END USER LICENSE/SUBSCRIPTION AGREEMENT

END USER LICENSE/SUBSCRIPTION AGREEMENT

Crew Companion™ software and Crew Companion Lite™ service (AKA CC Lite) and Crew Companion Mobile™ services (AKA CC Mobile)

eTripTrader, Inc. (eTripTrader) provides its Crew Companion™ software ("Company Software"), Crew Companion Lite™ service and Crew Companion Mobile™ service, as those services may exist from time to time ("Services"), to Subscribers (users who have an account who pay a subscription service fee) and to those prospective subscribers who access the Company Software and Services during a limited time trial period.
By subscribing (establishing an account) or using the Company Software and Services, you agree to be bound by this Agreement.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL, COPY, OR USE THE CREW COMPANION™ SOFTWARE AND DO NOT USE THE CREW COMPANION  MOBILE™ OR CREW COMPANION  LITE™ SERVICES.

  1. SUBSCRIPTION CRITERIA.

    Subscribers and prospective subscribers must be current UAL pilots or flight attendants who have access to the internet and who through the internet access eTripTrader's product website http://www.crewcompanion.com. eTripTrader is not responsible for any long distance, toll charges, or other telecommunications charges incurred by a subscriber or prospective subscriber. Current subscription prices for Services are posted on eTripTrader's website. eTripTrader reserves the right to change its subscription prices at any time and such subscription prices will be effective immediately as to new subscribers and as to current subscribers for the next subscription renewal.

  2. ACCOUNTS AND SERVICES SECURITY.

    New Subscribers open a subscription account with eTripTrader during installation of the Crew Companion software and execution of the setup wizard. Upon verification of eligibility, a Subscriber receives a temporary free trial subscription good for a period of sixty (60) days. If during the free trial subscription term, the Subscriber pays for a subscription to the Company Software and Services, the temporary subscription becomes active for the length of the paid subscription term appended to the free trial subscription period. The registered subscriber is the only authorized user of a subscriber's account and must comply with the terms of this agreement. The length of the temporary free trial subscription may be changed with respect to future subscribers.  Access to Company Software and Services will only be permitted while a current eTripTrader customer.  Some or all access to Company Software and Services may be restricted depending on chosen subscription level. During use of the subscription, data is necessarily exchanged between the Company Software or Services and the Subscriber. eTripTrader's privacy policy concerning use of the data exchanged is available at http://www.crewcompanion.com/company/privacy/index.php.

  3. IDENTIFICATION AND PAYMENT OBLIGATIONS OF A SUBSCRIBER.

    Subscriber must provide accurate information for billing purposes including legal name, billing address, telephone number, and credit card or other billing information called for during execution of the setup wizard. Subscribers are responsible for service fees charged to their account.
    Once the temporary free trial subscription period ends, Subscribers will pay a monthly service fee or an annual service fee to eTripTrader for continued use of the Company Software and Services. The amount of the fee will depend on the service level and length the user decides upon. This may be paid via personal check, money order or cashiers check mailed directly to eTripTrader, 7265 Potomac Dr., Boise, ID 83704. Subscribers may also choose to pay using a major credit card through the Crew Companion subscribe page: https://www.crewcompanion.com/subscribe/.

  4. TITLE TO COMPANY SOFTWARE.

    The eTripTrader™, Crew Companion™, Crew Companion Lite™ and Crew Companion Mobile™  software, logos, and trademarks are owned by eTripTrader or its suppliers and are protected under the copyright and trademark laws of the United States and under international treaty provisions. No copyright ownership or proprietary rights are transferred by eTripTrader by this agreement.

  5. SOFTWARE LICENSE.

    eTripTrader grants each subscriber and each authorized prospective subscriber a nonexclusive, nontransferable, nonassignable, and limited license to access, to install, and to use Company Software (including software from third-party vendors that eTripTrader distributes in conjunction with the Company Software) with the Services subject to the terms of this agreement. Each subscriber and authorized prospective subscriber agrees to use the Company Software solely with respect to accessing and using the Company Software or Services.
    EACH SUBSCRIBER AND AUTHORIZED PROSPECTIVE SUBSCRIBER AGREES NOT TO MODIFY THE COMPANY SOFTWARE OR TO REVERSE ENGINEER THE COMPANY SOFTWARE.
    eTripTrader may modify the licensed software for any reason, at any time, and without providing notice of such modification to a subscriber or prospective subscriber.

  6. DISCLAIMER OF WARRANTIES.

    SERVICES AND THE COMPANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eTripTrader DOES NOT WARRANT THAT THE COMPANY SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. eTripTrader MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED OTHER THAN THE "SATISFACTION GUARANTEED" STATEMENT DESCRIBED BELOW. eTripTrader AND ITS AGENTS MAKE NO WARRANTIES EXPRESSED OR IMPLIED OF THE ACCURACY, PERFORMANCE, MERCHANTABILITY, CURRENCY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THE COMPANY SOFTWARE, OR THE INTERNET OTHER THAN THE "SATISFACTION GUARANTEED" STATEMENT DESCRIBED BELOW.
    eTripTrader AND ITS AGENTS MAKE NO WARRANTY THAT THE COMPANY SOFTWARE AND SERVICES IS ERROR-FREE, IN CONTENT OR IN OPERATION OR IS FREE FROM COMPUTER VIRUSES. eTripTrader AND ITS AGENTS SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART OR WAY BY SUBSCRIBER'S USE OF THE SERVICES, THE COMPANY SOFTWARE, OR THE INTERNET OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, MULTIPLE, SPECIAL, DIRECT, INDIRECT, OR SIMILAR DAMAGES, EVEN IF SUBSCRIBER ADVISES eTripTrader OF THE POTENTIAL FOR SUCH DAMAGES.
    IF THESE LIMITATIONS ARE HELD TO BE UNENFORCEABLE, THEN eTripTrader's LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO SUBSCRIBER OR ANY PERSON OR ENTITY SHALL NEVER EXCEED THE AMOUNT OF FEES PAID BY SUBSCRIBER UNDER THIS AGREEMENT REGARDING THE SERVICES.

  7. SATISFACTION GUARANTEED

    You may use the eTripTrader software and services free of charge for 60 days under a trial subscription. Then, with the purchase a one year subscription, if at any time during that year you are not 100% satisfied, we will refund your entire first years subscription fee. If instead, you choose to purchase a monthly subscription after the free trial subscription, you will also enjoy a complete money back guarantee during your first month. If at any time after your initial subscription period your not completely satisfied with eTripTrader, you may cancel your subscription and receive a refund for the remaining unused portion. This guarantee is not applicable if subscription cancellation is due to the loss of your job as a pilot or flight attendant at United Airlines or if the eTripTrader service is unavailable due to circumstances beyond our control.

  8. TERM OF AGREEMENT.

    A person's continued use of the services constitutes acceptance of this agreement and any future revisions to this agreement. If you are dissatisfied with the Company Software or Services or this agreement or its future revisions, then your sole and exclusive remedy is to discontinue your use of the Company Software and Services and if you are a subscriber to terminate your account.

  9. ACCEPTABLE USE.

    A person using the Company Software and Services is prohibited from using the Company Software and Services to transmit any material that is libelous, scandalous, or immoral, or that intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated thereunder.

  10. TERMINATION.

    eTripTrader may terminate this agreement and all licenses and all rights hereunder at any time if Subscriber or authorized prospective Subscriber breaches any provision of this agreement. This right of termination is in addition to any other rights or remedies that eTripTrader may have against the Subscriber or authorized prospective Subscriber. In the event of breach by Subscriber, Subscriber shall not be entitled to any portion of any fee paid regarding the agreement. eTripTrader may terminate this agreement at anytime during the term of the agreement by providing written notice of the termination and a refund of a prorated portion of the subscription fee received from the Subscriber for that current term.

  11. ADDITIONAL TERMS.

    This Subscription Agreement shall be governed by the laws of Idaho, including the Uniform Commercial Code as adopted by Idaho, as they apply to agreements executed to be performed in Idaho. eTripTrader and Subscriber and any authorized prospective Subscriber agree that in the event litigation ever arises regarding this agreement that the proper and only forum for the litigation is either the Fourth Judicial District Court of Idaho, Ada County, or if jurisdiction is established, then the United States District Court for the District of Idaho. If any term or provision of this subscription agreement is held to be void, unenforceable, invalid, or illegal by any court, the enforceability and validity of the remaining provisions of this agreement shall not be affected.

Any changes to the eTripTrader, Inc End User License Agreement will be posted here. This policy is dated 11/3/2009 (Updated for CC Lite/Mobile)