This Seat Alerts End User License Agreement ("Agreement") is a legally binding agreement between you (either as a natural person or the business entity that you represent in connection with the transactions contemplated below, collectively You, you, Your, or your) and Expert Travel Services, LLC (ExpertFlyer), a New York limited liability company regarding the ExpertFlyer Seat Alerts Red App computer software that is available to you via the Sabre Red App Centre ("Seat Alerts"). By installing or using Seat Alerts you represent and warrant to ExpertFlyer you have the authority and power to enter into (and perform your obligations under) this Agreement and that you agree to be bound by the terms of this Agreement.
You and ExpertFlyer agree as follows:
(2) Limited License to Use Seat Alerts. ExpertFlyer hereby grants to you a personal, revocable, nonexclusive, nontransferable, limited, and worldwide right during the term of this Agreement to access and use Seat Alerts via the Internet and with no right of duplication or further distribution, licensing, or sub-licensing. You will not and do not have any right to retain or otherwise store any information obtained from your use of or access to Seat Alerts any information on any database or other device that you possess and/or control. You are strictly prohibited from modifying, translating, renting, leasing, copying, transferring, or assigning all or part of Seat Alerts, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from Seat Alerts. Furthermore, you are not authorized to and will not create derivative works of Seat Alerts. You acknowledge that no title of ownership to any the intellectual property arising from Seat Alerts (or your use of or access to Seat Alerts) is transferred to you and acknowledge that title and full ownership rights to Seat Alerts (and all roots and derivatives thereof) will remain the exclusive property of ExpertFlyer. You will not (and are not authorized to) attempt or allow any other person (whether or not such other person is your agent) to reverse compile, modify, translate or disassemble Seat Alerts in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic and immediate termination of the limited license in this Agreement. All access to and use of Seat Alerts (including all updates and upgrades of Seat Alerts) are governed by and subject to the provisions in this Agreement and the Red App Centre Agreement.
(3) Fees and Term. The fees due and payable by you to ExpertFlyer in connection with this Agreement and arising during the Term are set forth on the Seat Alerts product page in the Sabre Red App Center.
(4) Billing. This Agreement authorizes ExpertFlyer to automatically charge the Fees to your credit card account. I certify that the credit card account given to ExpertFlyer belongs (either solely or jointly) to me, and that any changes to or requests that ExpertFlyer cease automatically charging the Fees to the credit card account given to ExpertFlyer will be made solely by me. ExpertFlyer does not charge for your use of your credit card to pay the Fees; however, ExpertFlyer is not responsible for any fees or charges assessed by your bank or credit card issuer (or any other party with whom you have an agreement) for any transaction with ExpertFlyer. The Fees will be charged to your credit card after the date of ExpertFlyers invoice for services rendered during the preceding 30 or 31 calendar days. If for any reason ExpertFlyer does not receive from your credit card account the invoice amount that is due and charged to it, you will have until the 45th calendar day after ExpertFlyers invoice date to remit payment to ExpertFlyer for such invoice amount due. Any Fees that you pay are not refundable (except for any egregious billing, invoice process, or administrative errors (such as duplicative charges)).
You are required and have the sole responsibility (and will bear all costs, damages, and liabilities that you and/or ExpertFlyer incur as a result of your failure) to update your credit card information as and when necessary, such as when your credit card accounts mailing address changes and the expiration date. You may contact ExpertFlyer by delivering your request to CustomerCare@ExpertFlyer.com.
(5) Support. ExpertFlyer is solely responsible for (but is not obligated to provide) any support or customer service with respect to Seat Alerts. To request support or customer service, contact ExpertFlyer by delivering your request to CustomerCare@ExpertFlyer.com.
(6) Additional Disclaimer of all Warranties. In addition to any other disclaimers and damage limitations set forth in the Red App Sabre Agreement (notwithstanding any contrary, contradictory, or conflicting provision therein), Seat Alerts is provided "AS IS" without warranty of any kind. ExpertFlyer disclaims and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of Seat Alerts is with you. ExpertFlyer does not warrant that Seat Alerts will function as you intend or desire nor that the operation of Seat Alerts will be error-free.
(7) Legal Matters. The provisions captioned RESOLUTION OF DISPUTES (or any successor provision) in the Red App Centre Agreement is hereby superseded with the provisions in this section of this Agreement captioned Legal Matters. The validity, enforcement, construction, and interpretation of this Agreement are governed by the laws of the State of New York and the federal laws of the United States of America, excluding the laws of those jurisdictions pertaining to resolution of conflicts with laws of other jurisdictions. You and ExpertFlyer: (a) consent to the personal jurisdiction of the state and federal courts having jurisdiction in the State of New York, (b) stipulate that a proper and convenient venue for any legal proceeding arising out of this Agreement is the applicable court having jurisdiction in Suffolk County, New York, for a state trial court proceeding, and the United States District Court for the Eastern District of New York, for a federal trial court proceeding, and (c) waive any defense, whether asserted by motion or pleading, that those venues are improper or inconvenient. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN ANY LAWSUIT BETWEEN THEM THAT ARISES AT ANY TIME OUT OF THIS AGREEMENT, WHETHER AT LAW OR IN EQUITY, WHETHER BASED ON A CLAIM, CROSS-CLAIM, OR COUNTERCLAIM ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR COUNTERCLAIM, AND INCLUDING CLAIMS UNDER TORT, CONTRACT, CORPORATE, EMPLOYMENT, AND INTELLECTUAL PROPERTY LAWS. In any mediation, arbitration, or legal proceeding (including any appeal thereof) between you and ExpertFlyer, or ExpertFlyers affiliates, arising out of this Agreement, the non-prevailing party shall reimburse the prevailing party, on demand, for all costs incurred by the prevailing party in enforcing, defending, or prosecuting this Agreement.
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Recently downloaded the lastest version 1.0.19, and it is a huge boost for its productivity. A great time saver and well worth every penny.
Paull travel June 19, 2013
Great app, agents love it, no more seat que to continually check
March 30, 2015
September 27, 2014
- Added feature to be able to specify ranges of Specific Seats for an alert - Bug fixes
September 16, 2014
- Added feature to be able to specify ranges of Specific Seats for an alert - Bug fixes
Expert Travel Services, LLC.
ExpertFlyer.com was designed to meet the needs of the frequent flyer and professional travel managers since 2005. Offering unique services such as Flight and Seat Alerts®, ExpertFlyer provides its subscribers and corporate travel managers alike with a complete, concise and efficient way to access the ever-changing details of worldwide air travel information.