Updated as of June 16, 2020
- Membership Registration. Andaré may, at our sole discretion, make certain services available to users who register on the Site (“Members”) and general visitors to the Site who do not register (“Visitors”) (Members and Visitors are collectively referred to as “Users”).
To register a username and create an account, you warrant that:
- You are at least 18 years of age.
- You are providing accurate, up to date information about yourself. You further warrant that you will provide updated information about yourself, as this may impact your account.
- You will safeguard your account information and are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any use of your account by you and anyone other than you.
Andaré may make certain forums available on the Site that allow Members the opportunity to participate in moderated discussions and to post information on bulletin boards or make suggested edits to an Andaré online publication (“Forums”). Members who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is generally accessible to and may be collected and used by other Users, and may result in unsolicited online and offline messages from such viewers. Members are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
- Proprietary Rights. Andaré is the owner and/or authorized user or licensor of all content, including any trademarks and/or service marks appearing on the Site, unless otherwise indicated. Except as expressly stated, Andaré does not grant any license, sub-license, or other authorization with respect to the trademarks, service marks, other copyrightable material or any other intellectual property on the Site.
As a condition of your use of the Site, you agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site may be used by Andaré in any manner.
The Site is available to Users for non-commercial use only. Accessing the Site for personal or business-related travel is permitted. Any commercial use of the Site by sub-licensing or commercially distributing membership benefits is strictly prohibited, except as allowed herein or otherwise approved by Andaré. Any reproduction or any copy in any media form of any content on the Site shall not remove or cause to be removed any copyright, trademark, watermark or other proprietary notices or visual marks or logos from the content. You may not electronically archive or retain any content without the express prior written consent of Andaré. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You are prohibited from copying, modifying, or displaying Andaré’s name, logo, trademarks or service marks, text, or graphic images in any way, without the express written consent of Andaré. This prohibition includes, but is not limited to, any indicator that may create an impression of affiliation, sponsorship, or endorsement.
Where access to the Site or portions thereof is on a Membership or fee basis, you may not access the Site or portions thereof without registering your personal credentials.
- Prohibited Activities. The content on the Site as well as the infrastructure used to provide such content and information, is proprietary to us or our providers. You agree not to:
- Access, monitor, or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose;
- Bypass or circumvent other measures employed to prevent or limit access to this Site;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Probe, scan, or test the vulnerability of this Site or of the network supporting this Site, or seek information on Users of the Site or personal information of Andaré customers;
- Use or upload any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site;
- Deep-link to any portion of this Site for any purpose;
- “Frame,” “mirror,” or otherwise incorporate any part of this Site into any other website without our express written authorization.
- Restrict or inhibit any other User from using and enjoying the Site;
- Impersonate or misrepresent your affiliation with any other person or entity
- Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by Andaré); or
- Engage in spamming or flooding.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.
Andaré reserves the right to refuse to post or to remove any information or materials, in whole or in part, for any reason and at any time in our sole discretion. Andaré may also suspend or terminate any User’s use of the Site at any time in our sole discretion.
- Provider Rules and Restrictions; Third-Party Content. Separate terms and conditions will apply to your travel reservations and purchase of travel-related goods and services. Certain content on the Site contains information or material from third parties, and links to other non-affiliated websites. We may also provide links, advertisements, solicitations, data, or other information related to third parties and their products or services. We do not endorse and are not responsible or liable for the content of any advertising or other content provided by third parties on the Site.
You further acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites linked from the Site (“Linked Sites”). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with Andaré of such sites or the content, products, advertising or other materials presented on such websites. You acknowledge and agree that Andaré is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.
- User Material. Any information or content that you submit or send to Andaré or otherwise make available on or through the Site, including without limitation posts or comments made in Forums, will be known as “User Material.” By making User Material available on the Site, you:
- Agree and acknowledge that User Material will not be treated as confidential or proprietary;
- Represent and warrant that User Material:
- Does not contain a virus or other harmful component;
- Does not contain content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, false or deceptive, or fraudulent
- Does not contain, unless expressly permitted by Andaré, any advertising of any kind, or false or misleading indications of origin or statements of fact.
As a condition of your use of the Site, you grant Andaré the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, and display User Material (in whole or part) and/or to incorporate it in other works in any form, media, or technology. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your User Material.
Andaré does not represent or warrant the truthfulness, accuracy or reliability of any material posted by User through the Site, nor does Andaré endorse any opinions expressed by Users or other third parties on the Site.
- International Travel. You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Andaré has no special knowledge and provides no special or particular advice or information regarding foreign entry requirements or travel documents. We urge Users to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
BY OFFERING CONTENT FOR TRAVEL AND TRAVEL-RELATED GOODS AND SERVICES IN PARTICULAR INTERNATIONAL DESTINATIONS, ANDARÉ DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES, DEATH, DISEASE, PERSONAL INJURY OR ANY OTHER LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
9. Site Sponsors. User Material shared to the Site shall not contain any advertising of any kind without the express consent of Andaré. If you are interested in submitting advertising or promotional material to the Site, please contact us at: Info@AndareIncentives.com
10. Liability Disclaimer. The content published on or linked within the Site may include inaccuracies or errors. In particular, Andaré does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the hotel, activities, excursions, venues, and other travel products and services displayed on the Site (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.).
Any ratings, including without limitation, “Luxury Levels,” displayed on the Site are intended as only general guidelines, and we do not warrant to any extent or guarantee the accuracy of the ratings. Andaré makes no guarantees about the availability of specific hotels, activities, and services.
Andaré is not responsible for any errors, malfunctions, or adverse events that may occur from your use of or download of documents or related information or data from the Site.
The carriers, hotels and other suppliers providing travel or travel-related services via links within the Site are independent companies and not agents or employees of Andaré. Andaré is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Andaré has no liability in the event of any delay, cancellation, overbooking, strike, or force majeure, and we have no responsibility for any additional expenses, omissions, delays, or acts of any government or authority.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANDARÉ OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF ANDARÉ OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANDARÉ BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF ANDARÉ TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF: (A) ANY FEES YOU HAVE PAID TO ANDARÉ FOR YOUR ACCESS TO OR USE OF THE SITE IN THE PRECEDING TWELVE (12) MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).
DISCLAIMER OF WARRANTIES
ANDARÉ MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANDARÉ DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ANDARÉ MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANDARÉ OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. Indemnification. You agree to indemnify, defend and hold harmless Andaré, and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
B.) Your violation of any law or the rights of a third party; or
C.) Your use of the Site.
13. Account Termination. You agree that Andaré may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Site or change your password without notice. Termination of your account includes (or, if Andaré elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Site. You agree that all terminations and suspensions be made in Andaré’s sole discretion and that Andaré shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Site.
You agree that no joint venture, partnership, or employment relationship exists between you and Andaré as a result of this Agreement or use of the Site.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Andaré with respect to the Site and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us.
Andaré holds licenses for commercial content from third parties, including but not limited to Gary Jonas Computing Ltd. d/b/a Leonardo, Northstar Travel Media, LLC, and IcePortal, Inc., and utilizes commercially licensed content on the Site.
Any rights not expressly granted herein are reserved.