Terms of Service

Last Updated: June 24, 2016

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE AIRFORDABLE WEBSITE, YOU AGREE TO BE BOUND BY THE (1) AIRFORDABLE TERMS OF SERVICE, (2) AIRFORDABLE E-SIGN AGREEMENT, AND (3) AIRFORDABLE PRIVACY POLICY, IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE AIRFORDABLE WEBSITE OR USE THE AIRFORDABLE SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

1. What are you agreeing to?

1.1. The Parties to this Agreement.

These Terms of Service describe a contractual relationship (“Agreement”) between you (“you” or “your”) and Airfordable, Inc. (“Airfordable,” “we,” “us,” “our”), your use of the “Buy with Airfordable” service as described below in Section 2.1 below, and your access to your Airfordable account information and service through the Website (together, the “Airfordable service” or “service”).

1.2. Changes to this Agreement.

Airfordable may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the "Confirm Charge" button below the updated agreement). If this Agreement is changed, Airfordable will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective. If Airfordable makes any changes to this Agreement that it deems to be material, Airfordable will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.

1.3. Your Eligibility.

To be eligible to use the service, you must be at least 18 years old and a resident of the United States. You represent and warrant that you are eligible to use the service.

2. How Airfordable will serve you?

2.1. The Airfordable Service.

Airfordable offers a closed-end installment plan for airfares to be paid in biweekly payment cycle for up to 3 months. Airfordable allows you to buy airline tickets on installment plans from airline websites and online travel agencies. If you agree to use the Airfordable service, Airfordable will pay the airline or online travel agency of your choice on your behalf in exchange for your promise to repay the same amount plus a one time service charge.

2.1.1. Your Promise to Pay:

Before completing any transaction on your behalf through the Airfordable service, Airfordable will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the Total Payments amount to Airfordable or its assigns, by asking you to to initial and sign the final agreement pop up screen.

2.1.2. One time service fee:

Airfordable charges a one-time fee between 10% - 20% of the total ticket cost. Airfordable will disclose the corresponding amount in your installment plan before you agree to it.

2.1.3. Deposit:

The Airfordable service requires that you pay a deposit upfront to start your payment plan. This amount is a fraction of your total ticket amount. It is charge at the time of your booking submission. You will receive an email receipt after you’ve been charged successfully. All successful payments towards your payment plan are non-refundable.

2.1.4. Review Process:

The Airfordable service has a review process that takes up to 24hrs after your booking submission. The Airfordable review process is in place to verify the information you’ve provided for your booking including but not limited the authenticity of your screenshot or if Airfordable has capacity to take on bookings for the specific month of your booking. In the event your booking doesn’t get approved, your deposit is refunded to you immediately. Airfordable a third party payment processor who has full control of your refunded deposit appearing back in your account. According to their refund payment process, it can takes up to 7-10 business days to refund the amount back into your account. For any questions about this please refer to www.stripe.com.

2.1.5. Payments:

Your first payment after the deposit, will be due no sooner than 14 days if approved after your submission is submitted. This payment and the subsequent scheduled payments are charged automatically and no action is required on your part. We send you payment reminders days before the scheduled dates should you need to make changes to your repayment method.

2.1.6. Receiving your e-ticket:

You will receive your e-ticket information including the airline confirmation code in both a congratulations email sent by Airfordable as well from the airline or online travel agency directly via email after your last payment has been successfully charged.

2.1.7. No Prepayment Penalty:

You may satisfy your repayment obligation under the Airfordable service on any date prior to the date of the final payment by paying Airfordable an amount equal to the unpaid balance. You will have to notify the Airfordable team at team@airfordable.com if you’d like to pay off your balance ahead of time.

2.1.8. Changes to Airfordable terms:

Airfordable may unilaterally decide to change these Airfordable Terms from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the "Confirm Charge" button next to the updated agreement). If these Airfordable Terms are changed, Airfordable will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective.

2.2. Collecting Information About You.

By using the Website or Airfordable Service, you authorize Airfordable, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. Airfordable reserves the right to close, suspend, or limit access to your account and/or the service in the event we are unable to obtain or verify this information.

2.3. Payment Defaults & Cancellations while on a payment plan

You agree to allow Airfordable to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the Airfordable E-Sign Consent, you agree that payment reminders may take the form of any available communication. You also agree that if you fail to pay an amount owed to Airfordable pursuant to this Agreement, Airfordable will cancel your ticket and payment plan and all payments made remain non refundable to you. Any payments made after the deposit, will be a credit you can use in year on Airfordable towards the specific airline in the booking you submitted.

2.4. Changes or flight cancellations

During your payment plan, you authorize Airfordable to manage your flight booking and protection process. If you need to make changes to your flight during your payment plan, contact Airfordable at team@airfordable.com. Depending on the airline your booking is with, the airline may charge a change fee. This fee will be charged to your card on file should you request any changes to be done.
Once your payment plan is complete, all changes or flight cancellations must be done directly with the airline or online travel agency from which you submitted your booking for. Airfordable is no longer your point of contact once you complete your plan. As such, you will have to follow the policies and procedures of the airline or online travel agency regarding changes or cancellations to your flight.

2.5. Communication & Notification.

You agree that Airfordable may provide you communications about your account and the Airfordable Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Airfordable reserves the right to close or limit access to your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party site on which the Airfordable Service relies (e.g., Facebook, Twitter, etc.) or if any such service should revoke or cancel your account on that site. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via sms or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.
If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or e-mail via:

  • a mobile phone or landline you you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours),
  • any email address you provide to us or one of our merchants,
  • automated dialer systems and automatic telephone dialing systems,
  • pre-recorded or artificial voice messages and other forms of communications.

You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges. You understand and agree that Airfordable may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Airfordable or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Airfordable may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Airfordable, and Airfordable does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Notwithstanding this provision, Airfordable’s delivery of any Disclosures governed by the Airfordable E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.

2.6. Working with Third Parties.

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party's product or service or through your Airfordable account, you acknowledge that Airfordable may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Airfordable responsible for, and will indemnify Airfordable from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

2.7. Cancelling transactions

Airfordable may choose not to provide service to you, to specific airline or an online travel agency that you’ve submit at any time for any reason, including but not limited to, your history of transactions on our site. Airfordable may cancel transactions or your payment plan at any time if you violate any term of this Agreement.

3. Your use of Airfordable.

3.1. Agreement to Provide Accurate Information.

When you provide information to Airfordable, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.

3.2. Delays in Processing.

In some cases when you attempt to use the Airfordable Service to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either Airfordable or the merchant and can be cancelled at any time until it is confirmed by Airfordable.

3.3. User Responsible for Fees.

If you use the Airfordable Service, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data service, and any other fees that your phone service provider may charge.

3.4. Repayment Methods.

You may use one of the acceptable methods of payment to be used for automatic recurring scheduled payments according your payment plan.
Currently acceptable methods of payment are:

  • Debit & Credit Card – Automatic payments made by debit or credit card will be subject to the terms and conditions established by the card issuer. If charges cannot be processed through your debit or credit card, is returned for insufficient funds, you will be responsible for any fees incurred and Airfordable will have no liability with respect thereto.

3.5. Access to Your Account.

You are responsible for maintaining the secrecy of the login credentials to your Airfordable account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Airfordable account and to any 3rd Party account you have used to login to your Airfordable account. You are also responsible for maintaining the accuracy of the information in your Airfordable account.

3.6. Website Content.

The information on the Airfordable’s website is for information purposes only. It is believed to be reliable, but Airfordable does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice. Access to the service may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Airfordable.

3.7. Links to Other Websites.

Links to non-Airfordable websites are provided solely as pointers to information on topics that may be useful to users of the service, and Airfordable has no control over the content on such non-Airfordable websites. Airfordable makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does Airfordable warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by Airfordable, you must do so at your own risk. Airfordable does not guarantee the authenticity of documents on the Internet. Links to non-Airfordable websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or service offered at such sites, or any representation regarding the content at such websites.

3.8. Closing Your Account.

You may close your account at any time by contacting us at team@airfordable.com. Upon account closure, if you owe any payment(s), Airfordable will not close your account until that payment(s) has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. Airfordable will retain your information in accordance with our Privacy Policy.

3.9. Dormant Accounts.

Airfordable may close your account if you do not log in to the Website or use the Airfordable Service for two or more years. Airfordable will retain your information in accordance with our Privacy Policy.

4. How you may NOT use Airfordable.

By using Airfordable’s Website or service, you agree that:

4.1.

You will not engage in any activities related to the service that are contrary to any applicable law or regulation or the terms of any agreements you may have with Airfordable;

4.2.

You will not provide false, inaccurate or misleading information;

4.3.

You will not provide information belonging to any person other than yourself;

4.4.

You will not use an account that belongs to another person for yourself or on behalf of another person;

4.5.

You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the service or to surreptitiously intercept or expropriate any system, data or personal information from the service;

4.6.

You will not breach this Agreement or any other agreement or policy that you have agreed to with Airfordable;

4.7.

You will not commit unauthorized use of Airfordable’s Website and systems including but not limited to unauthorized entry into Airfordable’s systems, misuse of passwords, or misuse of any information posted to a site; and

4.8.

You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

5. How Airfordable will resolve disputes.

5.1. Disputes with Airfordable.

If a dispute arises between you and Airfordable, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Airfordable at team@airfordable.com to try resolving your problem directly with us.

5.2. Mandatory Arbitration.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING THE Airfordable SERVICE OR THE WEBSITE. Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Airfordable service, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the service that cannot be resolved directly between you and Airfordable shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the “Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Airfordable will pay all arbitration fees and expenses.
The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Airfordable each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Airfordable and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our “Affiliates”).
Except as explicitly provided in elsewhere in this Agreement, all claims you bring against Airfordable must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Airfordable may recover from you attorneys' fees and costs up to $1,500 per claim, provided that Airfordable first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim

5.3. Restrictions.

You and Airfordable agree that any arbitration shall be limited to the dispute between Airfordable and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

5.4. Exceptions to Informal Negotiations and Arbitration.

You and Airfordable agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Airfordable’s intellectual property rights; and (2) any claim for injunctive relief.

6. MISCELLANEOUS PROVISIONS.

6.1. Operations.

Airfordable operates and controls the Service from its offices in the United States. Airfordable makes no representation that the Service are appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Airfordable to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the service may be subject to United States export controls. Thus, no software from the service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms of Use are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Airfordable or any other web site or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Airfordable) in full. The privileges granted to you under these Terms of Use will terminate immediately and automatically without notice from Airfordable if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. You may not assign these Terms of Use without Airfordable’s prior written consent, but Airfordable may assign these Terms of Use and its rights and obligations hereunder to any party at any time without any notice to you. These Terms of Use contain the entire understanding between you and Airfordable, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the service by Airfordable. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Airfordable’s request, you will furnish Airfordable any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Airfordable by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

6.2. Enforceability and Governing Law.

The failure of Airfordable to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. These Terms of Use set forth the entire understanding between you and Airfordable with respect to the service. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The laws of the State of Delaware govern your access to, and use of, the service and the terms of this agreement.

6.3. Intellectual Property.

All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the service are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Airfordable or one of its affiliates. The copying, redistribution, use or publication by you of any part of the service, unless expressly permitted in this Agreement, is strictly prohibited. Use of the service does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the service does not constitute a waiver of any right in such information and materials.

6.4. Trademark.

“Airfordable” is the marketing name for certain financial service activities of Airfordable as operator of the service. "Airfordable" is a trademark of Airfordable. Other featured words or symbols may be the trademarks of their respective owners.

6.5. Indemnification.

You agree to indemnify, defend and hold Airfordable and its Affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the service or any violation of these Terms of Use.

6.6. WARRANTY.

Airfordable AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE service OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE service. Airfordable AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE service, INCLUDING ANY WARRANTY REGARDING NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Airfordable AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE service.

6.7. LIMITATION OF LIABILITY.

Airfordable AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE service. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Airfordable AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE THE LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE service WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR service SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER Airfordable NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.

6.8. Statute of Limitations.

You and Airfordable both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, Terms of Use or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

6.9. No Third-Party Beneficiaries.

This Agreement is between you and Airfordable. No user has any rights to force Airfordable to enforce any rights it may have against any you or any other user.

6.10. Government Use.

If You are a part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.

Airfordable E-Sign Consent Agreement

This E-Sign Consent constitutes your consent to receive disclosures and other information in electronic form. In connection with the Airfordable service, Airfordable is required by law to provide you with certain disclosures. Without your consent, Airfordable is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should choose another payment option.

1. Consumer Consent

Before completing any transaction using the Airfordable Service, you will be asked to consent to the Airfordable Terms of Service by clicking "Create Account" or "Sign Up". This action constitutes your electronic signature and manifests your consent and agreement to the following terms:

  • Airfordable may provide disclosures required by law and any other information about your legal rights and duties and your account to you electronically.
  • Airfordable can send any communications, billing statements, or required disclosures, such as initial and annual privacy notices (together, “Disclosures”) to you electronically via our website or to the email address that you have provided to us, either directly or indirectly via the merchant to whom Airfordable will send funds on your behalf.
  • Airfordable will notify you via e-mail when the Disclosures are available. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever Airfordable sends you an email or text message regarding the Disclosures, that email will contain instructions regarding how to view the Disclosures.
  • Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
  • This consent applies to any transaction undertaken through the service in the past, to all future disclosures and communications on your account, to all future transactions in which you use the service, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.

2. Minimum Requirements

You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.

3. Withdrawing Consent

You are free to withdraw Your Consent at any time. If at any time you wish to withdraw Your Consent, you can send us your request by submitting a request through the ‘contact us’ link at www.airfordable.com or emailing team@Airfordable.com. If you decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and Airfordable may close or limit access to your account. You agree to pay any amount owed to Airfordable even if you withdraw Your consent and we close or limit access to your account. You agree to pay any amount owed to Airfordable even if you withdraw Your consent and we close or limit access to your account.

4. Legal Effect

Your consent to this E-Sign Consent means that Disclosures Airfordable provides to you electronically shall have the same meaning and effect as if provided in paper form. An text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if Airfordable had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 3, above, prior to receiving such Disclosures,

5. Miscellaneous

You agree that Airfordable may modify or change the methods of disclosure described herein, and that Airfordable may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you.


You also agree that Airfordable is not responsible for any delay or failure in your receipt of any email notice that is not caused by Airfordable’s failure to send such a notice to the phone number or email address you have provided for that purpose.