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THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE "MEMBER") AND THE
Louisville International Airport AND ITS VENDORS AND
SUBCONTRACTORS. BY CLICKING ON THE "JOIN NOW" BUTTON AT THE
BOTTOM OF THE JOIN PAGE (Join Page), YOU ARE AGREEING THAT YOU HAVE
READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT
YOU AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION.
The Web Traveler Membership program (the "Program") is a product
of Louisville International Airport. This Member Agreement contains the complete Terms and Conditions
that apply to your becoming a Member of the Program. Please note that
throughout this Member Agreement, "we," "us," and
"our" will mean Louisville International Airport, and "you," "your,"
and "yours" will mean you, the Member. The Program is offered
by Louisville International Airport, who provides reservation services, ticketing, support and a variety
of other services offered as part of the Program. Louisville International Airport maintains a Web
Site, which is a specific set of web pages that are branded with Louisville International Airport's
logo and contain additional information about the Program and services
offered. This Web Site and the information presented on the Web Site are an integral part of
the Program.
- Enrollment Eligibility: The Program is open to
legal residents of the forty-eight (48) contiguous United States, the
District of Columbia, Hawaii, and Alaska, except residents of California,
who are eighteen (18) years or older and have Internet access and an
existing e-mail account as of the date of their enrollment. By enrolling
in either of this program, you are certifying that you meet these eligibility
requirements.
- Membership Acceptance: Upon your initial enrollment
you will receive an e-mail confirmation of your enrollment and a link
to activate your account. Your membership is effective immediately upon
enrollment. A short time after your enrollment as a Program Member,
you will receive an additional email confirmation of your status, along
with information about the Program benefits. Your membership status
is maintained in a secure electronic format within our computer system
and, therefore, is non-transferable. Any reservations made through the
Program must have the name of the Program Member in the reservation.
- Member Accounts, Traveler Profiles, Usernames and
Passwords: Your membership in the Program provides access for one
(1) primary traveler, one (1) associated adult traveler, and any number
of associated child travelers. All travelers associated with an individual
account must live in the same household. Each adult traveler will be
given a unique user name and password. All travelers for each account
may create and maintain separate travel profiles.
- Fees for Services: When you become a member, you
hereby agree to pay all charges to your account, including applicable
taxes, in accordance with billing terms in effect at the time the fee
or charge becomes payable. We reserve the right to change the amount
of, or basis for determining, any fees or charges for services we provide,
and to institute new fees, charges, or terms effective upon prior notice
to customers. We reserve the right to terminate any account at any time
for any reason.
- Membership Fee: There are no fees for membership
in the Program
- Membership Term: Your membership in the Program
will continue until you cancel your membership or until your account
is terminated due to inactivity. The subscription will be cancelled
upon receipt of cancellation notification or after your account has
not been used for a period of one calendar year.
- Membership Cancellation: You may cancel your
Program Membership at any time by emailing
us. Upon cancellation, your account will be closed and all access
to the Web Site will be denied.
- Restrictions on Using Membership Benefits: Program
benefits are for members only. Non-members are not entitled to receive
Program benefits. Your name must be part of the traveling party in order
for any of the benefits to apply or be used in conjunction with that
trip and/or purchase. Failure to comply with these Terms and Conditions
may result in cancellation of your membership with no refund of fees.
You are responsible for additional charges that may apply if these rules
are not observed.
- Non-payment of Services: You agree that you are
responsible for prompt payment of all services rendered under the Program
using your Program benefits. For example: if you order tickets through
the Web Site, you are responsible for the cost of the tickets and any
additional taxes and fees. If you fail to pay for any goods or services
rendered in connection with the benefits available under the Program,
you agree to reimburse Louisville International Airport and/or the Service Providers, as applicable,
for all fees, costs and expenses (including reasonable attorneys' fees,
collection agency fees and court costs) incurred in collecting any overdue
amounts.
- Member Complaints: Member complaints should be
directed to the Louisville International Airport Customer Service
Line at (888) 501-6998 or via e-mail: support.
To enable us to fully investigate and respond in a timely manner, complaints
should be lodged within ninety (90) days after the services which are
the subject of the complaint are rendered, or within ninety (90) days
after the travel date, and should include appropriate documentation
and any relevant reservation numbers, dates of travel, and actual dollar
amounts in dispute, if any. We will use reasonable efforts to acknowledge
all complaints within five (5) business days after the complaint is
received.
- Membership Agreement Changes: Louisville International Airport reserves the
right, in its sole discretion, to modify the terms and conditions of
this Member Agreement, or to modify, cancel, terminate or suspend the
Program and its benefits at any time, including without limitation the
membership eligibility requirements and membership fees, with any such
change to become effective on the date specified in the notice. You
will be notified either by e-mail or by a Web Site notice of material
modifications to this Member Agreement. Your continued participation
in the Program following the date of the notice will indicate your acceptance
of any such changes. If any modification is unacceptable to you, your
only option is to notify us that you wish to cancel your Program membership.
- Changes to Current Program Benefits: As new travel
suppliers and service providers (collectively referred to as "Service
Providers") join the Program to provide benefits to you, or as
the benefits or corresponding terms and restrictions to such benefits
change, we will keep you informed of such changes, by revising the appropriate
section of our Web Site. We reserve the right to substitute Service
Providers for the various program benefits or change the scope of the
benefits and applicable terms, in either case, at any time.
- User Agreement: Your use of the Louisville International Airport Web Site,
whether as a Member of the Program or a Premier Member or otherwise,
is subject to our User Agreement, the terms of which are incorporated
herein, to the extent not inconsistent with the terms of this Member
Agreement. By using the Louisville International Airport Web Site, you agree to the Terms and Conditions
of the User Agreement, including your indemnification of Louisville International Airport under
certain circumstances, your obligation to maintain the confidentiality
of your Louisville International Airport account information and password, our exclusion of warranties,
our limitation of liability, and terms regarding protection of our copyrights
and trademarks. Please carefully review the User Agreement for a complete
description of these important terms regarding your use of the Louisville International Airport
Web Site, which terms are subject to modification from time to time
by Louisville International Airport.
- Privacy and Security: Protecting your privacy and
providing security is important to us. Please review our Privacy Policy
and Shop Safe Guarantee, both of which are incorporated herein, for
more information.
- Limitation of Liability for Services Arranged through
the Louisville International Airport Program: YOU AGREE THAT Louisville International Airport IS A MERE AGENT FOR THE SERVICE
PROVIDERS AVAILABLE THROUGH THE PROGRAM AND THE Louisville International Airport WEB SITE, INCLUDING
BUT NOT LIMITED TO TRAVEL SERVICE PROVIDERS. ANY AND ALL CLAIMS REGARDING
ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED OR PROVIDED
THROUGH THE PROGRAM OR THE Louisville International Airport WEB SITE ARE LIMITED TO CLAIMS AGAINST
ANY AND ALL SERVICE PROVIDERS. Louisville International Airport HEREBY DISCLAIMS ANY LIABILITY,
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES
PROVIDED BY ANY SERVICE PROVIDERS THROUGH THE PROGRAM OR THE Louisville International Airport WEB
SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION,
INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED
THROUGH THE FAULT, NEGLIGENCE OR OTHERWISE, OF SUCH SERVICE PROVIDERS
AND YOU HEREBY EXONERATE Louisville International Airport FROM ANY LIABILITY WITH RESPECT TO THE
SAME.
- Disclaimer of Warranties: EXCEPT AS OTHERWISE EXPRESSLY
SET FORTH HEREIN, Louisville International Airport AND ANY SERVICE PROVIDERS OF THE BENEFITS AND
SERVICES AVAILABLE TO MEMBERS OF THE PROGRAM MAKE NO WARRANTIES OF ANY
KIND REGARDING THE BENEFITS, SERVICES OR PRODUCTS AVAILABLE TO MEMBERS
HEREUNDER, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS,
UNLESS A SERVICE PROVIDER EXPRESSLY AGREES TO PROVIDE SPECIFIC, LIMITED
WARRANTIES TO YOU IN CONNECTION WITH A PARTICULAR BENEFIT OR SERVICE
PURSUANT TO AN ENROLLMENT FORM OR A SEPARATE AGREEMENT YOU ENTER INTO
WITH SUCH SERVICE PROVIDER. Louisville International Airport AND THE SERVICE PROVIDERS EXPRESSLY
DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING
BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE. SOME STATES DO NOT ALLOW THE ISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
- Limitation of Liability: IN NO EVENT SHALL Louisville International Airport OR
ANY SERVICE PROVIDERS BE LIABLE HEREUNDER OR IN ANY WAY IN CONNECTION
WITH THIS MEMBER AGREEMENT OR ANY BENEFIT, SERVICE OR PRODUCT AVAILABLE
TO YOU UNDER THE PROGRAM, FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST
SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY PRODUCT,
SERVICE OR BENEFIT AVAILABLE TO MEMBERS PURSUANT TO THIS MEMBER AGREEMENT,
OR (II) THE PERFORMANCE OR NON PERFORMANCE BY Louisville International Airport OR ANY SERVICE PROVIDERS,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, Louisville International Airport OR ANY SERVICE PROVIDER SHOULD
BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH THIS MEMBER AGREEMENT OR ANY OF THE BENEFITS,
SERVICES OR PRODUCTS AVAILABLE TO MEMBERS PURSUANT HERETO, THE LIABILITY
OF Louisville International Airport AND THE SERVICE PROVIDERS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE,
THE GREATER OF (A) THE ANNUAL MEMBERSHIP FEE PAID BY YOU AS A MEMBER,
OR (B) US$1,000.00. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY,
SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
- Indemnification: YOU AGREE TO DEFEND, INDEMNIFY AND
HOLD HARMLESS Louisville International Airport AND ANY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM AND AGAINST
ANY CLAIM, COST, DAMAGES, LIABILITIES, EXPENSES, CAUSES OF ACTION OR
DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, BROUGHT
(I) BY OR ON YOUR BEHALF IN CONNECTION WITH OR RELATING IN ANY MANNER
TO THE TRANSACTIONS CONTEMPLATED BY THIS MEMBER AGREEMENT OR (II) BY
ANY THIRD PARTIES AS A RESULT OF YOUR USE OR RECEIPT OF ANY OF THE MEMBER
SERVICES, BENEFITS OR PRODUCTS AVAILABLE TO YOU PURSUANT TO THIS MEMBER
AGREEMENT.
- Start Date of Member Agreement: This Member Agreement
will begin upon our acceptance of your Member enrollment form and your
activation of your account.
- Termination: If you fail to perform any material
obligation under this Member Agreement, including payment of any fees
due hereunder, Louisville International Airport may terminate this Member Agreement by written notice
to you.
- Miscellaneous:
- Louisville International Airport and Members will at all times be deemed to be independent contractors
with respect to the subject matter of this Member Agreement, and nothing
contained in this Member Agreement will be deemed or construed in any
manner as creating any partnership, joint venture, employment, Louisville International Airport, fiduciary
or other similar relationship.
- You may not assign your rights or obligations under this Member Agreement
to any party.
- You agree that, as a condition of membership, you will maintain a valid
email address as your membership user name and you recognize that email
is the primary method by which we communicate with members. As a condition
of membership, you agree to receive periodic membership newsletters that
are sent from time to time to all members. These newsletters are used
to alert members to important changes in membership terms and conditions
as well as operational or feature changes to the web site.
- THIS MEMBER AGREEMENT WILL BE GOVERNED BY AND INTEPRETED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF INDIANA WITHOUT REGARD TO THE CONFLICTS
OF LAWS PRINCIPLES THEREOF. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING
OUT OF OR RELATING TO THIS MEMBER AGREEMENT SHALL BE SETTLED BY BINDING
ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE
AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY
ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION
MUST BE CONDUCTED IN CLARK COUNTY, INDIANA AND JUDGMENT ON THE ARBITRATION
AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. EITHER YOU OR
Louisville International Airport MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT
JURISDICTION IN CLARK COUNTY, INDIANA NECESSARY TO PROTECT THE RIGHTS
OR PROPERTY OF YOU OR Louisville International Airport PENDING COMPLETION OF ARBITRATION.
- You agree to comply with the provisions of all applicable federal, state,
county, or municipal laws, regulations or ordinances, to the extent applicable,
in connection with this Member Agreement and your receipt of any of the
benefits or services described herein or available pursuant to this Member
Agreement.
- To the extent allowed by applicable law, any claim or cause of action
arising from or relating to this Member Agreement must be brought within
two (2) years from the date on which such claim or action arose or accrued.
- Neither Louisville International Airport nor you will be liable for failure to perform or delay
in performing any obligation under this Member Agreement if such failure
or delay is due to fire, flood, earthquake, strike, war (declared or undeclared),
commercial impracticability, embargo, blockade, communications failure,
legal prohibition, governmental action, riot, insurrection, damage, destruction
or any other cause beyond the reasonable control of such party.
o If any provision of this Member Agreement is held to be invalid, illegal
or unenforceable for any reason, such invalidity, illegality or unenforceability
will not affect any other provisions of this Member Agreement, and this
Member Agreement will be construed as if such invalid, illegal or unenforceable
provision had ever been contained herein.
This Member Agreement represents the entire agreement between Louisville International Airport and
you regarding the subject matter hereof, and supersedes all prior agreements
and communications we may have had, oral or written.
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