TERMS OF SERVICE
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE (DEFINED BELOW) TO BINDING ARBITRATION RATHER THAN A COURT. THE BINDING ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY ARBITRATION INDIVIDUALLY AND NOT AS PART OF A CLASS.
This Terms of Service constitutes a legal agreement (“Agreement”) between you (“You” and “Your”) and Our Military Travel, Inc. (“OMT”) regarding Your use of the OurMilitaryTravel.com website (including any mobile optimized version), smartphone app and/or textTotravel concierge service (collectively, “Site”). OMT and You may be referred to individually as a “Party” and collectively as the “Parties.” The Site allows You to make legitimate travel reservations or otherwise transact business with third party suppliers of travel-related goods and services (“Travel Partners”).
Please read this Agreement carefully and save it. If You do not agree with it, You should leave the Site immediately.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
TRAVEL PARTNERS. OMT is not a travel agent, does not manage the travel services offered on the Site (aside from including a Travel Partner’s booking module within the Site) and is not responsible or liable for any related pricing, content, data, advertising, products, goods or services available or unavailable from, or through, any Travel Partner, including, but not limited to, Travel Partners that provide hotel, airline or rental car bookings. This Site incorporates travel searching, planning and purchasing tools and modules to assist You in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with Travel Partners. The travel-related goods and services are solely provided by the Travel Partners and any payment information provided by You for such services is provided directly to the Travel Partner and their service providers; OMT does not process and does not have access to any such payment information.
For further questions about travel services or reservations, please contact the customer support department of such Travel Partner. You understand and agree that if You encounter any problems with the transaction or with the reservation You book in that transaction, You must resolve Your dispute with the Travel Partner, not with OMT, and Your sole remedy, including any refund, lies with the Travel Partner, not with OMT.
Additional terms, provided by the Travel Partner, apply to Your transaction or other use of the booking feature powered by that Travel Partner, and You acknowledge and agree to be bound by those additional terms. You understand that the applicable Travel Partner’s terms govern Your booking transaction, and that in the event of any material conflict between those terms and this Agreement with respect to Your booking transaction or other use of the booking feature, those terms shall prevail. OMT has no control over its Travel Partners and is not responsible for their terms, their privacy, data security or other practices, their performance, or their content, advertising, or other materials they may provide to You, whether or not provided through the Site.
You represent that all information You supply on the Site is true, accurate, current and complete. If You book travel found on the Site on another person's behalf, You represent that You are authorized to make that booking, and You agree to inform that person about all terms, conditions, rules, and restrictions applicable to that booking. You agree to be financially responsible for all of Your use of the Site and any Services.
ASSIGNMENT: OMT may assign this Agreement at any time to anyone without notice. You may not assign this agreement without OMT’s written consent. Any attempt by You to assign this Agreement without such consent will be null and void and may result in this Agreement being void, at OMT’s sole discretion.
ATTORNEY’S FEES: In the event that You are found to be in default or breach of this Agreement by arbitration or a court of competent jurisdiction, You shall be liable to pay all reasonable attorney’s fees, arbitration and court costs, and other reasonably related collection costs and expenses incurred by OMT in enforcing its rights hereunder.
CONFIDENTIALITY: In connection with this Agreement, You may receive or have access to commercially or personally valuable technical and non-technical confidential or proprietary information (“Confidential Information”) of OMT and/or its advertisers, licensors or suppliers (collectively the “Disclosing Parties”). Confidential Information includes all information, whether oral or written, relating to the business of a Disclosing Party that is not generally known or available to others, including, without limitation, current and proposed business information (including operations, planning, strategies, prospects, marketing interests, and products); technology information (including research, development, procedures, data, and designs); prototypes; computer programs; source code and documentation for software; technical drawings; algorithms; know-how; formulas; processes; ideas; inventions; schematics; financial information (including pricing); customer and vendor lists; the terms of any agreement entered into between the Parties and the discussions, negotiations and proposals related thereto; and information acquired during any facilities tours, regardless of whether it may be protected by patent, copyright or trademark law. You acknowledge and agree that any Confidential Information received or obtained from the Site and/or a Disclosing Party will be the sole and exclusive property of the Disclosing Party and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law or court order. When required by law or court order, You will give the Disclosing Party prompt written notice of such required disclosure in order to afford the Disclosing Party an opportunity to seek a protective order or other legal remedy to prevent the disclosure, and shall reasonably cooperate with the Disclosing Party’s efforts to secure such a protective order or other legal remedy to prevent the disclosure. If the Disclosing Party cannot obtain a protective order or other legal remedy to prevent the disclosure as required by law or court order, then You may disclose the Confidential Information without liability, but must limit such disclosure only to that Confidential Information required by law. Notwithstanding the foregoing, the confidentiality obligations set forth herein shall not apply to any portion of any information which: (1) is now in the public domain, or hereafter enters the public domain through no action by You or any of Your representatives; (2) can be shown to have been known by You or Your representatives at the time it was received; (3) is furnished by any non-party to this Agreement to You, without violation of any restriction on disclosure of such content; or (4) is independently developed by You without reference to any Confidential Information of a Disclosing Party. Upon termination of this Agreement for any reason, or upon a Disclosing Party’s written request, You shall either return the Confidential Information to the Disclosing Party or destroy all Confidential Information and shall certify in writing to the Disclosing Party that all Confidential Information has been returned or destroyed. This section is severable and shall survive any termination or expiration of this Agreement.
CONTENT: You may be exposed to content that You find offensive, indecent, or objectionable or that is inaccurate, and You bear all risks associated with using that content. OMT has the right, but not the obligation, to remove any content that may, in its sole discretion, violate this Agreement or that is otherwise objectionable. You agree to not: (i) reuse or "scrape" the Site’s data and/or Services for use in another service or website, (ii) attempt to circumvent any controls or limitations OMT places on Your ability to access the Site, including by means of robot exclusion headers, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Site or otherwise interfering with the proper function of the Site, (iv) "frame," "mirror," or otherwise incorporate any part of the Site into any other website or service, or (v) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on the Site.
DISCLAIMER OF WARRANTIES: YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW, ALL SERVICES PROVIDED BY OMT AND/OR ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS PROVIDED” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO AVAILABILITY OF THE SITE OR SERVICES, COMPLETENESS, ACCURACY OR TIMELINESS OF INFORMATION, NON-INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. OMT DOES NOT REPRESENT THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR, BUG OR VIRUS FREE AND OMT SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACCESS DELAYS, INTERRUPTIONS, DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, AND/OR EVENTS BEYOND REASONABLE CONTROL OF ANY OF THE SERVICES OFFERED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TABLET, PHONE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND/OR ACCESS TO THE SITE AND/OR SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
INTERNATIONAL USE AND TRAVEL.
Accessing materials on the Site by certain persons in certain countries may not be lawful, and OMT makes no representation that materials on the Site are appropriate or available for use in locations outside of the United States.
Although most travel, including travel to international destinations, is completed without incident, we do not represent or warrant that travel to such points is advisable or without risk, and we shall not be liable for damages or losses that may result from travel to such destinations. Furthermore, OMT has no special knowledge regarding foreign entry requirements (such as the need for passports and visas). OMT therefore urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations, including State Department travel alerts and warnings, foreign health requirements and dangers, foreign entry requirements and other information relating to particular international destinations.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement of the Parties and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the Parties as to the subject matter of this Agreement. You may not amend this Agreement unless mutually agreed upon with OMT, set forth in writing, and signed by both Parties. OMT, at its sole discretion, may modify the terms of this Agreement and/or the operation of the Site, at any time without notice to You. It is Your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By using the Site and/or any of its Services, You agree to the terms of this Agreement, including any modifications OMT makes, and further waive any rights or claims You may have against OMT.
FORCE MAJEURE: Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such Party; provided, that the Party whose performance is affected by any such event gives the other Party written notice thereof within ten (10) business days of such event or occurrence.
GOVERNING LAW; ARBITRATION: Please read this provision carefully. Each Party shall comply with all applicable laws, rules, and regulations, if any, required in performing its obligations under the Agreement. This Agreement shall be governed by the laws of the State of California without giving effect to principles of conflict of laws, thereunder, as if the Agreement was a contract wholly entered into and wholly performed within the State of California.
Any action to enforce this Agreement or any matter relating to Your use of the Site and/or Services shall be resolved via binding arbitration or a small claims action brought exclusively in an arbitration forum or small claims court, as applicable, within Orange County, California.
You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend Your rights under this agreement (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and Your claims cannot be brought as a class action. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than they would be in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by courts or judges.
The Parties agree that this arbitration agreement extends to the determination of the scope or applicability of this agreement to arbitrate.
You agree that, by entering into this Agreement, You and OMT are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and the termination of Your use of the Site.
If You elect to seek arbitration, You must first send to OMT, by certified mail, a written Notice of Dispute ("Notice"). The Notice to OMT should be addressed to: OMT, Attn: Legal, 20955 Pathfinder Rd, Suite 100, Diamond Bar, CA 91765 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If OMT and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or OMT may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by OMT or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or OMT is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
After OMT receives notice at the Notice Address that You have commenced arbitration, OMT will promptly reimburse You for Your payment of the filing fee, unless Your claim is for greater than $10,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If You are unable to pay this fee, OMT will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless OMT and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your primary residence. If Your claim is for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, OMT will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the Notice requirements above. If, however, the arbitrator finds in favor of OMT as to the substance of Your claim or the relief sought, You will reimburse OMT for Your portion of the filing fee. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees will be governed by the AAA Rules. In such case, You agree to reimburse OMT for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party's individual claim. YOU AND OMT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and OMT agree otherwise, the arbitrator may not consolidate more than one person's claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, You agree that if OMT makes any future change to this arbitration provision (other than a change to the Notice Address), You may reject any such change by sending OMT written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any such change, You are agreeing that You will arbitrate any dispute between You and OMT in accordance with the language of this provision, and agree to promptly cease using the Site.
If You do not choose to accept this binding arbitration provision, You must notify OMT in writing by certified mail within thirty (30) days of Your purchase or use of the Services on the Site, whichever date is sooner. Such notice shall be sent to the Notice Address defined above. If You so notify us by that time that You do not accept the binding arbitration provision, You may not continue to access and purchase Services or products on the Site unless and until OMT notifies You otherwise.
INDEMNITY: You agree to defend, indemnify, release and hold harmless OMT and its parent, subsidiaries and affiliated companies and their respective agents, directors, employees, independent contractors, members, officers, representatives and shareholders (collectively the “Indemnified Parties”) from and against any and all causes of action, claims, demands, investigations, or other proceedings, including, but not limited to, costs, damages, expenses, judgments, losses, and liabilities (including reasonable attorneys’ fees) related to or arising out of the Services and/or this Agreement brought by any third party against any of the Indemnified Parties (collectively, a “Claim”), to the extent that the Claim is related to: (1) any false advertising; (2) infringement, misappropriation, misrepresentation or violation of the rights of any third party, including, without limitation, intellectual property rights; (3) liability for information, materials, products or services; (4) disruption of the Services; (5) improper use of and access to OMT; (6) violation of any applicable law, rule or regulation; and/or (7) breach of any term of this Agreement and/or the foregoing representations and warranties, arising from or by You and/or via Your account. You further agree to: (1) take all steps reasonably necessary to substitute the Indemnified Parties as the real party in interest and effectuate a dismissal of any Indemnified Party that is named as a party in any third party claim; (2) pay all reasonable attorneys’ fees, costs, and expenses associated with the Indemnified Parties defense unless and until they are substituted out, with the Indemnified Parties having the sole right and discretion to select counsel to conduct their defense; and (3) assume full and sole responsibility and liability for any damages, costs, fees, settlements and/or judgments entered on any third party claim, except that You will not enter into any settlement that affects any of the Indemnified Parties’ rights or interest without such Indemnified Parties’ prior written approval. The Indemnified Parties assume no responsibility or liability for any damages, expenses, fees, or costs related to the defense of any third party claim. This section is severable and shall survive any termination or expiration of this Agreement.
INTELLECTUAL PROPERTY: Intellectual Property includes, but is not limited to, all artwork, data, designs, games and flash animation, graphic content, illustrations, images, logos, marks, photographs, sound and video clips, source code, text, written content or other copyrightable subject matter, in addition to the selection and arrangement thereof, as well as all patents, trademarks, service marks, and trade names appearing on the Site. OMT and their advertisers, affiliates, assigns, licensors, partners, service providers, subsidiaries or other respective owners (collectively “IP Holders”) will retain ownership of their respective Intellectual Property. Except as expressly provided in this Agreement, You are not authorized or licensed to use the IP Holders’ Intellectual Property. You agree not to: (1) adapt, broadcast, circulate, dispose of, disseminate, distribute, modify, publish, register, reproduce, retransmit, sublicense or translate, any of the IP Holders’ Intellectual Property rights; (2) alter, create derivative works of, edit, modify or revise the IP Holders’ Intellectual Property; (3) reverse engineer, decompile, reverse compile, or disassemble the IP Holders’ Intellectual Property in whole or in part; (4) rent, sell, lease, loan, electronically transfer or otherwise make available the IP Holders’ Intellectual Property to another party; (5) crawl, spider, index or in any non-transitory manner store or cache information obtained from the IP Holders’ Intellectual Property; or (6) permit any other person or entity to do any of the foregoing.
LIMITATION OF LIABILITY:
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OMT IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES. YOU AGREE THAT OMT AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS), EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, DIRECTLY OR INDIRECTLY, ARISING IN CONNECTION WITH ANY ACTION OR OMISSION RELATED TO THIS AGREEMENT OR WITH RESPECT TO ANY SERVICES OR REWARDS PROGRAM OFFERED BY OMT OR OUT OF ANY BREACH OF ANY WARRANTY, AND YOU AGREE TO WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF OMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
OMT SHALL NOT BE RESPONSIBLE FOR ANY ALTERATIONS, MODIFICATIONS, DELETIONS AND THE LIKE TO THE SITE.
IN NO EVENT SHALL OMT’S LIABILITY EXCEED $100 U.S. DOLLARS. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT IN ITS ABSENCE; THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS. THIS SECTION IS SEVERABLE AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
SOME JURISDICTIONS MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
NOTICE: You agree that any notices required to be given under this Agreement by OMT to You will be deemed to have been given if delivered in accordance with the contact information You have provided. Any notices by You to OMT shall be sufficiently given only if in writing and transmitted by a nationally recognized courier service (with online tracking enabled) or mailed by prepaid registered mail addressed to: OMT, 20955 Pathfinder Rd, Suite 100, Diamond Bar, CA 91765.
REPRESENTATIONS: By using the Site and/or Services, You agree under penalty of perjury to make the following statements:
I will provide accurate information when creating an account or registering for OMT Services and will continue to update and keep my account and registration information accurate.
I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside and/or am accessing the Site.
Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
I believe I have the unalienable right to read and/or view any type of material I choose.
I am aware of the standards of my local community with respect to the materials offered on the Site; I am familiar with the materials offered by the Site; and I represent, warrant and certify that the links, information, and use of materials on the Site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on the Site, I agree to no longer access the Site.
I recognize that the Site has no control over the content of other sites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
I am legally able to accept the terms of this Agreement.
I am more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and am fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
I will not sell, share, or otherwise transfer my account username, password, other information, or my rights or obligations under this Agreement.
I will maintain the confidentiality of my password, and am fully responsible for all liability and damages resulting from my failure to maintain that confidentiality and all activities that occur through the use of my password and/or account. I agree to immediately notify OMT of any unauthorized use of my password, account or any other breach of security. I agree that OMT cannot and will not be liable for any loss or damage arising from my failure to comply with the terms of this Agreement.
SEVERABILITY: If any term or provision of this Agreement will to any extent be invalid, unenforceable and/or conflict with the law under which this Agreement is to be construed, the remainder of this Agreement will not be affected thereby and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. The ineffective term or provision shall be replaced by a valid one that approaches the ineffective term or provision as closely as possible.
STATUTE OF LIMITATIONS: YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT AND/OR RELATED TO YOUR USE OF THE SITE, MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
SUCCESSOR: This Agreement shall be binding upon Your heirs, executors, administrators, successors and assigns.
SURVIVAL: In the event of termination of this Agreement, regardless of the reason for termination, the terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled and apply to each Parties’ respective successors and assigns.
TERMINATION: OMT may terminate this Agreement and/or Your access to the Site and/or Services for any reason, or no reason, at any time with or without notice to You. In the event of any termination, You will immediately cease access to the Site and Services. OMT may modify, update, suspend or discontinue the Site, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. OMT shall not be liable to You or any other user or third party for any such modification, update, suspension or discontinuance.
THIRD PARTY BENEFICIARIES: This Agreement shall not be construed to create any obligation or benefit to any non-person or entity which is not a party to this Agreement.
THIRD PARTY SITES: The Site contains links to other Internet sites owned by third parties, including Travel Partners. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites has posted. OMT has no control over third party sites and is not responsible for any changes to or content on them. OMT’s inclusion on its Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. Please note that OMT has financial relationships with some of the third parties displayed on the Site. You understand and agree that OMT may be compensated if You and/or other users choose to utilize the links and/or Services provided by such third parties on the Site. You agree that OMT shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any dealings with third parties or as the result of the presence of such third parties or service providers on the Site. You further agree to waive the right to bring or assert any claim against OMT relating to any interactions or dealings with any third party service provider, and release OMT from any and all liability for or relating to any interactions or dealings with service providers.
WAIVER: The failure to insist upon or enforce strict performance of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of the right to enforce any such provision or right in any other instance.
REWARDS PROGRAM TERMS
BY SUBMITTING A CLAIM FORM FOR THE FREE GIFT REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THE REWARDS PROGRAM TERMS BELOW, IN ADDITION TO THE TERMS AND CONDITIONS ABOVE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT SUBMIT A CLAIM.
ELIGIBILITY. The Free Gift Rewards Program (“Rewards Program”) is open only to legal residents of the fifty (50) United States, the District of Columbia and US Territories, unless otherwise prohibited by law, who are at least eighteen (18) years of age, and have reached the legal age of majority in the jurisdiction in which they reside at the time they submit a claim form.
CLAIM FORM SUBMISSIONS. After your hotel booking is completed, you will receive an e-mail from Our Military Travel with a link, leading you to our claim form submission page to provide us with answers to certain marketing questions, your mailing address and other personal information to help deliver your FREE gift.
Claims must be submitted no later than 30 days after your completed hotel stay.
The e-mail address provided in the submission form must match the e-mail address you provided for the hotel booking.
You will NOT receive ANY FREE GIFT if the information you provide is not filled out correctly in the claim form. If your information is incorrect and the gift gets returned to us, we will not attempt to resend the gift and you agree to forfeit any rights to such gift.
GIFTS. All gifts are shipped within 45 days after claim form is filled out and submitted (as long as you have completed your hotel stay, submitted a timely claim and while supplies last)
The FREE gifts range in value, type, and theme but each has significant sentimental value.
Virtual gifts that are not physically mailed shall be delivered electronically and may include a bar code for obtaining merchandise or services.
Limit of one (1) free gift per customer, per hotel booking.
Gifts are non-transferable to anyone aside from customer that completed the hotel booking.
Gifts cannot be exchanged or substituted for any other item or cash value.
Free gifts that include a gift card for a third party vendor (both physical and virtual versions), such as a restaurant or retail store, are subject to the third party vendor’s gift card terms and conditions of redemption and usage, and you acknowledge that such limitations may apply. If you do not use the gift card by the date specified in such terms and conditions, you agree to hold OMT harmless and release OMT from any obligations related to such free gift.
This Rewards Program is exclusively deployed and managed by OMT; Travel Partners have no interest or involvement of any kind in the Rewards Program.
Our Military Travel reserves the right to cancel or modify any promotion, including the Rewards Program, or a user’s ability to participate in a promotion, at its sole discretion, without prior notice.
Any fraudulent activity is prohibited.
The value of any physical gift or virtual gift card may constitute taxable income to you. Please consult your tax advisor, as neither we, nor our Travel Partners, provide tax advice.
(Date Posted: October 31, 2017)