Alterra.ai

Terms of Service

Last updated January 19, 2017

Here's what you're agreeing to by accessing or using Alterra’s website, mobile apps and messenger bots (collectively, the "Alterra Service"):

The Alterra Service is owned and operated by RNK Technologies, Inc. (d/b/a Alterra.ai) ("Alterra," "we"). These Terms of Service are a binding legal agreement between you and Alterra regarding your use of the Alterra Service (together with the Privacy Policy where applicable, the "Agreement"). If you do not accept these terms, do not use the Alterra Service. We reserve the right to modify or replace these Terms of Service at any time and in our sole discretion. When we do, we will update the last revised date at the top of this Agreement. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Terms of Service). It is your responsibility to regularly check the Alterra website to determine if there have been changes. Your continued use of the Alterra Service following the posting of any changes to the Terms of Service will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Alterra Service.

Your Responsibilities

The Alterra Service is for people trying to find travel information for themselves, their families, their coworkers, and their friends, and Alterra grants you a limited and revocable right to use the Service for those purposes. You represent that all information you supply on the Service is true, accurate, current and complete. Without separate, written permission from Alterra in advance, you may not: (i) reuse or "scrape" Alterra's data for use in another service or website, (ii) attempt to circumvent any controls or limitations Alterra places on your ability to access Alterra or information on the Alterra Service, including by means of robot exclusion headers, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Alterra Service or otherwise interfering with the proper function of the website, (iv) "frame," "mirror," or otherwise incorporate any part of the Alterra Service into any other website or service, or (v) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on the Alterra Service.

If you are looking for travel information for a commercial purpose (for example, if you are a travel agent), you may not use Alterra to find information and then book travel found on Alterra through another website or service. If you are using Alterra for a non-commercial reason (such as for personal use), you may choose to book your travel elsewhere.

Intellectual Property

The Alterra Service, and all information, data and other content and materials available on the Alterra Service, including, but not limited to, the Alterra logo and all designs, text, documents, graphics, software, sounds files, other files and the selection and arrangement thereof are the proprietary property of Alterra and its suppliers and licensors and are protected by U.S. and international intellectual property laws. Alterra and its suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.

ALTERRA and the Alterra logo are trademarks of Alterra, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alterra. All other trademarks, product names and company names or logos mentioned on the Alterra website are property of their respective owners. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

Pre-Release Services

Subject to these Terms of Service, Alterra may make beta and other pre- release services, and related documentation, materials, and information (collectively, the "Pre-Release Services") available to you from time to time for the purpose of providing Alterra with feedback on the quality and usability of the Pre-Release Services. You understand and agree that your use of the Pre-Release Services is solely for testing and evaluation purposes in connection with the Alterra Service and will not be used for any commercial purposes. During your participation in the Pre- Release Services, Alterra is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Services. You acknowledge that Alterra has no express or implied obligation to announce or make available a commercial version of the Pre-Release Services to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Services.

Disclaimer of Warranties

THE ALTERRA SERVICE AND ANY PRE-RELEASE SERVICES ARE OFFERED "AS IS" — THAT MEANS WE DON'T GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, AVAILABILITY, OR SPEED OF THE ALTERRA SERVICE AND ANY PRE-RELEASE SERVICES, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY, INCLUDING BUT NOT LIMITED TO: PRICES, SCHEDULES, FARES, PHOTOGRAPHS, SEAT AVAILABILITY, AIRCRAFT TYPES, AIRLINE NAMES, FREQUENT FLYER MILE EARNING, HOTEL AMENITIES, HOTEL RATINGS, OR THE HELP WE PROVIDE VIA LIVE CHAT OR EMAIL.

ALTERRA AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND — EXPRESS OR IMPLIED — INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALTERRA DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR ANY EMAIL SENT FROM ALTERRA IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALTERRA WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

IN EXCHANGE FOR ALTERRA'S PROVISION OF THE ALTERRA SERVICE TO YOU, YOU AGREE THAT ALTERRA IS ENTITLED TO A LIMITATION OF LIABILITY. WHAT THAT MEANS IS THAT IN NO EVENT WILL ALTERRA — OR ITS LICENSORS OR SUPPLIERS — BE LIABLE ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE ALTERRA SERVICE, ON ANY THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF ALTERRA OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY AMOUNTS PAID BY YOU TO ANY OF ALTERRA'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE LINK. IN NO EVENT WILL ALTERRA BE LIABLE TO YOU FOR ANY MORE THAN THE TOTAL AMOUNTS YOU HAVE PAID TO ALTERRA.

THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE ALTERRA SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ALTERRA SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ALTERRA SERVICE. (OF PARTICULAR IMPORTANCE, THIS MEANS WE ARE NOT RESPONSIBLE IF YOUR FLIGHT, TRAIN, OR OTHER TRAVEL IS DELAYED OR CANCELED, OR IF YOUR HOTEL RESERVATION IS ALTERED OR CANCELED.) THE INCLUSION, RECEPTION, OFFERING, OR ADVERTISING OF ANY SERVICES OR PRODUCTS THROUGH OR ON THE ALTERRA SERVICE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICES OR PRODUCTS BY ALTERRA.

EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Alterra Service is controlled and offered by Alterra in the United States of America. Alterra makes no representations that the Alterra Service is appropriate or available for use in other locations. Those who access or use the Alterra Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Third Party Content and Services

As you may notice, the Alterra Service may contain links to third party products, services and/or websites. We don't have any control over these third parties, and we are not responsible for their performance. We also don't endorse them, and are not responsible for their terms, their privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you. Your security when using these third parties is your responsibility. You also may interact with the Alterra Virtual Travel Agent (bot) via a third party service, such as Facebook Messenger, Telegram, Skype or Slack. Again, you understand that your relationships with those third-party services are governed by the terms of service for those services, not these Terms of Service, and that we are not responsible for these third parties' privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you.

Booking Travel through Our Travel Partners

Alterra offers users the ability to book travel with some of our third-party travel partners through the Alterra Service. If you use a booking feature that's powered by one of our travel partners, we collect your payment information and pass it on to the travel partner to process the transaction, consistent with our Privacy Policy. We don't complete the transaction or process your payment — the travel partner does. You understand and agree that if you encounter any problems with the transaction or with the reservation you book in that transaction, you must resolve your dispute with the travel partner, not with Alterra, and your sole remedy, including any refund, lies with the travel partner, not with Alterra.

Additional terms, provided by the travel partner, apply to your transaction or other use of the booking feature powered by that partner, and you acknowledge and agree to be bound by those additional terms.

You understand that the applicable partner's terms govern your booking transaction, and that in the event of any material conflict between those terms and this Agreement with respect to your booking transaction or other use of the booking feature, those terms shall prevail. Alterra has no control over its third-party travel partners and is not responsible for their terms, their privacy, data security or other practices, their performance, or their content, advertising, or other materials they may provide to you, whether or not provided through the Service.

Modifications to the Alterra Service

We're still working on the Alterra service, so from time to time we may modify, discontinue, or restrict, temporarily or permanently, portions or all of the Alterra service. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use the Alterra service, and to block, restrict or prevent your future access to or use of the service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance or restriction of the Alterra service.

Privacy Policy

We may collect information about you through the Alterra Service. Our collection and use of this information is described in the Alterra Privacy Policy. Our Privacy Policy is incorporated into these Terms of Service.

Ability to Accept Terms of Service

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Alterra is not intended for or directed to persons under the age of 13. Any person who provides their information to Alterra through any part of the Alterra Service represents to Alterra that he or she is 13 years of age or older. If you are under the age of 13, then please do not use the Alterra Service.

Termination

These Terms of Service will continue to apply to you until either you or Alterra terminates this Agreement. If you connect to the Alterra Service using your Facebook or Google account, you may terminate this Agreement at any time by disconnecting your account from the Alterra Service and no longer using the Service thereafter. If you have created a Alterra account, you may terminate this Agreement at any time by sending a notice confirming such termination to Alterra by email at contact@Alterra.com.

Alterra may suspend your access to the Alterra Service and/or terminate this Agreement at any time, with or without notice to you, (i) if you are in breach of any other provision of these Terms of Use or if you make unauthorized use of the Alterra Service; (ii) if Alterra elects at its discretion to cease providing access to the Alterra Service in the jurisdiction where you reside or from where you are attempting to access the Alterra Service, or (iii) in other reasonable circumstances as determined by Alterra at its discretion. The provisions of these Terms of Use that are intended by their nature to survive the termination of the Agreement will survive the termination of the Agreement, including, but not limited to, those Sections entitled Your Responsibilities, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Payments, Privacy Policy, Integration and Severability, Governing Law, Arbitration, and Arbitration Agreement, respectively. If you or Alterra terminate this Agreement, or if Alterra suspends your access to the Alterra Service, you agree that Alterra shall have no liability or responsibility to you and Alterra will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law, except as otherwise provided under these Terms.

Integration and Severability

These Terms of Use, together with the Alterra Privacy Policy (which is hereby incorporated by this reference), constitute the entire agreement between you and Alterra with respect to your use of the Alterra Service, and supersede any prior agreement between you and Alterra. Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will therefore remain in full force and effect. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) of the Agreement in the future. Alterra reserves any rights not expressly granted herein.

Governing Law

This Agreement, and all legal issues arising from or related to the Alterra Service, shall be governed by and construed in accordance with the laws of the State of California without regard to that state's conflict of law provisions.

Arbitration

All disputes between you and Alterra will be resolved by BINDING ARBITRATION as described in more detail in the Arbitration Agreement included below. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement (except for matters that may be taken to small claims court).

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than they would be in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by courts or judges.

Arbitration Agreement

You and Alterra agree that any dispute, claim or controversy arising out of or relating in any way to the Alterra Service, our website or user interfaces, or these Terms of Use shall be determined by binding arbitration instead of in courts of general jurisdiction. You and Alterra agree that this arbitration agreement extends to the determination of the scope or applicability of this agreement to arbitrate.

You agree that, by entering into this Agreement, you and Alterra are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and the termination of your use of the Alterra Service.

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