September 13, 2016

Terms and Conditions

Effective as of January 15, 2017

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing, the FindOptimal website and mobile or tablet application (collectively “Our Website”), you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, “we”, “us”, “our” or “FINDOPTIMAL” refers to FindOptimal, LLC., and “you” or “your” refers to you as the user of Our Website.

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.

We do not sell Travel Products

Our Website is a travel search engine. FINDOPTIMAL does not provide, own or control any of the travel services and products that you can access through Our Website, such as hotels, flights, or rental cars (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g. hotel operator) or as an agent (e.g. online travel agency). The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to, and understand those terms. Further, the terms of the actual travel provider (hotel operator, airline, car rental company, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through Our Website is at your own risk and FINDOPTIMAL does not have any responsibility should anything go wrong with your booking or during your travel.

The display on Our Website of a Travel Product or Travel Provider does not in any way imply, suggest, or constitute a recommendation by FINDOPTIMAL of that Travel Product or Travel Provider.

FINDOPTIMAL hosts content, including prices, made available by or obtained from Travel Providers. FINDOPTIMAL is in no way responsible for the accuracy, timeliness or completeness of such content. Since FINDOPTIMAL has no control over the Travel Products and does not verify the content uploaded by the Travel Providers, it is not possible for us to guarantee the prices displayed on Our Website. Prices change constantly and additional charges (e.g. payment fees, services charges, checked-in luggage fees, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. Some Travel Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s currency rate.

Booking through FINDOPTIMAL

If you make a booking through Our Website for Travel Products, that booking is made with the Travel Provider named on the booking page and Our Website only acts as a user interface. Accordingly FINDOPTIMAL has no responsibility for the booking or the Travel Product because FINDOPTIMAL has no involvement in creating the description of the Travel Product, in defining the price and any fees, and in providing the Travel Products that you book. If you have any issues or disputes around your booking and/or the Travel Product, you agree to address and resolve these with the Travel Provider and not with us.

Intellectual Property

We, the Travel Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Website. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-FINDOPTIMAL product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.

Use of Our Website

You may only use and register to become a user of Our Website, if you are of sufficient legal age and can enter into binding contracts. If you become a registered user directly or via Facebook or Google, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your records. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected.

If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.

You may only use Our Website to search for legitimate travel deals and you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

In addition, you agree not to do any of the following without prior express written permission of FINDOPTIMAL:

  1. access the site with any manual or automated process for any purpose other than your personal use or for inclusion of FINDOPTIMAL pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
  2. violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
  3. deep-link to any portion of Our Website for any purpose;
  4. use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
  5. reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
  6. use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
  7. post or distribute any material on Our Website that violates the rights of any third party or applicable law;
  8. use Our Website to collect or store personal data about others;
  9. use Our Website for any commercial purpose unless we’ve given you written permission;
  10. transmit any ad or promo materials on Our Website; or

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website.

Links

Our Website may contain links to other websites that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them.

You are granted a limited, nonexclusive right to create a “hypertext” link to Our Website provided that such link does not portray FINDOPTIMAL or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any FINDOPTIMAL trademark, logo or trade name or other proprietary information including the data created by us (e.g. Safety Index), the content of any text or the layout/design of any page or any form contained on a page without the express written consent of us.

Your Feedback

We encourage you to share your comments and questions with us here, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future FINDOPTIMAL products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of FINDOPTIMAL. Further, by submitting Feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.

Liability Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FINDOPTIMAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. FINDOPTIMAL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE INFORMATION, SOFTWARE, AND SERVICES ON THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, FINDOPTIMAL AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF HOTEL, AIRLINE, AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEB SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND FINDOPTIMAL AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. FINDOPTIMAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME. FINDOPTIMAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCT, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCT OR SERVICE ON THIS WEB SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FINDOPTIMAL. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. FINDOPTIMAL, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. FINDOPTIMAL SUPPLIERS, INCLUDING WITHOUT LIMITATION AIRLINES, HOTELS, TRAVEL AGENCIES, AND TOUR OPERATORS, PROVIDING TRAVEL OR OTHER SERVICES FOR OR THROUGH FINDOPTIMAL ARE NOT AGENTS OR EMPLOYEES OF FINDOPTIMAL. FINDOPTIMAL MAKES NO WARRANTIES OR GUARANTEES WITH REGARD TO THE SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. FINDOPTIMAL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FINDOPTIMAL HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL FINDOPTIMAL AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF FINDOPTIMAL (OR ITS AGENTS OR SUPPLIERS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS EARNED BY FINDOPTIMAL FOR THE PRODUCT OR SERVICE GIVING RISE TO SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold FINDOPTIMAL harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) by third parties arising out of content you submit, post, transmit, or make available through FINDOPTIMAL, your use of the Service, (iii) any third party arising out of your use of the Service or the use of the Service by any person using your account and/or password, or (iv) by third parties arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.

Applicable Law

To the extent permitted by law, the laws of the Commonwealth of Virginia (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website or these Terms, or our services, you agree to file such action only in the Circuit Court of Fairfax County, Virginia, or the United States District Court for the Eastern District of Virginia. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action.

 

Our Website is operated by:

FINDOPTIMAL, LLC.
8409 Lee Highway, Unit 2481
Merrifield, VA 22116, USA

 

Last updated: January 15, 2017