Terms of Service
Last updated on May 1, 2022
The following Terms and Conditions of Use Agreement (“Agreement”) governs the use of all pages within WWW.FOXTROTDASH.COM (the “Site”) and any material and services made available through the use of such pages, including, without limitation, any additional services, whether free or provided on a paid subscription basis, including but not limited to our proprietary Points Inspiration Tool, Blog, Concierge Points Advice Services, and any written or verbal recommendations on how to maximize the use of credit card miles, or loyalty points, whether provided through the Sites or through email (the foregoing, including the Sites, collectively referred to as the “Services”) by FOXTROT DASH INCORPORATED (“FOXTROT DASH,” “we,” or “us”). Please read this Agreement carefully. You can access this Agreement any time at link to Agreement. Your use of the Sites and/or the Services will constitute your ongoing acceptance of this Agreement. If you cannot accept this Agreement, please do not use the Services.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN SECTION 7 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH FOXTROT DASH ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. RIGHT TO MODIFY
FOXTROT DASH reserves the right to modify or replace this Agreement at any time and at FOXTROT DASH’s sole discretion. For your reference, at the top of this Agreement, immediately below the title, will be the date the Agreement was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement). It is your responsibility to regularly check the Services to determine if there have been changes to this Agreement and to review such changes. We will also provide you with notice of modifications by email, if we have your email address, at least 20 days before the date they become effective. Your continued use of the Services following the posting or effective date of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Services.
2. DESCRIPTION OF SERVICES
The Services provided by FOXTROT DASH include, but are not limited to, the following:
A. Use of the Sites, Services, and any functionality on the Sites.
B. Use of FOXTROT DASH's Points Inspiration Tool and any functionality within it. The Points Inspiration Tool is a new online tool and dashboard for tracking and maximizing your credit card points, airline miles, and hotel loyalty points, in order to plan your next points trip.
C. Use of FOXTROT DASH's proprietary points best evaluation algorithms and calculator functionality.
D. Use of FOXTROT DASH's Concierge Points Advice Services which provides personalized virtual currency advice and points management.
E. Use of FOXTROT DASH's Blog and Content which highlights our travel expertise and recommendations, trip reporting, and proven experience to guide and inspire your next points trip.
3. USE OF SERVICES
A. LICENSE TO USE THE SERVICES
Unless otherwise specified, FOXTROT DASH grants you a non-exclusive, revocable, limited license to use the Services for your personal, noncommercial use only, unless FOXTROT DASH provides you with a separate written agreement signed by FOXTROT DASH and you stating otherwise.You agree to use the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any information, material, software, products, imagery, or Services contained on the Sites without the express written consent of FOXTROT DASH. You will not engage in Automated Data Collection from the Services or Sites without FOXTROT DASH’s express written permission. Automated Data Collection means the collection of data through automated means, such as through harvesting bots, robots, spiders, scrapers, website crawlers, and/or similar mechanisms. You will not engage in hacking of the Services or Sites without FOXTROT DASH’s express written permission. You may not use the Services to further any commercial purpose, including advertising or advertising revenue generation active on your own website or in any other form or medium, except if FOXTROT DASH provides you with a separate written agreement signed by FOXTROT DASH and you stating otherwise. All rights not expressly granted to you in this Agreement are reserved and retained by FOXTROT DASH and/or its affiliates. The licenses granted by FOXTROT DASH terminate if you do not comply with this Agreement and/or any other terms and conditions for the Services.
By using the Services, you represent that you are not a person barred from using the Services under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Services unless expressly reserved in this Agreement.
B. USE BY CHILDREN
The Services are not intended for users under the age of 18, as that is the minimum legal age to apply for a credit card, and FOXTROT DASH does not knowingly collect personally identifiable information from or about individuals under the age of 18, and users are expressly prohibited from submitting personally identifiable information about individuals under 18 to us; any such information submitted by users will not knowingly be used, posted, or retained by us.
C. PRIVACY AND COMMUNICATIONS
II. Consent to Electronic Communication
You consent to receive communications from FOXTROT DASH, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Sites as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to FOXTROT DASH.
4. TRADEMARK NOTICE
FOXTROTDASH.COM are service marks of FOXTROT DASH or its affiliates. All rights reserved. These and other FOXTROT DASH graphics, photographs, logos and service marks and trademarks of FOXTROT DASH and its affiliates may not be used without prior written consent of FOXTROT DASH or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Sites are the property of their respective owners.
5. SUSPENSION/TERMINATION FOR FAILURE TO ABIDE BY AGREEMENT
Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Services may result in suspension or termination of your access to the Services, without notice, in addition to FOXTROT DASH’s other remedies.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. NEITHER FOXTROT DASH NOR ITS AFFILIATES NOR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS (COLLECTIVELY, “PROVIDERS”), OR THE LIKE, WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT OR SERVICE PROVIDED THROUGH THE SITES OR SERVICES.
ALTHOUGH FOXTROT DASH ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE SITES AND SERVICES, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITES AND SERVICES. IT IS POSSIBLE THAT THE SITES COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITES BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM FOXTROT DASH SO THAT IT CAN BE CORRECTED. INFORMATION CONTAINED ON THE SITES AND THROUGH THE SERVICES MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
NEITHER FOXTROT DASH NOR PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR CURRENCY OF ANY INFORMATION CREATED OR PROVIDED THROUGH THE SITES OR SERVICES, WHICH WE OBTAIN DIRECTLY FROM PUBLISHED AWARD CHARTS AND OTHER PUBLISHED AND/OR DISTRIBUTED INFORMATION OF THIRD PARTY CREDIT CARD COMPANIES, HOTELS, AIRLINES, OR OTHER FREQUENT FLYER PROGRAM ISSUERS, OR OTHER NON-FOXTROT DASH WEBSITES. SUCH LOYALTY PROGRAMS, ENTITIES, AND/OR WEBSITES INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: AMERICAN EXPRESS MEMBERSHIP REWARDS, CHASE ULTIMATE REWARDS, CITI THANKYOU REWARDS, CAPITAL ONE SPARK, ALASKA AIRLINES MILEAGEPLAN, AMERICAN AIRLINES AADVANTAGE, DELTA AIR LINES SKYMILES, HAWAIIAN AIRLINES HAWAIIANMILES, FRONTIER MILES, JETBLUE TRUEBLUE, SPIRIT AIRLINES FREE SPIRIT, SOUTHWEST RAPID REWARDS, UNITED MILEAGEPLUS, BEST WESTERN REWARDS, CHOICE PRIVILEGES, HILTON HONORS, IHG REWARDS CLUB, MARRIOTT BONVOY, RADISSON REWARDS, WORLD OF HYATT, AND WYNDHAM REWARDS. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO AND THROUGH THE SITES AND SERVICES, AND FOXTROT DASH AND PROVIDERS SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION, INCLUDING BUT NOT LIMITED TO, REDEMPTION VALUES OF FREQUENT FLYER MILES, POINTS, OR CASH BACK VALUE.
THE CREDIT CARD COMPANIES, HOTELS, AIRLINES, AND OTHER FREQUENT FLYER PROGRAM ISSUERS HAVE NO CONTRACTUAL RELATIONSHIP WITH FOXTROT DASH AND ARE NOT AGENTS, EMPLOYEES, OR INDEPENDENT CONTRACTORS OF FOXTROT DASH OR PROVIDERS. FOXTROT DASH’S DISPLAY THROUGH THE SITES AND SERVICES OF INFORMATION FROM OR RELATED TO SUCH THIRD PARTIES DOES NOT CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY FOXTROT DASH OR PROVIDERS OF SUCH ISSUERS OR ANY AFFILIATE OF SUCH ISSUERS. YOUR INTERACTION WITH SUCH ISSUERS IS AT YOUR OWN RISK. FOXTROT DASH AND PROVIDERS WILL HAVE NO LIABILITY FOR THE ACTS OR OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF ANY SUCH ISSUERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
THE SITES AND SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, SERVICES, AND HYPERLINKED WEBSITES.
FOXTROT DASH, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITES-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITES-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITES AND/OR THOSE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITIATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
We hope we never have a dispute with you, but if we do, you and we agree to try for 60 days to resolve it informally. If we cannot, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitration shall be conducted in San Francisco, California, in accordance with the “Choice of Law and Venue” Section below. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through AAA, and each party shall bear its own attorneys’ fees.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties.
Notwithstanding the above, you and we each retain the right to bring an individual action in small claims court and the right to seek injunctive relief or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
If you have a dispute under the first paragraph of this Section 7 (above) and we have not been able to resolve it, send a Notice of Dispute by U.S. Mail to FOXTROT DASH, ATTN: DISPUTES / PRE-ARBITRATION, 1450 Sutter Street #108, San Francisco, CA 94109, USA. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Sites or Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Sites or Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-788-7879. To start an arbitration, the initiating party must provide the other party with a written Demand for Arbitration as specified in the AAA rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at the website or phone number mentioned in the prior sentence. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators if the Consumer Arbitration Rules apply; or if the Commercial Arbitration Rules apply, from the AAA’s roster of commercial dispute arbitrators. If the parties are unable to agree upon an Arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the applicable AAA Rules.
8. COPYRIGHT COMPLAINTS
FOXTROT DASH has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any user of the Sites or Service who is found to have infringed on the rights of FOXTROT DASH or of a third party, or otherwise violated any intellectual property laws or regulations. FOXTROT DASH’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want FOXTROT DASH to delete, edit, or disable the material in question, you must provide FOXTROT DASH with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FOXTROT DASH to locate the material; (d) information reasonably sufficient to permit FOXTROT DASH to contact you, such as an address, telephone number, and if available, an electronic email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
FOXTROT DASH INCORPORATED
9. LINKS OR POINTERS TO OTHER SITES
We do not endorse, and FOXTROT DASH expressly disclaims responsibility and liability for, External Site(s), including with respect to the content, products, and services provided by External Site(s). The content of External Site(s) is developed and provided by others, not FOXTROT DASH. You should contact the site administrator or webmaster for those External Site(s) if you have any concerns regarding such links or any content located on such External Site(s). Any interactions you have with External Site(s) is between you and the External Site(s) and you agree that FOXTROT DASH is not liable for any damage or loss you may suffer as a result of any interactions with any such External Site(s) or any claims you may have against such External Site(s). If you decide to access linked External Site(s), you do so at your own risk.
You agree to defend, indemnify, and hold FOXTROT DASH and its officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Sites or Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11. CHOICE OF LAW AND VENUE
This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. The Sites and Services shall be deemed passive ones that do not give rise to personal jurisdiction over FOXTROT DASH. Notwithstanding the preceding sentences with respect to substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. sections 1 - 16). The application of of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco county, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration Agreement in Section 7 above, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California, is the proper forum for any appeals of an arbitration award of for trial court proceedings in the event that the arbitration provision above is found to be unenforceable, and that in such case, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the terms and conditions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
13. NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of the Sites, you warrant to FOXTROT DASH that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement.
Headings in this Agreement are for reference purposes only and do not limit the scope or extent of such section.
FOXTROT DASH’s failure to act with respect to a breach by you or others does not waive FOXTROT DASH's right to act with respect to subsequent or similar breaches. FOXTROT DASH does not guarantee it will take action against all breaches of this Agreement.
16. ENGLISH LANGUAGE
This Agreement is written in the English language. If any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.
17. ENTIRE AGREEMENT
It is our goal to provide you with a first class user experience, so if you have any questions or comments about this Agreement, please feel free to contact us by e-mail at hellofoxtrotdash.com or write us at:
FOXTROT DASH INCORPORATED
1450 Sutter Street #108
San Francisco, CA 94109