Award Nexus Terms of Service (July 11, 2014)
By signing up, logging in, using, or otherwise accessing the Award Nexus (hereby abbreviated as ANX or the site) web site, you, as the visitor, person-using, or agent on behalf of an organization, agree and consent to the following terms:
Award Nexus (ANX) is an advanced award trip planning service, for the exclusive use by a private group of premium travelers, who seek luxury award travel. The service is personal and private to each member. Membership is limited and access is by qualification only.
Award Nexus is an independent service operating as agent and on behalf of traveler-members, and is not affliated with any airlines, mileage, or loyalty programs.
Access and Membership
Your membership in ANX is contingent on you maintaining accurate profile information, this includes your name, email address, social network user names, forum handles, etc.
Limit of 1 free community account per household, organization, or unit. No duplicate account allowed. Please note that this requirement is actively monitored and enforced. Limit of 2 premium accounts per household, organization, or unit. If your organization requires more than two accounts, please contact us for custom arrangements.
The standard Award Nexus memberships are designed for up to advanced home use. For professional members who book more than 10 tickets monthly, please contact us for business service, which include additional features and service level commitments for serving premium client travels.
You will receive occasional, infrequent updates emails. If such email is not seen by you, your account may be closed (e.g. you unsubscribe, or mark it as junk, or allow it to go into your spam box).
Account may be suspended or closed for any reason, including capacity constraint, deviation from the above membership requirements, or abusive behavior.
If you are employed, contracted, affiliated with, or otherwise operate on behalf of any travel-related organization, including but not limited to travel services, travel information, travel technologies, airlines, or mileage programs, or if you use the site for any purpose other than planning personal travel, you must obtain prior, explicit, written approval for specific purpose, before accessing the site. You may obtain approval by writing to firstname.lastname@example.org with your name, affliation (if any), title (if any), and your purpose of access.
If you are an organization of any kind, or a competent agent of such organization, you agree that by giving password, or directing, your agent, employee, contractor, or any other such delegate on your behalf, to access ANX, you and your agent are jointly and individually responsible for such usage or conduct.
Non-compliance of the terms constitute unauthorized access and may result in account closure, revocation of access, liability for restitution, or legal actions.
In consideration of the high-value nature of our operation and of our member's usage in planning premium travel, you agree that in the case of non-compliance or violation of these terms of service, you are liable for operation disruption minimum cost of $45000 USD per day in which we are interrupted, disrupted, or otherwise affected by your violation. Such amount may be adjusted upward on days on which we have, or is estimated to have, particularly high-value usage. This time estimate includes any calendar day in which we must respond to or handle the direct or indirect effect of your violation, and is not limited by the duration of the direct action of your violation. This liability for operation disruption damage is in addition to any other direct or indirect cost of your violation.
If your account is closed involuntarily, you may have the right to a prorated refund of any service that you may have purchased, less any fee, discount, or bonus. Please contact us for such refunds. For reason of billing and account system limits, no refund can be given, for any reason, and even in the case of substantial change of service, beyond 340 days from date of purchase.
Account Information and Delegation
By using the service, you agree to grant a limited power of attorney to ANX, for the sole purpose of accessing resources and web sites that will help you, or those designated by you, to search award availabilities and to plan travel. You hereby certify that your selection of sites or services implies that you are eligible for access by membership, residency, locale, consent to service, or other standing.
You may be asked to provide your airline account information. Such account information may include your login names, account numbers, or passwords. In addition, depending on the service you requested, you may be asked to provide travel itinerary information.
All account information are treated as confidentials. They are stored in databases with access control and are transported only inside secure, encrypted channels.
In addition, select confidential information, such as your password, may be further encoded to prevent it from being revealed to any system technician during routine operations.
Refund / Money Back Guarantee
In general, if not otherwise stated or advertised to you, purchases are non-refundable. However, many products include refund option or Money Back Guarantee. If a Money Back Guarantee or refund option applies to your purchase and you would like to take advantage of the provision, you must initiate the claim within the stated coverage time period and meet all posted steps for refund.
Upon the completion of your refund claim, which may include providing all requested purchase and refund information, final refund may be issued as quick as within 1 - 2 days, but generally will not exceed 10 days.
To prevent abuse for purchases that are covered by Money Back Guarantee or Satisfaction Guarantee, ANX will honor only the latest purchase within the coverage time period. Your repeated purchases constitute waiver of refund rights to any earlier purchase, even if the earlier purchase would still be within the coverage period when you file for claim.
If you are unsure or concerned about how refund provision may apply to your past or future purchase, please contact us at email@example.com. Assurance and confirmation will be provided.
If after full review, there is a determined case of fraud, abuse, or conduct contrary to good intention, ANX reserves the right to refuse refund.
Please note that because of accounting and technical system limitation, no refund can be given more than 340 days from the original date of purchase for any reason.
Fair Usage Policy
ANX has limited capacity. Regardless of account status, we are only able to accommodate a high but limited amount of requests each day. There is a general fair usage policy for the entire ANX web site. The threshold for this policy is 100 points per day, or 500 points per 7 days, whichever is reached first. This threshold is calculated on a per-account basis and is inclusive of all products. Additional fair usage thresholds may apply on certain products, which are displayed to you as part of the terms of purchase or enrollment.
The Fair Usage Policy usage calculation may be overriden from a per-account basis to per-organziation basis, if your organization has arranged to have more than one account.
If your usage exceeds any threshold, you are still able to continue using the site. However, depending on service load, your usage may be subjected to a reasonable amount of throttle or delay. Such throttling may vary, but currently includes lowering the maximum points per search to 5 points, and a minimum interval of 3 minutes between searches. Any throttling action will be clearly displayed to you.
Please note that such thresholds are conservative. Depending on system capacity and other factors, you are likely able to continue using the site at full service level without throttling, even after exceeding the fair usage policy thresholds.
Disclaimer on Information Accuracy and Service Availability
Please understand that while ANX strive to provide accurate information, this accuracy cannot be guaranteed. ANX will not assume any liability due to the unavailability of the service, omission or mis-representation of data.
Some examples of inaccuracies include not showing an available award, or showing an unavailable award as available. This also includes information on the details of availaiblity, such as showing the wrong flight time, wrong flight number, or wrong class of service.
Some examples of unavailability include the server being down, an airline site option being taken offline permanently, or scheduled searches delayed, skipped, or not performed.
Please double check all information you receive from ANX before confirming your plans.
Privacy / Security / Marketing
While we disclaim any liability, the information you provide to ANX is handled with all reasonable pre-cauctions, including access control in server components and encrypted tunnels for transport between components.
ANX may make available publicly a limited amount of your profile information, only in a social network or reference-providing context (such as showing your user name in a discussion forum). Your confidential information, such as your passwords to ANX or to other web sites, are controlled at all time and are not provided to any third-party, without your consent.
ANX does not send unrelated spam email, nor do we rent out our membership list to any outside party. You may also unsubscribe from our update email at any time, by closing your account.
If you provide any feedback or testimony, whether positive, neutral, or negative, by email, voice, public posting, or any other means, you agree to grant us the rights to share or re-publish that information.
In limited circumstance, we may disclose summary information of your account to select partners. For example, if we advertise on a performance-based basis, we may need to make certain payment to referrals contingent on whether an account is actively used. The full details of your specific account usage remain private and not shared.
Account Login and Assumption of Control
Your login name and password uniquely and securely identify you as a member of ANX when you log in. Anyone who is in possession of such credential is presumed to be either you or a fully-authorized representative of you. You will be responsible for any action performed by such logged-in person.
Award Nexus LLC is the managing agent and responsible party for awardnexus.com. Unless otherwise provided, your contract and interaction shall be with Award Nexus LLC.
One or more aspects of Award Nexus may be protected by US patent law and copyright law. One or more features may be patent-pending. If you use, copy, or otherwise imitate such aspects, you may be infringing any patent granted.
This agreement is governed by the Laws of the State of Illinois. You agree that any dispute, conflict, or complaints will be governed by US Laws, and Laws of the State of Illinois. In case of any legal proceeding, you agree that the choice of forum will be in Chicago, Illinois, USA. You further agree that any dispute will be subjected to binding arbitration at the option of ANX.
If any component of this agreement shall be found invalid or unenforcible by a court of competent jurisdiction, all remaining components shall survive and remain in-force.
Beta, Unofficial, and Unsupported Features
Your membership in ANX gives you access to certain features and level of access, based on the purchased membership, published information, or the current terms of service in effect. From time to time, you may be allowed additional access to tools, functionalities, or features. Such allowance is unofficial and may be taken away at any time with no advance notice. For example, your account may be subscribed to allow access to up to 40 points per search. The fact that you may be able to perform searches with greater than 40 points per search is considered unofficial and unsupported access.
You agree that you will not disclose or share about the existance, design, or parameters, of such access or features, either publicly or to any other parties.
Generally, if you have not prepaid for service, unless otherwise provided, the fee for service you received becomes due upon the generation of invoice. Payment will be charged to your credit card or payment account on-file. If payment is not successful for any reason, including the lack of a valid credit card on-file, card charge declined, or reversal / charge-back of transaction, your account is considered to have payment issue.
- NOTIFICATION: If there is a payment issue on your account, we will make at least two attempts to notify you, in any available medium (including email, phone call, voicemail, postal mail, fax, text message, or in-person visit), before any adverse action is imposed on your account.
- PAST DUE: If due balance of your account is not successfully settled within 3 calendar days of due date, your account is considered to be past due. A administrative fee of 3.5% of the account balance, minimum $15, may apply and will be added to your account balance.
- DELINQUENT: If due balance of your account is not successfully settled within 7 calendar days of due date, your account is considered delinquent, and service may be suspended.
- INTEREST / COLLECTION COST: If your account is more than 30 days past due, the outstanding balance may be turned over to a collection agency. You will be responsible for any collection cost. In addition, interest will accrue on your outstanding balance at a rate of 2% per month, compounded monthly, rounded up to the next month. The accrued interest will be considered as part of your outstanding balance.
- RESTORATION: If your service is suspended due to payment issue, but subsequently brought back into good standing, the current setup fee will apply for restoring service to each of your account logins.
- NON-WAIVER OF CONTRACTED TERMS: If your account is contracted with a term commitment, and if service is suspended due to payment issue, you continue to be responsible for fulfilling the full terms of your contract. Your lack of access during service suspension may not be used as waiver or reduction from your contract commitment.
- CHARGE-BACK: If you dispute or chargeback your purchase with your payment method, you agree to pay a return payment fee of $25 per incident.
Contracted account (including Automatic Renewal)
A contracted account is an account that has agreed to and is bound by a term commitment with time-length commitment. A contracted account may have multiple logins or sub-accounts.
If your account is a contracted account, you will generally be offered a renewal contract 30 days before the end of the term of your current contract. You always have 30 days from the sending of such terms to request changes, upgrade, downgrade, or reject the renewal.
You are also welcomed to contact us up to 45 days prior to your contract renewal date, to confirm the renwal terms that may be offered, to preemptively request specific renewal option, including cancellation, or to request any custom proposal.
If you do not reject the renewal notice, or if you do not confirm changes that you may have requested, the renewal will take effect at the end of your previous contract term and you will be bound by such terms. Independent of your non-rejection, if you continue to use the service, beyond current term without rejecting or confirming changes, you will also be bound by the offered renewal terms.
If your account is a contracted account, you are bound by the term and time-length commitment. Unless we allow otherwise, you may terminate or cancel your account by prepaying the full remaining financial value of your contract. Upon such prepayment, you will no longer be subjected to any required commitment of the contract, and you will no longer be entitled to any benefits of the contract, as of the date of the prepayment.
Change In Terms
ANX may change these terms of service at any time. We do not guarantee any advance notice, but will general strive to provide notice or option of withdrawal for any significant change in terms of service.
Any change will be displayed, with a timestamp, on the site. Such terms become binding upon publish. You can reject the change of terms of service by closing your account. If you would like to reject such change of terms and do not have an account or cannot log in, please contact us by email stating your identification and the basis of your rejections. Rejection can only be used as relief from future terms and not from obligations for past access or usage. Once you have rejected the terms, unless otherwise provided, you shall no longer access the site and continual access of the site will render your rejection void and subject you to the current terms.
Please send comments, inquiries, access requests, or questions to firstname.lastname@example.org.
Access subject to Terms of Service July 11, 2014