Terms and Conditions

The following applies to all users of the GoPuffin website (“Website”), and you hereby agree to the following terms. The GoPuffin Website is owned and operated by GoPuffin Inc. ("GoPuffin," "we," “us”). These complete Terms of Service constitute a binding legal agreement between you and GoPuffin in regards to your use of the Website (in conjunction with the Privacy Policy; the "Agreement"). If you refuse these Terms of Service, please terminate your use of the Website immediately.

Your Duties Under These Terms

The GoPuffin Website is for personal, private use only; GoPuffin grants you a limited and revocable right to use the Website for those personal purposes. You signify that all information supplied by you on the Website is true, accurate, current, and complete. You may search on the behalf of others, such as friends and family, however, should you book a flight on someone else’s behalf, you indicate that you are authorized to book that travel, and you further agree to notify that person about all terms, conditions, rules, restrictions, and anything else that apply to that particular booking.

You may not, without authorization, in writing by GoPuffin in advance:

  1. Reuse any of the data in the Website, mirror any part of the Website, and/or frame any part of the website for any other service, website, etc.
  2. Meddle with the functionality of the Website by any means, including but not limited to automated methods, bots, scrapers, brute-force tools, etc.
  3. Bypass any limits or controls that have been placed on your access to the Website.
  4. Impose an unreasonable or unusually large load on the Website and the service it provides. This determination is at GoPuffin’s sole discretion.

Under no circumstances may you use GoPuffin’s Website for a commercial booking operation.

Intellectual Property

GoPuffin’s Website, and all data, information, content, materials, etc. on the Website are protected by, United States and international intellectual property laws. These materials include, but are not limited to, text, all designs, documents, sound files, graphics, and any other materials found on the website. GoPuffin, its suppliers, and licensors reserve all rights, titles, and interests, including all intellectual property rights, in and to all such information, data, other content, and materials.

The GoPuffin logo and name are trademarks of GoPuffin. They may not be reproduced, imitated, copied, or used, in whole or in part, without the express and prior written permission of GoPuffin. All other trademarks, product names, and company names featured on the Website are the property of their respective owners. At no time does reference to any products, services, processes, or other information, by trade name, manufacturer, trademark, supplier or otherwise, constitute or imply any endorsement, recommendation, or sponsorship thereof by us, or vice versa.

Disclaimer

GOPUFFIN OFFERS THIS WEBSIRE "AS IS" THUS MEANING THAT GOPUFFIN DOES NOT GUARANTEE THE QUANTITY, COMPLETENESS, QUALITY, SPEED, ACCURACY, OR AVAILABILITY OF THE WEBSITE, NOR DOES IT MAKE ANY OTHER REPRESENTATIONS ABOUT THE INFORMATION GOPUFFIN DISPLAYS, INCLUDING BUT NOT LIMITED TO THINGS SUCH AS: PRICES, SCHEDULES, FARES, AIRLINES, OR ANY OTHER ASSISTANCE GOPUFFIN MAY PROVIDE VIA ITS WEBSITE OR OTHER MEANS.

GOPUFFIN AND ITS LICENSORS AND SUPPLIERS HEREBY FULLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT AT ALL LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GOPUFFIN DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE OR ANY EMAIL SENT FROM GOPUFFIN IS COMPELTELY FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

NO INFORMATION OR ADVICE, WHETHER ORAL, WRITTEN OR OTHERWISE COMMUNICATED, OBTAINED BY YOU FROM GOPUFFIN OR THE WEBSITE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. A NUMBER JURISDICTIONS DO NOT PERMIT DISCLAIMER OF WARRANTIES AND YOU MAY POTENTIALLY POSSESS OTHER RIGHTS THAT DIFFER DEPENDING ON JURISDICTION. IN SUCH JURISDICTIONS, THE FORMER DISCLAIMERS SHALL APPLY TO THE FULLEST POSSIBLE EXTENT ALLOWABLE BY LAW.

Limitation of Liability

IN EXCHANGE FOR GOPUFFIN'S PROVISION OF THE GOPUFFIN WEBSITE TO YOU, YOU AGREE THAT GOPUFFIN IS ENTITLED TO A LIMITATION OF LIABILITY. IN NO EVENT WILL GOPUFFIN OR ITS SUPPLIERS OR LICENSORS BE AT ALL LIABLE ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR TO YOUR INABILITY TO USE THE WEBSITE, ON ANY LEGAL THEORY, INCLUDING BUT NOT ABSOLUTELY LIMITED TO NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY APPLIES TO, BUT WILL NOT BE LIMITED TO ANY CLAIM FOR:

  1. DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, FOR EXAMPLE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER OTHERWISE INTANGIBLE LOSSES (EVEN IF GOPUFFIN, ANY SUPPLIER, OR LICENSOR HAS BEEN INFORMED OF THE CHANCE OF THESE DAMAGES);
  2. THE COST OF OBTAINING ALTERNATE PRODUCTS OR SERVICES;
  3. DISTURBANCE OF USE, LOSS, OR CORRUPTION OF DATA; OR
  4. ANY MONIES PAID BY YOU TO ANY OF GOPUFFIN'S BUSINESS PARTNERS, INCLUDING BUT NOT EXCLUSIVELY LIMITED TO OUR DATA PROVIDERS AND THE WEBSITES TO WHICH WE LINK. IN ABSOLUTELY NO EVENT WILL GOPUFFIN BE LEGALLY RESPONSIBLE TO YOU FOR ANY MORE THAN THE AGGREGATE AMOUNTS YOU HAVE PAID TO GOPUFFIN.

THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH REGARD TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS OR SERVICES RECEIVED THROUGH THE WEBSITE, OR INFORMATION RECEIVED THROUGH THE WEBSITE, OR SERVICES, PRODUCTS OR INFORMATION RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. (GOPUFFIN IS ABSOLUTELY NOT RESPONSIBLE IF YOUR FLIGHT IS ALTERED OR CANCELLED.) THE FACT THAT GOPUFFIN LINKS TO OTHER THIRD-PARTY SERVICES, DOES NOT ESTABLISH ANY ENDORSEMENT OR APPROVAL OF SUCH SERVICES BY GOPUFFIN.

EACH ONE OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS CRUCIAL PURPOSE. THE FORMER SHALL NOT APPLY TO THE EXTENT FORBIDDEN BY APPLICABLE LAW.

The Website is controlled and offered by GoPuffin in the United States of America. GoPuffin makes absolutely no representations that the Website is appropriate or available for use in other localities. Those who access or use the Website from other jurisdictions and locales do so solely at their own risk and are responsible for obeying any applicable local law.

Privacy Policy

We may collect certain information through use of our Website. Our collection and use of this information is defined in the GoPuffin Privacy Policy. Our Privacy Policy is thus incorporated into these Terms of Service.

Responsibilities Regarding Third-Parties

This Website links to other third-party travel websites. GoPuffin assumes no responsibility for the services of other third-parties. Your security while using these third-parties is solely your responsibility.

Booking Through Third-Parites

GoPuffin gives all users the ability to book travel plans with our third-party travel websites that are linked through the GoPuffin Website. We do not process your payment or complete the transaction; the travel website that is linked to takes care of all of these functions. You acknowledge and agree that should you encounter any issues with the transaction or the reservation you book in that particular transaction, you must resolve this dispute with the linked third-party travel website, not with GoPuffin, and your only solution, including any refunds, is with the linked third-party travel website, not with GoPuffin.

Additional terms, as provided by the linked third-party travel website, may apply to your transaction, booking through that website etc. You recognize and approve to be bound by those additional terms.

The linked third-party travel website that you choose to book on controls the booking transaction, and should a material conflict between the terms of the linked third-party travel website and this Agreement arise with respect to your booking transaction or other use of the booking feature, those terms shall override this Agreement.

GoPuffin has absolutely no control over the third-party travel websites that the GoPuffin Website links to and absolutely shall not be responsible for their terms, their data security, privacy, or other practices, their performance, or their materials, advertising, or other content they may potentially provide to you.

Changes in the Website

GoPuffin reserves the right to modify, discontinue, or restrict, briefly or permanently, parts or all of the Website. This can be done for any reason, or no reason, and we do not have to notify you of these changes. We may revoke any user’s license for any reason, or no reason, and may do this with absolutely no notice to you. We will not, nor will our suppliers or licensors, be liable to you or to any third-party for any discontinuance, modification, or restriction of the Website.

Competence to Accept Our Terms

You hereby assert that you either are:

  • at least 18 years of age;
  • an emancipated minor;
  • or possess legal parental or guardian consent.

GoPuffin is not intended for, nor targeted to any persons under the age of 13 years. Any person who provides information to GoPuffin through any part of the Website represents to GoPuffin that he or she is at least 13 years of age or older. If you are not at least of 13 years of age, then do not use and/or discontinue use of the Website.

Furthermore, you must also be fully capable and competent to agree to the terms, obligations, conditions, representations, affirmations, and warranties stated in these Terms of Service, and to follow and observe these Terms of Service.

Termination

These Terms of Service will continue to apply to you until either you or GoPuffin terminates this Agreement.

  1. Breach of any provisions of these Terms of Service or if you use the Website in a way that is unauthorized;
  2. If GoPuffin decides, at its sole discretion, to no longer provide access to the Website in the jurisdiction or location where you live or reside or from where you are trying to access the Website, or;
  3. In any other reasonable circumstances which will be determined by GoPuffin at its discretion.

GoPuffin may interrupt your ability to access to the Website and may terminate this Agreement at any time, with or without any notice to you especially for the following:

The provisions of these Terms of Service are intended by their character to survive the termination of the Agreement will survive any termination of the Agreement. If you or GoPuffin terminate this Agreement, or if GoPuffin bars your access to the Website, you agree that GoPuffin will not have liability or responsibility to you, to the fullest possible extent allowed under the applicable law, except as otherwise outlined under these Terms of Service.

Integration and Severability

These Terms of Service, in addition to the GoPuffin Privacy Policy, establish the full and complete agreement between you and GoPuffin with regards to your use of the Website, and override any prior agreement between you and GoPuffin.

Provided one or more of these provisions of the Terms of Service be considered to be unlawful, void, or unenforceable, such provision(s) will be judged severable and will not impact the validity and/or enforceability of the left over provisions of the Terms of Service, which shall thus remain in full force and effect.

Our failure and/or delay in carrying out any provision of this Agreement at any time does not waive any right to impose the same or any other provision(s) of the Agreement in the future. GoPuffin reserves any rights not expressly granted herein.

Governing Law

This Agreement, and all legal issues which arise or may arise from or relating to the Website, shall be governed by and interpreted in accord with the laws of the Commonwealth of Virginia without regard to the state's conflict of law provisions.

Arbitration

Any and all disputes between you and GoPuffin will be resolved by BINDING ARBITRATION as defined in detail in the following Arbitration Agreement included after this section. You therefore SURRENDER YOUR RIGHT TO GO TO COURT to assert and/or defend your rights under this agreement (except for matters which may be brought to a small claims court).

Your rights will therefore be ascertained by a NEUTRAL ARBITRATOR and will NOT be decided by a judge or jury and your claims can not be brought in a class action. You are guaranteed a fair hearing, however; the arbitration procedures are less complicated and more restricted than they would be in a court. Arbitrator decisions are as enforceable as an order from a court and are subject to extremely limited review by courts or judges.

Arbitration Agreement

You and GoPuffin hereby agree that any and all disputes, claims or controversies arising out of or related in any way to the Website, these Terms of Service, etc. will be determined by binding arbitration or a small claims court rather than in courts of general jurisdiction. You and GoPuffin agree that this arbitration agreement covers the determination of the purview or applicability of this agreement to arbitrate.

You certify that, by entering into this Agreement, you and GoPuffin are thus waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and application of this provision. This arbitration provision will survive termination of this Agreement and the termination of your use of the Website.

The arbitration shall be determined by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (in whole the "AAA Rules") of the American Arbitration Association ("AAA"). The AAA Rules can be found online at www.adr.org, or can be obtained by calling the AAA at 1-800-778-7879.

The arbitrator is thus bound by the terms of this Agreement. All issues are for the arbitrator to resolve, including issues relating to the purview and enforceability of this arbitration agreement. The arbitrator will issue a coherent written decision appropriate to explain the necessary findings and conclusions on which the award is based. If the arbitrator determines that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (measured by the standards found in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filings, arbitrator fees, and administration will be determined by the AAA Rules. In such a case, you agree to reimburse GoPuffin for all payments previously disbursed by it that would otherwise be your obligation to pay under the AAA Rules. Additionally, should you initiate an arbitration in which more than $10,000 in damages is sought, the payment of these fees is to be governed by the AAA rules.

The arbitrator shall award declaratory or injunctive relief in favor of the individual party seeking relief only and limited to the extent required to provide relief necessitated by that party's individual claim. YOU AND GOPUFFIN HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND SHALL NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLAIMED CLASS OR REPRESENTATIVE PROCEEDING. There shall be no aggregation of more than one person's claims with your claims, and the arbitrator will not otherwise preside over any form of a representative or class proceeding, without the express permission of both GoPuffin and you. If this particular provision shall be found to be unenforceable, then the entirety of this arbitration provision will be null and void.

Updates to the Terms of Service

Periodically the Terms of Service may be modified or changed; when this occurs the date that this happens will be reflected below. Please review these Terms of Service periodically. Upon continuing the use of the Website, you hereby indicate that you agree to these Terms of Service.

Updated: May 31, 2016