TERMS OF USE

THE FOLLOWING TERMS OF USE APPLY TO INDIVIDUALS VISITING THE FREEBIRD WEBSITE ON THEIR OWN BEHALF AND/OR PURCHASING ACCESS TO THE SERVICES DIRECTLY FROM FREEBIRD, AND NOT ACCESSING THE SERVICES THROUGH A SEPARATE AGREEMENT WITH ANY THIRD PARTY (SUCH AS AN AGREEMENT YOUR COMPANY OR TRAVEL SERVICES PROVIDER MAY HAVE WITH FREEBIRD). IF YOU ARE ACCESSING THE SERVICES THROUGH SUCH AN ARRANGEMENT, THESE TERMS DO NOT APPLY TO YOU. HOWEVER, OTHER TERMS MAY APPLY AND YOU SHOULD CHECK WITH YOUR COMPANY OR TRAVEL SERVICES PROVIDER FOR DETAILS.

IF YOU DO NOT USE THE SERVICES BY ARRANGEMENT WITH YOUR COMPANY OR ANOTHER THIRD PARTY AND YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Effective date: April 17, 2017

Welcome to Freebird. Please read on to learn the rules and restrictions that govern your use of our application and our website (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@getfreebird.com.

These terms of use (the “Terms of Use”) are a binding contract between you and Freebird, Inc. (“Freebird,” “we” and “us”). You must agree to and accept all of the Terms of Use, or you do not have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms of Use, and these Terms of Use will remain in effect while you use the Services. To the extent that you decide to purchase anything from Freebird, you agree that the additional terms and conditions set forth below in the “Terms of Service” section shall also apply to you. These Terms of Use include the provisions in this document, as well as those in our Privacy Policy and the Terms of Service, if applicable.

Will these Terms of Use ever change?

We are constantly trying to improve our Services, so these Terms of Use may need to change along with the Services. We reserve the right to change the Terms of Use at any time, but if we do, we will bring it to your attention by placing a notice within the application, by sending you an email, and/or by some other means.

If you do not agree with the new Terms of Use, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Use is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless in writing and signed by both you and us.

What about my privacy?

Freebird takes the privacy of its users very seriously. For the current Freebird Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@getfreebird.com.

What are the basics of using Freebird?

You may be required to sign up for an account with your e-mail address and select a password (“Freebird User ID”). You promise to provide us with accurate, complete, and updated registration information. You may not select as your Freebird User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract. Or if you are agreeing to these Terms of Use on behalf of an organization, entity, or person other than yourself, you represent and warrant that you are authorized to agree to these Terms of Use on that organization, entity, or person’s behalf and bind them to these Terms of Use (in which case, the references to “you” and “your” in these Terms of Use, except for in this sentence, refer to that organization, entity, or person).

You will only use the Services for your personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We are not responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Freebird);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content;
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services, among other legal and equitable remedies available to Freebird.

What are my rights in Freebird?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Information and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Freebird’s) rights.

You understand that Freebird owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

Do I have to grant any licenses to Freebird or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Information.” In order for certain functionalities of the Services to operate as intended, you grant us certain rights in the User Information. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Information that is also your personally-identifiable information.

For all User Information, you hereby grant Freebird a license to translate, modify and reproduce and otherwise act with respect to such User Information, in each case to enable us to operate the Services, as described in more detail below. If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, “Public User Information”), then you grant Freebird the licenses above, as well as a license to display, perform, exploit and distribute your Public User Information, as well as all other rights necessary to use and exercise all rights in that Public User Information in connection with the Services and/or otherwise in connection with Freebird’s business, for any purpose. Also, you grant all other users of the Services a license to access that Public User Information, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

Finally, you understand and agree that Freebird, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to the User Information to conform and adapt the User Information to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Who is responsible for what I see and do on the Services?

Any information or content transmitted through the Services by you is your sole responsibility, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. In addition, we cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

The Services may contain links, information, data or connections to third party websites or services that are not owned or controlled by Freebird. When you use the Services, you acknowledge and understand that Freebird may need to access third party websites or use third party services for certain functionalities, and you accept that there are risks in doing so, and that Freebird is not responsible for such risks or any inaccuracies in such third party websites or services. Also, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Freebird has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, data, information or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Freebird will not and cannot monitor, verify, or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. 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 agree that Freebird shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between you and a third party regarding the Services or any action you or a third party takes concerning the Services, you agree that Freebird is under no obligation to become involved. In the event that you have a dispute with any such third party, you release and covenant not to sue Freebird, its officers, employees, agents, successors and assigns from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Will Freebird ever change the Services?

We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this is not always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms of Use), in our sole discretion, and without notice.

Does Freebird cost anything?

Certain Freebird Services are currently free, but you acknowledge that if you decide to purchase anything offered for sale by or on behalf of Freebird, such purchase will be governed by additional terms and conditions set forth below, starting at the “Terms of Service” section.

In addition to the terms and conditions that apply to you if you make a purchase using Freebird, you understand and acknowledge that Freebird engages a third-party vendor or service provider to process your online credit card payment. You agree that Freebird is not responsible for the processing of your payment or for any of the information you provide for such payment to be received, or for any events, losses or damages which result from such payments or disclosures of information to Freebird. You further acknowledge and agree that you are authorized to use such credit card and that this credit card information was not unlawfully obtained. You also acknowledge that you are responsible for all charges incurred by those using your account (including charges incurred by error or otherwise) and for all charges you incur in connection with any agreement that you may have with your cellular network service provider and any fees that they may charge, including text messaging, data use or internet access charges.

What if I want to stop using Freebird?

You are free to do that at any time, by contacting us at support@getfreebird.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Freebird is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms of Use. Freebird has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at support@getfreebird.com – we will try to help, but unfortunately, we cannot promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms of Use shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What are the Additional Terms that Apply to Me if I Make a Freebird Purchase?

In addition to the above Terms of Use, the following terms of service (the “Terms of Service”), set out in the subsequent numbered subsections, apply when you purchase anything from Freebird.

1. Access to Freebird Rebooking Services

While Freebird plans to offer a more complete array of products, features, and services in the future, Freebird currently only offers access to Freebird rebooking services (“Rebooking Services”) for non-stop and one-stop commercial airline flights (i.e., flights with no more than one layover or scheduled stop en route to the intended destination). Therefore, if you would like to have Rebooking Services for a trip that has two or more stops between the origin and the intended destination, you must make more than one purchase of Rebooking Services. Each purchase of Rebooking Services will be regarded as stand-alone. For example, if you fly on an itinerary from an origin of New York’s John F. Kennedy International Airport (JFK) to an intended destination of San Francisco International Airport (SFO) with a layover in Chicago’s O’Hare International Airport (ORD), you have a one-stop flight (“Layover Flight”). However, for example, if you fly on an itinerary from an origin of New York’s John F. Kennedy International Airport (JFK) to an intended destination of Los Angeles International Airport (LAX) with a layover in Chicago’s O’Hare International Airport (ORD) and then San Francisco International Airport (SFO), you have a two-stop flight. If you decide to purchase Rebooking Services for the non-stop flight from SFO to LAX separately from the Layover Flight from JFK to SFO through ORD, and your non-stop flight from ORD to SFO is canceled and gives rise to a Qualified Flight Disruption (defined below) and your non-stop flight from SFO to LAX is not affected, Rebooking Services arising from the Qualified Flight Disruption will only be with respect to your flight leg from ORD to SFO and not to your non-stop flight leg from SFO to LAX.

Please note that Freebird reserves the right, in its sole discretion, to offer to sell or sell such Rebooking Services and set prices as it determines. You acknowledge that Freebird is not obligated to sell Rebooking Services for any particular flight and that Rebooking Services may not be available for certain airports, routes, airlines, or flights.

Freebird cannot provide the Services to you if you do not provide Freebird with your phone number connected to an internet-enabled mobile device capable of receiving SMS text messages (e.g., an iPhone) (a “Mobile Device”). You acknowledge that even if Freebird accepts your purchase of Rebooking Services pursuant to these Terms of Service, you may not receive a Freebird Notification (defined below) if you do not accurately provide Freebird with your Mobile Device phone number and that, except in the limited circumstances set forth above, your Freebird Purchase is subject to cancelation by Freebird at any time as a result of your failure to accurately provide Freebird with your Mobile Device phone number.

Freebird is not currently able to provide services to individuals who require a Department of Homeland Security Redress Control Number (also called a TSA Redress Number) to fly. You acknowledge that even if Freebird accepts your purchase of Rebooking Services pursuant to these Terms of Service, you may not be able to use a New Ticket after a Qualified Flight Disruption due to various limitations, including, but not limited to, the failure to submit a TSA Redress Number.

2. Purchasing Rebooking Services

By clicking on “Purchase” (or other such similar wording as we may subsequently use) or otherwise confirming a purchase through the Services, you are placing an order to purchase Rebooking Services through the Freebird website (“Order”). Please check your personal information and selections carefully before clicking “Purchase”. Note that any failure by you to completely and accurately provide the information that Freebird requests may result in the failure of critically important functionalities of the Freebird Services. You agree that Freebird shall be held harmless from anything that results from your failure or error to supply complete and accurate information to Freebird, including without limitation, your ability to receive alerts of a Qualified Flight Disruption (e.g., if you do not accurately provide Freebird with your Mobile Device phone number), your ability to use Rebooking Services after a Qualified Flight Disruption, and your ability to use a New Ticket.

3. Acceptance of Your Order

All Orders are subject to acceptance by us. Once your order has been accepted by us, our payment processor will charge your debit/credit card for the value of the Rebooking Services, plus any applicable fees and taxes. Acceptance of your Order shall be deemed to have occurred, and a contract formed for the purchase of Rebooking Services, when Freebird is notified by our third party payment processor that your payment has been cleared (a “Freebird Purchase”). All Freebird Purchases are final, non-refundable, non-creditable and non-transferable. Freebird only allows one Freebird Purchase per traveler per non-stop flight. Freebird reserves the right to not honor duplicate Freebird Purchases for such travelers and not issue a refund for any such duplicate purchases. If you do not receive a confirmation after attempting to purchase tickets on the website, or if you experience an error message or service interruption while attempting to purchase tickets, please check with us to confirm that your order has been placed by emailing support@getfreebird.com. We recommend that you print the confirmation page for your records.

4. Errors

In the event that we convey to you an incorrect cost of Rebooking Services (“Pricing Error”), we reserve the right to cancel your Freebird Purchase and refund you the full price you paid for such Rebooking Services, provided we do so prior to a Qualified Flight Disruption for such Rebooking Services and within twenty-four (24) hours of Freebird’s discovery of such pricing error.

In the event that you make a Freebird Purchase but do not provide Freebird with your Mobile Device phone number (“Device Error”), we reserve the right to cancel your Freebird Purchase and refund you the full price you paid for such Rebooking Services, even if such cancelation occurs after a Qualified Flight Disruption for such Rebooking Services. A Pricing Error and a Device Error may be hereinafter referred to individually, or jointly, as an “Error”.

5. Qualified Flight Disruptions

A “Qualified Flight Disruption” occurs if Freebird receives notification from one of its third party data service providers that (a) your flight has been canceled, (b) your flight’s expected departure time has been delayed for at least four (4) hours unless otherwise specified by Freebird prior to your placement of an Order and set forth on the confirmation page of the applicable Freebird Purchase , or (c) the arrival time of the first leg of your Layover Flight does not afford you the greater of (i) more than twenty (20) minutes from the expected departure time of the second leg of your Layover Flight, or (ii) such period of time as reasonably determined by Freebird’s then-current proprietary methodology (“Missed Connection”). Freebird’s current third party data service provider measures the duration of a flight delay by the difference in the original scheduled departure time and the new expected departure time (or difference in original scheduled runway departure time and the new estimated runway departure time if certain data is not available). Freebird may determine arrival and departure times using data that differs from times published by the airline and/or various third parties and in each case, Freebird’s determination of whether a Qualified Flight Disruption has occurred is final. A Qualified Flight Disruption does not include disruptions not listed in the above definition and specifically excludes, without limitation, denied boarding (whether voluntary or involuntary) and missed flights for any reason other than a Missed Connection.

Freebird will attempt to notify you of a Qualified Flight Disruption using the contact information that you provided to Freebird when you made an Order and/or created a Freebird User ID, as applicable (“Freebird Notification”). Freebird will attempt to provide you with the Freebird Notification by either SMS text message to your Mobile Device, app notification (if applicable) or email, at its discretion. Freebird accepts no responsibility if you delete, lose, or otherwise cannot access or receive the Freebird Notification for any reason (including, without limitation, due to issues with your Mobile Device, internet, cellular or other communications connectivity or charging or low battery), or if you are unable to see or understand the communication for any reason.

Upon receipt of the Freebird Notification, subject to these Terms of Service, you are entitled to select either (I) any flight made available for selection via the Services with the same origin airport of the flight leg that experienced the Qualified Flight Disruption (or in some cases, a Nearby Airport, as defined below, of such airport) and the same intended destination airport of the flight(s) for which the Rebooking Services were purchased (or in some cases, a Nearby Airport of such destination) (a “New Ticket”), or (II) if you are not satisfied with the ability to book a New Ticket, the ability to select to receive a one hundred dollar ($100) gift card from Freebird, but not both (I) and (II); provided that within twenty-four (24) hours of Freebird initiating a Qualified Flight Disruption for you, for (I) you select “Book Flight” (or other such similar wording as we may subsequently use) and confirm your selection via the Freebird website and/or app, or for (II) you notify Freebird at support@freebird.com. If you elect to receive (I), a New Ticket, you acknowledge that (a) such election is subject to published availability at the approximate time of your search and at the time of Freebird’s attempt to secure such selection by (i) participating airlines, (ii) our third party service providers, and (iii) limitations of the Freebird technology; (b) your New Ticket may be purchased via a third party service provider (e.g., travel agent, airline website); (c) if you experience more than one (1) Qualified Flight Disruption on either your original or your New Ticket flight, or if you miss your New Ticket flight for any reason (e.g., a missed connection or any other transportation issue), you are not entitled to any additional services from Freebird; (d) flights and availability are subject to change for reasons outside of Freebird’s control; (e) once a selection for a New Ticket has been submitted to Freebird, we may not be able to change or alter your selection; (f) Freebird is not responsible for ensuring future flight legs are honored by the airline that issued your original ticket (for example, airlines may choose to cancel all subsequent legs of a trip if the traveler does not fly one of the prior legs); (g) additional fees may apply (such as baggage and ticketing fees) and Freebird is not responsible for any additional costs or fees imposed on you by an airline, your Mobile Device cellular network service provider (e.g., internet access or SMS text message usage charges) or other third party; (h) Freebird has no responsibility with respect to any of your luggage or other personal effects, or any impact or consequence of you taking advantage of the Freebird Services or electing to receive a New Ticket; and (i) you are solely responsible for checking-in to your new flight, complying with all TSA regulations, obtaining a boarding pass, boarding such new flight, and complying with all time limits imposed by the airline in connection with all of the foregoing. If you elect to receive (II), a one hundred dollar ($100) gift card, you acknowledge that such gift card will be provided by a third party service provider of Freebird’s choice and will be delivered to you via the phone number or email address provided by you when you purchased Rebooking Services from Freebird. If you select both (I) and (II), Freebird may choose at its sole discretion which selection to honor.

For questions on TSA compliance, please refer to the official US Department of Homeland Security Transportation Security Administration (“TSA”) website (http://www.tsa.gov).

Keep in mind that in many cases, the flight route of New Tickets may be different from your original itinerary. For example, if you were originally booked to fly from New York to San Francisco with a connection in Chicago, your New Ticket may depart from New York and arrive in San Francisco without any connection or with a connection in a different connecting city. In addition, Freebird may (but is not required to) offer alternative flight routes for selection that depart from or arrive at airports other than your originally ticketed origin or destination (as applicable) if those other airports are located in the vicinity of or in the same general area as such origin or destination (“Nearby Airports”). Check flight details carefully before making your selection, as Freebird is not responsible for any ground transportation or other costs associated with your arrival into or departure from Nearby Airports or for any delays you may experience when traveling from one departing airport to a Nearby Airport.

Whether or not you exercise your option pursuant to the terms of the foregoing paragraph to receive either a (I) New Ticket or (II) a one hundred dollar ($100) gift card, you may retain certain rights in or to your original ticket (for example, from the issuing airline or your travel agent). Your original ticket may result in the issuing airline automatically rebooking you on another flight, or offering to provide you with compensation or other remuneration, such as a refund or credit. Accordingly, you may be entitled to seek such assistance or consideration from such parties in connection with your original ticket, but you acknowledge that you do so at your sole discretion and liability. You may also decide to keep your original ticket as a “back up” option, but please note that Freebird makes no representation as to the success or viability of any outcome related thereto.

6. New Tickets

If you elect to receive a New Ticket after providing proper notice to Freebird of a Qualified Flight Disruption, subject to the terms and conditions of these Terms of Service, confirmation of a New Ticket will be delivered to you electronically via the email address or phone number provided by you when you purchased Rebooking Services from Freebird.

By clicking on “Book Flight” (or other such similar wording as we may subsequently use) or otherwise confirming your election in written form to receive a New Ticket, you are confirming your election to receive a New Ticket. Please check your personal information and selections carefully before confirming your selection. Note that any failure by you to completely and accurately provide the information that Freebird requests may result in the failure of critically important functionalities of the Freebird Services. You agree that Freebird shall be held harmless from anything that results from your failure or error to supply complete and accurate information to Freebird, including without limitation, your ability to receive alerts of a Qualified Flight Disruption (e.g., if you do not accurately provide Freebird with your Mobile Device phone number), your ability to use Rebooking Services after a Qualified Flight Disruption, and your ability to use a New Ticket.

Please note that we reserve the right to make the confirmation of a New Ticket available to you in any reasonable format (for example, by SMS text message of an applicable confirmation code). Your receipt of an electronic confirmation from Freebird may not constitute all that is required for you to board a flight, and it is solely your responsibility to take all steps necessary (e.g., complete check-in for your new flight, obtain a boarding pass, arrive at the gate in sufficient time, comply with all TSA regulations) to use your New Ticket. You also acknowledge that despite your receipt of an electronic confirmation from Freebird, the relevant airline may need a period of time (sometimes an hour or more) to process and issue your ticket.

If Freebird is unable to purchase the New Ticket selected by you for any reason, you acknowledge that Freebird may choose to contact you, using any of the forms of contact information you provided to Freebird in either creating your Freebird User ID or when you made an Order, to discuss alternative options available to you and Freebird in accordance with the terms of this Terms of Service.

The New Ticket is your responsibility from the time Freebird transmits the confirmation of the New Ticket, which may be before your receipt of the electronic confirmation of the New Ticket. Freebird accepts no responsibility if you cannot access the confirmation, delete your confirmation email or other correspondence or if your printed email confirmation or other correspondence is lost or stolen. If a replacement ticket is, at our sole discretion, subsequently offered by us, we reserve the right to charge you a reasonable replacement fee to cover costs.

It is your responsibility to check that your New Ticket has been delivered to you, and check for any errors or omissions. Please report any issues to us as soon as possible. A failure to report a problem with your New Ticket reasonably promptly and in any case in good time prior to the scheduled departure time thereof may result in you not being able to use the New Ticket (even if the error or omission was initially our fault).

You acknowledge that your use of a New Ticket is subject to additional terms and conditions as imposed by the applicable airline, which may include terms that restrict your ability to resell or transfer a New Ticket. Please be aware that Freebird is not liable for any additional terms and conditions imposed by any third party, including the commercial airline, with respect to your use of the New Ticket.

7. Freebird Purchase Cancelations and Refunds

Once we have accepted your Freebird Purchase you will not have a right to cancel your Freebird Purchase or obtain a refund except in accordance with this section.

You are entitled to a refund of the greater of one hundred dollars ($100) or three times the price paid by you to Freebird for the Freebird Purchase if you (a) do not receive the correct tickets due to a fault or breach of contract by us and we are not able to provide any replacement tickets, or (b) if Freebird elects to cancel or terminate your Freebird Purchase for any reason either before or after the existence or notification of a Qualified Flight Disruption, except in the event of an Error, in which case you are only entitled to receive a refund as set forth above in the paragraph entitled “Errors”. You acknowledge and agree that Freebird reserves the right to cancel or terminate your Freebird Purchase for any reason or no reason at all, with or without advance notice.

What else do I need to know?

Warranty Disclaimer. Neither Freebird nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Freebird or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, REBOOKING SERVICES AND CONTENT ARE PROVIDED BY FREEBIRD (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS, AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO REPRESENTATIVE OF FREEBIRD IS AUTHORIZED MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS WARRANTY IN ANY WAY EXCEPT IN A WRITTEN AMENDMENT OF THESE TERMS OF USE SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF FREEBIRD.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FREEBIRD (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THREE TIMES THE AMOUNTS PAID BY YOU TO FREEBIRD IN CONNECTION WITH THE SERVICES OF THE APPLICABLE FREEBIRD PURCHASE (WITHOUT LIMITING ANY AMOUNTS PAID OR PAYABLE TO YOU IN CONNECTION WITH THE REQUESTED REBOOKING SERVICES OF A QUALIFIED FLIGHT DISRUPTION THAT IS CANCELED BY FREEBIRD), OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. LIABILITY FOR EXPENSES INCURRED IN CONNECTION WITH YOUR TRIP (INCLUDING, WITHOUT LIMITATION, ACCOMMODATION OR TRANSPORT COSTS) AND ANY LOSS OF ENJOYMENT IS EXPRESSLY EXCLUDED. ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS MADE BY OUR THIRD PARTY SERVICE PROVIDERS IS EXPRESSLY EXCLUDED. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS INCIDENTAL TO THE EVENT FOR WHICH A NEW TICKET IS ISSUED, WHETHER BEFORE, DURING OR AFTER, AND YOU WAIVE ANY CLAIMS FOR PERSONAL INJURY OR DEATH AGAINST FREEBIRD, ITS MANAGEMENT, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES OR AGENTS ON BEHALF OF YOURSELF AND ANY ACCOMPANYING INDIVIDUAL. FREEBIRD ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE OF PERSONAL PROPERTY IN CONNECTION WITH YOUR USE OF THE FREEBIRD SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Freebird, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms of Use. In the event of such a claim, suit, or action (“Indemnified Claim”), we will attempt to provide notice of the Indemnified Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your Services account, or any Rebooking Services that you purchase, in any way (by operation of law or otherwise) without Freebird’s prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms of Use are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Suffolk County, Massachusetts, or the United States District Court for the District of Massachusetts. Any arbitration under these Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FREEBIRD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You and Freebird agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and Freebird, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. You hereby acknowledge and agree that by using the Services, you do not create or otherwise establish an employee, agent, partner, or joint venture relationship with Freebird, and you do not have any authority of any kind to bind Freebird in any respect whatsoever.