Terms of Use — Undiscovered Sunsets

Terms of Use

Last updated: December 4, 2020

These Terms of Use ("Terms", "Terms or Use ") govern your use of our website, www.undiscoveredsunsets.com website (the "Service" or “website”) operated by Undiscovered Sunsets ("us", "we", or "our").

Please read these Terms of Use carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Our terms include important legal obligations and waivers INCLUDING AN ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION that you agree to in exchange for the use of our Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Using the Website

The Service is currently made available to you for your personal, non-commercial use. When you access the Service in any way, you warrant that you are at least 18 years of age and possess the legal authority to enter into a binding agreement and that you will only use the Service in accordance with all the terms of use herein. You agree to be financially responsible for all of your use of the service (as well as for use of your account by others). You agree that you are responsible for any bookings made through the Service by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Service is true and accurate. You agree to only make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. We have the right at all times to deny you use or access to the Service for any reason.

Prohibited Uses

The content and information on the Service (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and the Travel Providers. While you may make limited copies of your travel itinerary (and related documents) for travel or reservations booked through the Service, you agree not to do any of the following without our express permission:

modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website;
use this Website or its contents for any commercial purpose;
access the Our Website with any manual or automated process for any purpose other than your personal use or for inclusion of Undiscovered Sunsets 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;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep—link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
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;
·"frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
post or distribute any material on Our Website that violates the rights of any third party or applicable law;
use Our Website to collect or store personal data about others whether through data mining or any other means;
use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
use any data mining methods whatsoever and for any purposes whatever.

If your booking shows signs of fraud, abuse, or suspicious activity, Undiscovered Sunsets, in our sole and absolute discretion, may cancel any bookings associated with your name or email address. If you have conducted any fraudulent activity, Undiscovered Sunsets reserves the right to take any necessary legal action and you may be liable for monetary losses to Undiscovered Sunsets, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, or cancellation of an order please contact Undiscovered Sunsets Customer Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Undiscovered Sunsets and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Undiscovered Sunsets.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Undiscovered Sunsets.

Undiscovered Sunsets has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Undiscovered Sunsets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

Limitation Of Liability

In no event shall Undiscovered Sunsets, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the website must be brought within one year from the date on which such claim or action arose or accrued or purchase was completed.

Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the website shall be at your own risk.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Undiscovered Sunsets its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Indemnification

You agree to defend and indemnify Undiscovered Sunsets and any of its officers, directors, employees and agents 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 reasonable legal and accounting fees, brought by third parties as a result of:

your breach of these Terms or the documents referenced herein;
any damage caused by you while using the Travel Services;
your violation of any law or the rights of a third party; or
your use of the Service.

Dispute Resolution/Arbitration

Any dispute, controversy or claim arising out of or relating in any way to the Service, your use of the Service, your use of services booked through the Service, or these terms including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the terms, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Iowa. Iowa law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

Governing Law

Any appeal with regard to an arbitration shall be governed by and construed under the laws of the State of Iowa (without regard to conflict of laws principles), all rights and remedies being governed by said laws. The Parties hereby submit to the exclusive jurisdiction of state and federal courts located in Iowa.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Attorney’s Fees

In any action or proceeding brought regarding any controversy or claim arising out of or relating in any way to the Service, your use of the Service, your use of services booked through the Service, or these terms including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the terms, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.

Validity

If any provision of the Terms or the application of any provision hereof to any person or circumstances is held invalid, unenforceable or otherwise illegal, the remainder of the Terms and the application of such provision to any other person or circumstances will not be affected, and the provision so held to be invalid, unenforceable or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid or legal.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.