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Terms of Service
Last modified: Aug 03, 2017

Acceptance of the Terms of Service
These terms of use are entered into by and between Jetway, Inc., dba NexTravel ("Company", "we" or "us") and You (“Customer”), a user of our Services (as defined below). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of nextravel.com, including any content, functionality and services offered on or through nextravel.com (the "Website" and, such services, our "Services"), whether as a guest or a registered user and whether through direct access to the Website, access to the content or our Services by means of one or mobile applications or by means of application programming interfaces, webhooks or similar technological means.

Please read the Terms of Service carefully before you start to use the Website or our Services. By using the Website or our Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, set forth in Appendix B of the Agreement between you and us. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or our Services.

The Website is offered and available to users who are natural persons that are 18 years of age or older and reside in the United States or any of its territories or possessions. In accessing the Website, the mobile applications and the Services, users are acting on their own behalves as individuals or, if such user’s account is maintained within a business account, as authorized users for businesses or legal entities. By using the Website, you represent and warrant that you have legal capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or use our Services.

Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion, provided that we will provide you with reasonable notice of such revisions by email in advance of their public posting date and you will have the right to terminate our Agreement or to suspend the Agreement pending renegotiation of the terms of the Agreement. All changes are effective immediately when we publicly post them, and apply to all access to and use of the Website or our Services thereafter, unless we have specifically agreed with you otherwise. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Except where you exercise your right to terminate the Agreement or to suspend the Agreement pending renegotiation of the terms of the Agreement, your continued use of the Website or our Service following our notice to you and the posting of revised Terms of Services means that you accept and agree to the changes.

Accessing the Website and Services; Account Security
We reserve the right to withdraw or amend the Website, mobile applications and integrations and any other Service or material we provide, in our sole discretion upon reasonable notice. Except as otherwise agreed with you, we will not be liable if for any reason all or any part of the Website or any of our Services are unavailable at any time or for any period. From time to time, we may restrict access to the Website and our Services to users, including registered users.

You are responsible for:
Making arrangements, such as access to a computer and an internet connection, which are necessary for you to have access to the Website and the Services. Ensuring that all persons who access the Website or our Services through your internet connection, as your agent or otherwise on your behalf are aware of these Terms of Service and comply with them.

To access the Website, the Services or some of the resources we offer, you will be asked to provide certain registration details and other information. It is a condition of your use of the Website and our Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with us, including but not limited to through the use the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must treat your user name and password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any person other than your authorized employees with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and ensure that you fully log off.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms of Service.

Intellectual Property Rights
The Website and our mobile applications and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, but excluding any information or materials uploaded or otherwise provided by you), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website solely as a means of procuring our Services, and you must not reproduce or attempt to reproduce or duplicate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on accessible through our Website or mobile applications, except in the context of customary caching to increase performance and otherwise as required for the functioning of the Website and the provision of the Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website and our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks
The Company name, the terms Jetway, NexTravel, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. If you upload any designs, logos or names subject to trademark or servicemark for use on the Website, you represent and warrant that you have the right and authority to do so and thereby grant to us the right to use the same in connection with the provision of Services to you.

Prohibited Uses
You may use the Website and access our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website or make use of our Services:
  • In any way that knowingly violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To knowingly infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
  • In any way that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or unlawful;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To knowingly engage in any other conduct that restricts or inhibits anyone's use of the Website or our Services, or which, as determined by us, may harm the Company or users of the Website or our Services or expose them to liability.

Additionally, you agree not to:
  • Use the Website or our mobile applications or any technological device or process in any manner that you know could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, our mobile applications or Services, including their ability to engage in real time activities through the same.
  • Use any robot, spider or other automatic device, process or means to access the Website or any of its content or any Services for any purpose, including monitoring or copying any of the material on the Website or providing any competing services.
  • Use any manual process to monitor or copy any of the material on the Website or any other content of ours or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that knowingly interferes with the proper working of the Website or the provision of our Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, or knowingly interfere with, damage or disrupt any parts of the Website, the infrastructure on which the Website is stored, or any server, computer or database connected to the Website or our Services.
  • Attack the Website or our Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise knowingly interfere with the proper working of the Website or the proper provision of our Services.

Content Reliance on Information Posted
We reserve the right to remove any content from the Website at any time upon receipt of claims or allegations from third parties or authorities relating to such content or if we have cause to believe that you have breached these Terms of Service. You, not us, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.

We do not warrant the accuracy, completeness or usefulness of the content on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We disclaim any requirement to update the Website, its content or our Services.

Changes to the Website
We may update the content on and Services offered from the Website from time to time at our sole and absolute discretion. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content, or impose limits on certain features and Services or restrict your access to parts or all of the Website, mobile applications or Services; provided, however, that we will use commercially reasonable efforts to: (i) provide you with reasonable advance notice of all changes that will materially impair your use of the Services, (ii) minimize disruption to your use of the Services where reasonably practicable, and (iii) return to you or destroy any confidential information that you have uploaded to the Website or provided to us.

Information About You and Your Visits to the Website
All information we collect on and through the Website and our mobile applications is subject to our Privacy Policy. By using the Website or mobile applications, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Travel Bookings
You acknowledge that we pre-negotiate certain rates with air, hotel, and car suppliers to facilitate the booking of travel. You also acknowledge that we provide you Services to facilitate such booking of travel for consideration (the "facilitation fee"). The rates displayed on or by the Website and our mobile applications are a combination of the pre-negotiated rates reserved on your behalf by us and the facilitation fee retained by us for our services. You authorize us to book travel for the total reservation price, which includes the rate displayed on the Website or mobile application, plus tax recovery charges, service fees, and where applicable, taxes on our services. You agree that your credit card will be charged by us for the total reservation price. Upon submitting your reservation request you authorize us to facilitate reservations on your behalf, including making payment arrangements with suppliers.

In the event that any supplier fails to honor a reservation or to provide services booked by you through our Website in accordance with such supplier’s rules, refunds and changes will be subject to supplier rules and provided by the supplier.

Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website and our mobile applications may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website or in our mobile applications.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions
The owner of the Website is based in the state of California in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE SET FORTH IN THE AGREEMENT BETWEEN THE PARTIES. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE CONTRACT PRICE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR YOUR USE, OR INABILITY TO USE, THE WEBSITE OR MOBILE APPLICATIONS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
Each party agrees to defend, indemnify and hold harmless the other party, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to the first party’s violation of the Agreement between the parties or these Terms of Service or the use of the Website or the mobile applications, including, but not limited to any use of the Website's content, services and products other than as expressly authorized in these Terms of Service or the use of any information obtained from or through the Website.

DMCA Copyright Policy and Copyright Agent
Jetway respects the intellectual property rights of others. If you believe something on the Website or in our mobile applications has infringed your intellectual property rights, please notify our agent at copyrights@nextravel.com and provide the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  • Address, telephone number, and, if available, an electronic mail address where we may contact you.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Interaction with Third Parties
Certain aspects of our Services require the exchange of information between us and third party websites or services ("Third Party Websites") that are not owned or controlled by us, or the provision of Services may be accessible by logging in through a Third Party Website (for example, the website of an airline or hotel). When you access Third Party Websites, you do so at your own risk. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party website. By using the Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any Third Party Website.

Your interactions with organizations and/or individuals found on or through the Services (including without limitation travel merchants), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release us, our officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or un-known, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

In the case where any user authorized by you consents to a third party integration, you shall be deemed as agreeing to the passage of data to the third party integration partner for the purposes agreed upon between you and us.

Miscellaneous Disclaimers
Unless otherwise required by applicable law:
  • Fares are not guaranteed until purchased and you receive your ticket number or final confirmation from the third party provider. Until you receive such ticket number or final confirmation, all prices posted on the Website or in our mobile applications are subject to change without prior notice. Additionally, all shown prices are subject to availability.
  • Customer acknowledge and agrees that NexTravel's ability to execute and procure on behalf of Customer travel services is necessarily conditioned upon the availability of such tickets, accommodations, reservations, and services through the third party provider(s) of the underlying travel or accommodation service(s), and subject to such other tariffs, terms and conditions applicable to or imposed by the provider of such services. None of NexTravel's or any of its representatives or employees engaged in the performance of the travel services will be liable or responsible in any way for any accident, loss, injury or damage to any Customer or their property suffered during any trip or in any accommodation booked through the travel services, except for any accident, loss, injury or damage that results from NexTravel’s or its employees or representatives willful misconduct.
  • If a Customer uses a confirmed ticket for air transportation issued pursuant to a reservation made by means of the travel services and is refused carriage because of an over sale of seats or the lack of record of such reservation, the sole remedy shall be as set forth in the tariff of the refusing carrier or applicable terms and conditions of the carrier's contract of carriage (unless the lack of record of reservation results from an error or failure of the travel services).
  • We reserve the right to charge a fee for the products and service we provide when you book or reserve travel or accommodations through the Website or mobile applications. The fees are non-refundable. In addition, you will be responsible for all fees, taxes, and assessments arising from travel to a particular destination.
  • You represent and warrant that i) any credit information you supply is true and complete, ii) charges incurred by you will be honored by your credit card company, and iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
  • Credit card holders should provide valid billing addresses, phone numbers and email address at time of making reservation.
  • We strongly recommend purchasing travel insurance to cover any cancellation, baggage loss & emergency health situation.
  • To cancel purchased travel, you shall provide a written request to cancel trip at least 72 hours prior to departure or cancel via our support number as displayed on www.nextravel.com/support. Cancellations and changes are subject to the rules and penalties of the air carrier, travel company, or accommodation provider. Some travel plans are NON REFUNDABLE, in which case we will inform you of such terms prior to purchase.
  • If carrier rules specify that there is a time limit for free cancellations i.e. “one click cancellations,” you must make sure the flight is in fact cancelled (which status will be appropriately indicated on the Website), and we will have no responsibility for the failure of such cancellation to be effective.
  • A penalty will apply to reissue paper tickets. We will inform you of supplier terms before purchase.
  • Business and personal loyalty numbers may not apply if you are booking discounted rates.
  • We are not liable for any travel delays, cancellations initiated by you, or acts of god
  • We are not liable if the Website or our Services or any portion of them fail at any point (i.e. failures of confirmation emails or reminders).
  • We maintain the right to terminate any account at any time if you violate these Terms of Service, or for any other reason upon reasonable notice

Travel Risks and Travel Documents
Travel to certain destinations may involve greater risks than others. You alone are responsible for reviewing and evaluating travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to any destination. Information on the level of risk associated with travel to destinations can be found at public sites, such as www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov

By permitting the booking of travel to a particular destination, We do not represent or warrant that travel to such destination is safe. We are not liable for damages, losses, or delays that may result from inherent dangers of a particular destination. Additionally, We are not liable for incomplete or improper visas, passports or other travel documents.

Reservations and Bookings
You alone are responsible for adhering to the terms and conditions of booking imposed by any supplier with whom you contract, including terms and conditions of booking set forth in an air carrier's fare rules or contract of carriage; provided that all such terms and conditions have been provided or made available to you in advance.

Governing Law and Jurisdiction
All matters relating to the Website, the mobile applications and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Francisco although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution
Except for certain kinds of disputes described in this section, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND NEXTRAVEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

(a) Generally. In the interest of resolving disputes between you and NexTravel in the most expedient and cost effective manner, and except as described in section (b) below, you and NexTravel agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NEXTRAVEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Despite the provisions of section (a) above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

(c) Arbitrator. Any arbitration between you and NexTravel will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting NexTravel. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). NexTravel's address for Notice is set forth in the section of this Agreement entitled “Your Comments and Concerns.” The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or NexTravel may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or NexTravel must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, NexTravel will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by NexTravel in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

(e) Fees. If you commence arbitration in accordance with these Terms, NexTravel will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse NexTravel for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(f) No Class Actions. YOU AND NEXTRAVEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NexTravel agree otherwise, 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.

(g) Modifications to this Arbitration Provision. If NexTravel makes any future change to this arbitration provision, other than a change to NexTravel's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to NexTravel’s address for Notice of Arbitration, in which case this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

(h) Enforceability. If section (f) is found to be unenforceable or if the entirety of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in section (e) will govern any action arising out of or related to this Agreement.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Jetway, Inc. dba NexTravel with respect to the Website and mobile applications and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Notwithstanding the foregoing, we and You may enter into one or more collateral agreements intended to supplement, amend or alter these Terms of Service.

Your Comments and Concerns
The Website is operated by Jetway, Inc. dba NexTravel 221 Kearny St, Suite 500, San Francisco, CA 94108.

All other feedback, comments, requests for technical support and other communications relating to the Website, the mobile applications and our services should be directed to: support@nextravel.com.