Terms of Use & Service

Last modified: May 31, 2024

1. Acceptance of the Terms and Service

These Terms of Use and Service, together with any documents or other terms and conditions or agreements expressly incorporated by reference (collectively, the “Terms”), constitute a legally binding agreement between you, or any company you represent (collectively, “You,” “you,” or “User”), and Scott's Cheap Flights, Inc. DBA Going (“Going”). The Terms govern all User access to and use of https://going.com/, and any other Going website or client portal (collectively, the “Websites”), any Going mobile or desktop apps (the “Apps”), and any content, functionality, technology solutions and services offered on or through the Websites or Apps, including the free and paid subscription services (collectively, the “Services”), and the purchase of products or goods (the “Goods”) and gift cards available through the Websites or Apps. The Websites, Apps and Services are collectively referred to as the “Going Platform.”

Please read the Terms carefully before you start to use the Going Platform. By using the Going Platform in any way (including by viewing or browsing the Website, using the Apps, subscribing to Services, or viewing any Service’s communications (including emails from Going), or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the Going Privacy Policy and Notice, found at https://going.com/privacy-policy/ and incorporated herein by reference.

This Going Platform is offered and available to users who are 18 years of age or older. By using the Going Platform, you represent and warrant that you are of legal age to form a binding contract with Going and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Going Platform.

2. Changes to the Terms

Going may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when Going posts them and apply to all access to and use of the Going Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Going Platform.

Your continued use of the Going Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. Accessing the Going Platform and Account Security

Going reserves the right to withdraw or amend the Going Platform, and any service or material provided on the Going Platform, in Going's sole discretion without notice. Going will not be liable if for any reason all or any part of the Going Platform is unavailable at any time or for any period. From time to time, Going may restrict access to some parts of the Going Platform, or the entire Going Platform, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Going Platform.
Ensuring that all persons who access the Going Platform through your internet connection are aware of these Terms and comply with them.

To access the Going Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Going Platform that all the information you provide on the Going Platform is correct, current and complete. You agree that all information you provide to register with the Going Platform, post on the Going Platform, or otherwise, including but not limited to through the use of any interactive features on the Going Flights Platform, is governed by the Going Privacy Policy, and you consent to all actions Going takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of Going security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Going Platform or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that password. You agree to notify Going immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name (including an email address used as a user name) of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Going in its sole discretion deems offensive.

Going has the right to disable any user name, password or other identifier, whether chosen by you or provided by Going, at any time in its sole discretion for any or no reason, including if, in Going's opinion, you have violated any provision of these Terms.

4. Intellectual Property Rights

The Going Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Going, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Going Platform, including all Services, solely for your personal, non-commercial use only. If you wish to make commercial use of any of the materials accessed through the Going Platform, or wish to make materials public in any way, you must obtain prior express written consent from Going. Without limiting the generality of the foregoing, the following are types of uses that Going expressly defines as falling outside of “non-commercial use”: the sale or rental of (1) any part of the Going Platform, including the Services and any communications received via the Services; (2) any derivative works based at least in part on the Going Platform and Services; and (3) any collective work that includes any part of the Going Platform, including the Services and any communications received via the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Going Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If Going provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Going's end user license agreement for such applications.

You must not:

Modify copies of any materials from the Going Platform, including the Services.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Going Platform.

Except as otherwise agreed to between you and Going, you must not access or use for any commercial purposes any part of the Going Platform including any Services or materials available through the Going Platform.

If you wish to make any use of material on the Going Platform other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Going Platform in breach of the Terms, your right to use the Going Platform will cease immediately and you must, at Going's option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Going Platform or any content on the Going Platform or provided by the Services is transferred to you, and all rights not expressly granted are reserved by Going. Any use of the Going Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

5. Trademarks

The Going name, Going logos, and all related names, logos, product and service names, designs and slogans are trademarks of Going or its affiliates or licensors. You must not use such marks without the prior written permission of Going. All other names, logos, product and service names, designs and slogans on the Going Platform are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Going Platform, including the Services, only for lawful purposes and in accordance with these Terms. You agree not to use the Going Platform:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Going, a Going employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Going Platform, or which, as determined by Going, may harm Going or users of the Going Platform or expose them to liability.

Additionally, you agree not to:

Use the Going Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Going Platform, including their ability to engage in real time activities through the Going Platform.
Use any robot, spider or other automatic device, process or means to access the Going Platform for any purpose, including monitoring or copying any of the material on the Going Platform.
Use any manual process to monitor or copy any of the material on the Going Platform or for any other unauthorized purpose without Going's prior written consent.
Use any device, software or routine that interferes with the proper working of the Going Platform.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Going Platform, the server on which the Going Platform is stored, or any server, computer or database connected to the Going Platform.
Attack the Going Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Going Platform.

7. User Contributions and Shares

The Going Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Going Platform.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Going Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Going Platform, you grant Going and its affiliates and service providers, and each of their and Going’ respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

The Going Platform may also allow Users to share a Going deal or promotion to a third party and provide the third party’s contact information to Going (“Share Information”). and provide Going with permission to send the deal or promotion to the individual (the “User Friend”).

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Going and Going’ affiliates and service providers, and each of their and Going’ respective licensees, successors and assigns.
All of your User Contributions and Share Information provided are truthful, accurate, appropriate and comply with applicable law.
All of your User Contributions and the Share Information provided do and will comply with these Terms.
You personally know the User Friend, the Share Information was provided to you by the User Friend, and you have the right to provide the Share Information to Going.
You understand that, when you provide the Share Information to Going, your name and contact information may be provided to the User Friend by Going.

You understand and acknowledge that you are responsible for any User Contributions and Share Information you submit or contribute, and you, not Going, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness, and compliance with applicable law relating to the User Contribution and Share Information.

Going is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Going Platform.

8. Monitoring and Enforcement; Termination

Going has the right to:

Remove or refuse to post any User Contributions or use the Share Information for any or no reason in its sole discretion. Going may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
Take any action with respect to any User Contribution or Share Information that Going deems necessary or appropriate in Going’ sole discretion, including if Going believes that such User Contribution or Share Information violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Going Platform or the public or could create liability for Going.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Going Platform.
Terminate or suspend your access to all or part of the Going Platform for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, Going has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Going to disclose the identity or other information of anyone posting any materials on or through the Going Platform. YOU WAIVE AND HOLD HARMLESS GOING AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Going cannot and does not undertake to review all material before it is posted on the Going Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Going assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Going has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Going’ Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by Going or any other person or entity, if this is not the case.

10. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see Going’ Copyright Policy set forth below for instructions on sending Going a notice of copyright infringement. It is the policy of Going to terminate the user accounts of repeat infringers.

11. Reliance on Information Posted

The information presented on or through the Going Platform is made available solely for general information purposes. Going does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Price and availability of flights and other travel-related services is not guaranteed. Going does not represent or warrant that any prices, routes, classes of travel, or airlines will be available for booking (with cash and/or points) as such variables are under the control of the applicable airline or other travel-related provider.

You further acknowledge and agree that:

Going is not a provider of transportation services and is therefore not responsible for any issues that may arise with your transportation or travel-related services;
Information posted by Going is not a recommendation or endorsement of certain airlines, travel-booking platforms and other providers, routing, or destinations;
Airlines and other travel-related providers (i) control scheduling, cancellation, delays, downgrades, upgrades, and missed connections, (ii) may charge additional fees for such items as seat selection, luggage, meals, lounge access, and other optional travel services, and (iii) have certain policies regarding cancellation, no-shows, refunds, and delays;
Certain destinations (i) may have specific visa, citizenship, immigration, or vaccination requirements in order for entry and (ii) may involve more risk than others, and therefore you should review any applicable entry requirements, travel warnings, and health advisories issued by relevant governments; and
You should consult with your physician or other healthcare provider prior to travel with respect to your health and your travel plans.

Going disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Going Platform, or by anyone who may be informed of any of its contents.

The Going Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Going, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Going. Going is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the Going Platform

Going may update the content on the Going Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Going Platform may be out of date at any given time, and Going is under no obligation to update such material.

13. Paid and Premium Services, Free Trials and Cancellation Policy

If you purchase any Services from Going (the “Premium Services”), you agree to pay the applicable fees and taxes. Failure to pay these fees may result in the termination of the Premium Services. From time to time, Going may offer a free trial of Premium Services (a “Free Trial”). After the duration of the Free Trial (the “Free Trial Term”), the Free Trial will automatically become a regular paid subscription to the Premium Services, and Going will bill for the first segment of the Premium Services that you have signed up for (i.e. annually) on the 1st day after your Free Trial Term ends unless you cancel during the Free Trial Term. Each User may redeem only one Free Trial. Going will issue refunds in its sole discretion. Going is under no obligation to issue a refund at any time, but please contact us if you want to discuss your issue.

Going has no obligation to notify you when (1) your Free Trial ends or is scheduled to end, or (2) when your account is charged or is scheduled to be charged. To cancel your Free Trial, you may cancel your subscription directly in your account here: https://www.going.com/settings/membership-and-billing. If you do not cancel your Free Trial during the Free Trial Term, you will be billed for the first annual period of Premium Services on the 1st day after the Free Trial Term ends. Our subscription charges are billed according to the schedule you signed up for (i.e. monthly, quarterly, semi-annually, or annually) and are not refundable once they have been charged. We do not issue prorated refunds on any unused portion of your subscription.

If you do not cancel any Premium Services prior to the end of the Premium Services term, the Premium Services will automatically renew at the current Going rate, and automatically billed and charged to you using the payment method originally used to purchase the Premium Services.

You agree to contact us at [email protected] if there are any billing issues, duplicate charges, etc. before disputing any charges as illegitimate.

14. Going For Teams

If you are an employer (“Employer”) and enter into an agreement with Going for the Going for Teams employee perk services through the Going Platform or otherwise (a "Teams Order”), Going will provide Employer with individual memberships equal to the number of Authorized Users identified in the Teams Order for a Going Premium or Elite Membership for the term set forth in the Teams Order. For purposes of this section, “Authorized Users” means individual employees of the Employer. To access and use the Premium or Elite Membership, Employer must invite each Authorized User via the Authorized User’s Employer email address to the Going Platform and the email will provide a link that each employee must click to gain access to their membership and require that each Authorized User agree to the Terms and Privacy Policy.

15. Purchase of Goods

All sales of physical goods (“Goods”) purchased through the Going Platform are final. Going does not offer any returns, exchanges, or refunds.

16. Gift Cards

Gift cards purchased through Going Platform are not refundable or returnable after purchase, except as required by law. Except as otherwise provided, gift cards may only be used for Going annual Premium membership subscriptions for the number of years purchased (e.g. 1, 2 or 5 year subscriptions), and cannot be redeemed or returned for cash or used for any purpose, including the purchase of any Goods, unless required by law. When a Premium member redeems a gift card, the amount of time purchased will be added to the member’s current subscription, but the terms of the renewal will remain the same. Gift cards cannot be resold. Gift cards should be kept in a safe place. Going is not responsible for cards lost, stolen or damaged, or used without permission.

17. Information About You and Your Visits to and Use of the Going Platform

All information Going collects via the Going Platform, including the Services, is subject to Going’ Privacy Policy. By using the Going Platform, you consent to all actions taken by Going with respect to your information in compliance with the Privacy Policy.

18. Linking to the Going Platform and Social Media Features

You may link to the Going homepage at https://going.com/, provided you do so in a way that is fair and legal and does not damage Going’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Going’ part without Going’ express written consent.

The Going Platform may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Going Platform.
Send e-mails or other communications with certain content, or links to certain content, on the Going Platform.
Cause limited portions of content on the Going Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Going, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Going provides with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Going Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Otherwise take any action with respect to the materials on the Going Platform that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with Going in causing any unauthorized framing or linking immediately to cease. Going reserves the right to withdraw linking permission without notice.

Going may disable all or any social media features and any links at any time without notice in Going’ discretion.

19. Links from the Going Platform

If the Going Platform, including the Services, contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Going has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Going Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

20. Additional Mobile App Terms and Conditions

(a) License Grant. Subject to these Terms, Going grants you a limited, non-exclusive and nontransferable license to:

download, install and use the Application for use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and
access, stream, download and use on such Mobile Device the Websites, Goods and Services, if any, made available in or otherwise accessible through the App, strictly in accordance with these Terms.

(b) License Restrictions. In addition to other restrictions in these Terms, you shall not:

copy the Application, except as expressly permitted by this license;
modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application

(c) Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. Going and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

(d) Updates. Going may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Going has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

the App will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.

(e) Third Party Materials. The App may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Going is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Going does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third party’s terms and conditions.

20. Geographic Restrictions

The owner of the Going Platform, Going, is based in the state of Colorado in the United States. Going makes no claims that the Going Platform or any of its content is accessible or appropriate outside of the United States. Access to the Going Platform may not be legal by certain persons or in certain countries. If you access the Going Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are visiting the Going Platform or using the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting the Going Platform, using the Services, and/or communicating electronically with Going, you consent to such transfers. If you access the Going Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

21. Device Requirements

The Going Platform offers several mobile-accessible services, including (i) mobile browsing capabilities for the Website and (ii) features accessible via an application that can be downloaded and installed on a mobile device (together referred to as “Mobile Services”). When you use the Products through a mobile device, you may incur standard fees, data rates, and other charges from your mobile service provider. Additionally, your carrier may impose certain restrictions or limitations on the use of Mobile Services, and it's possible that not all Mobile Services will be compatible with every carrier or device.

22. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND THAT GOING AND ITS LICENSORS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE GOING PLATFORM, INCLUDING THE SERVICES, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO GOING PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. GOING WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE GOING PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GOING PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE GOING PLATFORM, ITS CONTENT AND ANY SERVICES OR GOODS OR OTHER ITEMS OBTAINED THROUGH THE GOING PLATFORM, IS AT YOUR OWN RISK. THE GOING PLATFORM, ITS CONTENT AND ANY SERVICES, GOODS OR ITEMS OBTAINED THROUGH THE GOING PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GOING NOR ANY PERSON ASSOCIATED WITH GOING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE GOING PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER GOING NOR ANYONE ASSOCIATED WITH GOING REPRESENTS OR WARRANTS THAT THE GOING PLATFORM, ITS CONTENT OR ANY SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE GOING PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT GOING’ WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE GOING PLATFORM OR ANY SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE GOING PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

GOING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Limitation on Liability

EXCEPT AS OTHERWISE PROVIDED, IN NO EVENT WILL GOING, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE GOING PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES AVAILABLE THROUGH THE GOING PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GOING PLATFORM OR SUCH OTHER WEBSITES, AND ANY GOODS PURCHASED THROUGH THE GOING PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

24. Indemnification

You agree to defend, indemnify and hold harmless Going, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Going Platform, including, but not limited to, your User Contributions, any use of the Going Platform's content, Services, Goods and products other than as expressly authorized in these Terms or your use of any information obtained from the Going Platform.

25. Governing Law and Jurisdiction

All matters relating to the Going Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Going Platform, including the Services and goods obtained through the Going Platform, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although Going retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

26. Arbitration

By using the Going Platform, in any way, including obtaining Services, Goods and gift cards, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Going arising out of, relating to, or connected in any way with the Going Platform or the determination of the scope or applicability of these Terms to arbitrate, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator in accordance with the rules of AAA; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Denver, Colorado; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have entered into in connection with Going; (5) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or Going. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Going shall be entitled to arbitrate their dispute.

27. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE GOING PLATFORM, SERVICES, GOODS AND GIFT CARDS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

28. Waiver and Severability

No waiver by Going of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Going to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

29. Entire Agreement

The Terms, Privacy Policy, and any other services agreement between You and Going, and any other documents referenced in the Terms, constitute the sole and entire agreement between you and Going with respect to the Going Platform, including Services, Goods and gift cards obtained through the Going Platform, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Going Platform, including Services and Goods obtained through the Going Platform.

30. Your Comments and Concerns

The Going Platform is operated by Scott’s Cheap Flights, Inc. DBA Going.

All notices of copyright infringement claims should be sent to the copyright agent designated in Going’ Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Going Platform should be directed to: [email protected].

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Going takes claims of copyright infringement seriously. Going will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Going Platform infringe your copyright, you may request removal of those materials (or access to them) from the Going Platform by submitting written notification to Going’ copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Going Platform, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow Going to locate that material.
Adequate information by which Going can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Going’ designated copyright agent to receive DMCA Notices is:

NAME: DMCA Agent

Scott's Cheap Flights, Inc. DBA Going

ADDRESS: 1942 Broadway St., STE 314C, Boulder, CO 80302, United States

EMAIL: [email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Going Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Going Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Going (a “Counter-Notice”) by submitting written notification to Going’ copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which Going can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Going Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Going Platform with the complaint at issue.

The DMCA allows Going to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Going Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is Going’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.