Terms of Service
Last Updated: Dec 5, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE AIRFORDABLE WEBSITE OR USING ANY OF THE AIRFORDABLE PRODUCTS, YOU AGREE TO BE BOUND BY THE (1) AIRFORDABLE TERMS OF SERVICE, (2) AIRFORDABLE E-SIGN AGREEMENT, AND (3) AIRFORDABLE PRIVACY POLICY, IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE AIRFORDABLE WEBSITE OR USE THE AIRFORDABLE SERVICE. THESE TERMS AFFECT YOUR RIGHTS WITH REGARD TO COURT PROCEEDINGS AND ARBITRATION. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING THE AIRFORDABLE SERVICE OR THE WEBSITE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
1. What are you agreeing to?
1.1. The Parties to this Agreement.
The Parties to this Agreement. These Terms of Service describe a contractual relationship ("Agreement") between you ("you" or "your") and Airfordable, Inc. (including its subsidiaries, affiliates, agents, and assigns) ("Airfordable," "we," "us," "our"), or any mobile app or application offered by or marketed by or on behalf of Airfordable or any other technology platform offered by Airfordable, (each an "Airfordable App"), (2) your use of the Website, the Airfordable app, or a third-party website in connection with a product or service offered directly by Airfordable, as applicable, (3) your use of any other service(s) offered through the Website or an Airfordable App, as applicable, (4) your access to your Airfordable account information and access to any service through the Website or an Airfordable App (collectively, the "Airfordable Service(s)" or "Service(s)").
1.2. Changes to this Agreement.
Airfordable may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the "Confirm Charge" button below the updated agreement). If this Agreement is changed, Airfordable will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective. If Airfordable makes any changes to this Agreement that it deems to be material, Airfordable will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.
1.3. Your Eligibility.
To be eligible to use the service, you must be at least 18 years old and a resident of the United States. You represent and warrant that you are eligible to use the service.
2. How Airfordable will serve you?
2.1. The Airfordable Service.
Flights
Airfordable offers the possibility to acquire airline tickets from airlines through the Airfordable website or its mobile app. Users pay an upfront payment toward the cost of the ticket and then they pay Airfordable the remaining balance in up to four (4) installments. Once all payments have been paid in full, Airfordable will provide you with the airline e-ticket pursuant to Sec. 2.1.4 of this Agreement. Airfordable will secure tickets booked through their website or mobile app that match travel dates, times, airports, and air carriers of your choice that you selected and you hereby authorize Airfordable to do so. Airfordable reserves the right to purchase tickets using a booking partner of their choice without notice to the customer. These booking partners work in line with the airline's policies and have been carefully vetted to ensure an optimal customer experience.
Hotels
Airfordable offers the possibility to acquire rooms from hotels through the Airfordable website or its mobile app. Users pay an upfront payment toward the cost of the room and then they pay Airfordable the remaining balance in up to four (4) installments. Once all payments have been paid in full, Airfordable will provide you with the room confirmation number pursuant to Sec. 2.1.4 of this Agreement. Airfordable will secure the specific room that you selected and you hereby authorize Airfordable to do so. Airfordable reserves the right to reserve rooms using a booking partner of their choice without notice to the customer. These booking partners work in line with the hotelâs policies and have been carefully vetted to ensure an optimal customer experience.
2.1.1. Your Promise to Pay: Before completing any transaction through the Airfordable service, Airfordable will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and secure your affirmative consent to those terms for that transaction, including your promise to pay the Total Payments amount to Airfordable or its assigns, by asking you to agree to the terms and conditions of the service on the final agreement screen if using our website or the checkboxes if using its mobile app.
2.1.2. Review Process: The Airfordable service has a review process that can take up to 24 hours after your booking submission. The Airfordable review process is in place to verify the information youâve provided for your booking including but not limited to the authenticity of your screenshot if booked through our website, confirm inventory availability and the price matches the airline, hotel or booking partnersâs inventory at the time you booked on Airfordableâs website or mobile app or if Airfordable can take on bookings at the time of your booking submission. In the event your booking doesnât get approved, youâll be notified with this information within 24 hours with your options, and any payments you made are refunded to you immediately if you request this option or we do not hear from you within 24 hours. Airfordable uses Stripe as a third-party payment processor for payments. According to their refund payment process, it can take up to 7-10 business days for the amount to appear back in your bank account. For any questions about this please refer to www.stripe.com.
2.1.3. Payments: If approved, your first installment after the upfront payment will be due no sooner than 14 days after your booking submission. This installment and the subsequent three scheduled installments (if any) are charged automatically and no action is required on your part. We will send you payment reminders days before the scheduled dates should you need to make changes to your payment method. You authorize Airfordable to charge each installment due on its scheduled date. You agree to not initiate a chargeback on any of your scheduled payments after agreeing to Airfordableâs terms of service including its non-refundable policy before using the Airfordable service. Doing otherwise will be considered a ruse for getting an unwarranted refund. You agree Airfordable is entitled to legally pursue you for the costs and losses incurred for maliciously filing a chargeback.
2.1.4. Receiving your e-ticket or room confirmation code:
Flights
You will receive your e-ticket information including the airline confirmation code in an email sent by Airfordable after your last payment has been successfully charged. This is also made available in our mobile app under Trips.
Hotels
You will receive your room confirmation code in an email sent by Airfordable after your last payment has been successfully charged. This is also made available in our mobile app under Trips.
2.1.5. No Prepayment Penalty: You may satisfy your payment obligation in the Airfordable mobile app on any date prior to the date of your final payment by paying Airfordable an amount equal to the unpaid balance.
2.1.6. Changes to Airfordable terms: Airfordable may unilaterally decide to change these Airfordable Terms from time to time. If these Airfordable Terms are changed, Airfordable will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective.
2.1.7. Discount Expiration:
Referral Discounts: Airfordable will issue a discount through its referral program for each person that signs up and books a flight or room using a unique referral link, or who has someone sign-up and book using their unique referral link. The value of the discount is at Airfordableâs discretion. Discounts expire 12 months from the date of issue.
Other Discounts: Airfordable may issue other discounts at their discretion for a limited number of reasons. These discounts expire 12 months from the date of original issuance unless otherwise communicated to the customer.
2.1.8. Service Fee is Non-Refundable: By using the Airfordable Service, you agree to pay the service fee as charged by Airfordable. No matter the outcome of the booking, this fee is non-refundable.
2.2. Collecting Information About You.
By using the Website, Mobile app or Airfordable Service, you authorize Airfordable, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third-party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. Airfordable reserves the right to close, suspend, or limit access to your account and/or the service in the event we are unable to obtain or verify this information.
2.3. Payment Defaults & Cancellations
You agree to allow Airfordable to send you payment reminders from time to time. Notwithstanding whether you have consented or withdrawn your consent to the Airfordable E-Sign Consent, you agree that payment reminders may take the form of any available communication.
You also agree that if you fail to pay an amount owed to Airfordable or request to cancel your booking and/or confirm cancellation after 24 hours of your booking submission, Airfordable will cancel your ticket(s) and/or room reservation and all payments paid are non-refundable including the service fee. Bookings made within 7 days of departure do not qualify for a refund within 24 hours. A cancellation fee may be required to cancel. Failure to pay this fee will result in a restriction placed on your Airfordable account and any future accounts youâre associated with.
You also agree that in the event of a cancellation due to non-payment or accidental cancellation on your part, you may have the option to reinstate your booking for a fee as a one-time exception for a limited period of time, as determined by our system. If not paid, your booking will remain permanently canceled.
2.3.1 Canceling one or more tickets/rooms in a group booking: You agree if you were to cancel one or more tickets/rooms in a group booking, all installments already paid are non-refundable and also not transferable to the rest of your installment schedule. As a result, your future installments would be updated to reflect the number of tickets/rooms left on the booking. A cancellation fee may be required at the time of cancellation for each canceled ticket/room. Failure to pay this fee will result in a restriction placed on your Airfordable account and any future accounts you or the rest of travelers/guests on the booking are associated with.
2.4. Changes or Cancellations
Flights
2.4.1 Changes or cancellations done by the airline: You authorize Airfordable to manage your flight booking and its protection process while youâre on an active installment plan. You acknowledge that the airline may make flight schedule changes or cancellations at their discretion at any time due to reasons of their own and you understand Airfordable has no control over it. You agree that Airfordable will communicate any schedule changes or cancellations notifications performed by the airline and offer you options as provided by the airline and in accordance with the airlineâs policy. You further agree that Airfordable cannot override the airlineâs policy. You also agree that if the options provided by the airline do not work for you and you wish to cancel, youâll be subject to Airfordableâs non-refundable cancellation policy.
Hotels
2.4.1.1 Changes or cancellations done by the hotel: You authorize Airfordable to manage your room reservation and its protection process while youâre on an active installment plan. You acknowledge that the hotel may make changes or cancellations at their discretion at any time due to reasons of their own and you understand Airfordable has no control over it. You agree that Airfordable will communicate any changes or cancellations notifications performed by the hotel and offer you options as provided by the hotel and in accordance with their policy. You further agree that Airfordable cannot override the hotelâs policy. You also agree that if the options provided by the hotel do not work for you and you wish to cancel, youâll be subject to Airfordableâs non-refundable cancellation policy.
Flights
2.4.2 Flight Change requested by the customer while on an active installment plan: You agree that if you need to make changes to your ticket and have not paid in full, you must contact Airfordable at team@airfordable.com and we will assist you in accordance with the airlineâs policy. Not contacting Airfordable to make any requested changes could automatically flag your ticket as fraudulent, prevent you from receiving confirmed tickets and ultimately disrupt your travel plans. Depending on the airline youâve booked with, they may charge a change fee or the fare difference. Per your approval, Airfordable will charge this amount upfront to your card on file before any of your requested changes can be done. For change requests on bookings with only one payment left, you agree the last payment must be paid first to complete your payment plan after which we will send you your ticket information and give you access to make changes directly with the airline or our booking partner.
Hotels
2.4.2.1 Hotel Change or cancellation requested by the customer while on an active installment plan: You agree that if you need to make changes or cancellation to your room reservation and have not paid in full, you must contact Airfordable at team@airfordable.com and we will assist you in accordance with the hotelâs policy. Not contacting Airfordable to make any requested changes could automatically flag your reservation as fraudulent, prevent you from receiving a confirmed reservation and ultimately disrupt your travel plans. Depending on the hotel youâve booked with, they may charge a change fee or the cost difference. Per your approval, Airfordable will charge this amount upfront to your card on file before any of your requested changes can be done. For change requests on bookings with only one payment left, you agree the last payment must be paid first to complete your payment plan after which we will send you your reservation details and give you access to make changes directly with the hotel or our booking partner.
Flights
2.4.3 Flight change or cancellation requested by the customer after completing installment plan: Once you acquire the full rights to the ticket information, all change or flight cancellation requests must be done directly with the airline or the online travel agency. Airfordable will release access to you and provide you with the necessary information needed for you to gain access to your ticket(s) and pass security verifications as required by the airline or booking partner.. Thereafter, you understand Airfordable is no longer the point of contact once all your installments are paid in full.
Hotels
2.4.3.1 Hotel change or cancellation requested by the customer after completing installment plan: Once you acquire the full rights to the room reservation, all change or cancellation requests must be done directly with the hotel or our booking parnter. Airfordable will release access to you and provide you with the necessary information needed for you to gain access to your ticket(s) and pass security verifications as required by the hotel or booking partner. Thereafter, you understand Airfordable is no longer the point of contact once all your installments are paid in full.
2.5. Communication & Notification.
You agree that Airfordable may send you communications about your account and the Airfordable Service electronically or through phone calls, text messages(sms), emails, mobile app notifications or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Airfordable reserves the right to close or limit access to your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Airfordable Service relies (e.g., Facebook, Twitter, Google, etc.) or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you within 24 hours of the time we contact you or otherwise send it to your attention (such as via sms, mobile app or online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.
If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting(sms), mobile app notifications or e-mail, a mobile phone or landline you you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours), any email address you provide to us or one of our partners, automated dialer systems and automatic telephone dialing systems, pre-recorded or artificial voice messages and other forms of communications.
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message(sms), or data charges. You understand and agree that Airfordable may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Airfordable or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Airfordable may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Airfordable, and Airfordable does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Notwithstanding this provision, Airfordableâs delivery of any Disclosures governed by the Airfordable E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
2.6. Working with Third Parties.
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Airfordable account, you acknowledge that Airfordable may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Airfordable responsible for, and will indemnify Airfordable from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
2.7. Cancelling transactions
Airfordable may choose not to provide service to you, to a specific airline, hotel or an online travel agency at any time for any reason, including but not limited to, your history of transactions on our site. Airfordable may cancel transactions or your payments at any time if you violate any term of this Agreement.
3. Your use of Airfordable.
3.1. Agreement to Provide Accurate Information.
When you provide information to Airfordable, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
3.2. Delays in Processing.
In some cases when you attempt to use the Airfordable Service to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and can be cancelled at any time until it is confirmed by Airfordable.
3.3. User Responsible for Fees.
If you use the Airfordable Service, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data service, and any other fees that your phone service provider may charge.
3.4. Payment Methods.
You may use the acceptable methods of payment for automatic recurring scheduled payments.
Currently acceptable methods of payment are:
- Debit & Credit Card â Automatic payments made by debit or credit card will be subject to the terms and conditions established by the card issuer. If charges cannot be processed through your debit or credit card, and are returned for insufficient funds, you will be responsible for any fees incurred and Airfordable will have no liability with respect thereto.
3.5. Access to Your Account.
You are responsible for maintaining the secrecy of the login credentials to your Airfordable account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Airfordable account and to any third Party account you have used to login to your Airfordable account. You are also responsible for maintaining the accuracy of the information in your Airfordable account.
3.6. Website and Mobile app Content
The information on the Airfordableâs website is for information purposes only. It is believed to be reliable, but Airfordable does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice. Access to the service may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Airfordable.
3.7. Links to Other Websites.
Links to non-Airfordable websites are provided solely as pointers to information on topics that may be useful to users of the service, and Airfordable has no control over the content on such non-Airfordable websites. Airfordable makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Airfordable warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Airfordable, you must do so at your own risk. Airfordable does not guarantee the authenticity of documents on the Internet. Links to non-Airfordable websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or service offered at such sites, or any representation regarding the content at such websites.
3.8. Closing Your Account.
You may close your account at any time in our mobile app or by contacting us at team@airfordable.com. Upon account closure, if you owe any payment(s), Airfordable will not close your account until that payment(s) has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. Airfordable will retain your information in accordance with our Privacy Policy.
3.9. Dormant Accounts.
Airfordable may close your account if you do not log in to the Website or use the Airfordable Service for two or more years. Airfordable will retain your information in accordance with our Privacy Policy.
4. How you may NOT use Airfordable.
By using Airfordableâs Website or Service, you agree that:
4.1.
You will not engage in any activities related to the service that are contrary to any applicable law or regulation or the terms of any agreements you may have with Airfordable.
4.2.
You will not provide false, inaccurate, or misleading information to Airfordable.
4.3.
You will not provide information belonging to any person other than yourself.
4.4.
You will not use an account that belongs to another person for yourself or on behalf of another person.
4.5.
You will not create, maintain, or use more than one account on the Airfordable platform unless you have received written permission from an Airfordable representative indicating such an exception has been granted.
4.6.
You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the service or to surreptitiously intercept or expropriate any system, data or personal information from the service.
4.7.
You will not breach this Agreement or any other agreement or policy that you have agreed to with Airfordable.
4.8.
You will not commit unauthorized use of Airfordableâs Website and systems including but not limited to unauthorized entry into Airfordableâs systems, misuse of passwords, or misuse of any information posted to a site.
4.9.
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, âspamâ or any other such unsolicited overload technique.
5. How Airfordable will resolve disputes.
5.1. Disputes with Airfordable.
If a dispute arises between you and Airfordable, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Airfordable at team@airfordable.com to try resolving your problem directly with us.
5.2. Mandatory Arbitration.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING THE SERVICE OR THE WEBSITE. Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Airfordable service, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the service that cannot be resolved directly between you and Airfordable shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the âAAAâ) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the âConsumer Rulesâ), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Airfordable will pay all arbitration fees and expenses.
The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Airfordable each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Airfordable and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our âAffiliatesâ).
Except as explicitly provided in elsewhere in this Agreement, all claims you bring against Airfordable must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Airfordable may recover from you attorneys' fees and costs up to $1,500 per claim, provided that Airfordable first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim
5.3. Restrictions.
You and Airfordable agree that any arbitration shall be limited to the dispute between Airfordable and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
5.4. Exceptions to Informal Negotiations and Arbitration.
You and Airfordable agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Airfordableâs intellectual property rights; and (2) any claim for injunctive relief.
6. MISCELLANEOUS PROVISIONS.
6.1. Operations.
Airfordable operates and controls the Service from its offices in the United States. Airfordable makes no representation that the Service are appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Airfordable to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the service may be subject to United States export controls. Thus, no software from the service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms of Use are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Airfordable or any other web site or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Airfordable) in full. The privileges granted to you under these Terms of Use will terminate immediately and automatically without notice from Airfordable if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. You may not assign these Terms of Use without Airfordableâs prior written consent, but Airfordable may assign these Terms of Use and its rights and obligations hereunder to any party at any time without any notice to you. These Terms of Use contain the entire understanding between you and Airfordable, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the service by Airfordable. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Airfordableâs request, you will furnish Airfordable any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Airfordable by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
6.2. Enforceability and Governing Law.
The failure of Airfordable to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and Airfordable with respect to the service. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The laws of the State of Delaware govern your access to, and use of, the service and the terms of this agreement.
6.3. Intellectual Property.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the service are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Airfordable or one of its affiliates. The copying, redistribution, use or publication by you of any part of the service, unless expressly permitted in this Agreement, is strictly prohibited. Use of the service does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the service does not constitute a waiver of any right in such information and materials.
6.4. Trademark.
âAirfordableâ is the marketing name for certain financial service activities of Airfordable as operator of the service. "Airfordable" is a trademark of Airfordable. Other featured words or symbols may be the trademarks of their respective owners.
6.5. Indemnification.
You agree to indemnify, defend and hold Airfordable and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the service or any violation of these Terms of Use.
6.6. WARRANTY.
Airfordable AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE service OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. AIRFORDABLE AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE service, INCLUDING ANY WARRANTY REGARDING NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AIRFORDABLE AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.
6.7. LIMITATION OF LIABILITY.
AIRFORDABLE AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE service. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AIRFORDABLE AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE THE LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICEWOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR service SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER AIRFORDABLE NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
6.8. Statute of Limitations.
You and Airfordable both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, Terms of Use or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
6.9. No Third-Party Beneficiaries.
This Agreement is between you and Airfordable. No user has any rights to force Airfordable to enforce any rights it may have against any you or any other user.
6.10. Government Use.
If You are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.
7. Updating your information
You agree that it is your responsibility to notify Airfordable of any changes to your primary email address, phone number, or any other contact information so that Airfordable can communicate with you electronically. You agree that Airfordable is not responsible for any delay or failure in your receipt of any Disclosure, text message, mobile app notifications or email notice that is not caused by Airfordableâs failure to send such a Disclosure or notice to the mobile device, phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile device, mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Airfordable Services, and to maintain and update promptly any changes in this information. To update your information, you can log into your account or contact Airfordable at team@airfordable.com.
8. Airfordable E-Sign Consent Agreement
This E-Sign Consent constitutes your consent to receive disclosures and other information in electronic form. In connection with the Airfordable service, Airfordable is required by law to provide you with certain disclosures. Without your consent, Airfordable is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should choose another payment option.
8.1. Consumer Consent
Before completing any transaction using the Airfordable Service, you will be asked to consent to the Airfordable Terms of Service by clicking "Create Account" or "Sign Up". This action constitutes your electronic signature and manifests your consent and agreement to the following terms:
- Airfordable may provide disclosures required by law and any other information about your legal rights and duties and your account to you electronically.
- Airfordable can send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, âDisclosuresâ) to you electronically via our website or to the email address that you have provided to us, either directly or indirectly via the merchant to whom Airfordable will send funds on your behalf.
- Airfordable will notify you via e-mail when the Disclosures are available. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever Airfordable sends you an email or text message regarding the Disclosures, that email will contain instructions regarding how to view the Disclosures.
- Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
- This consent applies to any transaction undertaken through the service in the past, to all future disclosures and communications on your account, to all future transactions in which you use the service, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
8.2. Minimum Requirements
You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
8.3. Withdrawing Consent
You are free to withdraw Your Consent at any time. If at any time you wish to withdraw Your Consent, you can send us your request by submitting a request through the âcontact usâ link at www.airfordable.com or emailing team@airfordable.com. If you decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and Airfordable may close or limit access to your account. You agree to pay any amount owed to Airfordable even if you withdraw Your consent and we close or limit access to your account. You agree to pay any amount owed to Airfordable even if you withdraw Your consent and we close or limit access to your account.
8.4. Legal Effect
Your consent to this E-Sign Consent means that Disclosures Airfordable provides to you electronically shall have the same meaning and effect as if provided in paper form. An text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if Airfordable had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 3, above, prior to receiving such Disclosures,
8.5. Miscellaneous
You agree that Airfordable may modify or change the methods of disclosure described herein, and that Airfordable may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you.
You also agree that Airfordable is not responsible for any delay or failure in your receipt of any email notice that is not caused by Airfordableâs failure to send such a notice to the phone number or email address you have provided for that purpose.