Terms of Use Agreement
Date of last revision: November 15, 2023
This terms of use agreement (“Agreement”) is between Tripsight, Inc., a Delaware Corporation (“Tripsight,” “we,” “us,” “our,” or “ourselves”) and the person or entity (“you” or “your”) that has decided to use our services; any of our websites or apps; or any features, products, graphics, text, images, photos, audio, video, location data, computer code, and all other forms of data and communications (collectively, “Services”).
YOU MUST CONSENT TO THIS AGREEMENT TO USE OUR SERVICES. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, posted at https://pointspath.com/privacy and incorporated by reference herein, you cannot use Services.
If we update this Agreement, we will provide you notice and an opportunity to review and decide whether you would like to continue to use the Services.
Tripsight is the creator of Points Path, an award flight search tool that provides the points price of every flight in certain flights searches to inform the user as to whether cash or points is the better deal. Points Path also provides informational resources about travel rewards.
We reserve the right to change the Services and any material we provide in the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
Tripsight respects the intellectual property of others and expects those who use the Services to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of individuals who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Tripsight or others.
By registering and using the Services, you represent and warrant you: (i) have the authority and capacity to enter this Agreement; (ii) are at least 18 years old, or 13 years or older and have the express permission of your parent or guardian to use the Services; and, (iii) are not precluded or restricted in any way from using the Services, either by law or due to previous suspension from the Services.
You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.
The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.
You shall not engage in the following activities:
Our Services are currently free of charge. But we may add additional for-pay services at some stage. When we do, we’ll use third-party payment services to handle payment services. If you have any issue with charges, those issues need to be addressed between you and the third-party payment service. We are not responsible for the payments or any related disputes.
We do not provide any guarantees or endorsements of any third-party or user, or its content or links, provided through the Services. We do not investigate or otherwise review any user or third-party or its content. We are not responsible for the timeliness, propriety, or accuracy of third-party content. You accept all risks associated with any third-party, and its content, links, or related information. You agree not to hold us liable for any conduct or content of third parties or other user.
All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not make any warranty that access to the Services will be uninterrupted, secure, complete, error free, or meet your particular requirements.
To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages. In no event shall our liability under this Agreement exceed the total amount of money paid to us by you under any subscription or fees for our Services.
You waive any liability of or claims against us for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of or associated with using the Services. You waive any claim or liability stemming from our negligence.
Where our Services incorporate or utilize any information, software, or content of a third party, you waive any liability or claim against us based upon that information, software, or content—including based upon the negligence of that third party.
You understand and agree the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed.
You understand and agree the above waiver includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The following notice is for California users: Pursuant to California Civil Code Section 1789.3: If you have a question or complaint about us, our products, or our Services please contact us at mailbox@pointspath.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
If we are subject to a complaint, a demand, mediation, arbitration, litigation, or other pursuit based upon your conduct relating to or from use of our Services, you agree to defend, indemnify, and hold us harmless for all costs, expenses, and fees (including attorneys’ fees by the attorneys of our choice) we expend in defending ourselves against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, your violation of this Agreement; your use of the Services and any consequence that produces; your use of intellectual property on or through the Services; and, any such actions performed by your agent or representative, or at your direction. You agree to indemnify us as soon as we incur the costs, expenses, and fees, whether those are billed by event, or in week, month, or some other interval.
We reserve an unrestricted right to remove content at any time without advanced notice. Nonetheless, we are not responsible for any third-party content and make no commitment or assurances that we will remove, monitor, or assess any specific third-party content, regardless of its content or character.
To protect us and our users, we reserve an unrestricted right to refuse, terminate, block, or cancel your application to, account with, or access to the Services at any time, with or without cause. You acknowledge here that you have no right: to use of the Services should we terminate or suspend your account. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):
You neither possess nor retain any ownership of or rights to the Services unless the content is generated by You. The rules of user-generated content are described below.
Content and intellectual property that is posted by users belongs to the user that post it within the Services. But if you post content or intellectual property within the Services, you hereby grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, publish, translate and distribute any content that you submit in any form to our Services in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. This license and any related sub-licenses survive termination of this Agreement and persist even if you stop using the Services.
If you post a review on the Google Web Store, Tripsight may choose to include that review in advertising and marketing materials.
As a Google Chrome extension, users are also bound by Google Web Store’s Terms of Service and Privacy Policy, which can be found at the following links: (https://ssl.gstatic.com/chrome/webstore/intl/en/gallery_tos.html) and
(https://policies.google.com/privacy?hl=en). If you have questions or concerns about those policies, please contact Google.
After termination, we retain all rights to content as specified in this Agreement. Sections II—VIII of this Agreement survive after termination.
If you believe any of our content infringes on your copyright, you may request removal by contacting the following address: mailbox@pointspath.com. We will respond to all requests promptly and to the best of our ability.
We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement.
You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with us. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.
You agree that the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement is arbitration. This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of your or our confidential information or trade secrets, or efforts to interfere with our Services or engage with our Services in unauthorized ways (for example, automated ways).
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”) and will be administered by the AAA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us at mailbox@pointspath.com within 30 days of the first acceptance date of any version of this Agreement or any subsequent agreement containing an arbitration provision.
You understand and hereby acknowledge that by submitting any dispute to arbitration, you hereby are waiving the right to a trial by jury and the right to pursue a class-action.
For any claim between you and Tripsight is not subject to arbitration, you agree that the claim must be resolved exclusively in the in accordance with the laws of the State of New York. The venue for any disputes including mediation, arbitration, or litigation shall be New York, New York. You agree to waive the following defenses to any action brought in New York: forum non conveniens and lack of personal jurisdiction.
If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.
If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, you agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.
You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.
This Agreement, together with the Privacy Policy, constitutes the entire agreement between us, and supersedes all prior agreements, representations, and understandings, oral or written, between us.