IMPORTANT - READ THESE TERMS OF SERVICE AND HIPTRAVELER'S PRIVACY POLICY BEFORE USING THIS WEBSITE OR ANY ASPECT OF THE SERVICE OFFERED THROUGH THIS WEBSITE. USING THIS WEBSITE AND/OR THE SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND HIPTRAVELER'S PRIVACY POLICY.

This agreement is between you and HipTraveler, Inc. (“HipTraveler,” “we,” “us,” or “our”) and covers your use of this website and the services offered through this website, and any related software, digital content, contents of the services and documentation, and other related materials provided by HipTraveler, including any future versions of this website, the services or any of these items (collectively, “Service”). Please read it carefully.

Note: This agreement contains a binding individual arbitration clause and class action waiver. If you wish to opt out of these provisions, please follow the instructions in Section 5 below.

Table of Contents

1. About these Terms
2. About the Service
3. Your Privacy
4. Warranty Disclaimer, Limitations of Liability, and Indemnification
5. Dispute Procedures (Including Binding Arbitration)
6. HipTraveler Ambassador Program and HipTraveler Earnings Program
7. General Legal Terms

1. About these Terms

Accepting the Terms. By using the Service and/or clicking “I Agree,” you are agreeing to the terms of this agreement (“Terms”) and HipTraveler's privacy policy located at www.hitraveler.com/privacy.htm (“Privacy Policy”).

You must be at least 13 years old to use the Service. If you are not at least 13 years old, you are prohibited from using the Service or registering for an Account (as defined in Section 2 below). You must be at least 18 years old to agree to these Terms, Privacy Policy, and any Additional Account Terms (as defined in Section 2 below). If you are between the ages of 13 and 18 years old, your parent or legal guardian must read and agree to these Terms, the Privacy Policy, and any Additional Account Terms on your behalf before you may use the Service or register an Account, and that they will assume all legal and financial responsibility and liability for your actions. You must be at least 18 years old to pay for the Service or buy anything on or through the Service.

Modifying the Terms, Privacy Policy, and any Additional Account Terms. We may modify these Terms, the Privacy Policy, and any Additional Account Terms at any time; for example, to reflect changes to the law or changes to the Service. You should look at these documents regularly because you are responsible for reviewing them each time you use the Service. We'll either email you or post a notice online of material changes to these Terms, the Privacy Policy, and/or any Additional Account Terms. Such emailing or posting will mean you're legally notified of the changes. Changes to these Terms, the Privacy Policy, and any Additional Account Terms will become effective immediately after such notification (unless a later date is specifically provided). A change to these Terms, the Privacy Policy, and any Additional Account Terms will not apply to events that happened before the change becomes effective. If you do not agree to the modified Terms, Privacy Policy, or Additional Account Terms, you must stop using the Service. If you continue to use the Service after being notified of any changes, you have accepted the new Terms, Privacy Policy, and/or Additional Account Terms. If there is a conflict between the old and the new Terms, Privacy Policy, and Additional Account Terms, the new Terms, Privacy Policy, and Additional Account Terms will govern.

Additional Account Terms May Apply. Certain parts of the Service or Content (as defined in Section 2 below) available on or through the website may not be available to people of all ages and may require agreeing to additional terms, rules or restrictions in order to be used. This could include particular music, video, comic, sweepstakes, promotions, contests, reward and mileage programs, and other content made available by HipTraveler, as well as content made available by third parties, and by your use thereof and/or participation therein you are agreeing to the respective additional terms, rules and restrictions applicable thereto. Any dealings or agreements between you and a third party are between you and that party (and not HipTraveler), and won't increase HipTraveler's liability or affect your relationship with HipTraveler. Please be sure to review any additional terms carefully.

2. About the Service

Using the Service. You must follow these Terms and any Additional Account Terms, all applicable laws, and any other guidelines or notices provided when using the Service. You agree that the Service and Content is strictly for your personal use only, and that you will not use the Service or the Content for any commercial purpose. You may not attempt to hack or impair the Service, and you may not use the Service to harass or abuse others, or misuse the Service in any other way.

Some examples of misuse are (please note that these are only a few examples, and many other activities may be considered misuse):

1. Using the Service in violation of any laws or regulations.
2. Using the Service to transmit statements or content that HipTraveler finds profane, insensitive, offensive, or vulgar (HipTraveler alone may determine what is profane, insensitive, offensive, or vulgar).
3. Using the Service to transmit any type of viruses, worms, spyware, or other harmful computer programs.
4. Reselling, redistributing, sharing, or trading the Service, any part of the Service, or access to the Service.
5. Using the Service to develop unauthorized software or hardware.
6. Attempting to modify the Service.
7. Attempting to “reverse engineer” (in other words, taking something apart in order to figure out how it was made) any part of the Service.
8. Introducing commercial content, such as advertisements, solicitations, promotions, and links to websites, into the Service.
9. Attempting to get personal or private information from the Service other than information that is intended to be publicly available.
10. Using the Service to violate the rights of third parties, including transmitting material that is protected by copyright, trademark, patent, trade secrets laws, or other proprietary rights without proper permission.
11. Using, displaying, mirroring, or framing the Service, any individual element within the Service, the HipTraveler name, trademark, logo, URL, or other proprietary property, or the layout, design, or “look and feel” of the Service, Content, or any website page.
12. Using any meta tags or other hidden text or metadata utilizing the HipTraveler name, trademark, logo, URL, or other proprietary property.
13. Impersonating another person, or posting material that impersonates another person, on the Service.
14. Producing or posting SPAM on the Service.
15. Using the Service or Content in any high-risk activities where damage or injury to person, property, environment, or business may result.

Unless otherwise required by law, we are not responsible for monitoring or recording any activity on the Service. Despite this, we have the right to monitor and record your activity and communications, and we also may take actions that we believe are reasonably necessary to enforce or verify that you're following these Terms, any Additional Account Terms, and any other restrictions or laws that apply. For example, we may remove any Content we believe is inappropriate without notice to you.