Yapta User Agreement

Yapta is a personal, automated way to track prices on the Internet that is made available by Yapta, Inc. ("Yapta", "we", or "us") for use by individual consumers ("you"). When you download and use the Yapta software (the "Yapta Client"), Yapta can help you track prices of travel on the Internet. The Yapta Client, working together with our central servers (the "Yapta Service" or "Service") does this in several ways. First, once you have downloaded the Yapta Client, when you are making or have made travel plans, Yapta will continually track the prices that have been entered into the central server. The Yapta Client does this by using the consumer's internet connection and automatically searches the website designated for updated or new pricing information. The Yapta Client then submits any updated information about your travel inquiry information to you in the form of an email. The Yapta central servers will also store the data so it can be reviewed on the secure website as well as in an email format. On the secured webpage the user can save the flights you want to monitor to your list of searches. Yapta is in no way adware, spyware or malware. Because advertising compensates Yapta in a variety of ways, your use of the Yapta Client and Service is free of charge.

BY ACCEPTING THESE TERMS AND CONDITIONS AND DOWNLOADING THE Yapta CLIENT, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND PROVISIONS OF THESE TERMS OF USE, HOW THE Yapta CLIENT WORKS WITH THE SERVICE AND AGREE TO BE BOUND BY THESE TERMS OF USE.

MOREOVER, BECAUSE THE Yapta CLIENT IS DESIGNED TO BE USED IN CONJUNCTION WITH THE Yapta SERVICE, YOUR USE OF THE Yapta CLIENT IS ALSO DEFINED AND LIMITED BY THE PRIVACY POLICY POSTED ON THE Yapta WEB SITE AT WWW.Yapta.COM (the "Yapta Site"). BY DOWNLOADING AND USING THE Yapta CLIENT WITH THE SERVICE YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THAT YOU CONSENT TO THE INFORMATION PRACTICES AND DISCLOSURES SET FORTH IN THE PRIVACY POLICY, AND AGREE THAT THOSE PRACTICES ARE REASONABLE.

  1. Limitations on Use. You agree that you will use the Yapta Sevice and Yapta Client solely for personal and non-commercial purposes. You agree that you will not use the Yapta Service for any purpose that is unlawful or prohibited. This is not limited to making any speculative, false or fraudulent refund claims or any refund claims in anticipation of price changes. Furthermore, you may not use Yapta in any manner that could damage, disable, overburden, or impair the Service or use Yapta Service in any manner that could interfere with any other party's use and enjoyment of Services or with the proper working of the Service.
  2. Changes. Yapta reserves the right to modify the Yapta from time to time, for any reason, without notice or liability to you or any third party. Yapta also reserves the right to discontinue or terminate your use of the Yapta Client and/or access to the Service at anytime, for any reason, and without notice or liability to you or any third party. Yapta has the right to modify these Terms of Use at any time in the future in its sole discretion and will post any such changes on the Yapta site.
  3. Intellectual Property Rights. You are granted a limited and non-exclusive right to use the Yapta Service subject to these Terms of Use. You acknowledge that Yapta owns all right, title and interest in and to the Yapta Client and business model including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Yapta Client software.
  4. Your Representations to Yapta. You represent and warrant that: (i) you are at least 18 years of age; (ii) you have authorized the download and installation of the Yapta Client; and (iii) if you are not the owner of the computer on which you download the Yapta Client, the owner of the computer has authorized you to do so on the owner.s behalf.
  5. Rights You Grant to Yapta. By installing the Yapta Client on your computer, you expressly authorize, agree and request Yapta to:
    • act as your agent to conduct automated price checks/queries on specified travel-related websites on your personal behalf, to retrieve information that was requested based upon your input, from your own personal or business computer. Yapta shall possess the full power, authority and discretion to do and perform these searches required to be done in connection with these activities, just as you might or could do in person;
    • perform automated price checks/queries on specified travel-related websites on behalf of other Yapta users, using the Yapta Client on your computer and your computer.s processing power, so as to retrieve pricing information requested by other users in the Yapta community of registered users;
    • automatically open a browser window, frame or other display mechanism on your computer (e.g. the Yapta Client) and resize any open browser windows as it sees fit;
    • automatically display a "Yapta button" on any travel website that you may be visiting, so as to enable you to click on the button and .tag. a flight itinerary, hotel, or any other travel product; These Yapta buttons are not part of the webpage that is provided by the airline or on-line travel provider. Neither the Yapta buttons nor the Yapta Tagger are necessarily endorsed, approved, sponsored, or licensed by the airline or on-line travel provider.
    • record information about any transactions, or about any travel products entered or specified by using the Yapta Client "tagger" button (flights, hotels, cars, cruise, etc), so as to enable Yapta to provide current and future information to the consumer;
    • periodically install updates to the Yapta Client on your computer and provide you with other information concerning Yapta and the Service.
  6. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Yapta, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE Yapta CLIENT, OR THE SERVICE WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE.

IN NO EVENT SHALL Yapta'S LIABILITY TO YOU EXCEED $100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE Yapta CLIENT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE.

THE LIMITATIONS IN THIS SECTION 8 SHALL APPLY (A) TO THE FULLEST EXTENT PERMITTED BY LAW; (B) EVEN IF Yapta OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (C) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE Yapta CLIENT, FROM INABILITY TO USE THE Yapta CLIENT OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Yapta CLIENT; OR (D) NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

This software contains the cURL library, which is distributed with the following permission notice.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.