By subscribing as a Member of Easy Go Traveler, you are agreeing to the following Terms and Conditions:
1.1. This Membership Agreement ("Agreement") is a contract between Easy Go Traveler LLC, a Nevada limited liability company ("EGT") and the individual (including a spouse or legal partner engaging EGT's services via a "Companion" membership, when applicable) signing up for membership services via EGT's website (the “Member").
1.2. Member enters into this Agreement, and agrees to be bound by it, upon enrolling in a subscription payment plan (the "Subscription") to EGT as part of EGT's membership registration process. Member's enrollment in the Subscription shall serve as an electronic signature and acceptance of this Agreement. Alternatively, in case Member was not presented with a link to the Subscription, any use of EGT's service by Member shall be deemed to constitute acceptance by Member of the Agreement.
1.3. EGT shall have the right, in its sole discretion, at any time and without prior notice, to modify this Agreement and any terms thereof. Such modifications shall be effective immediately upon EGT publishing the modified Agreement on its Website, or otherwise informing the Member about the modification. In the event Member does not receive the notification, or does not explicitly acknowledge the acceptance of the modified Agreement, for whatever reason, the modified Agreement will still take effect immediately upon its publication by EGT, as stated in this section. Furthermore, any use of EGT Service by Member, after the date of such publication, shall be also deemed to constitute acceptance by Member of the modified Agreement.
2.1. EGT will provide one or more of the following services to Member (“Service” or “Services”):
a) Use of easygotraveler.com website and its subdomains (the "Website") and any functionality available on the Website. The term Website shall include any written communications (email) that EGT may send to Member.
b) Travel consultation or advice provided to Member by EGT.
c) Services shall not include any products, goods, or services provided by any third party (including, but not limited to services provided by airlines, hotels, credit card companies, or other products/services recommended to Member by EGT).
2.2. EGT is a consultant providing travel recommendations and advice to Member. EGT will take best efforts to provide Member with consultation on strategies to earn points / miles, and EGT may assist Member in identifying flight redemption opportunities for Member. Services provided to Member by EGT shall be in EGT's sole discretion. EGT may refuse to provide consultation services to Member. EGT makes no warranty as to the timeliness, quality, quantity, effectiveness, or value of the Services.
2.3 EGT is not a travel agent. EGT does not provide transportation, accommodation, or any other travel services. EGT's Services are limited to travel consultation services.
2.4 EGT does not provide financial advice. Member is under no duty to follow the advice of EGT. Member understands that he/she has the opportunity to seek advice from a third party financial advisor prior to taking any action which may have a financial impact upon Member, including, but not limited to, applying for credit cards, canceling credit cards, and making purchases from third parties. Member relies upon EGT's Services at Member's sole risk.
2.5. EGT shall have the right, in its sole discretion, at any time and without prior notice, to modify the Services or any part thereof. Any modified portion of the Services shall be subject to this Agreement.
3. Charges and Consideration
3.1. EGT publishes the prices for Services, effective at any point in time. EGT reserves the right to change its pricing policy at any time, in its sole discretion.
3.2. Upon subscribing to an EGT membership, Member agrees to pay the membership fee pricing policy effective at the time of enrolling in the Subscription. Membership fees are available at https://www.easygotraveler.com/membership-levels. Subject to the terms set forth in this Agreement, Member is agreeing to pay to EGT a minimum of one year of membership fees (the "Minimum Fee"). Member may terminate this Agreement in accordance with the terms set forth in Section 9.4 of this Agreement. In case of termination of this Agreement by the Member for any reason, Member remains responsible for payment of the Minimum Fee to EGT. Upon termination by Member, Member shall not be eligible for any refund of membership fees collected by EGT. In case of termination by EGT for any reason and at any time, Member will not be eligible for any refund, however EGT may, in its sole discretion, issue a partial refund to the Member, prorated by the amount of time that Services were actually provided relative to the full Subscription period.
3.3. EGT shall have the right to correct billing errors at any time. Member must notify EGT within 3 months about any errors in billing. Member releases EGT from all liability and claims of loss resulting from any error that Member does not report to EGT within 3 months after the error appears on Member’s credit card statement.
4. Content and Proprietary Rights
4.1. For the purposes of this Agreement, “EGT Content” shall mean data and information which may be text, audio, video, graphics, web links, or of other nature, which had been developed by EGT itself, or sourced from other third parties. EGT obtains EGT Content from multiple sources. Some of the EGT Content is owned by EGT, and some may be owned by other third party providers or other members of the Service. All EGT Content is the sole property of EGT or a third party provider as the case may be, and is protected by United States and international copyright laws. Member may not post, display, publicly perform, distribute, sell, reproduce, create derivative works of, or otherwise exploit in any way any EGT Content without obtaining the prior written consent of EGT or the owner or holder of property rights to the particular element of EGT Content. Nothing in this Agreement, or otherwise between EGT and Member, should be construed as granting any license to EGT Content to the Member.
4.2. For the purposes of this Agreement, “Member Content” shall mean any data and information which may be text, audio, video, graphics, web links, or of other nature, which had been provided to EGT by Member, by any means including EGT Website, EGT social media accounts, or any other platform monitored, managed, or otherwise hosted by EGT. Member shall not submit Member Content which is harassing, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to a reasonable person. Member agrees not to submit to EGT any Member Content without first obtaining the prior written consent of the owner or holder of property rights to any particular elements of the Member Content which may be owned by third parties other than Member.
4.3. EGT shall have the right, at any time, with our without notice, in its sole discretion, to monitor Member Content, and reject, modify, or delete any Member Content. Notwithstanding the foregoing, Member acknowledges that EGT is not required to moderate content submitted by third parties or other members, and that Member may be exposed to inappropriate content, which shall not cause any liability to EGT.
5. Member Representations
5.1. Member represents and warrants that:
a) Member is a natural person who is at least 18 years old, or a duly registered incorporated business entity.
b) Member has the right and power to enter into this Agreement.
c) Member provided the registration information that is true, accurate, current and complete, and will make timely updates to keep it current at all times.
d) Member must evaluate, and bear all risks associated with, the use of any content, data, or information derived from the Services, including any reliance on the accuracy, completeness, or usefulness of such content.
e) The right to use the Services is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member's account and for ensuring that all use of the Services complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member's third-party accounts, passwords, and personal data.
f) Member shall not duplicate, reproduce, redistribute, sell, or exploit for any commercial purposes, any of the Service or EGT Content to any third party.
g) Member will not use the Services in any way that would lead to a breach of a law, order or regulation. Member will not use the Services in any way that would lead to infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party.
g) Member will not use the Services in any way that EGT deems, in its sole discretion, to be an abuse, misuse, harmful, or otherwise improper utilization of the Services.
5.2. IF MEMBER PROVIDES ANY THIRD-PARTY SIGN-IN CREDENTIALS TO EGT, MEMBER HEREBY EXPRESSLY APPROVES EGT TO ACT AS ITS AGENT AND TO LOG INTO SUCH THIRD-PARTY WEBSITES USING SAID SIGN-ON CREDENTIALS IN ORDER TO RETRIEVE INFORMATION ASSOCIATED WITH MEMBER’S ACCOUNT WITH SUCH THIRD-PARTY WEBSITES. Member agrees to comply with the terms, conditions and rules of the third parties that Member has accounts with.
6. EGT Representations
6.1. THE EGT SERVICES AND EGT CONTENT ARE PROVIDED “AS IS” AND "AS AVAILABLE". EGT MAKES NO WARRANTY THAT: (a) SERVICE WILL MEET MEMBER’S REQUIREMENTS; (b) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
6.2. EGT SHALL NOT BE LIABLE FOR ANY ERRORS IN THE EGT CONTENT, OR FOR ANY ACTIONS TAKEN BY MEMBER OR OTHERS IN RELIANCE THEREON. ANY USE OF THE EGT SERVICE AND EGT CONTENT IS AT MEMBERS SOLE AND ABSOLUTE RISK.
6.3. EGT MAKES NO REPRESENTATIONS AND GRANTS, NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. EGT DOES NOT WARRANT THAT WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.4. EGT is under no obligation to operate, maintain, or repair EGT Service or provide EGT Content. EGT has no responsibility or liability for the deletion or failure to store any Member Content and other data maintained or transmitted by the EGT Service.
6.5. EGT may display or send via email advertising and provide links to external websites. EGT may have business relationships with some of the advertisers on EGT Website and other EGT Content, and may receive financial or other compensation when a member chooses to engage in business dealings with such third parties. EGT is not responsible for examining or evaluating the websites or offerings of the third parties. Member’s dealings with advertisers found on or through EGT Content, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Member and such third party. EGT shall not be responsible or liable for any loss or damage of any sort incurred by Member as the result of any such dealings, even if EGT assisted in billing for the third-party offering.
6.6. EGT reserves the right to access Member’s account and Member’s Content, monitor Member’s activity with the Service, and use the resulting information about the Member in order to enhance, configure and customize EGT Service, or other operational and business purposes.
7.1. IN NO EVENT SHALL EGT BE LIABLE TO MEMBER OR THIRD PARTIES FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, DISCLOSURE OF DATA, LOSS OF REPUTATION, DEFAMATION, COPYRIGHT OR PATENT INFRINGEMENT, OR CLAIMS BY THIRD PARTIES, OR FOR OTHER COSTS OR CLAIMS, OR ANY FORM OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF EGT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH DAMAGES ARE CAUSED WHOLLY OR IN PART BY THE NEGLIGENCE, ERROR, OR OMISSION OF EGT, ITS EMPLOYEES, SUBCONTRACTORS, AND THEIR RESPECTIVE AGENTS.
7.2. THE TOTAL CUMULATIVE LIABILITY OF EGT IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY MEMBER TO EGT FOR THREE (3) MONTH PERIOD PRECEDING THE OCCURRENCE OF LIABILITY.
7.3. The limitations on and exclusions of liability for damages in this Agreement apply regardless of the form of action, regardless of whether any remedy has failed its essential purpose, and regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranty, or any other legal theory.
7.4. Without limiting the foregoing, Member expressly agrees that:
a) While EGT may provide information about third party goods and services, it is Member’s responsibility to verify terms, conditions, policies, and procedures of any third party services related to accumulation or use of miles / points, and in case if any miles / points are lost as a result of inaccurate information reported by EGT or any other reason, EGT is not liable for such loss in any way.
b) While EGT may gather Member itineraries and may notify Member of flight information, EGT is not responsible for missed flights due to inaccurately reported dates or times of such flights. Member is responsible to verify itinerary details directly with third party providers such as airlines, hotels, rental cars, etc.
c) EGT is not responsible or liable for modification or cancellation of Member’s reservations by the corresponding third party travel providers.
d) EGT is not responsible and does not guarantee the availability of award flights, the value of award redemptions provided by third party providers, or the availability or quality of any services provided by third parties.
8.1. Member will indemnify, defend and hold harmless EGT and EGT’s officers, shareholders, directors, employees, agents (collectively, the “EGT Indemnified Parties”), from and against all liabilities, obligations, causes of action, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including attorneys’ and accountants’ fees and disbursements) including without limitation, damage to property or bodily injury, and costs arising from a claim, demand, proceeding, suit or action by a third party (“Third Party Claims”), incurred by or asserted against any of the EGT Indemnified Parties to the extent such Third Party Claims relate to, arise out of or result from Member’s use of EGT Service and EGT Content, including but not limited to: (i) any willfully or intentionally wrongful, or negligent, act or omission of the Member or any of its employee, agent or subcontractor, relating to this Agreement; (ii) Member’s failure to perform or improper performance under this Agreement, or breach of or inaccuracy in any of Member’s representations or warranties contained in this Agreement; (iii) any actual or alleged infringement or misappropriation of any intellectual property right by Member; (iv) Member’s failure to comply with any laws. This indemnity shall survive termination of this Agreement.
9. Term and Termination
9.1. The effective date of this Agreement is the date of acceptance of this Agreement by the Member, by means of clicking to confirm enrollment in a Subscription as part of the registration process with EGT, or the day of the first use of EGT Services by Member, whichever is earliest.
9.2. EGT shall have the right, in its sole discretion, at any time and without prior notice, to
a) restrict, suspend, or terminate Member’s access to all or any part of the EGT Services.
b) delete Member Content, Member data, Member account, or any other information associated with the Member.
c) terminate this Agreement.
9.3. When EGT terminates this Agreement, it will make a reasonable effort to notify the Member about such termination and the effective date thereof, though lack of such notice shall not be constructed as a limitation of EGT’s ability to terminate without notice.
9.4. No earlier than 12 months after Member enrolls in a Subscription for EGT Services, Member shall have the right to terminate this Agreement at any time, by notifying EGT in writing with no less than 30 days advance notice. In the event of Termination by Member, all Membership Fees paid by Member for EGT Services shall be forfeited to EGT. For avoidance of doubt, not using EGT Service by the Member for any period of time does not constitute termination of this Agreement.
10.1. This agreement contains the entire understanding of the parties hereto relating to the subject matter hereof. Modifications and amendments to this Agreement shall be valid and enforceable only if they are in writing and are published by EGT as described herein or otherwise communicated by EGT to Member, or are signed by authorized representatives of both parties.
10.2. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party.
10.3. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance shall at any time or to any extent be determined to be invalid or unenforceable under any provision of applicable law, then such provision shall be replaced by a valid provision which comes closest to the intentions of the parties to this Agreement. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision of this Agreement.
10.4. EGT may assign this Agreement, in whole or in part, at any time with or without notice. Member shall neither assign nor delegate its rights or obligations hereunder in whole or in part to any person..
10.5. This Agreement, and all matters or issues collateral hereto, shall be governed by and construed and interpreted in accordance with the laws of the State of Nevada, without regard to any principles of choice or conflicts of law.
10.6. Member agrees that breach of this Agreement by Member will cause irreparable harm to EGT, for which monetary damage would be difficult to ascertain or insufficient to remedy, thereby entitling EGT to immediate, injunctive relief without the requirement of posting bond or paying costs.
10.7. Any dispute relating to this Agreement shall be submitted to arbitration in Las Vegas, Nevada. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
10.8. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including attorneys’ fees.
10.9. Any provision of this Agreement that contemplates performance or observance subsequent to any termination or expiration of this Agreement will survive this Agreement for the period of such performance or observance.
Last updated: November 8, 2017