Lifebooker LLC - User Agreement

This User Agreement set forth below is for all users that accept the terms and conditions of this Agreement on or after August 20th 2007.

This USER AGREEMENT (this "Agreement") and the policies referred to herein contain the terms and conditions that apply to your use of the reservation services (the "Services") being offered at the URL: http://www.lifebooker.com and all affiliated websites owned and operated by Lifebooker, LLC (collectively, the "Site"). As used in this Agreement, "Lifebooker" or "we" refers to Lifebooker, LLC and "USER" or "you" refers to you. USE OF THE SERVICES AND THE SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT, LIFEBOOKER'S PRIVACY POLICY AND THE OTHER TEMS AND CONDITIONS OF USE IN EFFECT AT THE TIME OF USE.

Lifebooker provides the Services to USER for the purpose of assisting USER in locating participating service providers (each a "Service Provider"). While Lifebooker may be commonly referred to as a booking agent, we are, in fact, not an agent at all. Rather, we provide a venue for Service Providers to post availability of services and for USER to find availabilities for such services. Upon a USER's registration, the USER may choose his/her own password to access the Services through the Site. Thereafter, the Service enables USER to search for available services and Service Providers in an effort to assist USER in finding an availability advertised by a Service Provider. The availability of reservations is determined at the time of USER's query and Lifebooker makes no promises relating to the reservations availability. Some Service Providers may require credit card details before accepting your reservation. Your credit card information will be sent directly to the Service Provider. We will not charge your credit card or store any of your credit card information for longer than it takes to pass this information onto the Service Provider. WE AT LIFEBOOKER TAKE OUR RESPONSIBILITY REGARDING THE PRIVACY OF YOUR CREDIT CARD INFORMATION VERY SERIOUSLY.

We are not involved directly in the financial transaction between Service Provider and USER. Although Lifebooker has taken certain steps to examine the credentials of our listed Service Providers, Lifebooker makes no guarantee regarding the skills of the Service Providers nor the quality of services provided. Lifebooker does not guarantee the quality of the services of any particular Service Provider on our Site. It is entirely up to the USER to determine the whether a Service Provider is suited for a particular task. USER may then enter into a direct agreement with a Service Provider. The Service Providers are NOT EMPLOYEES OR AGENTS of Lifebooker. We make no guarantee that the Service Provider will accept your booking request (though we will reward you the USER if they do not). Should you have a dispute with any Service Provider, you must address such dispute with the Service Provider directly.

USERS are asked to cancel any reservations according to the policies specified by each Service Provider. In order for us to consider a cancellation official, notice of such cancellation must be sent to us through the Site. If you are unable to keep your reservation and you fail to provide us with notice of cancellation, Lifebooker will send you an email letting you know that our records indicate that you were a no-show. By using the Services, USER agrees to receive no-show confirmations by email after a Service Provider reports your reservation was not honored, whether or not that was in fact the case. Your account with us may be terminated if you fail to honor appointments. In addition, you will not be entitled to any reward in the event of a no-show. A Service Provider may not accept your reservation as a result of a previous no-show on your part. USER agrees that all no-show determinations will be made by Lifebooker in its sole discretion, and such determination shall be final and binding.

Lifebooker offers a reward system for all USERS. Rewards Dollars may be redeemed by USER in connection with reservations made through the Site (it being understood that under no circumstances will Lifebooker be obligated to pay the cash value of any Reward Dollars to USER directly). A USER's Reward Account will be automatically set up in connection with the earning of Reward Dollar. The amount of Reward Dollars earned, the value thereof, when, how and for what services Reward Dollars may be redeemed, and the expiration time for the use of such Reward Dollars will vary from time to time in accordance with the policies established by Lifebooker.

You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Lifebooker has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lifebooker has the right to refuse any current or future use of the Services (or any portion thereof) by you. You are responsible for any use of the Services or transactions conducted on the Site by persons to whom you allow access to your account.

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in this Agreement. You agree to use the Services only to seek availabilities with Service Providers and to honor those reservations by arriving at Service Provider's place of business on time and paying for the services provided by the Service Provider. You agree that all of the content and information posted on the Site, including but not limited to Service Provider profiles, screening information, ratings, and reviews (including any ratings and reviews provided by you), is the sole and exclusive property of Lifebooker. Ratings and reviews do not necessarily reflect the opinion of the Lifebooker. We reserve the right to revoke your access to the Site and services at any time and for any reason by our sole discretion. All information about the Service Providers is confidential and for your personal use only. If it is determined or suspected by Lifebooker in its sole discretion that you are misusing or attempting to misuse or circumvent the Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Lifebooker reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO LIFEBOOKER AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LIFEBOOKER AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS.

By using the Services, USER agrees to receive reservation confirmations by email and/or SMS text after booking a reservation through the Site. Notwithstanding the foregoing, you acknowledge and agree that you will still receive reservation confirmation emails, no-show confirmation emails, reservation cancellation confirmation emails, Reward Dollar balances, availability of use and expiration dates and other emails relating to reservations booked by you through the Site, even if you have opted not to receive other periodic email from us. By providing information to us, or by submitting a service request, you agree to being contacted by us and/or by Service Providers for any purposes related to the Services, the Site or a service request.

IN NO EVENT, INCLUDING BUT NOT LIMTED TO NEGLIGENCE, SHALL LIFEBOOKER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE SITE OR ANY CONTENT CONTAINED ON THE SITE, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY, ANY ACT OR OMISSIONS TO ACT BY, OR ANY MISREPESENTATION OR BREACH OF WARRANTY BY, ANY SERVICE PROVIDER. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE SITE.

We do not control the information provided by Users or Service Providers. You may find other User's and Service Providers information to be inaccurate, harmful or offensive. By using the Services you assume all of the risks associated with the use of the Site and the Service Providers and you agree to accept such risks and agree that Lifebooker is not responsible for the acts or omissions of USERS and Service Providers. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials.

Any legal controversy or legal claim arising out of or relating to this Agreement or the Services or the Site, excluding legal action taken by us to recover damages for, or obtain an injunction relating to the Site, our intellectual property, and the Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall 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 shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Lifebooker may change or amend this Agreement's terms and conditions at any time. Changes or amendments will be posted at the bottom of this page for public view and be considered effective 30 days from the date such changes take place. Continued use of the Services and/or the Site after a change in this Agreement, a change in the Privacy Policy, or after implementation of any other new policy constitutes acceptance of such change or policy. If you have any questions regarding this Agreement or Lifebooker's terms and conditions of use, you may contact us by emailing customerservice@lifebooker.com or calling 1-800-401-9258.