TERMS AND CONDITIONS
Last Updated : September , 2017
These are the Terms and Conditions (the “Terms”) for accessing and using the websites, blogs, applications (mobile or otherwise), social media accounts, any other electronic platform now in existence or later developed or used (collectively, the “Platforms”) by Koolin Enterprises, LLC (the “Company”, “we”, “us”). By accessing or using our Platforms, you agree to be bound by these Terms. If you do not accept all these Terms, then you should not access or use our Platforms. We may terminate, suspend, charge, or restrict access to all or any part of our Platforms without notice or liability.
Please note that these Terms include an arbitration provision, which you will be bound to by using and accessing our Platform.
WE DO NOT SELL TRAVEL PRODUCTS AND SERVICES. Rather, we are an aggregator and do not control any of the travel services, flights, accommodations, rental cars, parking facilities, travel packages, or travel insurance which may be listed on our Platforms. The providers of those travel products are responsible for those travel products and services. We do not have any control over such products and services, and therefore cannot be responsible for any dissatisfaction with those products and services, including delays, shortages, costs, fees, taxes, or additional charges. You should review those companies’ privacy policies, terms and conditions, and other relevant agreements before completing any transaction. If you have any issue with a travel product or service, you should contact the travel provider directly.
Displaying a travel product, service, or provider on our Platform in no way suggests a recommendation or endorsement.
USER AND ACCOUNT HOLDER RESPONSIBILITIES
In order to conduct certain activities and functionalities of the Platforms, you will need to register for an account, which includes creating access credentials, such as an email address and password. You are solely responsible for (1) monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials, (2) not allowing another person to use your access credentials, and (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. We are not responsible for any harm relating to the theft of access credentials resulting from your actions, your disclosure of access credentials, or your decision in violation of these Terms to allow another person or entity to access and use our Platforms using your access credentials.
You acknowledge and agree that you are solely responsible for maintaining the security of the devices you may use to access the Platforms. We are not responsible for any losses resulting from the loss or theft of any such device.
You must immediately notify us regarding any unauthorized use of your account or access credentials or any other concerns that you have about the misuse or security of your account by contacting us at Koolinbiz@gmail.com. Until we receive such a notification from you, you may be held liable for any harm or loss resulting from the improper use of your device or access credentials.
Our Platforms are not intended for distribution to, or use by, any person or entity in any city, county, state, or country where its distribution or use would be contrary to its respective law or regulation. By offering our Platforms, no distribution or solicitation is made by us to any person to use our Platforms in jurisdictions where the provision of our Platforms is prohibited by law.
We are also not responsible for any system outages, slowdowns, or capacity limitations.
You may not use, copy, display, distribute, modify, or reproduce any of the trademarks, copyrights, patents, or other intellectual property found on our Platforms unless authorized by us in writing. This includes but is not limited to software, source code, photographs, written content, images, text, data, logos, and designs.
Moreover, any information you submit to us or a travel provider shall be deemed and remain the property of us, the travel partner, or both. To the extent any such information is not owned by us, you hereby irrevocably assign that information to us. To the extent that such information is not assignable, you hereby provide a worldwide royalty-free and exclusive license to us for any and all purposes, in perpetuity.
MONITORING OUR PLATFORMS
We have no obligation to monitor our Platforms; however, you acknowledge and agree that we have the right to monitor our Platforms from time to time and disclose any information as necessary or appropriate to satisfy any law, regulation, governmental request, to operate or improve our Platforms, or to protect ourselves or users of our Platforms.
Our Platforms may contain links to websites or other platforms that are controlled by third parties. We disclaim any liability for any information, materials, products, or services posted on a third-party website or platform. By creating a link featuring a third party on our Platforms, we in no way endorse or recommend that third party, and we shall not be held liable for any of their conduct. Such a third party may have terms and conditions, privacy policies, and other terms and policies of their own; we encourage you to read through them before using and accessing those websites and platforms.
By using and accessing our Platforms, you agree not to circumvent any airline rules, such as hidden city ticketing, throwaway ticketing, and back-to-back ticketing. Engaging in prohibited ticketing practices may result in cancellation of your ticket, denied entry/boarding, revocation of frequent flyer miles, and denial or suspension of other rights, benefits, or privileges.
THE INFORMATION AND MATERIALS CONTAINED ON OUR PLATFORMS, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF CONTENT OR WEBSITES. WE DO NOT WARRANT THAT OUR WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES DO NOT CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF OUR PLATFORMS IS AT YOUR OWN RISK.
THIS DISCLAIMER DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO YOU.
WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND PLATFORMS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH CONTENT. WE RESERVE THE RIGHT TO TERMINATE ALL OR PART OF OUR PLATFORMS AND ITS FUNCTIONALITY WITHOUT PRIOR NOTICE TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE (INCLUDING OUR EMPLOYEES, AGENTS, OFFICERS, MANAGERS, INVESTORS, DIRECTORS, AFFILIATES, PARENTS, SUBSIDIARIES, OR PROVIDERS) BE LIABLE FOR ANY DAMAGES, INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, LOSSES, OR EXPENSES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR BUSINESS INTERRUPTION) OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE OUR PLATFORMS OR ANY THIRD-PARTY WEBSITES THAT ARE OUR PLATFORMS LINKED TO OR ARE OTHERWISE CONNECTED TO. NOR SHALL WE LIABLE FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF WE OR A REPRESENTATIVE THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORMS IS TO STOP USING THEM. IF YOUR USE OF THE PLATFORMS RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party arising out of (i) materials and content you submit to, post to, or transmit through our Platforms, or (ii) your use of our Platforms in violation of the Terms or any applicable law. You further agree to cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settlement any claim or matter on our behalf without our written consent.
The Terms are effective until terminated by us. We may terminate at any time without notice or suspend or terminate your access and use of our Platforms at any time, with or without cause, in our absolute discretion and without notice. The following provisions shall survive termination of your use or access to our Platforms: the sections concerning Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, Severability, General Provisions, and other provision that by its terms survives termination of your use or access to our Platform.
Failure by us to enforce any of its rights under the Terms shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW AND ARBITRATION
The Terms and all other aspects of your use of our Platforms shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the State of Texas, without regards to its conflict of laws rules.
If you intend to seek arbitration, you must first send a written Notice of Dispute to us via certified mail at P.O. Box 536172 Grand Prairie Tx 75053 describing the nature of the claim and the specific relief sough. The notice should also be e-mailed to Support@Koolintravel.com . If we cannot reach a resolution within 30 days after our receipt of the Notice of Dispute, then you or we can commence arbitration with the American Arbitration Association. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association. We will pay any filing fees in excess of what you would have had to pay for filing a lawsuit in state or federal court (whichever is greater) in the judicial district where you reside. The arbitrator’s judgment shall be final, non-appealable, and binding, and the judgment shall be enforceable in state or federal court. Each Party shall be responsible for their own fees and costs for their attorneys and expert witnesses. The arbitrator may only award money or equitable relief to the extent necessary to provide relief warranted for the Party’s claim.
The Terms shall be subject to any other agreements you have entered into with us.
Certain sections or pages of our Platforms may contain separate terms and conditions. In the event of a conflict, the additional terms and conditions will govern those sections or pages.
If any portion or provision of these Terms is found to be invalid or unenforceable, the remaining portions and provisions shall remain in full force and effect.
These Terms supersede any prior terms to which we may have been bound. The Terms shall be binding on, inure to the benefit of, and be enforceable against the Parties and any respective successors and assigns. You may not assign any rights or obligations under these Terms to a third party without express written consent from us.
CHANGES TO THE TERMS
We reserve the right to modify these Terms at any time and without prior notice. If we decide to change our Terms, we will conspicuously post a link to the updated Terms in places on our website that we deem appropriate. By continuing to our Platforms, you hereby consent to any such changes.
Koolin Enterprises, LLC
P.O. Box 536172
Grand Prairie Tx 75053