Website Terms of Use

Please read carefully as your rights may be affected.

Who We Are

The owner and operator of this web site and domain, fareprotection.com, along with its associated tangible and intangible properties, is FLYR, INC., a Delaware corporation, otherwise known as FLYR (“we”, “us”, “our”). 

Introduction to the Terms of Use

The Terms of Use, sometimes known as the Terms and Conditions, is a legal agreement that governs your use of FLYR’s website, services, products, and any associated information, which we may refer to as “Our Website(s)”, “Our Service(s)”, “Our Product(s)”, and “Our Data”, respectively (together, “Our Properties”). The same policies also extend to our Our Services on alternate platforms, such as mobile applications “Our App(s)” or any third party website that hosts Our Services as a result of a valid licensing agreement.

We recommend you grab a coffee, read through, and fully understand how Our Products and Our Services work, as your rights may be affected. You may also find it useful to save a copy of this for reference purposes. 

If you do not accept the entire Terms of Use, simply do not use Our Website, Our Properties, or any of Our Services. 

General Terms

You agree that you have reached the age of majority, sufficient to enter into a binding legal agreement in the United States. If you access Our Properties from a location outside the United States, you may be subject to the laws and regulations of your locale, as well as those of the United States. It is your responsibility to recognize and adhere to all laws and regulations to which you are subject.

You agree that you will only be using Our Services for purposes that are both personal and non-commercial. Further, you are only allowed to use Our Services in the fashion prescribed (i.e. legal and legitimate travel purposes). If you abuse Our Services by engaging in fraud, mining, or excessive querying for data, or any other purpose that is inconsistent with Our Service, to be determined solely by FLYR, your rights and access to Our Properties are immediately revoked.

By using any of Our Services, you agree to not make copies or disseminate any of Our Properties except for personal and non-commercial purposes on your own computing device(s). FLYR, the FLYR logo, our various icons and slogans are trademarked properties of FLYR, INC. Periodically, you may see visual trademark properties of third parties (e.g. our travel business partners and affiliates), in which case such properties are used under license or with permission. Please refer to the respective owner(s) of each trademark owner for their policies. Using Our Services does not give permission to use FLYR’s design and trademark properties.

Your use of Our Properties may be suspended, revoked, or terminated by us without notice for any reason, at the sole discretion of FLYR. 

Prohibition on Misuse and Excessive Use

You agree not to engage in any sort of activity, be it manually or automated, that uses or accesses Our Properties for purposes other than for your personal use, or for purposes that interfere with the normal operation of Our Services. FLYR alone reserves the right to deem what use patterns constitute misuse. This includes, but is not limited to, efforts that cause an excessive amount of traffic/load to bear on the networks supporting Our Properties.

You agree not to index or deep-link into Our Properties without express permission.

Capabilities and Limitations of Our Services

FLYR uses proprietary methods of data analytics and data science in order to build and execute predictive statistics on a per-flight basis. We chiefly achieve this by analyzing raw historical flight data.

You agree that your usage of Our Services will be in full acknowledgement of the limitations of modeling and predictive analytics, and that Our Services and Our Data are only provided on an informational, best-effort basis. As there are technological limits on the accuracy of information that we provide, FLYR will not be held liable for any issues resulting from your use of Our Data for any reason. Please see the Disclaimer of Warranties further in these terms for more information.

Intellectual Property Rights

FLYR owns substantially all the material you see on Our Websites, including the data, text, images, software, logos, and other content. Where we have licensed or used work from others, including our travel partners, we have indicated such as required and are using in full compliance with the respective terms of use.

FLYR, Foresight, FareBeacon, and FareKeep are all registered trademark properties of FLYR, INC.

You may not duplicate, reproduce, feature, or use any portion of Our Properties for illegal purposes, or for purposes that FLYR deems to be objectionable or offensive.

Our Services are not for repackaging or resale to any persons or entities, and are absolutely not to be used to transmit third party advertising or promotions without our express permission. 

Similarly, you may not use Our Website to violate the rights of other persons or entities, including the collection of Personal Information of persons or entities other than yourself.

All inventions under protection of registered patents or provisional/pending patents.

We do not, and will not knowingly violate the intellectual property rights of others. If you believe that you are the owner of intellectual property that is being displayed, used, or otherwise exists on Our Properties without proper authorization, please let us know at support@fareprotection.com.

Data Gathering and Privacy Information

FLYR maintains a stringent Privacy Policy for Personal Information belonging to our users. It is your responsibility to understand and agree to all terms outlined in the Privacy Policy as a part of the Terms of Use. Should you create an account for use on Our Website or Our Apps, you are responsible for maintaining the secrecy of your user details (username, password, etc.) and for updating all details should any changes occur.

If you detect any unauthorized access to your Personal Information in the context of its use on Our Properties, it is your responsibility to re-secure your details or to notify us immediately to do the same via an email to  support@fareprotection.com. FLYR shall not be held responsible for erroneous transmission of data arising from incorrect contact details associated with your Personal Information.

You also understand and agree that your location may be disclosed via a number of identification methods that may be employed by Our Properties. These include, but are not limited to, your willful submission of location information (e.g. your home address), your willful submission of an origin (for flight search purposes), a cross-reference of your internet protocol (IP) address with geolocation data, your browser settings that allow for the transmission of your computing device’s physical location, either by manual user approval or by prior settings granting approval. In general, we will use this location information, or any other location information submitted by you primarily for the purpose of processing your inquiry.

As a necessary part of using basic levels of Our Services, including the fare lookup and predictive analytics, you agree to disclose to us certain information, free of any license or liability, in perpetuity, that we may require. This would generally include dates of travel, number of travelers, origin and destination information, carrier preference, etc. You authorize us to make copies as we deem necessary to facilitate these and other services. You understand that we are allowed a free/gratis, exclusive, transferable, worldwide license to publish, transmit, excerpt, reformat, and aggregate such information. Any information that can personally identify a user is strictly guarded in accordance with our Privacy Policy .

Any feedback you submit to us, including product ideas, comments, error reports, improvement ideas, reviews, and other related information will be henceforth considered the property of FLYR. Any associated property rights, including intellectual property rights, will be assigned to FLYR. Unless otherwise indicated in written form, no monetary compensation is implied or given for feedback. Any users who do not agree to such policies regarding feedback should not provide feedback. 

Disclaimer of Warranties

You understand, acknowledge, and agree that the except where otherwise indicated, the entirety of Our Properties and Our Services are provided for informational purposes only, and solely on an “as-is” and “as available” basis. For example, while we strive to constantly improve the accuracy of our airfare prediction modeling suite, no product can predict future price action with 100% accuracy. As always, past performance do not guarantee future results. We make no guarantee, representation, or warranty of any kind regarding the accuracy, completeness, and timeliness of the information given, especially as it relates to the airfare prediction analytics. We similarly make no warranties as to the quality, performance, or satisfaction of Our Services.

You understand that computer software is ultimately created by human beings and is inherently subject to occasional errors, bugs, compatibility issues, and hardware issues. We make no warranties as to the level of compatibility or the ability to deliver Our Services to you.

FLYR will not be held responsible for any damages and injuries to any persons, tangible property, or intangible property, occurring as a result of reliance on Our Services.

Limitation of Liabilities

FLYR, INC., its responsible and representative officers, directors, employees, contractors, affiliates, and service providers, will not be held liable or responsible for the following:

  1. Any harm or damage inflicted to your equipment as a result of your access or use of Our Services, including, but not limited to, malware or viruses becoming installed on your computing device, device hang-ups or freeze-ups, loss of data.
  2. Any type of harm, injury, accident, delay, or damage of any kind, whether incidental or consequential, that may be in connection with your use of Our Properties or Our Services in any way, including (but not limited to) cases as a result of negligence.
  3. Any type of harm, injury, accident, delay, or damage of any kind, whether incidental or consequential, that may be in connection with the inability of Our Service to function properly, or any of our affiliates’ inability to do the same.
  4. Where limitation of liabilities may differ, such as in certain jurisdictions, the above may not apply.

Indemnification

You agree to indemnify and hold harmless FLYR, Our Properties, Our Services, including our responsible and representative officers, directors, employees, contractors, affiliates, and service providers, harmless against all claims, causes of action, liabilities, losses, expenses, and any similar demands that are in any way connected with your misuse of Our Services, abuse of Our Properties, and in general your breach of our Terms of Use.

Third Party Providers

Portions of FLYR rely on certain data communications provided by a third party source, or at times may redirect towards a property or service owned and operated by a third party. You agree that unless explicitly indicated, FLYR’s usage of such third party sources does not in any way suggest or imply sponsorship or approval of any third party provider. Similarly, you agree that FLYR will not be held responsible in any way for the availability, timeliness, accuracy, completeness, and performance of the information provided by third parties, whether such interactions occur on Our Properties, or on a third-party property. 

Where you are transferred from Our Property to a third party property, you understand that you access such third party properties at your own risk, and that you will immediately be subject to the respective third party property’s respective terms of use and privacy policy, such that FLYR will have no responsibility for damages or claims of any kind resulting as a result of your entry into the third party property by way of Our Properties or Our Services.

Disclaimer of Agent and Representative Rights

You understand and agree that your acceptance of the Terms of Use do not constitute an agent or representative relationship between you and FLYR in any way. Similarly, this relationship will not be defined as a partnership or joint venture in any way. You may not transfer, delegate, or otherwise assign any of FLYR’s rights in any way. 

Terms Subject to Change

Periodically, our Terms of Use may change. FLYR reserves the right to modify the Terms of Use at any time. Modified terms will be posted alongside the new terms in such an event. If you no longer accept the new set of terms in their entirety, your sole recourse will be to immediately cease use of Our Website.

Should you breach any of the Terms of Use, and we should fail to act on such a breach, FLYR in no way waives its right to enforce our rights and claims in the future. 

If any portions of our Terms of Use are found by a court of law to be either invalid or otherwise unenforceable as written, FLYR will continue to pursue all claims to the fullest extent permitted by the applicable laws. Any portion of the Terms of Use that may be deemed unlawful, void, or not enforceable for any reason shall be deemed severable from the remaining terms, with no effect on the validity or enforceability of the remaining terms.

Arbitration and Claims

The laws of the State of California will govern these Terms of Use. If you decided to engage in any legal actions relating to FLYR, INC., Our Properties, and Our Services, you agree to file all actions with a state or federal court (as appropriate) in the City and County of San Francisco, California.

In any action either initiated by FLYR or you, you agree that the prevailing party will be fully entitled to the recovery of legal expenses incurred as a result of the action, including legal costs, court costs, and other associated expenses.

In any action either initiated by FLYR or you or otherwise, you agree that any such actions will be resolved on an individual basis, as opposed to a class action. 

You agree and accept that you are of sound mind, have reached the legal age of majority in your jurisdiction, and have read these Terms of Use in full, and that the Terms of Use will be enforced with equal force and effect as that of a signed and acknowledged legal agreement. These Terms contain the entire understanding between the parties and supersede any prior communications between the parties.

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