish, copy, transmit, transfer, sell,
reproduce, create derivative works from, license, distribute, frame,
hyperlink, download, repost, perform, display or in any way
commercially exploit any of the content; provided, however, you may
download one copy of the content for your personal, non-commercial use
only, provided that you keep intact all copyright and other proprietary
notices;
- Create user accounts by automated means, or under
false or fraudulent pretenses.
International
users agree to comply with their own local rules regarding online conduct and
acceptable content, including laws regulating the export of data to the United
States or to or from your country of residence and expressly consent to and
acknowledge that by using the Service they may be transferring personal data to
the United States without any liability or obligation on the part of RateDrop except as set forth in this Agreement and in RateDrop's Privacy Policy.
Although
RateDrop cannot monitor the conduct of its Members
off the website, it is also a violation of these rules to use any information
obtained from the Service in order to harass, abuse, or harm another person, or
in order to contact, advertise to, solicit, or sell to any Member without their
prior explicit consent
Content
You understand and agree that RateDrop
may review and delete any Content in its sole discretion. You also agree
that RateDrop owns all domain and subdomain addresses
within its network, and may take any action with respect to any address at any
time for any reason in its sole discretion. All information contained on RateDrop.com
is copyrighted by RateDrop and may not be reproduced
or copied in any manner without the express written permission of RateDrop. All Information posted to the board becomes
the property of RateDrop and is included in this
copyright. By posting you grant and assign RateDrop
an irrevocable right to use this Information for any purpose without notice or
compensation.
You understand that all rate content is obtained by third party
travel suppliers and the travel supplier, not RateDrop,
is responsible for the accuracy of this content. You are entirely responsible for all content
you view and search and transactions you conduct or transmit via the
service. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will RateDrop
be liable in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or loss or damage of any kind whatsoever incurred
as a result of the use of or exposure to any Content through the Service. You
agree that you must evaluate, and bear all risks associated with, the use of or
exposure to any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. You understand that the technical processing and
transmission of the Service, including Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You acknowledge that RateDrop is under
no obligation to pre-screen, control, edit or endorse Content made available
through the Service nor to monitor the Content made
available via the Service. If RateDrop discovers
Content that does not appear to conform to this Agreement, RateDrop
may determine in good faith and in its sole discretion whether or not to remove
the Content. RateDrop is under no obligation to do so
and RateDrop will have no liability or responsibility
for performance or non-performance of such activities.
You acknowledge and agree that RateDrop
may preserve or disclose any Content if it reasonably believes disclosure is
required by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce this Agreement; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal
safety of RateDrop its users and the public. You are
solely responsible for your interactions with other users of the Service. RateDrop reserves the right, but has no obligation, to
monitor disputes between you and other users of the Service.
3. Eligibility and Registration
Membership
in the Service is void where prohibited by law. You do not need to be a Member
to read certain Content on RateDrop, however if you
want to receive alerts you will need to complete the registration process. By
using the RateDrop website and the Service, you
represent and warrant that all registration Information you submit is truthful
and accurate, and that you agree to maintain the accuracy of such Information
on an ongoing basis. To comply with the Children's Online Privacy Protection
Act, at this time RateDrop is only available to users
who are at least 13 years old. IF YOU ARE UNDER 13, YOU MAY NOT REGISTER TO
USE THE SERVICE OR PROVIDE PERSONAL INFORMATION TO RATEDROP THROUGH THIS WEB
SITE.
Your
Membership is solely for your personal use, and you shall not authorize others
to use your account, including your profile or email address. You are solely
responsible for all actions through your account, including any email messages,
and for your interactions with other users. As part of the registration
process, you will be asked to select a username and password and you will be
responsible for all activities occurring under your username and for keeping
your password secure.
When
you register for an account your username and password will automatically be
reserved at BetterBidding.com. Should
you use that service, now or at any time in the future, you agree to their own
terms of use, including any future changes.
4. Term and Termination
This
Agreement shall remain in full force and effect while you use the Service,
and/or are a Member.
5. Other Sites
Some
links on the Service lead to sites owned by others. Because
RateDrop has no control over these sites, RateDrop is not responsible for such sites' accessibility
via the Internet and does not endorse, guaranty or warrant those products,
services, or information provided by such sites. As such, RateDrop is not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with, use of or reliance by any user of other Content, goods, or
services available on or through any other site, even if user has been directed
there through a link posted on RateDrop. RateDrop may maintain affiliate programs and/or custom
programs with companies whose links and/or names appear on this site, which may
result in compensation
6. Limitations, Conditions and Rules Regarding
Service
You
agree that RateDrop may establish or change, in its
sole discretion, at any time, with or without notice to you, any limitations,
conditions or rules concerning use of the Service.
7. Modification and Termination of Service
RateDrop
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part of it) or your use of the
Service, with or without notice. You agree that RateDrop
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service or your use of the Service.
You
agree that any termination of your access to the Service may be immediate and
without prior notice. You further agree that RateDrop
shall not be liable to you or any third-party for any termination of your use
or ability to access the Service. Even after Membership is terminated, this
Agreement will remain in effect.
Specific
reasons that RateDrop may terminate your access or
use, include, but are not limited to:
- lack of use.
- violation of the letter or the spirit of this Agreement.
- use in your registration for RateDrop
Membership of an email account that is not your own or that is or becomes
inactive.
- reproduction, distribution, republication or
retransmission of material published by RateDrop
or posted by other RateDrop Members
- belief that your account may cause RateDrop
to lose the services of its ISP or suppliers.
8. Complaints
The
Service is provided by RateDrop.com, PO Box 1895, Hoboken, NJ 07030.
If you have a complaint regarding the Service please contact us at legal@RateDrop.com . California users may also contact the
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento,
California, 95814, or by telephone at (916) 445-1254.
If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide RateDrop's copyright agent the written
information specified below. Please note that this procedure is exclusively for
notifying RateDrop that your copyrighted material has
been infringed.
An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you
claim has been infringed upon;
A description of where the material that you
claim is infringing is located on the site, including the auction ID number, if
applicable;
Your address, telephone number, and e-mail
address;
A statement by you that you have a good-faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
A statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
RateDrop's Copyright Agent for notice of claims of copyright infringement
on its site can be reached as follows:
Copyright Agent
RateDrop
PO Box 1895
Hoboken, NJ 07030
e-mail: copyright@RateDrop.com
9. Disclaimer of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. RATEDROP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- RATEDROP AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE
RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM, LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL, OR UNSATISFACTORY RESULT FROM ANY TRAVEL ARRANGEMENTS
BASED ON INFORMATION RECEIVED AS A RESULT OF ITS USE OF RATEDROP.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY TO
YOU BY RATEDROP, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS.
10. Limitation of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT RATEDROP, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF RATEDROP HAS BEEN ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO
USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE
SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (IV) STATEMENTS BY OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V)
ANY OTHER MATTER RELATING TO THE SERVICE.
11. Allocation of Risk
You
expressly understand and acknowledge that the consideration provided, through
your use of of RateDrop, is
based on the above limited warranties, remedies, and limitation of liability,
and that the limitations represent a reasonable allocation of risk for the
parties.
12. Indemnification
You
agree to defend, indemnify and hold each of RateDrop,
its officers, directors, employees, agents, parents and licensors, harmless
from any and all claims, demands, liabilities, losses, damages, and/or
expenses, including reasonable attorneys' and expert witness fees arising out
of or relating to the use of the Services and/or in violation of this Agreement
by you and/or any users of your RateDrop account,
including, without limitation, any breach of the representations and warranties
made by you herein, any and all claims arising from Content or other materials
posted onto the Service by you, or the infringement by you, or any other user
of your account, of any Proprietary Rights or other rights of any person or
entity.
13. Breaches of Security
Members
and other users must promptly inform RateDrop of
apparent breaches of security, including without limitation loss, theft,
unauthorized disclosure or use of an ID or password or any violations of this
Agreement. RATEDROP ASSUMES NO LIABILITY AND EXPRESSLY DISCLAIMS ANY WARRANTY
OR LIABILITY THAT MIGHT ARISE IN CONNECTION WITH THE LOSS, THEFT OR
UNAUTHORIZED ACCESS TO OR DISCLOSURE OF AN ID, PASSWORD OR OTHER PERSONAL
INFORMATION RELATING TO THE USE OF THE SERVICE. You expressly assume any and
all liability in connection with actual and/or apparent breaches of security.
Notice of actual or apparent security breaches should be immediately provided
upon discovery and can be delivered to legal@RateDrop.com
14. Communication and Support
As
a part of the Service RateDrop provides to its
Members, RateDrop communicates via email, posting,
and other means to inform you of enhancements or changes in offerings, services,
or other relevant information targeted to your interests. Details of these
communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various email
communications by following the conditions listed within the message or by
following the procedures as noted in the Privacy Policy.
RateDrop
may provide you with notices regarding the Service or this Agreement by email
and/or posting on this web site. Even though you may request removal from the
distribution of certain emails, RateDrop has the
right to send messages from time to time that it believes would interest the
Members.
15. General
This
Agreement constitutes the entire agreement between you and RateDrop
and governs your use of the Service, and supersedes all prior agreements
between you and RateDrop with respect to the Service.
You also may be subject to additional terms and conditions that may apply when you
use certain other RateDrop
Services.
Headings
used in this Agreement are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section or in any way
affect this Agreement. All provisions of this Agreement that by their terms
extend beyond the termination of use of the Services or this Agreement shall
survive such termination and remain in full force and effect.
This
Agreement shall be governed by New Jersey law and controlling United States
federal law, without regard to the choice or conflicts of law provisions of any
jurisdiction, and any disputes, actions, claims or causes of action arising out
of or in connection with this Agreement or the Service shall be subject to the
exclusive jurisdiction of the state and federal courts located in NEWARK, NJ.
The
failure of RateDrop to exercise or enforce any right
or provision of the Agreement shall not constitute a waiver of such right or
provision. If any provision of the Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Agreement shall remain in full force
and effect.
RateDrop
may modify this Agreement from time to time, in its sole discretion. Each time
you use the RateDrop Services, you will be deemed to
have accepted any such changes. RateDrop shall have
no obligation to notify you of any such changes other than posting such
modifications on the RateDrop Service.