TERMS OF USE
Updated: February 26, 2025
THESE TERMS OF USE (“TERMS”) INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION HEREIN) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION HEREIN DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. BY USING THE SERVICES OR INSTALLING THE SOFTWARE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING OUR USE OF YOUR DATA AS PROVIDED IN THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE ANY OF THE SERVICES OR INSTALL THE SOFTWARE.
Thank you for using bookit.com (“bookit”) powered by BSE Ventures, LLC and its partners and affiliates (collectively, the “Company”, “us”, or “we””) and our various online sites, software, and any third-party provided add-on software (together the “Software”) providing service as defined below (“Service” or “Services”) to you (“you”, “your” or “user”) subject to these Terms of Use (“Agreement”). These Terms represent an agreement between you and the Company and any third-party Extended Software Providers (“ESP” or “ESPs”) and their respective affiliates, and subsidiaries (together, “we”, “us”, or “our”). It is important that you understand both the benefits we provide, as well as the terms which apply to your use of the Software and Services. The Company or the Company, you or user, and we and us collectively herein referred to as the “Parties.”
PLEASE KNOW THAT WE MAY AMEND THESE TERMS AND CONDITIONS AND THE TERMS OF OUR PRIVACY POLICY FROM TIME TO TIME. ALL AMENDMENTS WILL BE POSTED ON THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND OTHER PLACES WE DEEM APPROPRIATE. IF YOU CONTINUE TO USE THE SOFTWARE AND/OR SERVICES AFTER AN AMENDMENT IS POSTED, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THAT AMENDMENT. THEREFORE, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY EACH TIME YOU USE THE SOFTWARE AND/OR SERVICES TO DETERMINE IF THEY HAVE BEEN UPDATED. YOU CAN TELL WHEN THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY HAVE BEEN LAST UPDATED BY CHECKING THE DATE AT THE TOP OF THE PAGE. WE ENCOURAGE YOU TO KEEP A PRINTED COPY OF THE CURRENT TERMS AND CONDITIONS AND PRIVACY POLICY FOR YOUR REVIEW AND REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND PRIVACY POLICY, YOU MUST NOT USE THE SOFTWARE OR SERVICES.
I. Acceptance of Terms
1. This Agreement constitutes a binding legal contract that governs the purchase and/or ongoing use and access of the Service. You must accept the terms of this Agreement before you may access or use the Service. You can accept the terms of this Agreement by either: (a) clicking to accept or agree where such option is made available to you; or (b) actually using or accessing the Service.
2. By accepting this Agreement, or by accessing or using the Service or the Software, you represent and warrant that you have read, understand, and agree with/to the following:
3. Access and use of the Service is subject to the Company Privacy Policy (“Privacy Policy”) available at bookit.com, and such policy is incorporated herein by this reference.
4. We reserve the right to update this Agreement at any time, at our sole discretion, and will notify you of such updates either via email or by posting such changes on our Site, or such other reasonable means. You can find the most recent version of this Agreement at bookit.com/terms with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. If you do not agree to the revised terms and conditions, your sole recourse is to cancel your account and cease use of the Service. Your continued access and use of the Service, including the continued use or enjoyment of any rewards offered through the Service, following notification of an updated version of this Agreement shall constitute your acceptance of the revised Agreement.
II. The Service
1. Our Service. The Company has developed, and continues to improve, an online marketplace (the “Marketplace”or “Website”) where you can book hotel, flight, rental car, cruise, and other travel and accommodation arrangements, as well as activities, products, beverages, and exclusive experiences (with provision of these Marketplace offerings collectively referred to as the “Service” or the “Services”). Additionally, when you purchase such travel and accommodation arrangements in the Marketplace, you may be rewarded “Spree Experience Points” (as further outlined below in these Terms of Use and referred to hereinafter as “SP”) which may also be redeemed for various purchases in the Marketplace..Our Service consists of access to the Marketplace and any software contained therein.Our Service is delivered through the world wide web (including the Marketplace), stand-alone mobile applications, or add-on software licensed from 3rd party ESPs Subject to and conditioned on your compliance with the terms of this Agreement, you shall have a non-exclusive, non-transferable, non-sublicensable, limited right, during the Term to access the Software and use the Service.
III. Pricing and Availability
1. Confidentiality. All prices provided in the Marketplace are confidential. The prices may not be publicly posted or disclosed to any others who do not have access to use the Marketplace. Failure to maintain the confidentiality of the prices in the Marketplace is a violation of these Terms and may result in the termination of your account, cancellation of all of your pending travel and purchases, and forfeiture of all payments made by you to us.
Unless otherwise stated, prices listed in the Marketplace are in U.S. dollars and do not include any applicable taxes, fees, port expenses, government fees, resort fees, upgrades, additional nights’ accommodations, food and beverage, travel, transfer fees, travel insurance, fuel surcharges, or any other related costs. Additional fees may also apply.
Product and service information in the Marketplace is based on information we receive from third-party providers. While we make reasonable efforts to ensure that this information is accurate and complete, we expressly disclaim liability for inaccurate, incomplete, or misleading information. In the event of any errors relating to the pricing or specifications of any item, product, or service, we may refuse or cancel any orders in our sole discretion and in accordance with the Section “Purchases In the Marketplace” of the “Additional Terms, Representations, and Requirements” Section below in these Terms. All travel products and services are based on space availability and are subject to change without notice. Travel products and services are not guaranteed until confirmation is received from the travel provider through us to you.
Special prices or rates may not be applicable with other offers or promotions. Other restrictions may apply.
All travel providers retain certain rights to increase rates (including, without limitation, taxes, fees, port expenses, gratuities/service charges, airport charges, government fees, resort fees, upgrades, food and beverage, transfer fees, travel insurance, fuel surcharges, and any other related costs), modify itineraries, change availability, and change and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in price or rate imposed by the travel provider will be passed on to you, and you agree to such increase, unless otherwise stated in the travel provider’s terms and conditions for the individual transaction.
We reserve the right to refuse or cancel any purchases made at a price that we determine to have been erroneous due to a printing, electronic or clerical error. If you have already been charged for the purchase and your order is canceled, we will issue a credit to your account in the amount of the incorrect price.
2. Network Content. The Software may integrate, be integrated into, or be provided in connection with our third party partners (the “Network Partners”) services or content (“Network Content”). Network Content is used to provide you access with content and features that will enhance your experience with our Services. We do not control Network Content, and your dealings with Network Content, including but not limited to, participation in promotions, purchase of goods/services, or any other type of involvement with Network Content in connection with your redemption, use and/or exploitation SP, are solely between you and the Network Partners. Therefore, you acknowledge and agree that Company, ESPs, and affiliates are not responsible or liable for the availability of, nor does Company, ESPs, or affiliates endorse the products or other materials of the Network Content. You further acknowledge and agree that Company, ESPs and affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Network Content. Finally, you acknowledge that if you access the Network Content, Network Partners terms and conditions, and privacy policies apply to your rights and obligations with respect to such access. Accordingly, we strongly encourage you to read the terms of use agreements and privacy policies that apply to such Network Content accessible on Network Partners websites. If you would like to stop using certain Network Content at any time, you may be able to turn off certain features within our Software.
3. Submissions and Transmissions. Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by Company, ESPs, or affiliates for any purpose, including, but not limited to, reproduction, disclosure, further transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to you.
IV. Product and Service Specific Terms and Conditions
1. Travel Products and Services. The additional terms and conditions of this Section IV apply to purchases of travel products and/or services. In the event of any conflicts between this section and any other section of the Terms, this section (“Product and Service Specific Terms and Conditions”) takes precedence and governs the purchase of travel products and/or services by you.
2. Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by us (in each instance a “Booking Confirmation”). This will be sent to you within two (2) weeks after the initial booking of the travel product or service. Multiple Booking Confirmations will not be issued. Travelers’ names on the Booking Confirmation must accurately reflect the travelers’ complete legal names as they appear on their respective proof of identification documents. It is your sole responsibility to review and verify all information on the Booking Confirmation for accuracy and completeness and check the spelling of all names carefully. Please notify our customer service representatives immediately if any changes or corrections are needed. Failure to do so constitutes acceptance of the information contained on the Booking Confirmation as accurate.
3. Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.
4. Identification Documentation. Travel providers may require that you and your traveling companions have in your possession the proper documentation required by the United States and/or any relevant foreign countries. The names on the Booking Confirmation must match such documentation exactly. You and your traveling companions are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. We do not assume any responsibility nor represent or warrant the accuracy of any information or opinion given regarding identification documentation. No refund will be issued if you and your traveling companions fail to bring proper documentation and are refused travel provider services/accommodation.
5. Travel Documents. Booking Confirmations will be sent electronically unless otherwise noted in the terms and conditions of the individual product description. If tickets or vouchers are issued as part of a transaction, then they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider’s prior written consent. When a name change is required, additional fees may apply. Notify our customer service representatives immediately if changes or corrections are required.
6. Travel Warnings. Please review travel prohibitions, warnings, announcements and advisories issued by the United States Government, and/or other applicable foreign governments prior to booking travel to international destinations. Information from the United States Government on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.cbp.gov.
BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS FOR SALE, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
7. Third-Party Provider Terms. Additional terms and conditions by third-party providers will apply to your reservation and purchase of travel-related goods and services and car rentals that you select from the Marketplace. You agree to abide by the terms and conditions of purchase imposed by any third-party provider (the “Provider Terms”) with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the provider’s rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your reservation if full payment is not received by the final payment date. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service they offer.
You understand that any violation of any such provider’s rules and restrictions may result in
(a) the cancellation of your reservation(s),
(b) being denied access to the applicable travel product or services,
(c) forfeiting any monies paid for such reservation(s), and/or
(d) the debiting of your account for any costs we incur as a result of such violation.
8. Hotels and Resorts. The hotels, resorts and other travel providers supplying travel or other services on the Website are independent third-party providers and not our agents or employees. We are not liable for any costs incurred due to hotel or resort relocation.
We have no special knowledge regarding the suitability of any reservation for persons with a disability. For information concerning the suitability for persons with a disability for any reservation, contact the travel provider directly.
We may pre-negotiate certain room rates with hotel and resort providers to facilitate the booking of reservations. You agree that your credit and/or debit card will be charged for the total reservation price.
Upon submitting your reservation request you authorize us to facilitate booking reservations on your behalf, including making payment arrangements with hotel and resort providers. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel and resort transactions are a recovery of the estimated taxes (e.g., sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the travel provider for taxes due on the travel provider’s rental rate for the room. The hotel and resort providers invoice us for certain charges, including tax amounts. The travel providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.
We do not act as a co-vendor with the travel provider with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to the travel providers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of your actual use of the hotel or resort.
9. Alcohol.
The following additional terms and conditions apply to purchases of alcohol and services through the Website. In the event of any conflicts between this section and any other section of the Terms, this specific “Alcohol” Section of these Terms takes precedence and governs the purchase and shipping of any alcohol products and services.
Providers. Where local law allows, we have chosen WineDirect, Inc., to select the wines and operate the wine benefits program on our behalf. WineDirect, Inc. uses suppliers’ direct to consumer shipping permits and ships in accordance with direct shipping laws for states where we ship. ALL ALCOHOLIC BEVERAGES PURCHASED THROUGH THE WEBSITE ARE SOLD BY THE LICENSED SUPPLIER AS SELLER OF RECORD. We and WineDirect, Inc. make no representation of the legal rights of anyone to ship or import alcoholic beverages into any state within the United States. All redemption of purchaser benefits will be facilitated by us.
Age Restrictions. You must be at least twenty one (21) years of age to purchase wine products and to sign for the delivery of wine products. Proof of age will be required to receive wine shipments. Drinking wine may increase risk for cancer, and, during pregnancy, can cause birth defects.
Sale and delivery. WineDirect, Inc. does not deliver wine or other alcoholic beverages outside of the United States. Sales are subject to all federal, state and local laws and regulations regarding the sale and delivery of wine and alcoholic beverages, including the payment of all applicable federal, state and local taxes.
Parental Control Protections. As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content including alcohol purchases that may be harmful to minors.
No Warranties. To the extent permissible under law, we disclaim any and all warranties, express or implied, for any product or service sold on the Website, beyond warranties provided by the supplier or manufacturer.
Return Policy. Wine is not returnable. In the event a bottle of wine is damaged due to errors in packing or shipping, we reserve the right to either send a replacement bottle or issue a credit for discount towards future purchases equal to the value of the damaged wine.
Shipping.
10. Merchandise
The following additional merchandise terms and conditions apply to purchases of merchandise through the Website. In the event of any conflicts between this section and any other section of the Terms, this Section 8(c) takes precedence and governs the purchase of merchandise by you.
Sales Tax. We are required by law to collect and remit applicable sales tax to each state for all purchases, including for shipping and handling charges. When applicable, sales tax will be automatically calculated during the online checkout process.
Shipping and Handling (S/H). Products may only be shipped to a valid United States address in the contiguous forty-eight (48) States. Shipping and handling charges are automatically calculated on a per-item basis and after purchaser provides the “Ship To Address” information. We cannot ship to a PO box or APO address. We reserve the right to restrict delivery to certain remote locations. Products ordered together may not necessarily ship together. Please allow processing time for all orders. Items are shipped via standard ground service. Some items may take longer for delivery such as furniture and large appliances.
Prices and Expiration. Except where otherwise noted, the displayed list price in the Marketplace may represent (i) the full retail price suggested by the manufacturer and/or supplier, (ii) the estimated price in accordance with standard industry practice, or (iii) the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent an “open-stock” price, which is the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. All prices are subject to change without notice, and we disclaim any such liability or responsibility for rapidly changing prices. In the event of an erroneously published price, we reserve the right to cancel the order.
Products. All items are manufactured by independent suppliers. We and our subsidiaries, affiliates and agents make no guarantees, warranties or representations of any kind, express or implied, with respect to suppliers’ items, and are not liable for any loss, expense, accident, or inconvenience that may arise in connection with the use of supplier items, or as a result of any defect in or failure of supplier items. Manufacturers’ unforeseen product shortages or technical advances may necessitate the shipment of updated, or a different manufacturer’s updated or similar product, each of which will be of equal or greater value than the product ordered, at no additional cost. Model numbers are included on the product detail page and pertain to the item shown, not the substituted product. Model numbers may be unique to the Website and may not match the manufacturer's retail model numbers. We attempt to be as accurate as possible in the description, images and model numbers of the products. However, we do not guarantee that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If a product received is not as described, your sole remedy is to return it in unused condition.
Cancellations of Alcohol Purchases. Due to our automated order processing system, we cannot cancel an order.
Returns. If you are dissatisfied with a merchandise purchase, you must return the item in the original unopened package, in re-sellable condition, within ten (10) days of receipt of the order. We can offer an exchange of the item, a credit to your account or issue a credit to the original form of payment used for the merchandise purchase. Some items may not be eligible for return. A re-stocking fee may apply, and shipping charges are non-refundable. Merchandise purchased as a set may not be returned individually. To help us maintain quality standards and understand the reason for the return, we require that you call our customer service representative to obtain a Return Authorization (“RA”) number. All returns should be shipped via the method received, using the RA label provided. We will promptly process the return upon receipt. If you have misplaced the packing slip, please include a note inside the package with the following information: name, address, order number and items ordered. Please allow a reasonable processing time to process the return and issue a credit. In the rare event the ordered merchandise arrives damaged, please note the damage on all copies of the delivery receipt before signing. Retain a copy of the receipt and call our customer service immediately. All damages must be reported within twenty four (24) hours of receipt.
11. Rental Cars.
In general, you must be thirty (30) years old or older to make a car rental booking. For an additional fee, some car rental providers may allow bookings by those under thirty (30) years of age. Please see the car rental provider’s Provider Terms for its minimum and maximum ages to rent a car and ages to which an additional fee may apply. The vehicle types and prices on the Website are subject to availability and subject to change at any time without notice. The vehicle models pictured on the Website represent the type of vehicle that will be provided but may not be the exact make or model that will be provided at the time that the rental car is picked up. We attempt to be as accurate as possible in the description of the rental cars; however, we do not guarantee that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. We strongly recommend that you verify the accuracy of all of the information in the confirmation of the reservation as soon as you receive it and inform us immediately in the case of any mistake and/or discrepancy.
We offer car rental booking services through the Website. We are not, nor do we own or operate, a car rental company. We act as an agent only by submitting customers’ requests and reservations to car rental providers through the Website. All rental car bookings are subject to the car rental providers’ rental agreements. At the time of pick-up of the vehicle you will be presented with a car rental agreement by the relevant car rental provider. We strongly recommend that you read the terms of the car rental agreement carefully prior to signing and verify your rental inclusions and exclusions. The car rental provider may also charge additional local fees in local currency at the time of pick up, and other fees for car rental services performed outside of its hours of operation. Please also refer to your car rental agreement with the car rental provider and its Provider Terms for any additional details regarding a security deposit or any additional charges that may apply, such as drop-off charges.
Unless indicated otherwise, the prices do not include the cost for fuel or charging of electric vehicles and the vehicle must be returned fully fueled and/or charged to the original location. When picking up the rental car, you must provide a valid credit card in the main driver's name and the car rental provider may require you to authorize a deposit for the car rental. The car rental provider may not accept a debit card for such a deposit. Additionally, you will be required to provide a valid driver’s license. Additional identification, such as a passport or proof of name and address or credit card may be required. Please check with the car rental provider in the location of the car rental pickup to verify all documentation that will be required at the time of pick up. Certain restrictions on travel may apply, such as restrictions on driving outside of the rental country or taking the rental car on ferries.
Any cancellation of a car rental booking must be made more than forty-eight (48) hours prior to the scheduled pick-up date. Any rental car cancellation made less than forty-eight (48) hours prior to the scheduled pick-up date will result in you being charged an administrative fee equal to the full cost of the rental car booking. Failure to pick up the rental car at the scheduled day and time, or failure to provide a valid credit card or sufficient documentation (e.g. failure to provide a valid driver’s license, a valid credit card or a valid identity card/passport) at time of pick up will be treated as a “No Show” and result in an administrative fee equal to the full cost of the car rental booking. No refund will be provided for unused days of a car rental booking, for example if the car rental provider allows you to pick up the vehicle late or if you return the vehicle early. The car rental provider’s Provider Terms may also contain additional terms and conditions regarding cancellations and No Shows.
V. Use of the Service
1. Acceptable Use. You agree that you will not (and will not permit or encourage any Users or other third party to) directly or indirectly:
2. Notice of Unauthorized Use. You will immediately notify us of any unauthorized use of your Account or the Service that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use.
VI. Changes and Updates to the Service
1. Service Change. You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, delete or discontinue the features, functionality, content or other aspects of the Service, including any and all rewards and offers, at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Service, including the release of new tools and Software, shall be subject to this Agreement. We do not guarantee the availability of the Service and/or any of the rewards or offers contained therein, and they are all subject to change at any time without notice.
2. Upgrades. We reserve the right to add at any time additional features or functions to, or release new versions of, the Software and/or any other Services (any such new features, functions or versions, are referred to as "Upgrades"). For instance, the Upgrades may help us better administer the Software and Services and improve your experience. We may automatically make an Upgrade available without notice to you. In addition, the Upgrades may cause the Software to revert to the default settings of the current version of the Software. Unless we provide you with express notice to the contrary, an Upgrade will not delete or modify any data that would not have been deleted or modified if you had installed the then current version of the Software instead of having the Upgrade installed. Finally, although we may make Upgrades available to you, you understand and acknowledge that we have no obligation to do so.
VII. Confidential BETA Test
1. From time to time, we may conduct a limited confidential beta test to allow selected users to test new features, capabilities, and performance of the Services (the “Beta Test”).
VIII. User Accounts
1. Account Registration. To obtain access to the Service as a User, you are required to register for an account (“Account”) on join.bookit.com(the “Site”) by submitting a registration form with your first name, last name, email address, mailing address, phone number and a unique password to login. In order to register for an Account, you must verify through a 2-factor-authentication (“2FA”) protocol that the phone number provided in your Account registration form belongs to you. Currently, only U.S. registered phone numbers are eligible for 2FA verification in connection with Account registration. When registering for an Account you must meet the conditions set forth in “Use of Service – Acceptable Use” Section above, including: (a) providing true, accurate, current and complete information about yourself as requested by the registration form for the Service, and (b) maintaining and promptly updating throughout the Term such information to keep it true, accurate, current and complete. Your Account login is personal to you and may not be shared or used by anyone else.
2. Account Information Confidentiality and Security. You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. If you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account, you must notify us immediately by contacting us at the email address provided at the end of this Agreement.
IX. Spree Experience Points
1. Purpose. The purpose of Spree Points (collectively, “SP”) is to increase consumer loyalty by rewarding you for making certain qualifying purchases and other actions (each an “SP-Qualified Action”).
2. Earning SP. For all SP-Qualified Actions, your account may be awarded SP (in each instance, an “SP Reward”). Any SP Reward to be credited to your account for any purchase eligible for an SP Reward credit (each an “Eligible Purchase”) shall remain pending until the transaction for the Eligible Purchase is “finalized”, as defined in the terms of the Eligible Purchase. You cannot and will be unable to use pending SP Rewards. Once an Eligible Purchase has been finalized, the pending status of your SP Reward shall be removed and you will be able to fully access, use, and spend the SP Reward credited to your account. In any instance where an account is granted an SP Reward after removal of pending status, and the Eligible Purchase for which the SP Reward was granted is voided, any SP Reward awarded for such voided transaction shall also be voided - this may result in a negative SP account balance and outstanding cash balance due from you to us.
3. Purchasing SP. You may purchase SP at join.bookit.com. SP pricing at checkout shall include a 0.75% SP origination fee. Additionally, at SP purchase checkout, users shall be assessed a network processing fee that is based on the payment method that user is utilizing for purchase of SP (each a “Payment Method Fee”), (for example, purchases via credit card will incur an additional fee of 2.75% of the purchase value). The Company, at its sole discretion, may change, modify, eliminate, or implement any Payment Method Fee at any time and without notice. All SP purchases are final, non-refundable, and non-transferrable.
4. Redeeming SP. Subject to these Terms and our approval, you may request that we redeem SP from your Account. SP may only be redeemed from your Account as part of an approved redemption transaction through the Software. Approved redemption transactions that are available to you will be listed on the Software, and we may modify these at any time in our sole discretion. We will deduct SP from your Account for any approved redemption transactions.
You are solely responsible for verifying the accuracy and completeness of any redemption transaction performed by us hereunder. You must notify us of any errors within ten (10) Business Days of such information being made available to you. If you do not notify us of any such errors within such ten (10) Business Days, you will forfeit the right to contest a transaction, except to the extent such forfeiture is prohibited by applicable law.
Certain limits may apply to your redemption of SP. For example, unless otherwise permitted on the Software, you may only redeem up to ten thousand dollars ($10,000) equal to one million (1,000,000) SP in any day unless otherwise permitted on the Software. Without limiting any of the other conditions of these Terms, we may modify the redemption terms for SP at any time in our sole discretion.
5. Taxes. All amounts paid to you hereunder are exclusive of any applicable withholding, sales, use, excise, value-added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes. You agree to promptly and fully reimburse and indemnify us for any taxes, penalties, and interest assessed by any taxing authority regarding amounts owed by you in connection with these.
6. Terms. Depending on applicable tax laws, your receipt of rewards may be subject to reporting to certain tax authorities. In accordance with such laws, we may be required to send to you and file certain forms with tax authorities, such as the IRS Form 1099-MISC (Miscellaneous Income), for any year in which rewards are issued to you. If we request information from you in order to complete a required tax form, and you fail to provide the requisite information, you will be prohibited from redeeming SP from your Account until we receive the required information.
7. Pre-Sale. The Company is offering a pre-sale (the “Pre-Sale”) of Memberships prior to the Company’s formal launch of the platform through which users shall receive the Services. If you wish to participate in the Pre-Sale, you acknowledge that
A. the Services are not available during the Presale;
B. any pre-payment you make as part of the Pre-Sale is for the Services once those Services become available;
C. you will be notified by the Company (via contact information you provide in registration during the Pre-sale) when the Services become available;
D) any Pre-Sale payments made by you using cryptocurrency may only be refunded, if at all, at the value of such cryptocurrency at the time payment was made by you, and such refund, if any, may be made to you by the Company in a different currency than that with which you made your initial Pre-Sale payment; and
E) you have read and understand the Acura Grand Prix of Long Beach OFFICIAL RULES.
X. Memberships
1. Memberships Generally. You must maintain a membership (the “Membership”) to receive an account necessary to make Purchases in the Marketplace. Fees to procure and/or maintain a Membership (the “Membership Fees”) may vary and may be changed uniliterally by the Company, at its sole discretion, at any time and without notice to you. All Memberships are subject to these Terms of Use. Upon purchase of a Membership, You can cancel your Membership at any time. We can also revoke your Membership at any time and without notice. Membership Fees may be recurring and may result in automatic and recurring monthly debits (the “Auto-Payments”) to any payment method you have used to purchase such Membership or to your SP account balance using a conversion rate of one hundred (100) SP per U.S. dollar ($1). Upon your purchase of a Membership, you agree to such Auto-Payments.
XI. Additional Terms, Representations, and Requirements
1. You may only access and use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. You may not use SP to make purchases, to transfer funds to third parties, or for any other purpose, except as expressly permitted by us. You acknowledge and agree that SP:
2. You further acknowledge and agree that:
3. You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute SP, except as expressly permitted by the Software and subject to applicable law. Any disposition or attempted disposition of SP in violation of these Terms will be void and will result in immediate termination of your Account. We do not recognize or condone any third-party service that may be used to sell, exchange, transfer, or otherwise dispose of SP, and we do not assume any responsibility for, and will not support, such transactions.
In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity. In order to redeem SP on the Software, you may be required to provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and your Linked Card and redemption Account information.
4. Purchases in the Marketplace. Users may purchase goods, experiences, merchandise, products, and Memberships listed in the Marketplace, as well as associated recurring charges, free trials, and promotions (in each instance, a “Purchase”) using SP, cryptocurrencies, or via credit card. All Purchases, regardless of the means by which such Purchases are made, are final, non-transferable, and generally non-refundable, except in the instance that a Purchase is for participation at or attendance of an event and the event is canceled and not rescheduled. In such instances, you must email support@join.bookit.com and provide necessary information for the Company for review. Upon review of the relevant circumstances necessitating the permitted refund (i.e. cancellation without rescheduling), the Company will determine whether a refund shall be granted. If the Company determines, in its sole discretion, that a refund shall be granted, it shall refund to the purchaser the equivalent value of the price paid in the relevant purchase in the form of SP, cash, USDC or other cryptocurrencies, credit card credit, Marketplace credit, or via another medium that, at the sole discretion of the Company, may or may not be in the same form or currency used in the original Purchase being refunded.
5. Shipping and Local Laws. Certain Purchases may only be drop-shipped in the United States, and all Purchases are subject to all relevant local, state, federal, and international laws.
6. SP Bonus, Limited Time Promotion(s). Users may receive an SP bonus on sign up, eligible card link, transaction data and interactions on my.bookit.com, or other SP-Qualified Action, pending Account verification (including but not limited to, verifying transactional data, and at the sole discretion of the Company), during certain limited time promotion(s). Additionally, any SP bonuses shall be awarded in accordance with timelines defined by the Company at the time of such promotion, and, in certain cases, Users will maintain a pending points balance which shall officially vest to the User after a certain period of time or after a specific occurrence, as defined by the Company in its sole discretion.
7. Referral SP Bonus, Limited Time Promotion. Users may receive SP per eligible and completed referral sign up, pending Account verification (including but not limited to, verifying transactional data, and at the sole discretion of the Company), during certain limited time promotion.
XII. Marketing
1. By signing up for the Service, you agree to receive marketing emails or text messages regarding the Service from the Company or its affiliated partners. Users may opt-out of these communications at any time by unchecking the opt-in during sign up, by selecting “unsubscribe” within an email, replying “stop” within an SMS message, or by emailing support@join.bookit.com. Messaging and data rates apply and are the sole responsibility of the user.
XIII. Ownership and Proprietary Rights in the Services
1. All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to the Company and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.
2. You acknowledge and agree that the Services are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of the Company and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or the Company.
Acknowledgment of Proprietary Rights.
By using our Software and Services, you acknowledge that all information, content and materials contained
within our Software and Services (in any form or media, the "Materials") may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary
rights owned by us, our content suppliers or licensors, or by other individuals whose content have been
submitted to the Software and/or the Services. Except for Third-Party Content which are in the public domain,
you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any
other way exploit the Materials, except as expressly set forth in these Terms. The trademarks, logos, and
service marks (whether or not registered, collectively the "Trademarks") displayed from the Software and/or through the Services (including Third-Party Content), are Trademarks
of the Company and/or third parties. Except in connection with Badges as licensed hereunder, you have no right to use
the Trademarks in any way and nothing contained on the Software should be construed as granting to you, by
implication, estoppel or otherwise, any license or right to use any Trademark without our written permission or
the written permission of the third party that owns the Trademark. You are hereby advised that the Company is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution where appropriate. The Company will also reasonably cooperate with any third party alleging that any Material is infringing such
party's intellectual property rights and shall take such steps as are required by law or otherwise
reasonable and necessary to resolve any such complaint.
3. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Services solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to):
WITHOUT LIMITING ANY OTHER PROVISION OF THE TERMS, COMPANY RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MARKETPLACE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN the Terms, OR violation OF ANY APPLICABLE LAW OR REGULATION.
XIV. Cancellation and Termination
1. Term. This Agreement is effective and you will continue to be a member until we terminate your Account or you properly cancel your Account in accordance with this Agreement (“Term”).
2. Termination. You are solely responsible for properly canceling your Account. You may cancel your Account at any time by sending us an email at support@mythe Companyrewards.com. All cancellations will be processed within forty-eight (48) hours of receipt of the request for cancellation. We reserve the right to in our sole and absolute discretion, to temporarily suspend access to the Service (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of our network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement.
3. Effect of Termination. Upon termination of this Agreement or cancellation of your Account, all licenses and other rights granted to you hereunder will immediately terminate and you will lose access to and will cease all use of the Service (including all rewards and/or discounts offered through the Service). For avoidance of doubt, you understand and agree that any rewards that you obtained through the Service during the Term may not be used beyond the termination of this Agreement or cancellation of your Account.
XV. Third Party Linked Service and Content
1. The Software and Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including but not limited to websites, directories, servers, networks, systems, information and databases, software, applications, programs, products and/or services, and the Internet as a whole. When you engage a third party’s website or service which is linked to the Software and/or Service, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such websites maintained by third parties. All rewards and offers that you pursue or other transactions you engage in using the Service are between you and the transacting party. The Company is not an agent of any such transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. The Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services.
XVI. Proprietary Rights
1. Our Proprietary Rights. As between you and us, we and our ESPs and licensors own and reserve all right, title and interest in and to the Service and our Site, including all intellectual property rights therein. You hereby grant to us and our contractors the right to use, modify, adapt, reproduce, distribute, display and disclose any information or data you transmit to the Service solely to the extent necessary to provide you with the Service or as otherwise permitted by this Agreement and the Privacy Policy.
2. Trademarks. The Software and/or Service contain valuable trademarks owned and used by us to distinguish the Software and Service from those of others. The Software and/or Service may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Software and/or Service. You agree not to use or display, except as expressly permitted hereby, any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
XVII. Confidentiality
1. In connection with this Agreement, you may receive or have access to Confidential Information of the Company. For purposes of this Agreement, “Confidential Information” means the terms of this Agreement, and all technical and non-technical information concerning or related to the Company’s or its affiliates’ respective products, services, and general business operations, information of or concerning the Company’s or its affiliates’ users or employees, and any and all data, information and materials related to any of the foregoing. You agree that you shall not disclose Confidential Information to any third party, except to your employees who have a need to know and are bound by written confidentiality obligations no less restrictive than these. Confidential Information remains the sole and exclusive property of the Company.
XVIII. Electronic Communications
1. By registering for the Service, you understand that we may send you or your Users communications or data regarding the Service, including but not limited to updates, and promotional information and materials regarding the Service, all in electronic form via the email address you specified when you registered. You may unsubscribe your members from such communications by contacting us at support@mythe Companyrewards.com anytime.
XIX. Disclaimer of Warranties
1. WE PROVIDE OUR SERVICE TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SERVICE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN, OR RESULTS OBTAINED THEREFROM) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE MERCHANT OR ADVERTISERS LISTED ON THE SOFTWARE. ACCORDINGLY, NEITHER THE COMPANY NOR THE COMPANY SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF THE PERKS, DISCOUNTS, OR PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK.
XX. Indemnification
1. You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, ESPs, and affiliates, and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all claims (including all associated costs, expenses and reasonable attorneys’ fees) from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees and court costs) arising out of or related to: (a) your breach of these Terms, or (b) your violation of applicable laws, rules, or regulations in connection with the Service.
XXI. Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ESPS, OR THEIR RESPECTIVE OFFICERS OR EMPLOYEES, PRINCIPALS, DIRECTORS, MEMBERS, AGENTS, CONSULTANTS, SUBSIDIARIES, PARENT COMPANY OR AFFILIATES (TOGETHER THE “RELATED PARTIES”) BE LIABLE TO YOU (OR ANY PARTY CLAIMING THROUGH YOU) FOR ANY DAMAGES OR LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE AND/OR THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR YOUR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE, SITE OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
3. Damage Caused by Third Parties. You agree that the Company and Related Parties are not responsible for, and the Company and Related Parties expressly disclaim any liability for, any damage, loss, or injury you may incur as a result of actions taken by other parties who access or use the Software and/or Services, including, without limitation, damages resulting from hacking, tampering, cheating, or disseminating malware from the Software and/or Services.
XXIII. Miscellaneous
1. Removal. If you do not agree to accept and comply with any provision of this Agreement, or any amendment made by the Company to this Agreement, you must immediately stop using any Services.
2. Digital Millennium Copyright Act. If you are aware of or believe there is any infringing content or other material on the Software or any of our Services, please notify us. We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.
3. Dispute Resolution by Binding Arbitration. Many user concerns can be resolved quickly and to the user's satisfaction by contacting us at the email address below. If, however, there is an issue that needs to be resolved, this Section describes how both of us will proceed.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND ITS RELATED COMPANIES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Any claim or dispute between you and the Company or Related Parties arising out of or relating in any way to the Software, Services, this Agreement, marketing by the Company or Network Content, including claims that arise after the termination of this Agreement, shall be resolved through final, binding arbitration.
The obligation to arbitrate applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory. We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
A party who intends to proceed with a claim or dispute must first send to the other a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to the Company shall be sent via registered mail at the address provided at the end of this Agreement. We will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty (30) day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty (30) day cure period, either party may commence an arbitration proceeding if the claim has not been fully satisfied.
The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on behalf of a class or otherwise issue class-wide or group relief. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts, witnesses, and filing fees and the parties shall split the cost of the arbitrator.
If any aspect or portion of this “Dispute Resolution By Binding Arbitration” Section is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of this Section remaining in full force and effect.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USED THE SOFTWARE BY SENDING A REQUEST THROUGH REGISTERED MAIL TO US. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SEND A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED THE SOFTWARE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
4. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the Service. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the Parties relating to your use of the Service (including, without limitation, any prior versions of this Agreement).
5. No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.
6. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the Parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and that the remaining provisions shall remain in full force and effect.
7. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., without regard to its principles regarding conflicts of law. You agree that, as provided in the “Dispute Resolution By Binding Arbitration” Section above, disputes shall be resolved by binding arbitration. You also agree that if you or the Company should nonetheless file a lawsuit against the other or any Related Parties, regardless of the validity of the suit or whether it can be maintained or is prohibited by the “Dispute Resolution By Binding Arbitration” Section above, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in New York, New York and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.
8. Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
9. Survival of Terms. After your subscription to the Service has terminated, any and all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
XXIV. Contacting Us
To contact us with any questions about our Terms of Use or practices, please email us at support@join.bookit.com.