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Terms and Conditions
Clarcity Travel & Expense Terms of Use
Updated November 25, 2013
Please Read Carefully Before Using This Website:
Clarcity, LLC maintains Clarcity Travel & Expense for the purpose of booking business travel and managing company expenses. This webpage contains the Terms of Use governing your access to and use of Clarcity Travel & Expense websites (hereafter referred to as the “Websites”) and the telephone reservation and support center (hereafter referred to as the “Center”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Websites or the Center.
1. Overview
YOUR USE OF THE WEBSITES AND THE CENTER IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITES AND THE CENTER.
2.Changes To Terms
Clarcity LLC may, at any time, for any reason and without notice, make changes to (i) the Websites, including its look, feel, format, and content, (ii) the products and/or services as described in these Websites, as well as (iii) the Terms of Use. Any modifications will take effect when posted to the Websites. Therefore, each time you access the Websites or use the Center, you need to review the Terms of Use upon which your access and use of the Websites and the Center is conditioned. By your continuing use of the Websites and the Center after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Websites and the Center are directed to individuals and entities located in the United States. They are not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Websites and the Center and their content, including their products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on these Websites. Clarcity LLC makes no representation that the content on the Websites (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access these Websites from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use
The Websites comprise a corporate travel self booking tool and expense management system. The Websites and the Center allow you to rent hotel rooms and rental cars, purchase airline tickets, and purchase, rent, lease or otherwise procure other travel related products and services (hereafter referred to as Products) from airlines, hotels, rental car companies, other vendors of travel products and services, and their resellers (hereafter referred to as Merchants). The Websites also allow you to prepare, submit, approve and process electronic expense reports which may incorporate data from travel bookings, images of receipts, corporate and personal payment card transactions, and other information that you submit.
You may not store, modify, reproduce, transmit, reverse engineer or distribute any portion of the Content on these Websites, or the design or layout of the Websites or individual sections of it, in any form or medium. You agree not to submit to the Websites any data which contains a virus, worm, Trojan horse or any other harmful component or otherwise violate any applicable laws.
Any other use, any reproduction, any transmission or any distribution of any information, software or other material available through the Websites without the prior written consent of Clarcity LLC is strictly prohibited.
When you create an account, you agree to receive emails that will be sent to the email account that you provide to us. You may opt out of receiving these emails at any time by closing your account.
5. Products
Clarcity LLC has no liability for Products sold including without limitation the legality, quality, safety, or suitability of any Products. You are solely responsible for complying with all terms and conditions, disclaimers, and restrictions relating to the Products you choose to purchase. You acknowledge that Clarcity LLC makes no guarantee of the accuracy of information provided about the products, including without limitation prices, descriptions, cancellation policies, and other terms and conditions. You are solely responsible for ensuring that you have the necessary visas, passports, and meet the foreign entry requirements for countries that you visit.
The prices for international travel Products may be displayed in US dollars or may be displayed in local currency. Clarcity LLC does not guarantee the accuracy of currency quotes used to translate prices in local currency to US dollars and actual rates may vary.
6. Accounts and Security
Clarcity LLC does not warrant that the functions contained in the service provided by the Websites will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. The Websites may be modified, suspended, or discontinued at any time without notice or liability.
As part of the registration process, each user will select a password (“Password”) You shall notify Clarcity LLC of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
You shall be solely responsible for all activity on your account, including but not limited to purchasing Products from Merchants and creating, submitting, approving, and otherwise managing expense reports. You acknowledge that Clarcity LLC is not responsible for transactions made using your account, you agree to pay for all Products purchased using your account, and you agree to reimburse Clarcity LLC for all payment card chargebacks resulting from activity in your account. You acknowledge that any person with knowledge of your user name and password may be able to access your travel itineraries, expense report data, payment card transaction data, and any other information provided to Clarcity LLC or collected in the course of your use of the Websites and Center and you accept all risk and responsibility for unauthorized access to this data.
You may designate one or more users (hereafter referred to as Travel Arrangers) who may access key features and functionality of your account including but not limited to purchasing Products from Merchants and creating, submitting, approving, and otherwise managing expense reports. Travel Arrangers may pay for Products using your credit or debit card and view your travel itineraries, payment card transaction data, and other confidential information. You shall be responsible for all activity on your account made by Travel Arrangers, including but not limited to purchasing Products from Merchants and creating, submitting, approving, and otherwise managing expense reports. You acknowledge that Clarcity LLC is not responsible for transactions made using your account by Travel Arrangers, you agree to pay for all Products purchased using your account, and you agree to reimburse Clarcity LLC for all payment card chargebacks resulting from activity in your account by Travel Arrangers.
8. Payment Card Transaction Data
You may enable the Websites to automatically aggregate your payment card transaction data (thereafter referred to as Card Data) including but not limited to transaction dates, vendor names, and transaction amounts. This information may be collected by reading a payment card statement that you provide to Clarcity LLC or may be obtained from your card issuing bank using authentication credentials supplied by you or your company. The Websites use Plaid Technoloies (dba Plaid.io) to provide the Card Data to us from your card issuing bank. Plaid Technologies privacy policy is available at https://plaid.io/privacy. You acknowledge and agree that Card Data will be treated in accordance with such policy. You expressly authorize and grant Clarcity LLC the right, power, and authority to access and transmit your personal and financial information (such as from third party banks) as reasonably necessary for Clarcity LLC to provide its service to you.
8. Copyrights and Trademarks
The Websites, including their organization and layouts, are copyrighted and protected by U.S. and international copyright laws and treaty provisions. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Websites; create derivative works from, link to or frame in another website, use on any other website, transfer, sell, or re-distribute to any third party any information obtained from this Site without the prior written permission of Clarcity LLC.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate these Websites without the prior written permission of Clarcity LLC.
9. Links
For your convenience, we may provide links to various other web sites that may be of interest to you and for your convenience only. However, Clarcity LLC does not control or endorse such web sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such web sites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from the Websites. These Terms of Use policy applies only to the Websites and Center and the products and services Clarcity LLC offers. If you decide to access any of the third party sites linked to these Websites, you do so at your own risk. Clarcity LLC disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on any other web site.
10. No Unlawful or Prohibited Use
As a condition of your use of the Websites, you warrant to Clarcity LLC that you will not use the Websites for any purpose that is unlawful, in violation of professional ethics requirements, or prohibited by these terms, conditions, and notices. You may not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party's use and enjoyment of the Websites including but not limited to cancel bots, worms, Trojan horses, SQL injection attacks and cross site scripting attacks. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites. You may not use, reproduce, or modify any graphics, design, software code, copyrights or trademarks from the Websites. You may not systematically retrieve data from the Websites using a spider, robot, or other automated process for any purpose. You may not attempt to gain unauthorized access to the account of another user for any purpose.
11. Fees
Clarcity LLC may charge service fees to purchase, exchange, or refund Products provided through the Websites or the Center. Clarcity LLC may also charge subscription fees to access the Websites or a part of the Websites. Clarcity LLC will bill your credit card for service fees and subscription fees as applicable. Service fees and subscription fees are not refundable unless otherwise indicated.
Clarcity LLC reserves the right to terminate your account immediately if the account becomes delinquent. Clarcity LLC may, at any time, change the fees charged for any product or service provided through the Websites or the Center. Clarcity LLC will notify you by email of any changes in fees no later than 30 days before the change is to take effect.
You shall be responsible for and shall pay any taxes imposed by any government for transactions incurred through the use of products and services provided by or sold through Clarcity LLC but excluding any taxes payable by Clarcity LLC in its normal course of business.
12. Termination
Clarcity LLC may terminate your account at any time for any reason or no reason. Clarcity LLC shall not be responsible for any damages incurred as a result of the termination of your account.
You shall have the right to terminate your account at any time for any reason or no reason. You shall be liable for all charges incurred prior to the termination. Clarcity LLC is not required to provide credits for partial periods on subscriptions if you initiate the termination.
13. Disclaimer of Warranty
THE WEBSITES, CENTER, AND ANY CONTENT ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH CLARCITY LLC EXPRESSLY DISCLAIMS. CLARCITY LLC DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT.YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM AGAINST CLARCITY LLC. CLARCITY LLC WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITES OR ANY CONTENT. CLARCITY LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITES AND USING THE PRODUCTS.NEITHER CLARCITY LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT THE TRAVEL AND EXPENSE PRODUCTS PROVIDED THROUGH THE WEBSITE WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR EXPECTATIONS OR REQUIREMENTS.SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of Illinois, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. Except as expressly provided under the "Arbitration" Section below, any controversy or claim arising out of or relating to these Terms of Use or these Websites(including any actions brought to enforce an arbitrator’s decision) shall be adjudicated in the state or federal courts located in Cook County, Illinois.
15. Separate Agreements
You may have other agreements with Clarcity LLC. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Clarcity LLC.
16. Age
You represent that you are at least 18 years of age and that you have the power and authority to enter into these Terms of Use.
17. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Clarcity LLC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or these Websites shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, 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 held in Chicago, Illinois, USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. You further agree that if Clarcity LLC incurs attorneys’ fees and costs to enforce payment or other obligations, Clarcity LLC will have the right to recover and be awarded such Attorneys’ fees and costs from you.
Subject to the limitations imposed by the "Governing Law, Location and Miscellaneous" Section above, judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE WEBSTES, CENTER AND PRODUCTS IS AT YOUR OWN RISK. CLARCITY LLC IS NOT RESPONSIBLE FOR THE FLIGHT, HOTEL, RENTAL CAR AND OTHER TRAVEL AND EXPENSE PRODUCTS AND THE WEBSITES AND IS NOT LIABLE FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OR USE OF THESE FLIGHTS, HOTELS, RENTAL CARS AND OTHER TRAVEL AND EXPENSE PRODUCTS AND USE OF THE WEBSITES. CLARCITY LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OF, ACCESS TO, USE OF,OR RELIANCE ON THE FLIGHTS, HOTELS, RENTAL CARS, AND OTHER TRAVEL AND EXPENSE PRODUCTS AND USE OF THE WEBSITES (EVEN IF CLARCITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SYSTEM.IN NO EVENT WILL CLARCITY LLC’S LIABILITY IN CONNECTION WITH A FLIGHT, HOTEL, RENTAL CAR OR OTHER TRAVEL OR EXPENSE PRODUCT AND USE OF THE SYSTEM EXCEED THE AMOUNTS PAID FOR SUCH PRODUCT.
19. Violation of Terms
You agree that monetary damages may not provide sufficient remedy to Clarcity LLC for violations of these terms, and you consent to injunctive or other equitable relief for such violations.
20. Indemnity
You agree to defend, indemnify, and hold Clarcity LLC, its parents, subsidiaries, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your activities on the Websites, (ii) your violation of these Terms of Use, (iii) your purchase of Products(iv) fraudulent bookings made using your Clarcity account (v) fraudulent bookings made using your credit or debit card on the Websites or through the Center.
You agree to defend, indemnify and hold harmless Clarcity LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees arising from your use of the Websites and Center, including but not limited to purchases of Products. You hereby release Clarcity from any and all claims or liability related to any Product purchased via the Websites or the Center.
The Merchant is solely responsible for providing the Products. Clarcity LLC acts as an intermediary between the Merchant and you. The Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its Products, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Products. You waive and release Clarcity LLC and its officers, directors, employees and agents from any claim, liabilities, damages, or injury arising from in connection the use of any Products procured through the Websites or the Center.
21. Severability
If any provision contained in these Terms of Use is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, legality, or unenforceability shall not affect the remaining provisions and portions of these Terms of Use.
22. Assignment
Clarcity LLC may assign its rights and obligations under these Terms of Use, and upon such assignment Clarcity LLC shall be relieved of any further obligation under these Terms of Use. You may not assign any of your rights and obligations under these Terms of Use to any third party.
23. Complete Agreement
This Agreement constitutes the complete agreement of the parties and supersedes all previous or contemporaneous communications, oral or written. The covenants contained in this Agreement, which, by their terms, require or contemplate performance by a party after the expiration or termination of this Agreement (including but not limited to confidentiality and payment obligations) shall be enforceable notwithstanding any expiration or termination of this Agreement.
