Zipcheap is committed to finding you the best and most competitively priced auto insurance. We work with our partners to find you only the most trusted insurance companies for your auto needs. At ZipCheap, we want to make your experience as smooth as possible.
Zipcheap is an online media company founded by experienced people with a passion for technology and helping people find the best auto insurance solution for the least amount of money.
We have a simple mission: Empower the customer to quickly and effectively find the car insurance that best suits their needs.
August 19, 2011
Welcome to zipcheap.com (the “Site”), which is operated by Kitewater LLC, a Delaware limited liability company (“Company”). The travel related and other services Company provides on the Site shall be referred to herein as the "Services". Company is based in the United States and the Services are hosted in the United States.
PLEASE READ THROUGH THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Registration and Account Security
The Services are intended for users aged 13 years and above. All registration information accessed or used in connection with Services must be accurate and kept updated. You are responsible for maintaining the confidentiality of your registration information and password. You agree not to use any accounts, email addresses or usernames of any other individual in connection with the Services.
This Agreement remains in full force and effect while you use the Services. You may terminate your account on the Site at any time for any reason. Company may terminate your account and/or access to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the Services is terminated, this Agreement will remain in effect. You agree that your account is non- transferable and any rights to your account terminate upon your death.
The Services may contain information, text, files, images, video, sounds, musical works, works of authorship, applications, and other materials or content (collectively, “Company Content”) belonging to Company, Company’s licensors, other users of the Services and other third parties.
trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content and the Services. Company hereby grants you a limited, revocable, nonsublicensable license to access and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with your authorized use of the Services. Except as expressly permitted by the Company, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Company Content appearing on or through the Services.
Except as expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Company Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Company Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Company Content unless authorized by Company. You may not build a business utilizing the Company Content, whether or not for profit.
Your Use of Services
The Services are offered for your personal use only and may not be used for commercial purposes. You agree not to use the Services to:
Third Party Links and Services
The Services are provided "AS-IS" and “as available” and Company does not guarantee or promise any specific results from use of the Services. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non- infringement. In particular, Company makes no warranty that your use of the Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Services or Third Party Services (including but not limited to, through third party advertisements) will be accurate or reliable. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Services, problems or technical malfunction in connection with use of the Services, any material downloaded or otherwise obtained in connection with the Services, third party advertisement or Third Party Service posted on, through or in connection with the Services, or the conduct of any users of the Services. Your use of third party advertisements, Third Party Services and the goods or services provided by any
third parties is solely your responsibility and at your own risk. Third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company.
Limitation on Liability
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
Arbitration of Disputes
You agree to arbitrate all disputes and claims between you and Company. Your agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement. You agree that, by entering into this Agreement, you are waiving your right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. Any arbitration hereunder will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Any arbitration hearings will take place in San Diego County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all AAA filing, administration, and arbitrator fees for any arbitration initiated hereunder will be governed by the AAA Rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AGREE THAT
YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions.
You agree to indemnify and hold Company, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the Services, your breach of this Agreement, or your violation of any rights of any third party. Your indemnification obligation will survive this Agreement and your use of the Services.
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
August 19, 2011:
Kitewater LLC (“Company”) operates Zipcheap.com(the “Site”) and provides travel related services through use of the Site and via the Internet (the “Services”).
User Submitted Information
Registration Information is the information that users must provide to Company at registration for the Service. Registration Information may include, for example, your email address.
Company Collected Information
Third parties that support the Services by serving advertisements or providing services, such as providing users with the ability to comment on content, allowing users to share content or tracking aggregate site usage statistics may also use these technologies to collect similar information. Company does not control these third party technologies and their use is governed by the privacy policies of these third parties using such technologies. For more information about third party ad networks that use these technologies, see www.aboutads.info.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies). Users can manage the use of Flash technologies, including cookies, with the Flash management tools available at Adobe’s website, see http://www.adobe.com/products/flashplayer/security/privacy_policy/faq.html. Please note that by blocking any or all cookies you may not have access to the Company Services or certain features thereof.
Third Parties. To improve the quality of our services, Company may supplement the information we collect with information we obtain from third parties. If you access the Services through a third party connection or log-in, we may also collect Third Party Information and Content.
Company’s Use and Disclosure of Information
We use the information we collect from and about users for the following purposes:
To allow third party service providers to assist us in providing and managing the Services. Company may make your non-public personal information available to certain third party service providers, such as contractors, agents or sponsors, who help us manage or provide the Services by, for example: developing or supporting products and features; conducting email marketing on our behalf; processing payments; administering message boards; fulfilling orders; processing data or statistics; or assisting with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside service providers are required to protect non-public personal information entrusted to them and not use it for any other purpose than the specific service they are providing to Company.
To contact you. Company may periodically send promotional materials or notifications related to the Services to the email address you provided to us at registration or subscription to your account. If you want to stop receiving promotional materials from Company, follow the unsubscribe instructions at the bottom of each promotional email. There are certain service notification emails that you may not opt-out of as long as you are registered with or subscribed to the Services, such as notifications of changes to the Services or policies.
To protect the rights of Company and our users. There may be instances when Company may disclose user information without providing notice or choice, including situations where Company has a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our affiliated companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Services or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
To complete a merger or sale of assets; to Company Affiliates. If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer your information to the party or parties involved in the transaction as part of that transaction. Company may also transfer your information to Company affiliates at any time.
Company uses reasonable administrative, technical, personnel and physical measures to safeguard user information in its possession against loss, theft and unauthorized use, disclosure or modification. Unfortunately, no transmission of data over the Internet can ever be guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, Company cannot ensure or warrant the security of any personal information you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by emailing email@example.com.
You may cancel your account by clicking on “delete your account” and may unsubscribe to Company promotional materials by clicking the “unsubscribe” link at the bottom of the applicable e-mail. Company may retain backup information related to your account on Company servers for some time after cancellation for fraud detection or to comply with applicable law or internal security policies.
If you would like to stop receiving messages from Company on your mobile phone, please reply to the message with "STOP." You may also contact your wireless carrier for additional information on receiving or stopping mobile messages.
Your California Privacy Rights. California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send a request to firstname.lastname@example.org.