Acceptance Of Terms

Welcome to Skyward Innovation's TripChill™ website (the "Site"). Please read the following Terms of Use (the "Terms") carefully. Through the Site, you have access to content, documents, materials, information, software, products and services (the "Content") such as consumer tools, software downloads, communication forums, product and service information. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on the Site ("Terms of Use") and our Privacy Policy. Skyward Innovations, Inc. ("Skyward") reserves the right to change these Terms at any time without notification. Please refer to this site periodically for any changes.

Description Of Service 

The Site provides users with access to travel related information that could assist with their travel plans. You also understand and agree that the Site may gather information regarding your personal profile and preferences. You also understand and agree that the service may include certain communications from the Site and that these communications are a part of the membership of this Site. The text, images, and other contents of the Site (collectively, the "Contents") are protected by the copyright laws of the United States and other countries. Skyward grants you a license to view the Contents on the publicly accessible areas of the Site. This license does not include the right to screen scrape, reproduce, distribute, broadcast, modify, or otherwise commercially exploit any of the Contents, except that reproduction incidental to your use of the Site in accordance with these Terms is permitted. The license can be terminated by Skyward at any time with or without cause. You understand and agree that the Site is provided "AS-IS" and that Skyward assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.

No Unlawful or Prohibited Use

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site. You may not access or use the Site in any manner that could damage, disable, overburden, or impair any Skyward accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any Skyward accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Site or any Skyward accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Site or any Skyward accounts, computer systems or networks without Skyward's express written permission.

Modifications To Site

Skyward reserves the right at any time and from time to time to modify the Contents or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Skyward will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.

Account Security

You are required to provide a password to complete the Site registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Skyward of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Skyward cannot and will not be liable for any loss or damage arising from your failure to comply.

Termination of Use

You agree that Skyward, in its sole discretion, may terminate your access to or use of the Site, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site under any provision of these Terms may occur without prior notice to you, and you also agree that Skyward will not be liable to you for any termination of your access to the Site.

Additionally Skyward reserves the right to terminate any subscription or purchase to use the Site (or any part thereof), termporarily or permanently, with or without notice to you. You agree that Skyward will not be liable to you for a refund of any kind.

Skyward respects the intellectual property of others and will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed through the Site, you must provide our agent with the following information in writing:

1. Description of the copyrighted work you believe has been infringed.
2. Information identifying the location of the allegedly infringing material on the Site.
3. Your address, email address, and telephone number.
4. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
5. Your electronic or physical signature of the person authorized to act on behalf of the owner of the copyright material.

Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may take other action against the person or persons responsible for posting or transmitting the infringing material. Skyward's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent, c/o Skyward Innovations, Inc. PO Box 159, Stratham, NH 03885-0159

By phone: (603) 791-0064

By email: copyright@skywardinnovations.com

Privacy Policy

Account data and certain other information about you is subject to our Privacy Policy.  For more information, see our full privacy policy at http://www.tripchill.com/PPolicy.aspx.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SKYWARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SKYWARD MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. SKYWARD SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES. LIMITATION OF LIABILITY IN NO EVENT SHALL SKYWARD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN THE “DISCLAIMER” AND “LIMITATION OF LIABILITY” SECTIONS, DO NOT APPLY.

Indemnity

You agree to indemnify and hold Skyward and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Site or Content on the Site, your uploading, emailing, posting, publishing or otherwise transmitting Content to any Forum or submitting any Content to Skyward, your connection to the Site, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation of any rights of another.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site (including your Skyward user accounts), use of the Site, or access to the Site.

Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Skyward in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Skyward outside the U.S. Neither the services of Skyward nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of New Hampshire. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court serving the State of New Hampshire. You and Skyward agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Text Messaging

If you configure the TripChill™ service to send you notifications over text messaging, Standard Text Messaging Rates will apply. Check with your mobile phone carrier or the terms of your wireless plan for details.

Links

The Site may contain links to other sites, whose terms of use and privacy policies will be different from ours. Skyward is not responsible for the contents, terms of use, or privacy policies of external sites. You agree that Skyward is not responsible for the availability of, and Content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Skyward is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Skyward is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Skyward is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Copyright/Trademark Information

Copyright © 2008, Skyward Innovations. All rights reserved. TripChill™, TripChill ToGo™, and TripChill Mobile™ are registered trademarks and service marks of Skyward Innovations Corporation and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners. 

SELLER OF TRAVEL

We book your hotel reservations with TravelNow.com.  The TravelNow.com California registration number is: 2059975-40

Registration as a seller of travel in California does not constitute the state's approval.

Prepaid Hotel Transactions

Please click here to see the TravelNow.com terms of use page. Reference the the Prepaid Hotel Transactions section.

Hotel Booking Restrictions

The service can only book you a hotel until 8pm local time relative to the airport that you are located at or near. A list of hotel phone numbers is provided over text messaging or email when a hotel cannot be booked.

Purchasing Subscription

You can subscribe to TripChill™ Real-time Monitoring. Subscribe to either a monthly or annual subscription. When purchasing a monthly subscription, access to Real-time Monitoring begins at the time of purchase or extends your existing subscription by one month. When purchasing an annual subscription, access to Real-time Monitoring begins at the time of purchase or extends your existing subscription by one year. TripChill™ shows your subscription expiration date when viewing your itinerary. Subscriptions automatically renew on their expiration date.

You can unsubscribe at any time. Unsubscribing from Real-time Monitoring cancels automatic renewal of your subscription and does not affect your current expiration date. Even though you cancelled your subscription, Real-time Monitoring of your travel itineraries will continue until your expiration date and then no renewal of your subscription will occur.

Accuracy of Travel Itineraries

Travel is constantly changing. Suppliers change routes and plans all the time. Information you may have added on one day may be invalid on the next day due to you and your suppliers change of plans. You are responsible for the accuracy of the information you import or manually input into TripChill™. You must verify that the information provided is accurate especially when your travel plans are about to begin. You must review all data you input in an effort to make sure that the information is accurate.

Under some circumstances, TripChill™ will report to you inaccuracies in your travel itinerary before and during your travel. Certain conditions will prompt you to correct the inaccuracy. If you are prompted to correct an inaccuracy, then you must provide a correction. Failure to correct this inaccuracy will cause the monitoring of your itinerary through that travel segment to be suspended and no additional notifications will be sent to you.

Acquiring Travel Itinerary Information

TripChill™ offers three methods to you for inputting your itinerary information:

1. Email Import - TripChill™ can parse many forms of travel itineraries provided to you by the suppliers you purchased your travel from. From your email account associated with your TripChill™ account, forward the email containing your suppliers unaltered itinerary information to travel@tripchill.com. Although we strive to identify all suppliers and itinerary formats, TripChill™ may fail to recognize your suppliers itinerary format. Additionally TripChill™ accepts english-only itineraries in HTML, text, and PDF formats for import. If you receive a rejected email, a reason for rejection is supplied. If you are able to correct why the itinerary is rejected, correct it and resend it to travel@tripchill.com.
2. Manual Input - TripChill™ offers you the abiliity to manually input your itinerary information from your web browser, Apple iPhone, and Google Android mobile devices. There is also limited support to manually input your itinerary information from RIM Blackberry, Windows Mobile, and other mobile devices that have a mobile web browser available.
3. Booking a Hotel or Car Rental - All bookings made through TripChill™ are automatically added to your itinerary.

Accuracy of Travel Data

The data presented by this service is reported by suppliers and is only as good as their ability to report it. If your travel demands accurate and timely information at all times, then you are not a candidate for using this service. Although we strive to present the most accurate information at all times, we cannot guarantee the accuracy of the data.

Availability of Travel Data

Under some circumstances, suppliers do not report information about particular portions of your travel. We do not guarantee that every supplier you are travelling with can be monitored. If your travel demands that information for all of your planned travel be available, then you are not a candidate for using this service.

Under some circumstances, TripChill™ will notify you that information about a portion of your travel is not available and therefore cannot be monitored. When this situation arises, you are required to confirm acknowledging that this portion of your travel will not be monitored. Failure to confirm will cause the monitoring of your itinerary through that travel segment to be suspended and no additional notifications will be sent to you.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please send us an email at customerservice@skywardinnovations.com.