Terms of Use
Kayak Vista owns this website and everything on it. Some parts of the website have extra rules that you need to follow. You can find those rules on the website. When you use this website, you agree to these rules and you say that you can do so. You need to be 18 or older to use this website. If you don’t like these rules, don’t use this website.
If you have a problem with Kayak Scout or this website, you have to solve it by talking to a neutral person, not by going to court. You also can’t ask for a lot of money or other things from Kayak Vista.
Access to the Site
The terms of use for the website state that you are granted a limited license to access the site for your personal, non-commercial use. However, there are certain restrictions that you must abide by, such as not selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the site. You are also prohibited from making derivative works of, disassembling, reverse compiling, or reverse engineering any part of the site.
Additionally, you cannot access the site to build a similar or competitive website. Unless otherwise indicated, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. All copyright and other proprietary notices on the site must be retained on all copies therefore.
The company will not be held liable to you or any third party for any change, interruption, or termination of the site or any part. You should also be aware that the company has no obligation to provide you with any support in connection with the site.
User Content
The website’s “User Content” refers to any information and content that a user submits to the site. You are solely responsible for your User Content and bear all risks associated with its use. You certify that your User Content does not violate the website’s Acceptable Use Policy. You may not represent or imply that your User Content is provided, sponsored, or endorsed by the company.
Because you alone are responsible for your User Content, you may expose yourself to liability. The company is not obliged to back up any User Content that you post, and your User Content may be deleted at any time without prior notice to you. If you desire, you are solely responsible for making your backup copies of your User Content.
By submitting User Content, you grant the Company an irreversible, nonexclusive, royalty-free, and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely to include your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution for your User Content.
The website’s “Acceptable Use Policy” prohibits you from using the site to collect, upload, transmit, display, or distribute any User Content that violates any third-party right or any intellectual property or proprietary right. You also agree not to use the site to post unlawful User Content, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
Third-Party Links & Ads; Other Users
The website may contain links to third-party websites and services, as well as display advertisements for third parties. These third-party links and ads are not under the control of the company, and the company is not responsible for any third-party links and ads. The company provides access to these third-party links and ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations for third-party links and ads.
You use all third-party links and ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links and ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data-gathering practices.
Each site user is solely responsible for all of its User Content. Because the company does not control User Content, you acknowledge and agree that the company is not responsible for any User Content, whether provided by you or by others. You agree that the company will not be responsible for any loss or damage incurred as the result of any such interactions.
If there is a dispute between you and any site user, the company is under no obligation to become involved. You hereby release and forever discharge the company and its officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the site.
Disclaimers
We provide the site “as is” and “as available” without warranties of any kind. We do not guarantee the site will be uninterrupted, timely, secure, accurate, reliable, virus-free, legal, or safe.
The site may not meet your requirements. Use at your own risk. If the law requires us to provide warranties, they are limited to 90 days from first use. Some places don’t allow disclaimers of implied warranties or limits on how long they last. So parts of the above may not apply.
The key points I focused on simplifying were:
- Stating the site has no warranties upfront
- Summarizing the disclaimer of specific warranties
- Noting warranties are limited to 90 days where required
- Explaining some places prohibit disclaimers/limits
Limitation on Liability
The terms of use state that the company and its suppliers are not liable for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or incapability to use the site, even if the company has been advised of the possibility of such damages.
The company’s liability to you for any damages arising from or related to this agreement will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50), notwithstanding anything to the contrary contained herein. The existence of more than one claim will not enlarge this limit. You agree that the company’s suppliers will have no liability of any kind arising from or relating to this agreement.
These terms will remain in full force and effect while you use the site, subject to the term and termination section. The company may suspend or terminate your rights to use the site at any time for any reason at its sole discretion, including for any use of the site in violation of these terms.
Upon termination of your rights under these terms, your account and right to access and use the site will terminate immediately. You understand that any termination of your account may involve the deletion of the User Content associated with your account from the company’s live databases.
Copyright Policy
The website respects the intellectual property of others and has a policy in place that provides for the removal of any infringing materials and for the termination of users who repeatedly infringe on intellectual property rights, including copyrights. If you believe that one of our users is unlawfully infringing on the copyright(s) in a work, you can submit a written notification to our designated Copyright Agent.
The notification must include your physical or electronic signature, identification of the copyrighted work(s) that you claim to have been infringed, identification of the material on our services that you claim is infringing and that you request us to remove, sufficient information to permit us to locate such material, your address, telephone number, and e-mail address, a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner or under the law, and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement, under 17 U.S.C. § 512(f).
General
The terms of use for the website are subject to occasional revision, and if any substantial changes are made, the company may notify you by sending an email to the last email address you provided or by prominently posting notice of the changes on the site. You are responsible for providing the company with your most current email address.
If the last email address you provided is not valid, the dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these terms will be effective upon the earliest of thirty (30) calendar days following the dispatch of an email notice to you or thirty (30) calendar days following the posting of notice of the changes on the site.
These changes will be effective immediately for new users of the site. Continued use of the site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. The website’s “Arbitration Agreement” contains procedures for mandatory binding arbitration and a class action waiver.
All claims and disputes in connection with the terms or the use of any product or service provided by the company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English.
If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions. The specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or the company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and any deadline imposed under the AAA Rules for the pertinent claim.
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the company. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.