Remotian Systems, Inc. - Terms and Conditions

These terms of use govern your use and access to the information, software products, websites and services made available by Remotian Systems, Inc. (“Remotian”), The Travel Authority - the travel agency fulfilling any purchases ("Travel Agency"), and other third party providers ("Third Party Providers"). The information, software products, websites and services are collectively referred to as “Product” throughout this document. Remotian, Travel Agency, and Third Party Providers are collectively referred to as "we", "us", and "our". Throughout this document "you", "your", and "yours" will mean you, the consumer of the product. These terms of use incorporate by reference the Remotian privacy policy.

1. Use of Product

The Product is offered to you conditioned on your acceptance without modification of the terms of use contained herein and in the Remotian privacy policy. Your use of the Product constitutes your agreement to all such terms, conditions and notices.

You may only use the product to make legitimate reservations or purchases and shall not use the product for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not

use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the product information, data or content found within the Product
deep link to any portion of the product, without the prior written permission of Remotian, or
use the product in violation of, or to violate, any law, rule or regulation.

You acknowledge and agree that you will not use, nor will you permit any use of, the Product in conjunction with any of your activities or business by anyone that resides in, stays or is accessing the Product from a country prohibited under U.S. export and/or office of foreign assets control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit http://www.treas.gov/ofac You shall automatically become unauthorized to use the Product in the event of a breach of this obligation.

2. Customer Warranties

You warrant that:

you are a legal resident of one of the forty-eight (48) contiguous United States, the District of Columbia, Hawaii, or Alaska;
you are at least eighteen (18) years of age or older;
you will only purchase travel products for yourself and others who have agreed to the terms of this agreement;
all information supplied by you or members of your household in using the product is true and correct;
you have internet access; and
you have an existing e-mail account as of the date of purchase of any product or service.

We will only communicate with you about your purchase via e-mail unless expressly provided otherwise by the Travel Agency. You agree to supervise all use of the product by anyone using your name or account. You understand that you are financially responsible for all uses of the product by you and those using your name or account.

3. Copyright and Trademark Notices

All content of the Product is the property of Remotian Systems, Inc. or its licensors. All rights reserved. Remotian, Tripware^™ and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Remotian Systems, Inc. All other trademarks, product names, and company names and logos appearing on our web site are the property of their respective owners.

The Product contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such content.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. All rights to such content are reserved to their respective copyright owners. Except as otherwise provided within these terms of use or as permitted by the fair use privilege under the united states copyright laws (see e.g. 17 U.S.C. section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

Any other use of the content of the Product including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the content will automatically terminate and you must immediately destroy any copies you have of any portion of the content.

4. Digital Millennium Copyright Act Compliance

The Product is a conduit for content licensed and provided by third parties. If you have any copyright concerns about any of the Product materials or materials provided by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512). Please provide us with written notice ("notice") by contacting our designated agent at the following address:

Remotian Systems, Inc.
2150 S Country Club Dr, Ste 35
Mesa, AZ 85210

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

To be effective, the notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner ("complaining party") of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit Remotian to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material within the product ("infringing material"), and information reasonably sufficient to permit remotian to locate such material within the product;
Identification of the copyrighted work claimed to have been infringed upon ("infringed material"), or if multiple copyrighted works are covered by a single notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which infringing material is infringing on which infringed material);
A statement that the complaining party has a good faith belief that use of infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. Terms of Purchase

Separate terms and conditions dictated by the other Third Party Providers will apply to your reservation and purchase of products and services through the product. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the Third Party Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such Third Party Provider's terms, conditions, policies, rules or restrictions may result in:

your forfeiting any monies paid for such reservation or purchase;
cancellation of your reservation or purchase, your being denied access to any flights, hotels or other products or services;
Remotian and Travel Agency debiting your account for any costs they incur as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Product.

6. Fees

Remotian and or Travel Agency may charge a per transaction fee. Such fee will be stated as part of the transaction and may be charged separately to a credit card and in addition to any charge by the underlying carrier or service provider. You hereby agree to pay all charges stated when you complete a transaction through the Product, including applicable taxes. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon posting the new terms within the Product.

If you (1) fail to pay or (2) dispute in bad faith, any charge for products or services acquired via the Product, you agree to reimburse Travel Agency and Remotian, as applicable, for all fees, costs and expenses (including reasonable attorneys' fees, collection agency fees and court costs) incurred in collecting any unpaid amounts.

Taxes and fees are outlined in Addendum 1.

7. Changes to Terms of Use

Remotian reserves the right, in its sole discretion, to modify these terms of use, effective on the date modified terms are posted within the Product and applicable to all transactions commenced on or after that date. Your subsequent use of the Product will indicate your acceptance of any such changes.

8. Disclaimer of Warranties

Except as otherwise expressly set forth herein, Remotian, Travel Agency and Third Party Providers make no warranties of any kind regarding the benefits, services or products available hereunder, all of which are provided on an "as is" basis, unless expressly agreed otherwise in a signed writing. Remotian, Travel Agency and Third Party Providers, do not warrant the accuracy, completeness, currency or reliability of any of the content or data found within the product. Remotian, Travel Agency and Third Party Providers disclaim all warranties and conditions, including the implied warranties of merchantability and fitness for a particular purpose, title, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Remotian, Travel Agency and Third Party Providers do not warrant that the product, its servers or any e-mail sent from Remotian, Travel Agency and Third Party Providers are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

9. Disclaimer Regarding Suppliers

The air carriers, hotels, car rental agencies, cruise lines, tour operators and other suppliers, collectively Third Party Providers, providing travel or other services within the Product are independent contractors and not employees or agents of Remotian or Travel Agency. Remotian and Travel Agency acts solely as a sales agent for the suppliers and are not liable for the acts, errors, omissions, representations, warranties or negligence of any such Third Party Providers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting there from. Remotian and Travel Agency shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, acts of war, terrorism, disease or other force majeure event or other cause beyond its direct control, and remotian and travel agency have no responsibility for any additional expense, omissions, delays, re-routing, acts or omissions of any governmental authority. The fact that Remotian and Travel Agency include or offer any product or service within the Product does not mean Remotian or Travel Agency endorses or recommends such product or service.

10. Limitation of Liability

You agree that Remotian and Travel Agency are mere agents for the Third Party Providers, including but not limited to travel service providers and airlines. Remotian, Travel Agency and Third Party Providers assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to or use of the product, or your downloading of any materials, data, text, images, video or audio from the product. In no event shall remotian, Travel Agency and Third Party providers be liable for any claims with respect to the services offered or provided through the product. Remotian and Travel Agency hereby disclaim any liability, whether based in contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental our indirect damages, in connection with the goods or services provided by any service providers through the product, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such service providers.

11. Indemnification

You agree to defend, indemnify and hold harmless Remotian and Travel Agency and any service providers, and each of their respective officers, directors, employees, agents and affiliates, from and against any claim, cost, damages, liabilities, expenses, causes of action or demands, including without limitation reasonable legal fees, brought

by or on your behalf in connection with or relating in any manner to the transactions contemplated by the terms of use or
by any Third Parties as a result of your use or receipt of any of the member services, benefits or products available to you.

12. Travel to Certain Destinations

While most travel, domestic and international, is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. Remotian and Travel Agency urge users of the product to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit http://www.state.gov, http://www.tsa.gov. http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, http://www.treas.gov/ofac, and http://www.customs.gov

13. Deleting Your Account

If you want to close your Remotian account, send an email from your Tripware login e-mail address to This e-mail address is being protected from spambots. You need JavaScript enabled to view it with the following subject line – Delete Account.

You will be provided with an email confirming your request. Your Remotian/Tripware account data will be removed within 48 hours.

14. Miscellaneous

You may not assign your rights or obligations under these terms of use to any party. These terms of use, the remotian privacy policy and any dispute arising out of the use of the product shall be governed by and interpreted in accordance with the laws of the state of arizona without regard to the conflicts of laws principles thereof. You agree that any controversy or claim arising out of or relating to these terms of use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the american arbitration association. Any such controversy or claim must be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Maricopa County, Arizona and judgment on the arbitration award may be entered into any court having jurisdiction. You, Remotian, or Travel Agency may seek any interim or preliminary relief from any court of competent jurisdiction in Maricopa County, Arizona or other county necessary to protect rights or property pending completion of arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to these terms of use must be brought within one (1) year from the date on which such claim or action arose or accrued. Neither Remotian nor Travel Agency will be liable for failure to perform or delay in performing any obligation under these terms of use if such failure or delay is due to fire, flood, earthquake, strike, war (declared or undeclared), commercial impracticability, embargo, blockade, communications failure, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other cause beyond the reasonable control of such party. If any provision of these terms of use is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of these terms of use, and these terms of use will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

Addendum 1 - Taxes and Fees

Tripware knows the travel industry is notorious for taxes and fees. While we can’t escape them, we can outline what and how much they are. The last thing we want is for you do stress about “hidden fees”.

Your itinerary determines the taxes and fees you pay. They are charged by the government, airlines, hotels, rental cars, Travel Agency, Third Party Providers, and Tripware. They vary widely based on the airports you leave from and arrive at.

Display of fares, taxes and fees in Tripware:

Detailed Cost Tab:

In Tripware, the Flight, Hotel, or Car “Detailed Cost Tab”, and all subsequent pages leading to a booking, all taxes, charges (including fuel surcharges), service fees, and government and airport authority fees are either included in the cost or itemized separately to provide a total trip cost.

Government and other authority taxes and fees:

Federal Excise Tax (U.S. Ticket Tax):

A 7.5% U.S. Ticket Tax applies to the airline base ticket fare. The tax may be pro-rated for flights to/from the 48 contiguous U.S. states and Alaska and Hawaii, and some international destinations. The tax is charged by the Internal Revenue Service.

U.S. Flight Segment Tax (U.S. Segment Tax):

A U.S. Segment Tax of $3.60 USD applies per flight segment. A flight is defined as one take-off and landing. For example, a traveler that flies direct from New York to Los Angeles would pay $7.20, while a traveler flying round-trip from New York to Los Angeles via Chicago and San Francisco would pay $21.60. The tax is charged by the Internal Revenue Service.

U.S. Passenger Civil Aviation Security Fee (U.S. Security Fee):

A U.S. Security Fee of $2.50 USD applies per flight segment (maximum charge per trip: $5.00 USD one-way, $10.00 USD round-trip). A flight is defined as one take-off and landing. The fee is charged by the Transportation Security Administration (TSA).

Passenger Facility Charges (Airport PFC):

An Airport Passenger Facility Charges (PFCs) of up to $18.00 USD may apply, depending upon the itinerary chosen. The fee is charged by individual airports.

Federal Travel Facilities Tax (U.S. Facilities Tax):

A U.S. Facilities Tax of $8.00 USD per direction applies to flights to/from Alaska and Hawaii and the 48 contiguous U.S. states or between Alaska and Hawaii. The tax is charged by the Internal Revenue Service.

Other Government Taxes and Fees (Government Taxes/Fees):

In addition to the U.S. government, other levels of government such as state, local, and/or municipalities may apply taxes and/or fees related to accommodations for overnight stays (i.e. hotels) and/or renting/leasing passenger vehicles (i.e. rental cars).

Airline-imposed fees:

Low-Cost Carrier Segment Fee:

(LCC Segment Fee): Some airlines charge an extra fee when their seat inventory is purchased through a travel service or agent. These fees ARE included in your total trip cost when purchasing tickets through Tripware.

Baggage Fees:

Some airlines charge a fee each time bags are checked in with that airline. These fees are not included in your total trip cost when purchasing tickets through Tripware. They are collected by the airline. The airlines' web sites contain detailed information regarding their baggage policies. For travelers whose tickets are sold as a code share flight, operating and/or marketing carrier fees may apply.

Please check with a specific airline carrier for an outline of that airline’s fees and/or charges, if any. Remember, fees and/or charges imposed by a specific airline carrier may occur prior to departure, en route, and/or upon arrival, if at all.

Tripware service fees:

All Service Fees Are Non-Refundable.

Online Bookings / Re-Bookings: $5 USD will occur for each flight itinerary booked*. $5 USD will occur for each hotel itinerary booked. $5 USD will occur for each car itinerary booked. If a hotel and car itinerary includes a flight itinerary, only $5 USD will occur for that hotel and car itinerary booking.

*NOTE: When base fare is priced over $750 USD, the service fee is $5 USD plus 3% of base fare over $750 USD, to a maximum of $20 USD.

In other words, most flights booked on Tripware will incur a service fee of only $5 USD. Most itineraries that have a flight and a combination of a car/hotel will incur a service fee of only $10 USD total. For an itinerary to incur the maximum flight itinerary fee of $20 USD, the base fare would have to be $1,250 or over ($1,250 - $750 = $500 x 3% = $15 + $5 = $20 USD).

Online Cancellations: No service fees charged.

Phone Bookings, Changes, & Cancellations: Phone use is in lieu of online use. $30 USD will occur for each itinerary booked, changed, or cancelled when a flight is included. If a flight is not included in the itinerary, $15 USD will occur for each hotel and/or car itinerary booked, changed, or cancelled. If a flight refund is requested, $20 USD will occur.

Paper Tickets: Tripware service fees apply to both e-tickets and paper tickets. Certain carriers charge a paper ticket fee of up to $50 USD per ticket for you to receive paper tickets, when electronic tickets are available. In addition, Tripware charges a processing fee of $40 USD per transaction for paper tickets. Paper tickets will be delivered to an address you indicate during purchase (certain restrictions apply). If overnight delivery is requested, a service fee of $20 USD will occur for delivery to the contiguous 48 states, $30 USD to all other locations.

Miscellaneous: Government, Airline, and/or Third Party fares, taxes, fees, rules, and offers are subject to change without notice. Other restrictions may apply.

By making reservations and/or purchases/bookings/changes through Tripware, you agree to abide by the policies described herein as well as the Terms and Conditions governing your use of Tripware products and services. Please review these policies from time to time as they are subject to change. For more information also refer to our FAQ's or contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Addendum 2 - REMOTIAN SYSTEMS, INC. TRIPWARE BETA TEST AGREEMENT

PLEASE READ THIS BETA AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU INDICATE ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. EXCEPT AS SPECIFICALLY IDENTIFIED HEREIN, THIS AGREEMENT DOES NOT SUPERCEDE ANY OTHER WRITTEN AGREEMENT BETWEEN YOU AND REMOTIAN SYSTEMS, INC.

This Beta Test Agreement (the "Agreement") is made between Remotian Systems, Inc. with its principal place of business located at 2150 S. Country Club Dr. Ste 35, Mesa, Arizona, 85210 USA. ("Remotian Systems") and you ("Beta Customer") for the purpose of testing the Tripware (TW) beta version, which for purposes of this agreement shall be referred to as the "Beta Product". The terms and conditions of this Agreement are intended by the parties as a final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement unless such agreement is signed by both parties. In the absence of such an agreement, this Agreement shall constitute the complete and exclusive statement of the terms and conditions and no extrinsic evidence whatsoever may be introduced in any judicial proceeding, which may involve the Agreement. This Agreement may not be modified except by a writing duly executed by both parties’ authorized representatives.

1. NATURE OF AGREEMENT

The Beta Product is a release of a Remotian Systems product that is not generally available for distribution at the time it is delivered to Beta Customer and is not intended for use in a production environment. The Beta Product shall be used by Beta Customer for testing purposes and within the parameters as mutually determined by the parties (the "Beta Test"). The purpose of the Beta Test shall be to facilitate improvements in the Beta Product and to obtain information about Beta Customer’s experience with such.

2. FEEDBACK

Beta Customer agrees to inform Remotian Systems of all problems and ideas for enhancements which come to Beta Customer’s attention during the period of this Agreement, and hereby assigns to Remotian Systems all right, title and interest to such ideas and enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.

3. TERM AND TERMINATION

This Agreement shall become effective upon Beta Customer’s acceptance of the Agreement, sign up for, and installation of the Beta Product. Customer may discontinue use of the Service at any time. Remotian Systems reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. Customer agrees that Remotian Systems may at any time and for any reason terminate this Agreement and/or terminate the provision of all or any portion of the Service.

4. RESERVATION OF RIGHTS

Remotian Systems retains all right, title and interest in the Beta Product(s) and in all materials delivered in connection with such. Beta Customer has no rights other than those granted in this Agreement.

5. CONFIDENTIAL INFORMATION

"Confidential Information" shall be defined to include the Beta Product, any software, source code, object code, documentation, Beta Test results, and any proprietary tools, proprietary knowledge or proprietary methodologies disclosed by Remotian Systems to Beta Customer under this Agreement. Beta Customer shall observe complete confidentiality with respect to the Confidential Information, and shall use its best efforts and take all reasonable steps to protect such from any use, reproduction, publication, disclosure, or distribution except as specifically authorized by this Agreement.

Beta Customer shall promptly notify Remotian Systems of any known unauthorized use or disclosure of the Confidential Information and will cooperate with Remotian Systems in any litigation brought by Remotian Systems against third parties to protect its proprietary rights.

6. DISCLAIMERS & LIMITATIONS OF LIABILITY

The design of the Beta Product may be changed prior to general availability from Remotian Systems without notice, and Remotian Systems does not guarantee that compatibility of Beta Customer's system can or will be maintained with subsequent versions of Beta Product or Product, that may become generally available from Remotian Systems. Remotian Systems reserves the right to withdraw any Beta Product from Beta Testing and never release it as a commercial product.
THE BETA PRODUCTS AND TECHNICAL SUPPORT (IF ANY) ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL REMOTIAN SYSTEMS BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY BETA CUSTOMER BASED ON A THIRD PARTY CLAIM.
The Beta Product may not be at the level of performance, compatibility or safety of generally available Remotian Systems products. Beta Customer understands and agrees that Remotian Systems makes no representation or warranties regarding use of the Beta Product. Beta Customer shall have sole responsibility for adequate protection and backup of its data or equipment used in connection with the Beta Product and Beta Customer shall not claim against Remotian Systems for lost data, re-run time, inaccurate input, work delays or lost profits resulting from the use of the Beta Product.

7. GENERAL

Governing Law. This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of the State of Arizona, and shall be deemed to be executed in Arizona.
Jurisdiction. Any legal action or proceeding relating to this Agreement shall be instituted in any state or federal court in Maricopa County, Arizona. Remotian Systems and Beta Customer agree to submit to the jurisdiction of, and agree that venue is proper in, the aforesaid courts in any such legal action or proceeding.

End of Terms and Conditions