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MingleJet Terms of Use

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1.0 - Definitions

1.1 - The terms "we", "us" and "Company" refers to MingleJet Inc., its affiliates and/or their respective suppliers and providers ("MingleJet.com"), and "you" refers to the user using the networking services available on the website, or the customer booking a reservation though us directly through this website, or indirectly through any of our affiliates through whom we provide services. All use of our website, and all reservations you book through us are subject to the following terms, conditions and notices as they exist at the time the reservation is made. We reserve the right to change these terms, conditions and notices and you agree to accept and be bound by the terms, conditions and notices that are in effect at the time of your use of our website and facilities.


2.0 - Personal and Non-Commercal Use Limitation


2.1 - This website is for your personal and noncommercial use. The content and information on this website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to MingleJet.com and its suppliers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to:

  1. access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of MingleJet.com;
  2. violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
  3. take any action that imposes, or may impose, in the discretion of MingleJet.com, an unreasonable or disproportionately large load on the MingleJet.com infrastructure; or
  4. deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of MingleJet.com.

3.0 User content


3.1 - You may upload and post to the website your own content including images, pictures, text, links, travel reviews, concert reviews, comments and contact information, as the website permits provided it is in accordance with Section 8 ("User Content"). You agree that we do not guarantee any confidentiality or privacy with respect to any User Content posted by you to the website. You are solely responsible for your own User Content and the consequences of posting or publishing them on the website. In connection with User Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit and post such content on the website. By submitting User Content, you hereby grant to us a worldwide, royalty-free license to publish and host such User Content in connection with the website. We expressly disclaim any and all liability in connection with User Content. We also reserve the right in our discretion to remove User Content on reasonable notice in the event of any dispute or any other alleged contravention of laws or these terms.


4.0 Copyright Notice


4.1 - As between you and us, you own rights to your own User Content. All other contents of this website are protected by copyright and owned by MingleJet.com, Inc. and its suppliers and licensors. All rights reserved.


5.0 Trademark Notice


5.1 - MingleJet.com and the MingleJet.com logo are trade-marks of Mingejet.com Inc. The Road Trips logo, ian, ian.com, and Interactive Affiliate Network are trademarks or registered trademarks in the U.S. and/or other countries. Other product and company names mentioned herein may be the trademarks of their respective owners.


6.0 Liability Disclaimer


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, MINGLEJET.COM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS LIABILITY FOR INACCURACIES RELATING TO ANY USER CONTENT, HOTEL AND OTHER SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY, CRUISE, AUTOMOBILE AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. FURTHERMORE, MINGLEJET.COM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS LIABILITY FOR INACCURACIES RELATING TO ANY CONTENT PROVIDED BY TRIPADVISOR LLC. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND MINGLEJET.COM DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MINGLEJET.COM MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME. THE MINGLEJET SERVICE MAY BE TEMPORARILY UNAVAILABLE AT ANY TIME FOR MAINTENANCE OR OTHER REASONS. MINGLEJET.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY MINGLEJET.COM. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MINGLEJET.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR MINGLEJET.COM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF MINGLEJET.COM. MINGLEJET.COM IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OTHER USERS, ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. MINGLEJET.COM HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL MINGLEJET.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MINGLEJET.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


7.0 Indemnification


7.1 - You agree to defend and indemnify the Company, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: you or on your behalf in excess of the liability described above; or by third parties as a result of: your breach of this agreement or the documents referenced herein; your violation of any law or the rights of a third party; or your use of this website.


8.0 No Unlawful or Prohibited Use


8.1 - As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

8.2 - You may not:

  1. Delete or revise any material other than your own User Content;
  2. Engage in linking or framing of any portion of the website;
  3. Post any franchise, pyramid scheme, "club membership", multi-level marketing scheme or similar venture;
  4. Aggregate, scrape, harvest or duplicate any of the content on the website, including any personal or contact information of any user, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose other than for the limited purposes contemplated by this website;
  5. Submit content that is defamatory, offensive or obscene, illegal in your jurisdiction, or infringes any copyright, trade secret or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time.

9.0 Links to Third Party Sites


9.1 - This website may contain hyperlinks to websites operated by parties other than MingleJet.com. Such hyperlinks are provided for your reference only. MingleJet.com does not control such websites and is not responsible for their contents or your use of them. MingleJet.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.


10.0 SOFTWARE AVAILABLE ON THIS WEBSITE

10.1 - Any software that is made available to download from this website ("Software") is the copyrighted work of MingleJet.com or its suppliers or licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, MingleJet.com hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose. Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website, is owned by MingleJet.com or its suppliers or licensors, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

10.2 - WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

10.3 - You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to any applicable export restrictions.


11.0 - TERMS, CONDITIONS AND WARRANTIES

11.1 - Social Networking

  1. You agree to abide by the Privacy Policy, Community Guidelines, Safety Guidelines, and/or Acceptable Use Policy published by us from time to time in your use of the networking services available on the website.

11.2 - Event Tickets

  1. You agree that the terms of our third-party supplier of event ticket-sales services shall apply to any reservation and sales of event tickets by you. We currently use TicketMaster as our third-party supplier of event ticket-sales services, and the terms and conditions applicable to their services shall apply to reservation and sales of event tickets, as found on their site.

11.3 - Prepaid Hotel Transactions

  1. You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the indicated room rate multiplied by the number of days in your reservation, plus an additional amount for the tax recovery charges and our service fees. The tax recovery charge is assessed to recover the amount we pay to the hotel in connection with your reservation for sales and use, occupancy room tax, excise tax, value added and other similar taxes, and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. Our service fee varies based on the amount and location of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to us and we remit such tax directly to the vendor. We are not a co-vendor associated with the vendor with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc., in effect at the time of the actual use of the hotel, automobile, etc., by our customer. You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated on the reservation order form. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours prior to your date of arrival), you will be subject to a charge of one night’s room rate, tax recovery charges and service fees. No refunds will be made for no-shows or early checkouts. See the hotel description for the cancellation policy period for each hotel. You agree to pay any cancellation or change fee that you incur. In some cases, hotels do not permit changes to or cancellations of reservations after they are made, generally for stays during holiday periods or special events. You will be notified before the reservation order is completed and your credit card is charged if a reservation is non-refundable or non-changeable. You agree to abide by the terms and conditions imposed with respect to any completed reservation order for a hotel stay as specified on the reservation order form.
  2. The Company attempts to secure the best hotel rates available. The Company’s guarantee provides limited assurance that our rates on prepaid hotel transactions are the lowest rates available. If a lower room rate is available to you for the same dates and the same hotel within 24 hours of the time you booked and prepaid your reservation and you contact us within that 24-hour period, we will either refund the difference or cancel your reservation without cancellation fee or other charge. This guarantee does not apply to special events such as New Year’s Eve and the Super Bowl or to non-refundable or non-changeable reservations.

11.4 - Travel Destinations

  1. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. MingleJet.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the your government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at: http://www.voyage.gc.ca/countries_pays/menu-eng.asp (Canada) and at: www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov,www.cdc.gov, www.treas.gov/ofac and www.customs.gov (USA).
  2. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, MingleJet.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
  3. You agree to abide by the additional Air Travel Rules, Policies and Disclaimers and Rental Car Rules, Policies and Disclaimers that apply to any bookings or reservations made by you through the website.

12.0 - Modification Of These Terms And Conditions

12.1 - MingleJet.com reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of MingleJet.com’s website and facilities. Changes will be posted on our website and will take effect 10 business days after posting. Your continued use of the website after such period will constitute acceptance of the revised terms.


13.0 - Termination

If you breach the terms of this agreement or any other applicable policies, or infringe any intellectual property or privacy rights of others, we may limit your access to the website and/or terminate your membership. Upon termination, you lose access to our website services. We may delete any of your User Content after termination of your access in the event of breach of this agreement, or infringement of any intellectual property or privacy rights of others.


14.0 - General

14.1 - By using this website or booking a reservation through us you agree that the internal laws of the Province of Alberta, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and the Company or its affiliates. You hereby agree that any dispute arising from or relating to the use of this website, travel reservations, car-rental reservations or hotel reservations made through us may, if not amicably resolved, be resolved only through binding arbitration between you and us, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Calgary, Alberta. This arbitration shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly-situated customers are pursued together. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph.

14.2 - If you are involved in a dispute under this agreement as a consumer without any commercial interests related to the dispute, we will agree to conduct arbitration proceedings in a major city in your state or province, if travel to Calgary, Alberta would constitute an undue burden for you, if you substantiate and represent this to us in a written statement, provided that you shall bear the difference in cost if we ultimately prevail in the arbitration.

14.3 - You agree that any breach by you of a negative covenant hereunder or any breach of your obligations under Sections 2 (Personal And Noncommercial Use Limitation), 3 (User Content), 8 (No Unlawful or Prohibited Use), or 11 (Terms, Conditions and Warranties), shall be considered a breach of a negative covenant and shall result in immediate and irreparable harm, loss and damage to us, for which monetary damages alone will not adequately compensate us, or otherwise cure or remedy such breach. You agree that you shall not oppose or interfere with any application by us to a court of competent jurisdiction for any injunctive relief associated with such breach by you. The parties agree that the foregoing terms are fair and reasonable terms negotiated between parties of equal bargaining power. You also agree that the restrictions and covenants contained in this Article are of the essence to this Agreement and constitute a material inducement to us to enter into this Agreement and we would not enter into this Agreement absent such an inducement.

14.4 - We reserve the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by the Company with respect to your use of this website. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of this website. We reserve the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by the Company with respect to your use of this website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and the Company with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and the Company with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.


15.0 - Use Of MingleJet.com WEBSITE

15.1 - The MingleJet.com website is provided solely to provide a forum for social networking, and to assist users and customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this website may result in you being denied access to such facilities. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in MingleJet.com debiting your account for any costs MingleJet.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.


16.0 - CURRENCY CONVERTER

16.1 - Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but MingleJet.com does not warrant or guarantee such accuracy. When using this information for any financial purpose, MingleJet.com advises the customer to consult a qualified professional to verify the accuracy of the currency rates. MingleJet.com does not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. MingleJet.com is not responsible for content on external web sites. Copyright © 2012 MingleJet Inc. All rights reserved.


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