Welcome to First.Biz (the “Site”) operated by First Business (“First Business”). Please read these Terms of Use (“TOU”) and ask us any related questions before you agree to be bound by them. This website and the information content provided herein are granted for use to you (“you” or “user”) expressly conditioned on the acceptance of the following terms and conditions. By using this website you agree to be bound by the terms, conditions and notices that follow without modification herein, under a grant of a limited, non-transferable license to use this website in accordance with these TOU. If you do not agree to these terms and conditions, you must not use this website.
Be sure to return to this page periodically to review the most current version of the TOU. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified TOU.
1. Description of Site Services
In the Site, First.Biz provides users with information regarding personalized travel planning. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access
First Business grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in First Business’ sole discretion) an unreasonable or disproportionately large load on First Business’ infrastructure; or any use of data mining, robots, scrapers, or similar data gathering and extraction tools. You may not bypass any measures used by First Business to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by First Business.
By using the Site you agree not to: (i) use this Site or its contents is for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Site to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about the TOU and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or First Business has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, First Business has the right to suspend or terminate any and all current or future use of the Site. First Business reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer, at any time and for any reason, including, but not limited to, for violation of these TOU or our Privacy Policy.
3. Prices
First Business offers Trips at negotiated prices. Our prices are contractual tariffs. No claim relating to the price of the Trip will be considered once the reservation has become effective. If quoted in a foreign currency, please be aware that all rates are indicative only and are subject to currency fluctuations.
4. Cancellations and Alterations and Refund Policies
If you need to cancel your ticket for any reason, please contact us to discuss your options. Cancellation or refund terms and conditions will apply to products and reservations purchased from first.biz’s airline and hotel suppliers. Please read these terms and conditions carefully on the websites of the applicable airline or hotel/other accommodation providers.
PLEASE NOTE: Most of the tickets are non-refundable. Please inquire regarding non-refundable airline. Only refundable airline tickets booked with first.biz may be cancelled up to 72 hours before the flight. You will be charged $500 cancellation fee and will be issued with a full refund. No exceptions.
Changes may be allowed. Changes will incur a fee of a minimum $250, if allowed by the applicable airline. Generally, but not in all cases, such changes must be made at least 48 hours before your flight or expected check-in.
5. Indemnity
You agree to indemnify and hold First Business (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOU, your violation of any law or the rights of a third party, or your use of the Site.
6. Communications
When you use the Site or send emails to First Business, you are communicating with First Business electronically. You consent to receive communications from First Business electronically. First Business will communicate with you by email or by telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because First Business has no control over such sites and resources, you acknowledge and agree that First Business is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that First Business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8. Modification to Terms of Use.
First Business reserves the right to make changes to the Site, related policies and agreements, this TOU and the Privacy Policy at any time.
9. Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of First Business and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of First Business or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
10. Procedure for Claims of Intellectual Property Infringement
First Business respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide First Business’ Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; or (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
First Business’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
First.biz
649 Mission Street, 5th Floor
San Francisco, CA 94015
By email:
email@first.biz
11. Severability and Survivability.
If any provision, or portion of a provision, in these TOU shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
Notwithstanding any other provisions of this these TOU, or any general legal principles to the contrary, any provision of these TOU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these TOU.
12. Disputes: Binding Arbitration, Governing Law, Jurisdiction, etc.
These TOU and the relationship between you and First Business will be governed by the laws of the State of California without regard to its conflict of law provisions. Any dispute concerning, relating, or referring to our Privacy Policy, Terms of Use, First Business’ website or any literature or materials concerning First Business shall be resolved exclusively by binding arbitration held in San Francisco, California and presided over by one arbiter from JAMS or another similar organization which specializes in the mediation and arbitration of disputes. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.
You and First Business agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California with respect to any legal proceedings that may arise in connection with, or relate to, this Binding Arbitration clause, our Privacy Policy, Terms of Use, First Business’ website or any literature or materials concerning First Business. You and First Business agree to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE AND AGREE THAT, BY ACCESSING THE SITE, YOU AND First Business ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
13. Attorney’s Fees, Costs, and Expenses of Suit.
If any act of law or equity, including an action for declaratory relief or any arbitration proceeding, is brought to enforce, interpret or construe the provisions of these Terms of Use, First Business’ website or any literature or materials concerning First Business, the prevailing party shall be entitled to recover actual attorney’s fees, costs, and expenses.
