Allegiant Mobile App Terms & Conditions
Applicable Worldwide Except Where We Publish Specific Territorial Terms and Conditions Last Updated March 19, 2012
The following terms and conditions (the "Terms") form a binding agreement between you and Allegiant Travel Company, which is sometimes referred to as "Allegiant," "we," "us" or "our." The Terms sets out important information regarding the rights, obligations and the restrictions that may apply to you as a user when you access any of our websites (collectively the "Site") and/ or access, use or download the Allegiant digital application (also sometimes referred to under the name of Allegiant Mobile) (the "Application") and any services offered in conjunction with the Allegiant digital application (the "Services") as they are made available on various digital media devices, such as PDAs, cell phones, smart phones, handheld devices or PCs ("Devices"), and networks, such as those of mobile operators, internet service providers or cable operators ("Networks"). The Application is a digital application that facilitates the use of Services.
By using the Application, you are agreeing to the following terms and conditions.
Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English version.
The Application provides you an opportunity to purchase special Deals for the products and services of third party merchants ("Merchants").
Please note: 1) In the event that you are or become a paying customer of any part of the Application and/ or Services, we will provide to you relevant information regarding price, delivery procedure and cancellation options on a case by case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
2) Unless a Deal's fine print states otherwise, any unredeemed Deals may be returned within the first seven days after purchase. In other cases where a Deal is not redeemed, returns are evaluated on a case-by-case basis.
3) Each time you attempt to interact with Allegiant Deals, you will send data for which you will be subject to data charges from your Network provider.
4) Unless otherwise specifically provided by us, our license to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The license is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.
5) Certain versions of the Application are distributed in a form that limits the availability of some of the Services that can be accessed from that version. Details on Services and any limitations on use for your version of the Application are accessible via the Application from your Device and/ or from the source where you originally obtained the Application.
Accepting the Terms
If you wish to use our Site, the Application and/ or the Services (collectively referred to as "Allegiant Deals") you must agree to be bound by these Terms, and all and any applicable laws regarding your use of Allegiant Deals. You must also pay any charges for the Services which may be applicable. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE ALLEGIANT DEALS. YOUR CONTINUED USE OF ALLEGIANT DEALS (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES AND/ OR USE OF THE SERVICES) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES, OR MODIFICATIONS. YOU AGREE TO USE ALLEGIANT DEALS ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES.
IMPORTANT: BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS:
- DOWNLOADING THE APPLICATION OR AN UPGRADE TO THE APPLICATION OFFERED FROM TIME TO TIME; OR
- USING ALLEGIANT DEALS ON YOUR DEVICE.
All use of Allegiant Deals must comply with the terms and conditions contained in this Agreement. You agree to restrict any and all activity in connection with the use of Allegiant Deals to lawful purposes only. You agree not to do any of the following: (i) conduct or promote any illegal activities while using Allegiant Deals; (ii) upload, distribute or print anything that may be harmful to minors; (iii) attempt to reverse engineer or jeopardize the correct functioning of Allegiant Deals, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies Allegiant Deals; (iv) attempt to gain access to secured portions of Allegiant Deals to which you do not possess access rights; (v) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; (vi) use Allegiant Deals to generate unsolicited email advertisements or spam; (vii) use any automatic or manual process to search or harvest information from Allegiant Deals, or to interfere in any way with the proper functioning of Allegiant Deals; or (viii) impersonate another user. Any conduct by you that in our exclusive discretion restricts or inhibits any other user from using or enjoying Allegiant Deals is strictly prohibited.
In order to access certain Services on Allegiant Deals, you may be required to provide personal information (such as identification, contact information and credit card information). You agree that any information you provide us will be accurate, correct and up to date. You further agree that it is your responsibility to keep your information current, complete and accurate by periodically updating your information in the appropriate section of Allegiant Deals. We cannot be responsible for being aware of any changes if not entered in the appropriate section of Allegiant Deals.
Conditions of Participation
As a condition of participation, we require your consent to send both administrative and promotional emails. Upon registration, you agree to receive these and other forms of electronic correspondence about account activity and purchases, Allegiant Deals updates and promotional offers. You may unsubscribe at any time by clicking on the link at the bottom of our electronic correspondence or by clicking on the appropriate link on the Site. To use Allegiant Deals you must be 18 years of age or older. Also, to use some of the Services you may be asked to register with us and provide certain personal details.
You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations under these Terms. You also affirm that you are over the age of 18, as the Services are not intended for individuals under the age of 18. If you are under 18 years of age, then please do not use Allegiant Deals. If you are the parent or guardian of a person under the age of 18 then please do not let that person use Allegiant Deals. Your access to the Services may be deleted or blocked without warning if it is found that you are misrepresenting your age. In this case your membership account and all related data may also be deleted without warning. Your access to the Services is solely for your personal use, and you must not authorize others to use your account. In addition, certain Deals may require that the member be 21 years of age or older in order to comply with the laws of the state in which a Deal is being offered. For example, you must be at least 21 years of age in order to purchase a Las Vegas, Nevada Deal which involves gambling. You also must be at least 21 years of age in order to purchase a Las Vegas, Nevada Deal which includes the consumption of alcoholic beverages.
Location Based Services
Where we collect location-based information, we will generally do it on an anonymous basis for the improvement of our Application or Services. You consent to our use of anonymous-based location services information collected from you. Where we collect location-based information that is personally identifiable we will give you options to manage your disclosure of this information within our Application or on your Device. Depending on your version of Allegiant Deals and the functionalities available on your Device you may benefit from advanced options to manage the disclosure of location-based information.
As a separate issue, you may receive contextual advertising from us. Please see the Section on ADVERTISING.
We reserve the right to deliver advertising to you in conjunction with your use of Allegiant Deals and utilize the processor bandwidth and storage hardware on your Device for this purpose.
AVAILABILITY OF SERVICES
We will do our best to offer you a smooth service, but we give no guarantees that Allegiant Deals will be fault-free or that our services will be uninterrupted. If a fault does occur, please report it to Customer Service and we will attempt to correct the fault as soon as we reasonably can. For the fastest response, you should e-mail us at email@example.com.
We will occasionally restrict your access to the Site or to our services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavor to keep disruption to a minimum.
New services are subject to a period of testing. This means that a new service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" being fixed by us and may have other issues affecting availability and functionality.
User Passwords and Account Security
You will need to register by creating an account with us in order to obtain access to certain Services, including Deals. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique login credentials (a "User ID"). Access to Allegiant Deals is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access or use Allegiant Deals has previously been terminated by us may not register for an account, nor may you designate any of those individuals to use your account on your behalf. We rely on User IDs to know whether users accessing Allegiant Deals and using our Services are authorized to do so. If someone accesses Allegiant Deals using a User ID that we've issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to and use of Allegiant Deals by persons using your User ID. If there is a breach of security through your account, you agree to immediately change your User ID and notify us of such breach at firstname.lastname@example.org. You acknowledge that, unless you have first notified us immediately of any such breach, we will assume that any instruction transmitted using your User ID has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
Credit Card Authorization
You may be asked to provide Allegiant with a credit card number from a card issuer that we accept in order to pay for a Deal. Allegiant may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
We provide our customers with opportunities to purchase products and services from Merchants with a time limited promotional added value (a "Deal").
a. Certain Definitions. (i) "The amount paid" means the amount that a purchaser pays for a Deal; (ii) a Deal's "Promotional Value" is the unpaid portion of the Deal's value in excess of the amount paid. (For example, if a purchaser pays $10 for a Deal with a $25 Full Offer Value, that Deal's Promotional Value would be $15); (iii) a Deal's "Full Offer Value" means the full value of the Deal for which the purchaser (or designated transferee) of a Deal will be able to redeem it on or before the Promotional Value Expiration Date, and is equal to the sum of its Promotional Value plus its amount paid; (iv) a Deal's "Promotional Value Expiration Date" is the date and time after which a Deal's Promotional Value may no longer be used (unless otherwise required by law), and after which time and date, the Deal may only be redeemed for its amount paid unless refunded. Certain Deals "expire" and may no longer be used after the date and time indicated in the Deal's fine print, after which time, the purchaser will be refunded the amount paid.
b. How It Works. By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal (collectively referred to as the "fine print"). Once you've placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Deal is ready to be used. You may also access your order confirmation in the Application itself. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to your Deals, view your past purchases, and modify your preferences. If the Merchant refuses to honor the Deal before the legally permitted expiration date, then Allegiant will refund the amount paid for the Deal. In order to receive a refund, you must provide the following information in writing to email@example.com: (a) the order confirmation number and the Merchant with whom you sought to redeem the Deal, (b) statement of the date, time, and circumstances under which the Merchant refused to redeem the Deal, and (c) a statement, under penalty of perjury, that the Deal has never been redeemed with the Merchant by you or anyone accessing the Deal through you (whether with or without your permission).
c. Expiration Dates. For traditional Deals, the Promotional Value will expire on the date specified in the Deal's fine print, unless prohibited by law. The amount paid will never expire (until used or refunded). For "Now" Deals, the Promotional Value will expire on the date and time specified in Deal's fine print; however, if a "Now" Deal is not redeemed within 24 hours of the Promotional Value's Expiration Date we will automatically process a refund of the amount paid to the purchaser in the original form of payment. Deals which are redeemable for a ticket or admission to a specific ticketed event at a named venue ("Event Tickets") are revocable licenses and have no value once the event date and time has passed. Event Tickets are only refundable: (i) by request until midnight on day of purchase (unless purchased within 24 hours of the scheduled event, in which case the Event Ticket is non-refundable); (ii) automatically if the event is canceled and not rescheduled, and (iii) upon request if the event is rescheduled. Event Tickets are only redeemable with the issuing merchant and/or venue, for the goods, services, and/or event identified in the Deal's fine print. If the merchant or venue refuses to honor any Deal, we will refund the amount paid upon request. Unredeemed Event Tickets are not redeemable for cash, unless required by law. Certain maximum resale premiums and restrictions may apply to Event Tickets.
d. Deal Specific Terms. Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in these Terms, except to the extent such terms are prohibited by applicable law. A Deal may require you to contact the Merchant and provide the Merchant with certain pertinent information prior to redeeming the Deal. If you fail to follow the specific terms associated with the Deal, you may not be permitted to redeem the Deal, which can result in the forfeiture of the amount paid for the Deal, unless prohibited by applicable law. For example, if you purchase a Deal which involves a helicopter tour, the FAA requires that each passenger contact the Merchant in advance and provide the Merchant with the passenger's weight and driver's license number. If you fail to provide this information to the Merchant prior to arriving to redeem your Deal, you may be prohibited from redeeming your Deal and the amount paid for the Deal may be forfeited.
e. Global Terms. Unless otherwise stated in the specific terms associated with the Deal or required by law, the following additional terms apply to all Deals: (i) no cash back will be issued for partial redemption of a Deal, except as required by law, (ii) redemption of a Deal for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted in the specific terms associated with the Deal, (iii) a Deal cannot be combined with any other coupons or promotions unless otherwise noted in the specific terms associated with the Deal, (iv) neither we nor the Merchant is responsible for lost or stolen Deal reference numbers, (v) duplicate use, sale or trade of a Deal is prohibited, except as required by law, and (vi) unless otherwise stated in the specific terms associated with the Deal, the amount paid for the Deal does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Deal.
f. Merchant Responsibility. To be clear, we market the Deals and act an as agent in selling the Deals on behalf of the Merchants, but the Merchant is the issuer of the Deal. As issuer of the Deal, 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 and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Deals. By purchasing a Deal, a customer acquires the right to redeem the Deal according to its terms and the terms of this Agreement. Whether you choose to redeem the Deal is within your sole control and at your sole discretion.
g. Promotions of the Deal Program. From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be set forth in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and our interpretations are final and binding.
h. Products Available for Sale. The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. We reserve the right, in our sole discretion, to exclude or otherwise limit the provision of a Deal for any product or service to a person residing in any jurisdiction or geographical area. We do not represent or warrant that any product or service promoted on Allegiant Deals will be available for purchase by any particular person.
Electronic and Oral Communications
We may rely on your oral and electronic instructions. In addition, you consent to the monitoring and recording of your telephone conversations with us for training or compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you, provided reasonable verification procedures have been followed. We may follow any instructions received by electronic means through Allegiant Deals just as if you had given such instructions in person, regardless of whether or not you personally initiated such instructions.
You consent to the receipt of all agreements, notices, disclosures and other communications (collectively "Communications") from us electronically through the email address provided by you to us. In order to access and retain electronic disclosures from us, you must have (a) a Device with a browser that supports these requirements, (b) Internet access and a valid email account supported by software to enable you to receive email messages, and (c) sufficient electronic storage capacity to store disclosures or a printer capable of printing from your web browser and email software to print Communications. You may update your email address at any time by logging into your account and updating your profile. We will not be responsible for your inability to connect to the Internet or to access Allegiant Deals or otherwise not to receive electronic Communications. Electronic Communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You represent that you have access to hardware and software necessary to receive from us Communications in electronic form.
When you use Allegiant Deals, you can obtain access to various kinds of information and materials, all of which we call "Content." You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by us), and you agree not to post or use any Content in any manner that: (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others, (ii) violates the privacy, publicity, or other rights of third parties, (iii) is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion, (iv) is false or inaccurate, or (v) could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all of our users, you may be exposed through Allegiant Deals to Content that violates our policies or is otherwise offensive. You use Allegiant Deals at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on Allegiant Deals whether it violates our content policies or not.
Copyright and Trademarks
Everything located on Allegiant Deals is the property of Allegiant, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, designs and software code. You are granted a limited, revocable, non-exclusive license to display that content as part of our services solely for your personal use. You may not modify, rent, lease, loan, sell, distribute or create derivative works unless you have received specific permission to do so in a separate agreement from us. Unauthorized use of any content displayed on the Site is a violation of United States and international copyright laws.
You agree to not use Allegiant Deals or export any portion of it in violation of U.S. export regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. list of prohibited or restricted parties.
Disclaimers and Limitation of Liability
We make no representations or warranties of any kind, expressed or implied, as to the operation of Allegiant Deals or to the content, information, products, or services featured on Allegiant Deals. We provide Allegiant Deals on an "as is" and "as available" basis. Allegiant Deals may provide links or references to other sites, but we have no responsibility for the content of such other sites and we are not liable for any damages or injury arising from that content. Any links to other sites are provided merely as a convenience to the users of Allegiant Deals. The information presented here has been compiled by us from internal and external sources. However, no representation is made or warranty given as to the completeness or accuracy of such information. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. We are not liable for any damages or injury resulting from your access to, or inability to access Allegiant Deals, or from your reliance on any information provided in Allegiant Deals.
You agree to use Allegiant Deals at your own risk. You expressly understand and agree that Allegiant, its affiliates and their respective officers, directors, employees, and agents, or any person or entity involved in creating, producing, posting or distributing content will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use Allegiant Deals, however caused and under any theory of liability.
To the full extent permissible by applicable law, we disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Application, the Site, servers, or emails sent from Allegiant Deals are free of harmful components, such as viruses.
UNDER NO CIRCUMSTANCES SHALL ALLEGIANT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, ALLEGIANT DEALS, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF ALLEGIANT DEALS, THE PRODUCTS OR SERVICES LISTED BY ALLEGIANT DEALS, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ALLEGIANT DEALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ALLEGIANT OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify, defend, and hold harmless Allegiant, its affiliates and their respective directors, its officers, directors, employees, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the terms and conditions contained in these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing Allegiant Deals using your User ID.
We may terminate this agreement at any time. We shall have the right to immediately terminate any passwords or accounts of yours in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this agreement. The provisions relating to Modified Terms, User Conduct, Privacy, Copyright and Trademarks, Disclaimers and Limitations of Liability and Indemnification will survive the termination of this agreement.
a. Unsubscribe. You may at any time unsubscribe or cancel your Allegiant Deals account, subscription or any other relationship with Allegiant Deals which is being governed by these Terms via the cancellation method notified to you at sign up. Please note, however, that Allegiant Deals will not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of the Allegiant Deals Services that you have already used or previously committed to.
b. Termination of Account. We may at any time terminate your account or prevent you from gaining access to Allegiant Deals. If we terminate your account, we may immediately delete all the files and information on your profile and prevent you from accessing your profile. We will use reasonable efforts to give you notice of termination or suspension of access to Allegiant Deals, but this may not always be possible. We will not be liable to you or to any third party for termination or for any permanent or temporary suspension of any of the Site, the Application or any of our services.
c. Force Majeure. We will not be liable to you or to any third party for any failure, suspension and/or termination of access to Allegiant Deals in connection with or arising out of a force majeure event including, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.
d. Governing Law. If there is any dispute about or involving Allegiant Deals, by using the Application, you agree that the dispute will be governed by the laws of the state of Nevada without regard to its conflict of law provisions. To the extent permitted by law, you agree to personal jurisdiction by and venue in the state and federal courts of Nevada. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court located in Clark County, Nevada over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.
e. Assignment. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
f. Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to Allegiant at 8360 South Durango Drive, Las Vegas, NV 89113, Attn.: Customer Service, or any other address of which either party hereto may from time to time notify the other in accordance with this Section. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.
g. No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
h. Interpretation. The article, section, and paragraph titles and headings contained in this Agreement are inserted as a matter of convenience and for ease of reference only and will be disregarded for all other purposes, including the construction or enforcement of this Agreement or any of its provisions. No provision of this Agreement shall be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with one or more provisions contained in a prior version of these Terms.
We may collect, use and/ or maintain records of your personal information such as your name, address, phone number, membership data and/ or other unique personal identifier, as the case may be, to provide and facilitate use of Allegiant Deals. The personal information we collect may also be used for the following purposes: to facilitate purchase, redemption or use of Deals, for troubleshooting problems and technical or security issues, for other internal purposes, for detecting and protecting against error, fraud or other criminal activity, to enforce these Terms or as required by any applicable laws, rules or regulations or governmental requirements, as otherwise expressly informed at the time of collection, and to keep you informed about our products and services.
We may also maintain and use records of such information to send you updates and news about Allegiant Deals. If you do not want to receive updates, or other notifications from us, please let us know by indicating your preference when you register for Allegiant Deals or by emailing us at firstname.lastname@example.org. Alternatively, you can opt-out of receiving further communications from us by updating your notification preferences on www.allegiantvacations.com or in the Application, or by using the response mechanism in our communications with you.
We will send you direct information or advertising about third party products or services that may interest you and will include unsubscribe information therein.
Find out how to disable/enable cookies by clicking on the "Manage Cookies" section of the Interactive Advertising Bureau website on the following link http://www.allaboutcookies.org/.
Except as expressly provided herein, absent your prior consent, we do not permit unrelated third parties to perform "reverse searches" whereby they could identify users from email addresses. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with Allegiant Deals:
- Advertisers. We may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. In these situations, we would only disclose information that could be used to identify you personally with your explicit consent.
- Analytics Providers. We may use third parties that we refer to as analytics providers to analyze and track aggregated anonymous statistical information about your general Application and internet usage. Allegiant Deals and/or Allegiant Deals' analytics providers may perform statistical, demographic and marketing analysis of this information for product development purposes and this information may also be used to allow our advertisers to provide, in aggregate, more targeted advertising.
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on Allegiant Deals from persons under 18 years of age, and no part of our services are directed to persons under 18. If you are under 18 years of age, then please do not use or access Allegiant Deals at any time or in any manner. If we learn that personally identifiable information of persons under 18 years of age has been collected within Allegiant Deals, then we will take the appropriate steps to delete this Information.
In the event that we are acquired by or merged with a third party entity, or sell all or substantially all of our assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred or used.
ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF ALLEGIANT DEALS AS OFFERED BY SPECIFIC PARTNERS AND ARE AN INTEGRAL PART OF THE ABOVE LICENSE
In the event that you have acquired the Application via the Microsoft Corporation ("Microsoft") application store, Windows Market Place,
- you acknowledge and agree that we, and not Microsoft, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services; and
- you acknowledge and agree that neither Microsoft, nor your Network operator or Device manufacturer has any obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services. Additionally, notwithstanding any provision to the contrary included in these Terms, when you acquire Allegiant Deals via Windows Market Place you will be able to install the Application on up to five (5) devices that are associated with your Windows Live ID.
In the event that you are using a Device or Third Party Application provided by Research in Motion, Ltd. ("RIM"),
- you agree that RIM, its subsidiaries and any third party merchant that is operating within the RIM applications store, known as the BlackBerry App World, ("Reseller") are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, RIM and the Reseller will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof;
- you acknowledge and agree that we, and not RIM or the Reseller, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services;
- you acknowledge and agree that RIM or the Reseller has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services; and
- you acknowledge and agree that when the Application is purchased from the BlackBerry App World it will be available only on RIM Devices. Additionally, notwithstanding any provision to the contrary included in these Terms, when using a RIM Device you shall be able to reinstall the Application in accordance with the rules of the My World repository, which are available within the BlackBerry App World.
In the event that you are using a Device or Third Party Application provided by Apple, Inc. ("Apple"),
- you agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof;
- you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application and/ or the Services;
- you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services; and
- in the event of any failure of the Application and/ or the Services to conform to any applicable warranty, you agree to notify Apple of such failure. Upon notification Apple will refund the purchase price for the Application and/ or Services (if any) to you.
In the event that you are using a Device or Third Party Application provided by AT&T Mobility or any AT&T Affiliate (collectively "AT&T"),
- you acknowledge and agree that we, and not AT&T, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services;
- you acknowledge and agree that AT&T has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services;
- you acknowledge and agree that in the event of any failure of the Application and/ or the Services to conform to any applicable warranty, you may notify AT&T of such failure. Upon notification AT&T will refund the purchase price for the Application (if any) to you. To the maximum extent permitted by applicable law, AT&T will have no other warranty obligation whatsoever to you with respect to the Application and/ or Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty; and
- you acknowledge and agree that AT&T, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, AT&T will have the right to (and will be deemed to have accepted the right to) enforce these Terms against you as the third party beneficiary thereof.