Terms and Conditions

GoExpedi Terms and Conditions

 Last Updated: January 27, 2022

PLEASE REVIEW THESE GOEXPEDI WEBSITE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW), AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.    E REVIEW THESE GOEXPEDI TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE SITE (AS DEFINED BELOW), AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.    

By using the Services, you affirm that you are of legal age to enter into an agreement with us, and you accept and are bound by these Terms of Use. You affirm that if you use the Services on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Use.  You may not use the Services from us if you (i) do not agree to these Terms of Use, and (ii) are not at least the age of majority in your state or province of residence.

These Terms of Use include a binding arbitration clause (see Section 11), which requires you and us to arbitrate claims instead of adjudicating them in court.  You should also carefully review our Privacy Policy at https://www.goexpedi.com/privacy-policy/ before providing us with any personal information.

Introduction

These Terms apply to Expedi, Inc.’s (dba GoExpedi) (“GoExpedi” or “we”) applications, services and its website at goexpedi.com (the “Website”; the Website together with the foregoing, collectively, the “Services”).     

You can review the most current version of these Terms of Use at any time on the Website. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

  1. Content. Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to GoExpedi and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without GoExpedi’s express prior written consent.

    GoExpedi reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  2. Privacy Policy and Data Security. Please refer to GoExpedi’s Privacy Policy for information on how we collect, use and disclose information from our users.  Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.
  3. User Submissions, Feedback and Information. You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use.  Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of GoExpedi and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and GoExpedi shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.   With respect to all other Submissions, you hereby grant GoExpedi an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.  Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by GoExpedi.
  4. Prohibited Uses. You are prohibited from using the Service or its Content: (i) for any unlawful purpose, or for soliciting others to perform or participate in any unlawful acts; (ii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) to submit false or misleading information; (vi) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (vii) to collect or track the personal information of others; (viii) to spam, phish, pharm, pretext, spider, crawl, or scrape; (ix) for any obscene or immoral purpose; or (x) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. You further agree not to (a) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or Content without express written permission by us.  We reserve the right to terminate your use of the Services and seek any available legal remedy against you for violating any of the terms described in this Section.  
  5. Disclaimers.
    5.1 General. THE WEBSITE, SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, IN EACH CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  

    5.2. All Content on the Website is provided solely and exclusively for reference purposes and on an AS-IS basis with no representation or warranty whatsoever, including as to its accuracy or completeness.  GoExpedi and its affiliates are not responsible if Website Content is not accurate, complete or current, and GoExpedi and its affiliates have no obligation whatsoever to update, correct, or maintain Website Content.   We do not guarantee, represent or warrant that the Services will be error-free, uninterrupted, or completely secure, and you acknowledge that there is an inherent risk of unauthorized access to any information which you submit via the Services.

    5.3. Third Party Products, Sites and Services. We make no representation or warranty whatsoever with regard to any third-party products, sites, or services which we may recommend for your consideration.
  6. Limitations on Damages.

    EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL GOEXPEDI OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF GOEXPEDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GOEXPEDI’S LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED $50.

    BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

    THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

    Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
  7. Indemnification. If we, our affiliates, or any of our or their service providers, officers, directors, employees, contractors, suppliers, and agents (the “Indemnitees”) are faced with a legal claim by a third party arising out of your actual or alleged (i) gross negligence, willful misconduct, or fraudulent misrepresentation or (ii) breach of your obligations under these Terms of Use, then you will pay the cost of defending the claim (including reasonable legal fees) and any damages, awards, fines, or other penalties that are imposed on the Indemnitees as a result of the claim.  We will choose legal counsel to defend the claim provided that the choice is reasonable and communicated to you.  You must comply with our reasonable requests for assistance and cooperation in defense of the Claim.  We may not settle the claim without your consent, which may not be unreasonably withheld, delayed, or conditioned.  You must pay costs and expenses due under this Section as we incur them.
  8. Violation of These Terms of Use. You agree that GoExpedi may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms of Use will cause irreparable harm to GoExpedi for which monetary damages would be inadequate, and you consent to GoExpedi obtaining any injunctive or equitable relief that GoExpedi deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GoExpedi may have at law or in equity.
  9. Governing Law. All matters arising out of or relating to these Terms of Use are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
  10. Arbitration; Jury Trial Waiver

    YOU AND GOEXPEDI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BETWEEN US IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.  ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES, CONTENT OR SERVICES OR YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OF USE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.  THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  THE SEAT OF THE ARBITRATION SHALL BE HOUSTON, TEXAS. 

    Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.  YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF USE.
  11. Users Outside of the United States. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

    You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
  12. Miscellaneous. If any portion of these Terms of Use is found invalid, illegal, void or unenforceable, the rest of these Terms of Use will continue in effect, and the invalid, illegal, void or unenforceable part shall be reformed to the extent possible to make it enforceable and give business efficacy to these Terms of Use.  GoExpedi may enforce its rights under these Terms of Use even if it has waived the right or failed to enforce the same or other rights in the past.  The relationship between the Parties is that of independent contractors and not business partners, and neither Party is an agent for the other or has the right to bind the other to any agreement with a third party.  The use of the word “including” means “including without limitation.”  Other than Representatives for the purposes of Section 9, there are no third-party beneficiaries with respect to these Terms of Use.  The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. These Terms of Use, together with our Privacy Policy and any other legal notices published by GoExpedi, constitute the entire agreement between you and GoExpedi with regard to your use of the Website and Services. If you enter into a separate customer agreement with GoExpedi, these Terms of Use shall be read so as to be compatible with such customer agreement. However, to the extent there is an irreconcilable conflict between these Terms of Use and any such terms and conditions in the customer agreement, the provisions set forth in the customer agreement shall control. While in no way limiting the generality of the foregoing, the pre-printed terms of your business forms shall be void and of no effect. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.
  13. Canada. The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
  14. Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

    Questions and Contact Information. Please contact us if you have any questions about these Terms of Use. You may contact us by sending correspondence to GoExpedi, 8844 N. Sam Houston Parkway W., Suite 210, Houston, TX 77064, United States, calling us at 833.397.3344, or by emailing us at admin@goexpedi.com. 

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