Terms of Use

These terms and conditions apply to all users of this Pointsearch website. Before using this website, please take a few minutes to review the following legal terms and conditions and the terms of our online Privacy Policy, which are incorporated herein by reference (collectively referred to as “Terms of Use”). By accessing and using this website for any purpose, including the creation of travel itineraries, you agree to be bound by the Terms of Use. If you do not agree with these Terms of Use, you may not access or otherwise use this website.

Use of the Website

Pointsearch grants you a limited right to use this website for your personal, noncommercial use only. You agree to comply with all applicable laws, statutes and regulations regarding use of the website. You may access and view the content on the website on your computer or other Internet compatible device, including mobile devices and tablets, and make single copies or prints of the content on the website for your personal use only.

Use By Children

The website is not intended for users under the age of 18 and parents or guardians may not agree to the Terms of Use on their behalf. Pointsearch does not knowingly collect personal identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted or retained by us.

Intellectual Property

Any and all text, images, designs, marks, and other content of this website (“Content”) are copyrighted, trademarked, protected by trade dress or otherwise proprietary to Pointsearch. If you believe that any item of the Content has been copied and is accessible on this website in a way that constitutes copyright infringement or the infringement of any other intellectual property rights, please notify Pointsearch as soon as possible so that Pointsearch may act promptly and appropriately.

Third-Party Suppliers; Accuracy of Information

Pointsearch is not a travel agency and does not provide or own transportation services, restaurants or accommodations. Although Pointsearch displays information about travelrelated goods and services of third-party suppliers and facilitates reservations with certain suppliers, such actions do not in any way imply, suggest, or constitute Pointsearch’s sponsorship or approval of third-party suppliers, or any affiliation between Pointsearch and third-party suppliers. While Pointsearch uses reasonable efforts to provide accurate and complete information on this website, information about destinations, travel suppliers, travel-related goods and services or their availability or prices may be inaccurate, incomplete or out of date. Based on variations in computer monitors and other computer hardware, software and Internet browsers, colors and other attributes of the information may not be displayed accurately.

Links

The Pointsearch website contains links to third-party websites. Links to other websites are provided for your convenience and a link does not imply endorsement of, sponsorship of, or affiliation with a linked site by Pointsearch. Pointsearch does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Pointsearch is not responsible for the contents of any linked site and does not warrant, represent, or assume responsibility or liability for the accuracy, security, completeness, or operation of any linked site or any information or other materials downloaded from or contained on or in any linked site. Before using other websites or disclosing personal information to them, you should examine the terms and conditions of those websites, as they may differ from the Pointsearch website.

Disclaimer/Limitation of Liability

The Pointsearch Website, Its Content, And Any Information Available On Or Through The Website Are Provided “as Is” And “as Available” And Without Any Representations Or Warranties Of Any Kind, To The Fullest Extent Permitted Pursuant To Applicable Laws, Of Accuracy, Reliability, Title, Merchantability, Non-infringement, Fitness For A Particular Purpose Or Any Other Warranty, Condition, Guarantee Or Representation, Whether Oral, In Writing Or In Electronic Form, Including But Not Limited To The Accuracy Or Completeness Of Any Information Contained Therein Or Provided By The Website.

Pointsearch Does Not Represent Or Warrant That Access To The Pointsearch Website Will Be Uninterrupted Or That There Will Be No Failures, Errors Or Omissions Or Loss Of Transmitted Information, Or That No Viruses Will Be Transmitted. Without Limitation, Pointsearch Does Not Warrant The Accuracy Or Completeness Of Any Information Included In Any Itinerary Or Other Information Created Or Provided Through The Website. Users Are Solely Responsible For Ensuring The Accuracy Of All Information Provided And Pointsearch Shall Undertake No Responsibility For Damages Caused By The Inclusion Of Erroneous, Incomplete Or Outdated Information In Such Itineraries.

The Hotels, Restaurants, Airlines And Other Suppliers Providing Travel Or Other Services Or Products On This Website Are Independent Contractors And Not Agents Or Employees Of Pointsearch. Poinsearch’s Display Through The Website Of Travel Information Of Such Third Parties Does Not In Any Way Imply, Suggest, Or Constitute Any Sponsorship Or Approval By Pointsearch Of Such Supplier Or Any Affiliate Of Such Supplier. You Agree That Pointsearch Is In No Way Responsible For The Accuracy, Timeliness, Or Completeness Of Information It May Obtain From These Suppliers. Your Interaction With Such Suppliers Is At Your Own Risk. Pointsearch Will Have No Liability For The Acts, Errors, Omissions, Representations, Warranties, Breaches Or Negligence Of Any Such Suppliers Orfor Any Personal Injuries, Death, Property Damage, Or Other Damages Or Expenses Resulting Therefrom.

Concur And Its Affiliates Have No Liability And Will Make No Refund In The Event Of Any Delay, Cancellation, Overbooking, Strike, Force Majeure, Or Other Causes Beyond Our Direct Control. Pointsearch Shall Not Be Liable To You Or Any Third Parties For Any Direct, Indirect, Special, Consequential Or Punitive Damages Allegedly Sustained Arising Out Of This Agreement, Including But Not Limited To: The Providing Of Services Hereunder, The Delivery Or Non-delivery Of Information, The Sale Or Purchase Of Any Goods Or Service, Your Access To Or Inability To Access The Website, Including For Viruses Alleged To Have Been Obtained From The Website, Your Use Of Or Reliance On The Service Or Any Of The Merchandise, Information Or Materials Available On The Website, Regardless Of The Type Of Claim Or The Nature Of The Cause Of Action, Even If Advised Of The Possibility Of Such Damages.

Some States Do Not Allow The Exclusion Of Implied Warranties Or The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages, So The Above Exclusions Or Limitations May Not Apply To You. You May Also Have Other Rights That Vary From State To State. You Hereby Agree To Release Pointsearch, Its Officers, Managers, Members, Employees, And Agents From Claims, Demands And Damages (Actual And Consequential) Of Every Kind And Nature, Known And Unknown, Suspected And Unsuspected, Disclosed And Undisclosed, Arising Out Of Or In Any Way Connected With Your Use Of The Website. If The Foregoing Limitations Are Held Inapplicable Or Unenforceable For Any Reason, Then The Maximum Liability Of Pointsearch To You For Any Type Of Damages Shall Be Limited U.s. $100.00.

Indemnification

You agree to indemnify, defend, and hold Pointsearch harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use or operation of the website.

Dispute Resolution

i. General Information
Pointsearch is committed to customer satisfaction, so if you have a problem or dispute, Pointsearch will try to resolve it with a neutral and cost effective means of resolving the dispute or claim quickly. Accordingly, you and Pointsearch agree that we will resolve any claim or dispute at law or equity relating in any way to the website, any information, services or products provided by us, any representations made by us, or the Terms of Use (each, a “Claim”) in accordance with one of the subsections below or as Pointsearch and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

ii. Law and Place of Dispute
These Terms of Use are governed by and will be construed according to the laws of the State of New York in any proceeding or legal process, without regard to any conflict of law provisions. You agree that any Claim may be brought only in the state or federal courts in Rockland county, New York, and in using this website, you consent to jurisdiction of such courts for the purpose of litigating such actions.

iii. Arbitration
Any Claim (excluding claims for injunctive or other equitable relief) shall be resolved exclusively by binding non-appearance-based arbitration pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”). The arbitration will take place in New York, New York. Part or all of the arbitration may be conducted by telephone or based on written submissions, and will not require the personal appearance of the parties or any witnesses unless otherwise agreed by the parties. The allocation of costs and fees for such arbitration shall be determined in accordance with AAA Rules. The arbitration shall be conducted by a single, neutral arbitrator who shall be appointed by the AAA. The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. Nothing in these Terms of Use will prevent a party from seeking injunctive or other equitable relief with respect to the infringement, misappropriation or other violation of such party’s intellectual property or other proprietary rights in any court of competent jurisdiction. In the event the foregoing agreement to arbitrate is deemed unlawful, void, or for any reason unenforceable with respect to any claim, dispute or controversy, then you agree that any Claim, shall be filed and adjudicated only in the state and federal courts located in or having jurisdiction in Rockland County, New York and you hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.

iv. Improperly Filed Claims
All claims you bring against Pointsearch must be resolved in accordance with this Dispute Resolution section. Any Claim filed or brought contrary to the Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution section, Pointsearch may recover attorneys’ fees and costs up to $1,000.00, provided that Pointsearch has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the Claim.

v. No Class Actions
Any and all proceedings to resolve a Claim will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in a court rather than in arbitration we each waive the right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. Any arbitration decision may be confirmed by any court with competent jurisdiction.

Modifications to these Terms of Use

Pointsearch reserves the right to make changes to the Terms of Use or any related policies or practices. You should therefore review this page from time to time for updated information. Any changes to the Terms of Use will be posted to this website.