Disclosures & Disclaimers

Terms and Conditions for Viewing the Website

PLEASE READ THESE TERMS (AS DEFINED BELOW) CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

UpNonStop, LLC (“UpNonStop,” “we” or “us”) website allows users to receive information about UpNonStop and register, cancel and pay for consultation services related to airline and credit point/loyalty program redemption strategies toward a particular trip (the “Services”) offered by UpNonStop.

This Terms and Conditions of Service (the “Terms”) is a legally binding agreement made by and between UpNonStop, on behalf of itself or its affiliates, and you, personally. The Terms govern your use of the website owned or operated by us (the “Website”) and the Services we offer on the Website.

BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, UPNONSTOP RESERVES THE RIGHT TO MAKE CHANGES, IN ITS SOLE DISCRETION, TO THE TERMS AT ANY TIME WITHOUT YOUR CONSENT. ALTHOUGH UPNONSTOP MAY ATTEMPT TO NOTIFY YOU WHEN MAJOR CHANGES ARE MADE TO THESE TERMS, YOU SHOULD PERIODICALLY REVIEW THE MOST UP-TO-DATE VERSION OF THE TERMS, WHICH WILL ALWAYS BE POSTED ON THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THE TERMS THAT MAY BE POSTED ON THE WEBSITE. 

1.     Using the Website.

a.     Eligibility. Use of the Website is void where prohibited. You must be at least 18 years of age, or the age of legal majority in your jurisdiction of residence, to use the Services. By agreeing to these Terms, you hereby agree to the waiver and release set forth in these Terms and you represent and warrant that: (a) you are at least 18 years of age (or the age of legal majority in your jurisdiction of residence); (b) your registration and use of the Services are in compliance with all applicable laws and regulations applicable to you. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. The right to access and use the Services may be revoked at any time where these Terms and/or use of the Services is prohibited or conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

b.     License and Restrictions. For so long as you are in compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, we grant you a limited, non-transferable, non-exclusive, non-assignable, revocable right and license (i) to use the content and materials on our Website in the normal course of your use of the Website and (ii) to access and use the Services for your personal, non-commercial purposes. We will retain ownership of our intellectual property rights, and you will not obtain any rights therein by virtue of the Terms or otherwise. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit, or sublicense materials or content available on the Website, except as expressly set forth in the Terms.

c.     Prohibited Conduct. In your use of the Website, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party, or submit content that is harassing, obscene, threatening, defamatory, or otherwise inappropriate; (ii) disrupt or interfere with the security or use of the Website or any websites linked to the Website; (iii) interfere with or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including without limitation, us, or use a false identity; (v) attempt to obtain unauthorized access to the Website; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail, or any other type of unsolicited solicitation; (vii) collect or use, for any purpose, information about other users or the Website without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any applicable law, rule, or regulation; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website; or (xi) assist or encourage any third party in engaging in any activity prohibited by the Terms.

d.     Monitoring. We strive to provide an enjoyable and safe experience for all users. Accordingly, for your safety and security, we may monitor the Website activity and use for compliance with these Terms. You and/or your account are subject to removal from the Website for any distasteful/offensive actions or communication.

2.     Password and Account Security.

a.     Registration. You may create your own account on the Website by completing the online registration process on the Website. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Website account using an old e-mail address, you will not be able to receive messages from us.

b.     Accounts and Passwords. Following registration, we will create an account for you and allow you to select a password. You must keep your password confidential. You will be responsible for all use of your password, including without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website. You may never use another person’s account without permission. Although UpNonStop will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of UpNonStop or others due to such unauthorized use.

3.     Your Content; License. By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

4.     Accuracy of Information. We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies, or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.

5.     Fees. You acknowledge that UpNonStop charges fees for the Services, and UpNonStop reserves the right to change its fees from time to time in its sole discretion.

6.     Sales Tax. If you purchase any services available on the Website, you will be responsible for paying any taxes indicated on the Website, if any.

7.     Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We may capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

8.     Security. We employ measures designed to ensure the security of the Website but make no guarantees in this regard.

9.     Intellectual Property Rights.

a.     Copyright. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without our express prior written consent.

b.     Trademarks. All trademarks on the Website are owned or licensed by us. Page headers, custom graphics, button icons, and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express prior written consent. 

10.  Third-Party Services. We may use third parties to provide certain services accessible through the Website and may provide links to third-party websites. We do not control those third parties, their services, or their websites. We will not be liable to you in any way for your use of such services or websites. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms when you use these services and websites. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

11.  Linking and Framing. You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including without limitation, the Website. You may not use any of our logos or other trademarks as part of a link without express written permission. 

12.  Comments. All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit, or offer to us in connection with your use of the Website (collectively, “Comments”) will become our exclusive property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to affect, record, or perfect such assignment. Thus, we will own exclusively all such right, title, and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. 

13.  Indemnification. You agree to hold us and our owners, employees, representatives, agents, attorneys, affiliates, officers, managers, and members (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Website or the Services. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our express prior written consent.

14.  Waiver and Release. Prior to using the Services, you must execute the Waiver and Release Form (the “Waiver and Release”), attached hereto as Annex A. Failure to do so shall prevent you from using the Services.

15.  Marketing. In the event you choose to you utilize your camera while participating in a consultation, you agree to grant UpNonStop and its agents the right to take and utilize photographs, videos, or any type of recordings (“Marketing Materials”) of you and anyone accompanying you while engaged in the Services (“Marketing Rights”). You further consent to UpNonStop’s use of any and all such Marketing Materials of you for advertising, promotional, or related purposes, and waive all rights to compensation and other rights which may arise as a result (including any rights under N.J. Civil Rights Law 50 and other similar state laws). In the event you choose to turn off your camera, you deny UpNonStop such Marketing Rights.

16.  DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS.

a.     GENERAL. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UPNONSTOP, ITS OFFICERS, MANAGERS, OWNERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UPNONSTOP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. UPNONSTOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UPNONSTOP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND UPNONSTOP EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UPNONSTOP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.

b.     HEALTH-RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION.

c.     LIMITATION OF LIABILITY. IN NO EVENT WILL UPNONSTOP BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, INCLUDING ANY CLAIMS WAIVED BY YOU CLAIMS PREVIOUSLY IN THIS AGREEMENT OR OTHER EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY UPNONSTOP ON AN “AS IS” BASIS ONLY. UPNONSTOP PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT. 

17.  Force Majeure. We will not be liable for failing to perform under these Terms because of any event beyond our reasonable control, including without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, pandemic, failure by a service provider to perform, fire, terrorism, natural disaster, or war.

18.  WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.

19.  Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.

20.  Changes to the Website. We may, in our sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.

21.  Revised Terms. UpNonStop may at any time revise the Terms by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

22.  Termination. We will have the right to terminate your access to the Website if we believe you have breached any of the Terms. Following termination, you will not be permitted to use the Website. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. The Terms will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.

23.  International Use; Domestic Use; Export Restriction. We control the Website from our offices within the United States of America. By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. We make no representation that materials on the Website (including without limitation, any products or services available on or through the Website) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. You may not use, export, or re-export any materials from the Website in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations. In addition, no content from the Website may be downloaded in violation of United States or international law. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. 

24.  Integration. These Terms contain the entire understanding between you and us regarding the use of the Website, and supersede all prior and contemporaneous agreements and understandings between you and us relating thereto.

25.  Governing Law; Jurisdiction; Venue. You agree that: (i) the Website shall be deemed solely based in New Jersey; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over UpNonStop or its affiliates, either specific or general, in jurisdictions other than Hudson County, New Jersey. These Terms shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. You hereby irrevocably submit to the exclusive jurisdiction of any New Jersey or Federal court sitting in Hudson County, New Jersey over any suit, action, or proceeding arising out of or relating to the Terms. In the event any relief is sought, each party hereby irrevocably consents to, and waives all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of New Jersey. 

26.  Additional Terms. These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent but may be assigned by UpNonStop without restriction. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

 Last Updated: August-1-2024 

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Terms and Conditions for Booking Up+ Services Through a Third Party Service (HoneyBook)

 PLEASE READ THESE TERMS (AS DEFINED BELOW) CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

These Terms and Conditions (the “Terms”) are a legally binding agreement made by and between UpNonStop, LLC (“UpNonStop,” “we” or “us”) and you, personally. The Terms govern your booking and use of the consultation services related to airline and credit point/loyalty program redemption strategies toward a particular trip (the “Services”) offered by UpNonStop through the third-party service, HoneyBook (“HoneyBook”).

BY BOOKING THE SERVICES THROUGH HONEYBOOK, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT BOOK THE SERVICES.

1.     Booking and Payment.

a.     Third-Party Service. All bookings and payments for the Services will be processed through HoneyBook. You agree to provide accurate and complete information during the booking process and to update such information as necessary.

b.  Payment. You must pay for the Services in advance through the portal. We accept various payment methods as indicated on HoneyBook's platform. Your credit/debit card will be charged for your order when you submit your booking.

2.     Services Provided.

a. Scope of Services. The Services provided by UpNonStop begin and end with the initial consultation and delivery of trip recommendations. The Services include advising on the best use of points but do not guarantee availability on specific dates or resolve issues that may arise before, during, or after the trip.

b. No Guarantees. UpNonStop makes no guarantees regarding the availability of flights or accommodations, the quality of services provided by third parties, or any other aspect of the trip.

3. Waiver and Release. By booking the Services, you agree to hold UpNonStop harmless and release us from any liability for any issues that may arise before, during, or after the trip, including but not limited to missed flights, cancellations, delays, or dissatisfaction with accommodations or other services.

4. Refunds. Refunds are not provided for any reason once the Services have been delivered. If UpNonStop is unable to provide the Services due to circumstances involving physical injury, incapacitation, or disability, you shall be entitled to a refund of any unused portion of your fees.

5. Indemnification. You agree to hold us and our owners employees, representatives, agents, attorneys, affiliates, officers, managers, and (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our express prior written consent.

6. Governing Law; Jurisdiction; Venue. These Terms shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. You hereby irrevocably submit to the exclusive jurisdiction of any New Jersey or Federal court sitting in Hudson County, New Jersey over any suit, action, or proceeding arising out of or relating to the Terms. In the event any relief is sought, each party hereby irrevocably consents to, and waives all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of New Jersey.

7. Integration. These Terms contain the entire understanding between you and us regarding the use of the Services and supersede all prior and contemporaneous agreements and understandings between you and us relating thereto.

8. Additional Terms. These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent but may be assigned by UpNonStop without restriction. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

Last Updated: August-1-2024

 Annex A - Waiver and Release Form

This Waiver and Release Form (the “Waiver and Release”) is made and entered into by and between UpNonStop, LLC (“UpNonStop,” “we,” “us,” or “our”) and the undersigned individual (“you” or “your”).

By accessing the content on this website you agree to the following terms and conditions:

1. Assumption of Risk. You acknowledge and agree that your use of UpNonStop’s consultation services related to airline and credit point/loyalty program redemption strategies toward a particular trip (the “Services”) involves certain inherent risks, including but not limited to, travel delays, cancellations, missed flights, and dissatisfaction with accommodations or other services. You voluntarily assume all such risks associated with the Services

2. Release of Liability. To the fullest extent permitted by law, you hereby release, discharge, and hold harmless UpNonStop, its owners, employees, representatives, agents, attorneys, affiliates, officers, managers, and members (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, liabilities, costs, and expenses (including without limitation, attorneys’ fees and costs) arising out of or related to your use of the Services, including but not limited to, any issues that may arise before, during, or after the trip.

3. Indemnification. You agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, causes of action, damages, liabilities, costs, and expenses (including without limitation, attorneys’ fees and costs) arising out of or related to your use of the Services, including any breach of these Terms by you.

4. No Guarantees. You acknowledge and agree that UpNonStop makes no guarantees regarding the availability of flights or accommodations, the quality of services provided by third parties, or any other aspect of the trip. The Services provided by UpNonStop begin and end with the initial consultation and delivery of trip recommendations.

5. Waiver of Claims. You waive any and all claims, whether known or unknown, against the Released Parties arising out of or related to your use of the Services, including but not limited to, any claims for personal injury, property damage, or loss of any kind.

6. Governing Law. This Waiver and Release shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. You hereby irrevocably submit to the exclusive jurisdiction of any New Jersey or Federal court sitting in Hudson County, New Jersey over any suit, action, or proceeding arising out of or relating to this Waiver and Release. In the event any relief is sought, each party hereby irrevocably consents to, and waives all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of New Jersey.

7. Severability. If any provision of this Waiver and Release is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Waiver and Release will otherwise remain in full force and effect and enforceable.

8. Acknowledgment of Understanding. You acknowledge that you have read this Waiver and Release, fully understand its terms, and understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are signing this Waiver and Release freely and voluntarily, and intend your signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.