The following modifications to the Limitations of Liability/Disclaimer section of these Terms & Conditions apply to residents of New Jersey:


THE INFORMATION AND OFFERS (INCLUDING TEXT, GRAPHICS, LINKS OR OTHER MATERIAL) CONTAINED IN THE SITE ARE PROVIDED ON AN "AS IS" AND "WHERE AVAILABLE" BASIS. CHEAPOAIR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS, PRODUCTS, SERVICES, OR INFORMATION.

UNDER NO CIRCUMSTANCES SHALL OUR PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DAMAGES, FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SMART PHONE OR OTHER PROPERTY, FOR ANY LOSS OF DATA ON ACCOUNT OF YOUR ACCESS TO, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE OR FROM ANY EMAIL OR LINKS SENT TO YOU BY CHEAPOAIR. IN NO EVENT SHALL OUR PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS , LOST BUSINESS, OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE SITE OR THE TRAVEL RESERVATIONS BOOKED THROUGH CHEAPOAIR (WHETHER THROUGH THIS SITE OR CALL CENTER), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY.


WE ARE ACTING ONLY AS AN INTERMEDIARY OR AN AGENT FOR PROVIDERS OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES BY PROMOTING, SELLING OR ACCEPTING RESERVATIONS OR BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS AIR AND GROUND TRANSPORTATION, HOTEL ACCOMMODATIONS, MEALS, TOURS, CRUISES, TRAVEL INSURANCE, ETC.) AND ARE IN NO WAY LIABLE FOR SUCH PROVIDERS' PRODUCTS AND SERVICES.


YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. WE ARE ACTING ONLY AS AN INTERMEDIARY OR AN AGENT FOR PROVIDERS OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES BY PROMOTING, SELLING OR ACCEPTING RESERVATIONS OR BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS AIR AND GROUND TRANSPORTATION, HOTEL ACCOMMODATIONS, MEALS, TOURS, CRUISES, TRAVEL INSURANCE, ETC.) AND ARE IN NO WAY LIABLE FOR SUCH PROVIDERS' PRODUCTS AND SERVICES.


THE LIMITATION OF LIABILITY CONTAINED IN THESE TERMS & CONDITIONS DOES NOT APPLY TO YOU FOR DAMAGES ARISING OUT OF OUR NEGLIGENCE OR WILLFUL MISCONDUCT OR ANY OTHER CAUSE OF ACTION ARISING FROM OUR ACTS BUT DOES APPLY TO THE ACTS OR OMISSION OF OTHERS. OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER ANY CIRCUMSTANCES WILL NOT EXCEED $1,000.00 OR YOUR ACTUAL, OUT-OF-POCKET COSTS AND DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AS STATED IN THESE TERMS AND CONDITIONS.