This User Agreement set forth below is for all users
This USER AGREEMENT (this "Agreement") and the policies referred to herein contain the terms and conditions that apply to your use of the Lifebooker online reservation services ("Reservations") and your purchasing of Lifebooker Loot (“Loot”) being offered at the URL: http://www.lifebooker.com and all affiliated websites owned and operated by Lifebooker, LLC (collectively, the "Site"). As used in this Agreement, "Lifebooker" or "we" refers to Lifebooker, LLC and "USER" or "you" refers to you. USE OF THE SERVICES AND THE SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT, LIFEBOOKER'S PRIVACY POLICY AND THE OTHER TERMS AND CONDITIONS OF USE IN EFFECT AT THE TIME OF USE.
Lifebooker provides the Services to USER for the purpose of assisting USER in locating participating service providers (each a "Service Provider"). While Lifebooker may be commonly referred to as a booking agent, we are, in fact, not an agent at all. Rather, we provide a venue for Service Providers to post availability of services and for USER to find availabilities for such services. Upon a USER's registration, the USER may choose his/her own password to access the Services through the Site. Thereafter, the Service enables USER to search for available services and Service Providers in an effort to assist USER in finding an availability advertised by a Service Provider. The availability of reservations is determined at the time of USER's query and Lifebooker makes no promises relating to the reservations availability. Some Service Providers may require that a credit card be provided before accepting your reservation. The credit card is only charged should the user violate the cancelation policy established by the service provider. Lifebooker never sends your credit card information directly to a service provider. Your credit card information is securely stored with Verisign and we encrypt certain sensitive information using Secure Socket Layer (SSL) technology. WE AT LIFEBOOKER TAKE OUR RESPONSIBILITY REGARDING THE PRIVACY OF YOUR CREDIT CARD INFORMATION VERY SERIOUSLY.
We are not involved directly in the financial transaction between Service Provider and USER. Although Lifebooker has taken certain steps to examine the credentials of our listed Service Providers, Lifebooker makes no guarantee regarding the skills of the Service Providers nor the quality of services provided. Lifebooker does not guarantee the quality of the services of any particular Service Provider on our Site. It is entirely up to the USER to determine whether a Service Provider is suited for a particular task. USER may then enter into a direct agreement with a Service Provider. The Service Providers are NOT EMPLOYEES OR AGENTS of Lifebooker. We make no guarantee that the Service Provider will accept your booking request (though we will reward you the USER if they do not). Should you have a dispute with any Service Provider, you must address such dispute with the Service Provider directly.
USERS are asked to cancel any reservations according to the policies specified by each Service Provider and are provided to the USER at the time of booking. In order for us to consider a cancellation official, notice of such cancellation must be sent to us through the Site. If you are unable to keep your reservation and you fail to provide us with notice of cancellation conforming with the policy of the service provider, Lifebooker will send you an email letting you know that our records indicate that you engaged in a late cancelation or no-show. By using the Services, USER agrees to receive no-show and late cancelation confirmations by email after a Service Provider reports your reservation was not honored or canceled late, whether or not that was in fact the case. Your account with us may be terminated if you fail to honor appointments. In addition, you will not be entitled to any reward in the event of a no-show or late cancelation. A Service Provider may not accept your reservation as a result of a previous no-show or late cancelation on your part. Lifebooker may charge your credit card in connection with a violation of the service provider’s cancelation policy. USER agrees that all no-show and late cancelation determinations and charges to credit cards will be made by Lifebooker in its sole discretion, and such determination shall be final and binding.
Lifebooker Loot are redeemable vouchers for goods and services offered by the seller of such goods and services hereafter defined as “Merchant”. By purchasing Loot the USER agrees to be bound by the terms of the specific Loot offering such as but not limited to expiration date, price, discount, and all limitations. The USER further acknowledges that the Merchant is the seller and issuer of the voucher for the goods and services and responsible for all products, services, voucher redemption issues, and solely responsible for all claims arising there from. Specific state redemption expiration requirements are solely the responsibility of the Merchant. Neither Lifebooker nor the Merchant are responsible for lost or stolen Loot Certificates. Loot cannot be combined with any other Gift Certificates, vouchers, or special offers from the Merchant unless otherwise stated. Lifebooker may allow the USER to return Loot purchases during a current offering to users. Once an offering is not available for purchase, Loot may not be returned or exchanged.
Lifebooker offers a reward system for all USERS. Rewards Dollars may be redeemed by USER in connection with reservations made through the Site (it being understood that under no circumstances will Lifebooker be obligated to pay the cash value of any Reward Dollars to USER directly). A USER's Reward Account will be automatically set up in connection with the earning of Reward Dollar. The amount of Reward Dollars earned, the value thereof, when, how and for what services Reward Dollars may be redeemed, and the expiration time for the use of such Reward Dollars will vary from time to time in accordance with the policies established by Lifebooker.
You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Lifebooker has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lifebooker has the right to refuse any current or future use of Reservations and Loot (or any portion thereof) by you. You are responsible for any use of Reservations and Loot or transactions conducted on the Site by persons to whom you allow access to your account.
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in this Agreement. You agree to use the Reservations to seek availabilities with Service Providers and to honor those reservations by arriving at Service Provider's place of business on time and paying for the services provided by the Service Provider. If you purchase Loot on the Site, you agree to redeem your purchase at the Merchant’s place of business and pay for the products or services provided by the Merchant using your purchased Loot Certificate according to the specifics of that certificate. If additional money, taxes, fees, are required for a Merchant’s product or services, you are responsible for paying these unless otherwise stated. You irrevocably grant Lifebooker unlimited use of your ratings and reviews. User reviews to do not necessarily reflect the views of Lifebooker. You agree that you are solely responsible for all risks associated with accuracy completeness or usefulness by others of your ratings and reviews. We reserve the right to revoke your access to the Site and services at any time and for any reason by our sole discretion. All information about the Service Providers is confidential and for your personal use only. If it is determined or suspected by Lifebooker in its sole discretion that you are misusing or attempting to misuse or circumvent the Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Lifebooker reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO LIFEBOOKER AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LIFEBOOKER AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS.
By using the Services, USER agrees to receive reservation and purchase confirmations by email and/or SMS text after booking a reservation or purchasing Loot through the Site. Notwithstanding the foregoing, you acknowledge and agree that you will still receive reservation confirmation emails, no-show confirmation emails, reservation cancellation confirmation emails, Reward Dollar balances, availability of use and expiration dates, other emails relating to reservations booked by you through the Site, purchase confirmations, return confirmations, Loot certificate confirmations, and other emails relating to Loot purchased by you through the Site, even if you have opted not to receive other periodic email from us. By providing information to us, or by submitting a reservation or making a purchase, you agree to being contacted by us and/or by Service Providers for any purposes related to the Services, the Site or a service request.
IN NO EVENT, INCLUDING BUT NOT LIMTED TO NEGLIGENCE, SHALL LIFEBOOKER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, PURCHASES, PRODUCTS, THE SITE OR ANY CONTENT CONTAINED ON THE SITE, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR RESERVATIONS OR PURCHASES), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY, ANY ACT OR OMISSIONS TO ACT BY, OR ANY MISREPESENTATION OR BREACH OF WARRANTY BY, ANY SERVICE PROVIDER OR MERCHANT. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE SITE.
THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, SERVICE PROVIDERS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND PRODUCTS ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. LIFEBOOKER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES,PRODUCTS< THE SITE, AND RELATED MATERIALS PROVIDED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY AGREE TO RELEASE LIFEBOOKER (AND OUR MEMBERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES, THE PRODUCTS, THE MERCHANTS, AND ANY OF THE SERVICE PROVIDERS.
The Site may contain links, clickable icon links, banner ads and any number of other internet links to Websites operated by parties other than Lifebooker. Such links are provided for USER's reference only, and Lifebooker does not control such Websites and is not responsible for their content. Lifebooker's inclusion of any links to such Web sites does not imply any endorsement of the material on such Websites or any association with their operators.
YOU AGREE TO INDEMNIFY LIFEBOOKER, AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICES AND PRODUCTS OR IN CONNECTION WITH THE SITE OR YOUR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
We do not control the information provided by Users, Service Providers, and Merchants. You may find other Users’, Service Providers’, and Merchants’ information to be inaccurate, harmful or offensive. By using the Services and Products you assume all of the risks associated with the use of the Site and the Service Providers and the Merchants and you agree to accept such risks and agree that Lifebooker is not responsible for the acts or omissions of USERS, Service Providers, and Merchants. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials.
By using the Site, you acknowledge and agree that the relationship between you and Lifebooker is that of independent contractors and not of principal-agent, joint ventures, partners, employer-employee; and no such relationship is intended or created hereby.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by us.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
This Agreement is made under and shall be governed by and construed in accordance with the laws of State of New York, without regard to any choice of law provisions.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Services or the Site, excluding legal action taken by us to recover damages for, or obtain an injunction relating to the Site, our intellectual property, and the Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Lifebooker reserves the right at all times to discontinue or modify any of our User Agreement and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our User Agreement and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our User Agreement and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the User Agreement and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Lifebooker’s posting thereof. Any use of Lifebooker by End User after such notice shall be deemed to constitute acceptance by End User of such modifications. If you have any questions regarding this Agreement or Lifebooker's terms and conditions of use, you may contact us by emailing support@lifebooker.com or calling 1-800-401-9258.