Cheer Travel Rewards®

Terms of Use

Services.

This website (“Site”) is provided as a service to you by Cheer Travel Rewards, LLC ("CTR"). The use of the Site and any content (collectively “Content”) available on the Site are set forth in these Terms of Use (“TOU”). By using the Site or the services provided by or through the Site (the “Services”), you agree to abide by the terms, conditions, and guidelines set forth in these TOU.

Acceptance of Terms.

CTR reserves the right to update or change these TOU at any time without notice. Such changes will be effective on the date that such modified TOU is posted on the Site. You are responsible for regularly reviewing these terms, conditions, and guidelines. YOUR USE OF THE SITE OR SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE AND AGREEMENT OF ALL SUCH CHANGES

In addition, CTR reserves the right to suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or Content. CTR may also impose limits on features or restrict access to parts of the Site.

CTR OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TOU. THESE TOU CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THESE TOU.

User Name, Password, and Security.

You are responsible for maintaining the confidentiality of your user names and passwords, and you are solely responsible for all activities that occur under your user names and passwords. You agree to immediately notify CTR of any unauthorized use of your user names and passwords or any other breach of security related to the Site. CTR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME AND/OR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE, OR TO OTHERWISE COMPLY WITH THIS SECTION. YOU MAY BE HELD LIABLE FOR LOSSES OR DAMAGES INCURRED BY CTR OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR USER NAME AND/OR PASSWORD.

Eligibility.

The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a subscription or service agreement with CTR. The Services and the Site are not available to travel agencies for re-branding or re-selling purposes exclusively, but will be available to individuals or entities wishing to manage the Site on behalf of individuals or entities as long as the individual or entity it represents is the primary subscription holder. Without limiting the foregoing, the Services and the Site are not available to minors. You represent that you are at least 18 years of age and have attained the age of majority in the province, state, or country in which you reside, and any information that you submit is correct. If you do not qualify, you may not use the Services or the Site.

Privacy.

CTR knows how important privacy is to its customers and is committed to honoring the privacy of its Site users. You can review CTR's privacy policy relating to the collection and use of your information in connection with the use of the Site and/or Services, which is incorporated by reference into these TOU, by clicking here.

In order to ensure that CTR is able to provide high quality services that are responsive to customer needs, CTR employees may need to access your accounts and records on a case-by-case basis to investigate complaints or other allegations or abuse. In addition, you authorize CTR and its agents to access Third-Party Linked Sites designated by you or on your behalf, to retrieve information requested by you, and you appoint CTR and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting CTR and its agents to process your request and use information submitted by you to accomplish the foregoing.

Links to Third-Party Sites.

Some of the links on the Site may allow you to leave the Site. Third-party sites to which the Site may link (“Third-Party Linked Sites”) are not in any way under CTR's control, and CTR DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, TRANSMISSIONS, SERVICES, GOODS, OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH THIRD-PARTY LINKED SITES. Absent express language to the contrary, CTR does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such Third-Party Linked Sites are provided for convenience only.

Assumption of Risk.

YOU AGREE THAT YOU USE THE SITE AND/OR SERVICES AND/OR ANY THIRD-PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT CTR DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, IMPROPER, OR UNAUTHORIZED USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THE SITE AND/OR SERVICES.

General Disclaimer.

THE SITE, THIRD-PARTY LINKED SITES, AND ALL SERVICES, CONTENT AND MATERIALS PROVIDED IN THE SITE OR ON THIRD-PARTY LINKED STIES, ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS, AND YOUR USE OF ALL SUCH SITES, SERVICES, CONTENT, AND MATERIALS IS AT YOUR OWN RISK. NEITHER CTR NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER CTR NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS MAKES ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO AND USE OF THE SITE OR ANY THIRD-PARTY LINKED SITE WILL BE (1) UNINTERRUPTED OR ERROR-FREE, (2) FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) SECURE, OR (4) AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER CTR NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, INCLUDING ANY THIRD-PARTY LINKED SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, THE SITE, OR ANY THIRD-PARTY LINKED SITE, (3) THAT ANY DEFECTS IN THE SITE OR THIRD-PARTY LINKED SITES WILL BE CORRECTED, (4) COMPATIBILITY BETWEEN THE SITE AND THIRD-PARTY LINKED SITES, SERVICES, SOFTWARE AND HARDWARE, (5) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITES IN AN ACCURATE OR TIMELY MANNER, OR (6) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD-PARTY LINKED SITES. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES, SITE, OR THIRD-PARTY LINKED SITES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

Limitation of Liability.

IN NO EVENT WILL CTR OR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY THIRD-PARTY LINKED SITES, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE OR ANY THIRD-PARTY LINKED SITE, INLCUDING LOST PROFITS, LOST DATA, BUSINESS OR GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THESE TOU AND CTR WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THESE TOU, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CTR PARTY WITH RESPECT TO THESE TOU OR THE SITE, THE SERVICES OR ANY THIRD-PARTY LINKED SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE THRID-PARTY LINKED SITE.

Disclaimer of Liability.

WITHOUT LIMITING THE FOREGOING, CTR, IN PROVIDING SERVICES PURSUANT TO THESE TOU, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, LOSSES, INJURIES, DEATHS, PROPERTY DAMAGE, ACCIDENTS, DELAYS, NON-PERFORMANCES, OR ANY OTHER IRREGULARITIES, OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING THEREFROM, WHICH MAY BE OCCASIONED BY THE NEGLECT, DEFAULTS, BANKRUPTCIES OR ANY OTHER ACTIONS OF THE AIRLINES, OR THIRD PARTY SUPPLIERS ENGAGED IN THE FURNISHING OF TRAVEL OR TRAVEL RELATED SERVICES HEREUNDER. CTR DOES NOT GUARANTEE OR ENSURE THE SERVICES TO BE PROVIDED BY ANY SUPPLIER, THE FINANCIAL POSITION OF SUPPLIERS, OR THE REIMBURSEMENT FOR ANY LOSS EXPERIENCED AS A RESULT OF THE FINANCIAL CONDITION OF SUPPLIERS.

Prohibited Uses.

As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Your use of the Services or the Site for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of these TOU or any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:

1. Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
2. Threaten, harass, defame, embarrass, or distress any other person or group;
3. Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;
4. Use “auto-responders”, “cancel-bots” or other similar mechanisms that generate excessive network traffic;
5. Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
6. Post, send or relay any unsolicited advertising;
7. Post or send any fraudulent or misleading offers of products, items, loans or other services;
8. Post any misleading, inaccurate or fraudulent information;
9. Post any duplicative or unsolicited messages;
10. Harvest or otherwise collect information about others, including email addresses, without their consent;
11. Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
12. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.

Termination/Access Restriction.

CTR may terminate these TOU, or terminate or suspend your access to the Site and/or Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Site and/or Services will immediately cease. In the event of a termination, the Assumption of Risk, General Disclaimer, Limitation of Liability, Disclaimer of Liability, Termination/Access Restriction, Proprietary Rights, Assignment, Indemnity, Applicable Laws and General Terms Sections set forth in these TOU shall survive. Users who violate these TOU may additionally incur criminal and/or civil liability. CTR may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

Proprietary Rights.

You acknowledge and agree that the Service and any CTR software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. CTR grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software using any supported mechanism or device solely for the purpose of accessing the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, distribute, transmit, display, perform, reproduce, publish, reverse engineer, reverse assemble, sell, assign, sublicense or otherwise attempt to discover any source code or a grant a security interest in or otherwise transfer any right in the Software. Your use of any Software associated with the Site may be governed by additional terms and conditions in a license agreement. If a license agreement does not exist, then your license to such Software shall be subject to the terms of these TOU. You agree not to access the Service by any means other than through the interfaces provided by CTR for use in accessing the Service.

Trademarks.

The trademarks appearing on the Site, including those of CTR are the property of their respective owners. CTR's trademarks may be used only with the express written permission of CTR. The design and layout of the Site, and all other websites owned, operated, licensed, or controlled by CTR or its subsidiaries, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by CTR. Other product and company names mentioned on the Site may be the trademarks of their respective owners.

Miscellaneous Charges.

You shall be responsible for all applicable taxes and miscellaneous charges, including, but not limited to, sales and use taxes, prepaid ticket charges, cancellation charges, airline service fees, penalty fares and all other third party imposed charges, as well as cancellations received too late to avoid such charges. Airline debit memos, recall commissions, and audit adjustments arising from your travel shall be deducted from commissions and fees or shall be payable upon demand. In the case of a substantiated agent error, CTR’s responsibility shall be limited to the amount attributable to the actual error, and not the entire cost of the ticket. CTR shall not be responsible for debit memos which do not result in a payment by you for which you would have otherwise been responsible had the error not occurred. Your obligation to pay debit memos shall continue for two (2) years following the termination or expiration of these TOU.

Assignment.

CTR may assign these TOU, in whole or in part, at any time with or without notice to you. You may not assign these TOU, or assign, transfer, or sublicense your rights, if any, in the Site.

Indemnity.

You agree to indemnify, defend at your expense, and hold harmless CTR, its telecommunications providers, service providers, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, if any, from any and all third-party claims, and any and all liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or relating to (1) your use of the Services, the Site, and/or any Third-Party Linked Site, (2) any content you post, email, transmit, or relay either to CTR or by use of the Services, the Site, or any Third-Party Linked Site, (3) your violation of these TOU, (4) your alleged infringement of any intellectual property or other right of any person or entity, or (5) your violation of any applicable laws, statutes, or regulations.

Applicable Laws.

Both you and CTR agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, will govern all matters relating in any way to these TOU or to your use of the Site. Both you and CTR hereby consent to the jurisdiction and venue of the Texas courts as to all matters arising from or in connection with the Site and these TOU. CTR makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from outside the State of Texas do so on their own initiative and are responsible for compliance with local laws.

General Terms.

If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these TOU will continue in effect. CTR's failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. Any waiver of any provision of these TOU will be effective only if unambiguously made in writing and signed by CTR. Except as expressly stated herein, these TOU constitutes the entire agreement between you and CTR with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CTR with respect to the Site. The Section titles in these TOU are solely used for the convenience of the parties and have no legal or contractual significance.