Terms of Use

(Effective as of July 29, 2025)

Thank you for using the Airfarewatchdog.com website, mobile property(ies), and/or related applications or services (collectively, the “Site” or “Airfarewatchdog”), which are provided by Smarter Travel Media LLC, its parent company, and/or their affiliates (collectively, “SmarterTravel”).

As used below, the terms “we,” “us,” and “our” refer to SmarterTravel. The term “you” refers to anyone using the Site in any way (such as by visiting or browsing Airfarewatchdog, registering for a subscription or account, contributing content to the Site, and/or viewing Airfarewatchdog emails or other communications).

The Site is offered and made available to you on the condition that you accept without modification all of the terms, conditions, and notices set forth below (collectively, the “Terms of Use”). By accessing or using the Site in any manner, you agree to be bound by the Terms of Use. Please read them carefully, as they contain information concerning your legal rights – and limitations on those rights – as well as our no-refund policy and provisions regarding the governing law and the jurisdiction and venue in which any disputes you may have with us must be resolved. If you do not accept all of these terms, conditions, and notices (or if you are under 18 years of age or otherwise lack the capacity to agree to be legally bound by the Terms of Use), please do not use the Site.

We reserve the right at any time, in our sole discretion, to update or otherwise amend these Terms of Use without prior notice, and your continued access or use of the Site will signify your acceptance and understanding of such updates and amendments. We will note the effective date of each version of the Terms of Use (as we have done so above), and any revisions will take effect upon posting. We will attempt to notify each of our registered members of material changes to the Terms of Use either by sending a notice to the member email address provided to us at registration or by placing a notice on the Site. Be sure to return to this page periodically to review the most current version of the Terms of Use.

USE OF THE SITE

As a condition of your use of the Site, you warrant that (a) all information supplied by you on or through the Site is true, accurate, current and complete, (b) if you have an Airfarewatchdog account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than yourself, and (iii) if you intend to register for an account and/or contribute to our Site, you are at least 18 years of age or older. SmarterTravel does not knowingly collect the information of anyone under the age of 13. We retain the right, in our sole discretion, to deny any person access to the Site and/or to the services we offer, at any time and for any reason, including but not limited to in the event of any violation of these Terms of Use. We also reserve the right, without prior notice, to modify or withdraw the Site and/or any of our services, and we will not be liable if Airfarewatchdog becomes unavailable for any reason or period of time.

Please be aware that, although Airfarewatchdog is intended to allow for mobile browsing and accessibility, your device and/or carrier may have limitations or restrictions that impair your experience of the Site’s functionality. In addition, your service provider may impose cellular data fees and/or other charges when you use the Site on your mobile device. You are solely responsible for any and all such charges.

USE OF OUR MATERIALS

The Site, Airfarewatchdog content, and any other SmarterTravel publications offered or made available through the Site (collectively, “Publications”) are for your personal and non-commercial use only. As a condition of your use of the Site and/or the Publications, you warrant to us that you will not use it or them for any purpose that is unlawful or prohibited by these Terms of Use.

The contents of the Site and the Publications are Copyright © 2024 SmarterTravel and/or its suppliers. You may not reproduce, copy or redistribute any of the following, without our express written permission: the design, content or layout of the Site or the Publications; individual elements of the Site’s or the Publications’ design(s); Airfarewatchdog logos or other logos or graphics appearing on the Site or in the Publications; or photographs appearing on the Site or in the Publications (collectively, our “Materials”). Airfarewatchdog and the names of any Airfarewatchdog products and/or services referenced herein are trademarks or registered trademarks of SmarterTravel. All other company, product or service names referenced in the Site are used for identification purposes only and may be trademarks or service marks of their respective owners.

If you would like to request permission to use any of our Materials other than for your personal and non-commercial use, email us at [email protected]. Even if such permission is granted to you, it will automatically terminate upon your violation of any of these Terms of Use, in which case you must immediately cease using our Materials and destroy any and all copies you have made of them.

PAYMENTS AND NO-REFUND POLICY

From time to time, Airfarewatchdog may invite or allow users to sign up for accounts and/or subscriptions – some free and others requiring payment. If you register for a paid subscription or otherwise purchase anything on or through the Site, you agree to pay the applicable fees and any taxes associated with them. Failure to make such payments could result in the cancellation of your subscription or other transaction. If Airfarewatchdog offers and you accept a free trial, and you do not cancel before the end of its stated term, it will automatically convert to a regular paid subscription. In that event, we would charge you for the applicable fees, according to the schedule selected or agreed to at the time of your registration. We will have no obligation to remind you when the expiration of any free trial is approaching or when your account is scheduled to be charged post-conversion.

No Refunds: Please note that we will not be under any obligation to issue refunds, either in whole or in part, for any payments you make to us for subscriptions you register for or purchases you make on or through the Site. Nor will we be required to issue a prorated refund on any unused portion of any paid subscription you choose to cancel. Similarly, if you make a booking, reservation or purchase with any third-party supplier mentioned on Airfarewatchdog, please be aware that you will not be entitled to receive a refund from us or at our expense. This no-refund policy applies even if you are dissatisfied with the supplier’s property(ies), products or services for any reason, or if circumstances somehow prevent you from experiencing them fully (or at all). If a user pays for any non-refundable transaction through a credit card or other third-party payment processor, and then later attempts to dispute or otherwise reverse any payment(s) made directly or indirectly to us, we will contest any such charge-back(s) and make the payment processor aware of this conspicuous no-refund policy.

If you believe that duplicate charges have been made to your account, or if you have other billing questions, please email us at [email protected] before disputing or attempting to reverse any third-party payment(s) to us.

PROHIBITED ACTIVITIES

The content and information on the Site (including but not limited to messages, data, text, music, sound, photographs, graphics, videos, maps, icons, software, code and/or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Site. Additionally, you agree not to:

  • (i) use the Site or its contents for any commercial purpose;
  • access, monitor or copy any content or information on the Site (whether by robot, spider, scraper or other automated means, or by any manual process) for any purpose without our express written permission;
  • (iii) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (v) deep-link to any portion of the Site for any purpose without our express written permission;
  • (vi) “frame,” “mirror,” or otherwise incorporate any part of the Site into any other website without our prior written authorization; or
  • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse-engineer any software programs used by SmarterTravel in connection with the Site.

PRIVACY POLICY

SmarterTravel believes in protecting your privacy. To understand our practices, please go to https://www.smartertravel.com/privacy-policy/ to review our current Privacy Policy, which applies to your use of Airfarewatchdog and any information you provide on or through the Site.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

The Site may contain discussion forums, bulletin boards, review services, and/or similar areas (collectively, “Interactive Areas”) in which you, fellow users, and/or other third parties may post reviews of travel experiences and/or other content, including messages and comments. If and when Airfarewatchdog provides access to such Interactive Areas, you are solely responsible for your use of them, which is at your own risk. By accessing or otherwise using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
  1. Any messages, data, text, music, sound, photographs, graphics, videos, code or other materials (collectively, “Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law, including without limitation the regulations of the United States Securities and Exchange Commission (“SEC”) or any rules of a securities exchange such as the New York Stock Exchange (“NYSE”) or the NASDAQ;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Airfarewatchdog and/or its affiliate or parent companies;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  6. Private information of any third party(ies), including without limitation surnames, addresses, telephone numbers, email addresses, Social Security numbers, or credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive, or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  9. Content or any link to Content that, in the sole judgment of SmarterTravel, (a) violates any of the foregoing restrictions, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) may expose SmarterTravel or its users to any harm or liability of any type.
SmarterTravel takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto (or arising therefrom), nor is SmarterTravel liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on the Site. As a provider of interactive services, SmarterTravel is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page, or other Interactive Area(s). Although SmarterTravel has no obligation to screen, edit, or monitor any of the Content posted to or distributed through any Interactive Area(s) on Airfarewatchdog, it reserves the right, and has absolute discretion, to remove, screen, or edit without notice any Content posted or stored on the Site at any time and for any reason. You acknowledge that any exercise of that right by us is not intended to recommend or promote any particular user Content (or compilation thereof), and should not be construed as expressive activity on our part. You are solely responsible, at your own cost and expense, for creating backup copies of and replacing any Content you choose to post on or upload to the Site. To the extent retained on Airfarewatchdog, we reserve the right at all times to disclose any and all such information as necessary to satisfy any applicable law, regulation, legal process, or valid governmental request.

If it is determined that you retain moral rights (including rights of attribution or integrity) in any Content posted, stored, or uploaded by you on the Site, you hereby declare that (a) you do not require that any personally identifying information be used in connection with such Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of such Content by SmarterTravel or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content so posted, stored, or uploaded by you; and (d) you forever release SmarterTravel and its licensees, successors, and assigns, from any claims that you could otherwise assert against it or them by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing restrictions violates these Terms of Use and may result in, among other things, termination or suspension of your access to the Interactive Areas and/or the Site. In order to (a) cooperate with legitimate governmental requests, third-party subpoenas, or court orders, (b) protect Airfarewatchdog’s systems and users, and/or (c) ensure the integrity and operation of its business(es) and systems, SmarterTravel may access and disclose any information it considers necessary or appropriate, including without limitation user profile information (e.g., names, email addresses, etc.), IP addressing and traffic information, usage history, and posted or uploaded Content, notwithstanding any contrary interpretation(s) of our Privacy Policy.

INTERNATIONAL TRAVEL DESTINATIONS

When you book international travel reservations with third-party suppliers or plan international trips based in whole or part on your use of the Site, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. SmarterTravel accepts no liability with respect to any traveler who is refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including any country the traveler may be passing through en route to the traveler’s final destination.

It is also your responsibility to consult with a physician of your choosing for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. SmarterTravel urges passengers to investigate and review travel prohibitions, warnings, announcements, and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found online at websites such as www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.

BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS ON THE SITE, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

CURRENCY CONVERSION

If and when the Site refers to currency conversion or exchange rates, such references are based on various publicly available sources and should be used as guidelines only. Such rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by the Site is believed to be accurate, but SmarterTravel does not warrant or guarantee such accuracy. When you intend to use such information for any financial purpose, we advise you to consult with a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of currency information on the Site for any purpose other than your personal use, and you are expressly prohibited from reselling, redistributing, and/or using any such information for commercial purposes.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS OUR LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION (OR ELSEWHERE IN THESE TERMS OF USE), PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE MAY CONTAIN ERRORS OR OTHER INACCURACIES. SMARTERTRAVEL DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION REGARDING THE HOTEL, AIRLINE, CRUISE, CAR RENTAL, AND ANY OTHER TRAVEL PRODUCTS OR SERVICES DISPLAYED ON THE SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, FLIGHT DETAILS, AND PRODUCT OR SERVICE DESCRIPTIONS). IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR SITE, AND OUR SUPPLIERS MAY DO THE SAME WITH RESPECT TO ANY PENDING RESERVATIONS MADE WITH OR THROUGH THEM WITH INCORRECT PRICING.

SMARTERTRAVEL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SMARTERTRAVEL DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SITE, ITS SERVERS, OR ANY EMAILS SENT BY OR FOR US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE THIRD-PARTY SUPPLIERS PROVIDING TRAVEL-RELATED PRODUCTS OR OTHER SERVICES ON OR THROUGH THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SMARTERTRAVEL. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SMARTERTRAVEL HAS NO LIABILITY FOR AND WILL MAKE NO REFUND(S) IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL SMARTERTRAVEL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SITE, OR WITH ANY DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SITE (INCLUDING BUT NOT LIMITED TO ANY RELIANCE BY YOU UPON OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY, OF OR USE OF THE SITE), WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE ADVISED OR BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If SmarterTravel is found liable for any loss or damage that arises out of or is in any way connected with your use of the Site, then in no event will our liabilities exceed, in the aggregate, the greater of (a) the transaction fees (if any) paid to us for the transaction(s) giving rise to the claim(s), or (b) One Hundred Dollars and Zero Cents ($100.00).

These limitations of liability reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of SmarterTravel and its/their successors and assigns.

INDEMNIFICATION

You agree to defend and indemnify SmarterTravel (and any of its/their officers, directors, employees and agents) from and against any third-party claims, causes of action, demands, recoveries, losses, damages, fines, penalties, and other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, resulting from:
  • (i) your breach of these Terms of Use or the documents referenced herein;
  • (ii) your violation of any law or the rights of a third party; or
  • (iii) your use (or misuse) of the Site.

THIRD-PARTY OFFERS AND SITES

Airfarewatchdog is a travel information platform. We do not sell travel products or services. We provide you with information about third-party travel suppliers’ offers, and we may link you to suppliers’ sites. At the time we publish such information, it is believed to be valid. However, we have no control over the suppliers and therefore cannot warrant or guarantee that their offers will not change or become unavailable. Nor are we responsible for their products, services, or website content. Please see suppliers’ sites for their most up-to-date offer information and all applicable terms and conditions.

Our Site may contain hyperlinks to certain websites operated by suppliers or other third parties. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or their privacy or other practices. Further, it is up to you to take precautions to ensure that whatever software you download or links you click on (whether from our Site or on any other websites) are free of harmful items such as viruses, worms, trojan horses, and other malware. Our inclusion on the Site of hyperlinks to third-party websites does not imply any endorsement by us of the material on those websites or any association between us and their owners or operators. In some cases you may be asked by a third-party website to link your profile (if any) on Airfarewatchdog to a profile on another third-party site. Choosing to do so is purely optional on your part, and the decision to allow such information to be linked can be disabled (with the third-party site) at any time.

SOFTWARE AVAILABLE ON THIS WEBSITE

Unless otherwise specified, the materials on Airfarewatchdog are presented solely to provide information regarding and to promote our services, websites, partners, and other products and services available in the United States, its territories, possessions and protectorates (collectively, the “U.S.”). The Site is controlled and operated by SmarterTravel from its offices in the Commonwealth of Massachusetts in the U.S. We make no representation that any and all materials on the Site are appropriate or available for use outside the U.S. Those who choose to access Airfarewatchdog from outside the U.S. do so on their own initiative, are responsible for compliance with all local laws applicable there, and consent to the potential transfer of data (including personal registration information) across international borders. Software from the Site is further subject to U.S. export regulations and controls. As such, no software from Airfarewatchdog may be downloaded or otherwise exported or re-exported to any countries or parties that are restricted by the U.S. Departments of Commerce, State and/or Treasury (see https://www.trade.gov/consolidated-screening-list). By using the Site, you represent and warrant that you are neither located in or a national or resident of any such country, nor under the control of any such country or party.

Any software that is made available for download from the Site (“Software”) and is not identified as third-party software is the copyrighted work of SmarterTravel. Your use of such Software is governed by the terms of any end user license agreement (“License Agreement”) which accompanies or is included with it. You may not install or use any Software unless you first agree to the terms of the corresponding License Agreement. For any Software that is not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Site in accordance with these Terms of Use and for no other purpose.

Please note that all Software, including without limitation all HTML, XML, Java code and Active X controls contained on the Site, is owned by (or licensed to) SmarterTravel and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE CORRESPONDING LICENSE AGREEMENT(S).

COPYRIGHT AND TRADEMARK NOTICES

The Site and its content are: ©2020-2024 Airfarewatchdog. All rights reserved. SmarterTravel is not responsible for content on websites operated by third parties. AIRFAREWATCHDOG, the dog logo, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of SmarterTravel and/or its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SmarterTravel or the applicable trademark holder. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) may not be copied, imitated, or used, in whole or in part, without the prior written permission of SmarterTravel, which holds rights to the service mark, trademark and/or trade dress of Airfarewatchdog. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. References to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply endorsement, sponsorship or recommendation thereof by Airfarewatchdog.

NOTICES OF POTENTIAL INFRINGEMENT

The procedure outlined below is exclusively for notifying us of your belief that your copyrighted material is being used without permission on Airfarewatchdog. If you believe in good faith that materials hosted on the Site infringe your copyright, please provide the following written information in this order (including section numbers):
  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
  3. Your contact information (preferably including an email address and telephone number) so that we can reply to your notice.
  4. The following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. The following declaration: “I swear, under penalty of perjury, that the information in this notice is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
  6. The signature (or other attestation) of either the owner of the exclusive right that is allegedly infringed, or a person authorized to act on behalf of that owner.

Notices of potential copyright infringement on the Site should be sent to our Copyright Agent, either by email at [email protected], or by U.S. mail, postage prepaid, addressed to SmarterTravel, Attn: Copyright Agent, One Kendall Square, Suite B2201, Cambridge, MA 02139-1571. Our Copyright Agent is only authorized to receive and respond to correctly addressed notices containing the information requested above, and is not our registered agent for service of legal process or any other purpose.

Under the Digital Millennium Copyright Act (17 U.S.C. § 512), any parties who knowingly materially misrepresent that anything on Airfarewatchdog is infringing their copyrights may be held liable for damages, attorneys’ fees and costs. The same is true for any parties who knowingly materially misrepresent that anything on the Site was removed or disabled by mistake or misidentification.

REPEAT INFRINGER POLICY

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances, the subscriptions or accounts of any Airfarewatchdog users who are deemed to be repeat infringers. In our sole discretion, we may also limit access to the Site by any users who infringe the intellectual property rights of others, whether or not on a repeated basis.

GENERAL

The Site is operated by one or more U.S. entities (each and all of which are referred to herein as “SmarterTravel”), and these Terms of Use shall be governed by the internal laws of the Commonwealth of Massachusetts, where we are headquartered, and applicable federal law. In the event of any legal dispute with us arising out of or relating to Airfarewatchdog and/or your use of the Site (a “Dispute”), you hereby consent to the exclusive jurisdiction and venue of the federal and/or state courts sitting in Boston, Massachusetts, and stipulate to the fairness and convenience of proceedings in such courts. To the extent allowed by applicable law, you agree that you will bring all claims or causes of action based on any such dispute with us within two (2) years from the date on which they first accrued, after which time the claims or causes of action will be barred. Use of the Site is unauthorized in any jurisdiction that would not give effect to all provisions of these Terms of Use, including without limitation the choice-of-law, forum-selection, and limitations provisions contained in this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and SmarterTravel by virtue of these Terms of Use or your use of the Site.

Nothing contained in these Terms of Use limits our right (or obligation) to comply with any applicable law, regulation, legal process, or valid governmental request for information related to your use of the Site, including any data provided to or gathered by us with respect to such use (including identifying information).

No waiver by us of any term, condition or notice set forth in these Terms of Use shall be deemed continuing, nor shall it be deemed a waiver of any other term, condition or notice. Any failure by us to assert a right or to exercise discretion in a particular instance shall not waive our right(s) to do so in other instances.

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law, then such part shall be deemed superseded and replaced by a valid and enforceable provision that most closely matches the intent of the original provision, and all other parts of the Terms of Use shall continue in full force and effect.

These Terms of Use constitute the entire agreement between you and SmarterTravel with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SmarterTravel with respect to Airfarewatchdog. In any judicial or administrative proceeding in which some or all of them become relevant, a printed version of these Terms of Use (and any related notice given in electronic form) shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of people, companies, products, or events mentioned on the Site are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

HOW TO REACH US

Site-related correspondence (other than notices of potential infringement) can be mailed to us addressed as follows:

Airfarewatchdog, c/o SmarterTravel
One Kendall Square, Suite B2210
Cambridge, MA 02139-1571