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KoalaFlights and its employees, agents, and affiliates (collectively, “KoalaFlights”, “we”, “us”, or “our”) offers a number of services, including the website at koalaflights.com (the “Website”) and free and premium email subscription services (the “Email Services”) that include original emails from us (the “Emails”) (collectively, the “Services”).

Accepting the Terms

By using or accessing our Services in any way, including by viewing or browsing the Website, subscribing to Email Services, or viewing Emails, you are agreeing to be bound by these Terms of Use (“Terms”), which are a legal contract between an individual subscriber, member, or user (“you”) and KoalaFlights regarding your use of the Services. These Terms apply to unregistered users accessing the Services, users that have registered for the free Services, and users that have registered for the paid Services (“Premium Services”).

KoalaFlights reserves the right to change or replace the Terms at any time, at its sole discretion. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Using the Services

You agree to use the Services only for purposes that are permitted both by the Terms and by all applicable laws, regulations, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions. You agree that you are solely responsible for any breach of your obligations under these laws, regulations, practices, and guidelines and for breaches of your obligations under the Terms, and for any consequences of any such breaches.

The materials and information that are provided via the Services are provided for only personal, non-commercial use. If you wish to make commercial use of any of the materials accessed through the Services, or wish to make materials public in any way, you must obtain prior express written consent from KoalaFlights. Without limiting the generality of the foregoing, the following are types of uses that KoalaFlights expressly defines as falling outside of “non-commercial use”: the sale or rental of (1) any part of the Services, including the Website and Emails; (2) any derivative works based at least in part on the Services, including the Website and Emails; and (3) any collective work that includes any part of the Services, including the Website and Emails;

Your account belongs to you and to you only. You may not authorize others to view or otherwise access the Services under your account. You agree to choose a strong and secure password and to keep your password secure and confidential.

You are responsible for anything that happens through your account unless you close it or report misuse. You are solely responsible for any content you post or submit to KoalaFlights for posting through the Services, as well as the consequences of posting or publishing that content. By uploading, submitting, creating, or publishing your user content to or through the Services, you affirm, represent, and warrant that you are the creator and owner or have the necessary licenses, rights, consents, and permissions to use and to authorize KoalaFlights and the users of KoalaFlights Services to use and distribute your content in the manner contemplated by KoalaFlights and these Terms. You also affirm, represent, and warrant that your user content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Violators of these third-party rights may be subject to criminal and civil liability. You understand that KoalaFlights does not guarantee any confidentiality with respect to any content that you submit.

By submitting or distributing postings through the Website, you hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access your postings. You also agree not to delete any copyright or other proprietary rights notices on the Website or its content.

You also agree not to defame, harass, abuse, threaten, or defraud users of the Services, or collect, or attempt to collect, personal information about users without their consent. You may not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures).

Our team does the best we can to find cheap flights and treat all of our customers and subscribers fairly. We expect you to treat us fairly in return. We reserve the right to immediately cancel your account, refuse future service to you, and keep any subscription fees that you have paid us without any refunds if you are hostile toward or if you threaten or bully any employees or partners of KoalaFlights, including our customer support team members.

You shall not access or use, or attempt to access or use, any of the KoalaFlights Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.

You understand that in order for KoalaFlights to provide the Services, KoalaFlights may transmit your content over various public networks and in various media and may make changes to your content to meet the technological requirements of such networks and media.

Sometimes the Website, Emails, or other content provided through the Services will reference third-party materials or content. You are solely responsible for your use of any third-party websites or resources. Although material provided through KoalaFlights Services may contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

The Services are provided for informational purposes only and do not constitute advice of any kind on which you should rely, or a recommendation to buy or sell any goods or services.

You affirm that you are more than 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and are able to comply with the Terms. You must be at least 13 years old to be allowed to register for or submit content to the Services. If you are not at least 13 years old, you shall not attempt to register for the Services or submit content to KoalaFlights.

If you purchase any of our Premium Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. From time to time, KoalaFlights may offer a free trial of Premium Services (“Free Trial”). After the duration of the Free Trial (the “Free Trial Term”), the Free Trial will automatically become a regular paid subscription to the Premium Services, and KoalaFlights will bill for the first segment of the Premium Services that you have signed up for (i.e. quarterly, semi-annually, or annually) on the 1st day after your Free Trial Term ends unless you cancel during the Free Trial Term.

If you did not sign up using a Free Trial, you may, during the first 30 days of a paid subscription through the Premium Services, seek a refund of your payment (the “30-Day Refund”). You may request a 30-Day Refund by sending your request via email to hello@koalaflights.com. If a refund is issued, your access to Premium Services will be discontinued. Each user may redeem only one Free Trial or one 30-Day Refund. KoalaFlights reserves the right to terminate the account of any user that attempts to use more than one Free Trial or 30-Day Refund without authorization. If you believe you should be entitled to a refund after the first 30 days of your paid subscription, KoalaFlights will issue refunds at its sole discretion. KoalaFlights is under no obligation to issue a refund at any time, but please contact us if you want to discuss your issue.

Cancellation Policy. KoalaFlights has no obligation to notify you when (1) your Free Trial ends or is scheduled to end, (2) your 30-Day Refund period ends or is scheduled to end, or (3) when your account is charged or is scheduled to be charged. To cancel your Free Trial, you may cancel your subscription by contacting us at hello@koalaflights.com. If you do not cancel your Free Trial during the Free Trial Term, you will be billed for the first period (quarterly, semi-annual, or annual) of Premium Services on the 1st day after the Free Trial Term ends. For subscribers to the Premium Services (“Premium Subscribers”), you may cancel your subscription any time by contacting us at hello@koalaflights.com. Our subscription charges are billed according to the schedule you signed up for (i.e. monthly, quarterly, semi-annually, or annually) and are not refundable once they have been charged. We do not issue pro-rated refunds on any unused portion of your subscription.

You agree to contact us if there are any billing issues, duplicate charges, etc. before disputing any charges as illegitimate. We will treat you fairly and fix any mistakes as long as you contact us before disputing the charge.

Ownership and Proprietary Rights

Using the Services does not give you ownership of any intellectual property rights in the Services or to the content you access, including but not limited to the content of the Emails or the Website.

The visual interfaces, graphics, designs, compilations, information, computer code (including source code and object code), products, software, services, and all other elements of the Services provided by KoalaFlights are protected by United States copyright, trade dress, and trademark laws, international agreements, and other intellectual property and proprietary rights. Except for content that is provided by users or otherwise noted, all materials made available through the Services are the property of KoalaFlights or third-party licensors. Unless expressly authorized by KoalaFlights, you agree not to sell, license, transmit, or otherwise make unauthorized use of the materials made available through the Services. KoalaFlights reserves all rights to content made available through the Services that is not expressly granted in the Terms.

Copyright Protection

KoalaFlights respects the intellectual property rights of others. In fairness to other creators and copyright holders, our policy is to respond to notices of alleged infringement according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). In appropriate circumstances and pursuant to the DMCA, we will terminate or refuse access to users of our system who are repeat infringers.

If you are the owner of content that is being improperly used via our Services without your permission, you may request that the content be removed under the DMCA. To make such a request, please notify KoalaFlights copyright agent the following e-mail address:

hello@koalaflights.com

A proper DMCA notification should contain the following items:

  • a physical electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the work claimed to have been infringed, or a representative list;
  • identification of the material that is claimed to be infringing that is reasonably sufficient to permit KoalaFlights to locate the material;
  • information reasonably sufficient to allow KoalaFlights to contact you, including a name, address, telephone number, and email address;
  • a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the rights owner, agent or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the rights owner.

It is a violation of federal law to knowingly materially misrepresent that material is infringing.

Liability for Our Services

We provide our Services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds. We make no warranty that our Services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. You understand that when you use the Services, you may be exposed to information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against KoalaFlights with respect to your exposure to such content. You acknowledge and agree that KoalaFlights may suspend or discontinue, without prior notice to you and at KoalaFlights sole discretion, some or all of its services, making the services unavailable to you or other users KoalaFlights may also remove any content or disable access to any users at any time and for any reason at the sole discretion of KoalaFlights.

You also agree that material downloaded or otherwise obtained through your use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by our Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. KoalaFlights makes no representation that its Services are appropriate for use in locations outside the United States. Those who access or use the Services from other jurisdictions do so on their own volition and are responsible for compliance with local law.

You further agree to indemnify, defend, and hold harmless KoalaFlights, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees and expenses, related to your use of the Services, violation of the Terms, violation of any third-party right (including without limitation any copyright, property, or privacy right), or any claim that your content caused damage to a third party.

KoalaFlights reserves all rights and remedies against any user who violates these Terms.

Arbitration

By using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against KoalaFlights arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of these Terms to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in the major United States city that is closest to our place of residence; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have entered into in connection with KoalaFlights; (5) the arbitrator shall apply Oregon law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or KoalaFlights. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor KoalaFlights shall be entitled to arbitrate their dispute.

Miscellaneous

The failure of KoalaFlights to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver is valid and effective only if it is in writing and signed by an authorized representative of KoalaFlights.

If any provision in the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of other provisions.

The heading references herein are for convenience only. The headings do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

You agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action accrues. Otherwise such cause of action is permanently barred.