TERMS & CONDITIONS

THE EARLYRETURNS MORESTORE USER AGREEMENT AND TERMS AND CONDITIONS OF USE
LAST REVISED JUNE 1, 2005

Welcome to the Frontier Airlines EarlyReturns More Store User Agreement and Terms and Conditions of Use (the "Agreement"). This Agreement contains the terms and conditions that apply to your use of our services at www.frontierairlines.com or www.frontiermorestore.com (each, a "Website"). Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Website or the Frontier Airlines EarlyReturns More Store (the "More Store"). The "More Store" includes this Website and the online auction program offered through this Website.

BY CLICKING ON THE "I AGREE" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE AGREED TO ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND LEGALLY BOUND BY, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON. YOU WILL NOT BE ABLE TO USE THE MORESTORE IF YOU CLICK ON THE "CANCEL" BUTTON.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy http://www.frontierairlines.com/privacyStmt.asp, before you participate in the More Store. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this Agreement, as they may contain further terms and conditions that apply to you as a More Store user. Prior to clicking the "I AGREE" button below, please print and keep a copy of this Agreement for your records. We may amend this Agreement at any time by posting the amended terms on our Website. Except as stated below, all amended terms shall automatically be effective after they are initially posted on our Website. This Agreement may not be otherwise amended.

This Agreement applies to your access to and use of the More Store and does not alter in any way the terms and conditions of any other agreement you may have with Frontier Airlines, Inc. for products, services or otherwise. If you breach any of the terms and conditions of this Agreement, your authorization to use the More Store automatically terminates and you must immediately discontinue use of any hyperlinks to the More Store.

1. Membership Eligibility
The More Store is available only to individuals who are (a) EarlyReturns elite members in good standing, (b) can form legally binding contracts under applicable law, and (c) have agreed to the terms and conditions of this Agreement and have properly registered and enrolled as member of the More Store. Without limiting the foregoing, the More Store is not available to minors. You must be at least 18 years of age to participate in the More Store. The More Store is provided to individuals only. Corporations, associations or other groups may not participate in the More Store. If you do not qualify, please do not use this Website. Frontier Airlines may refuse the More Store services (including listings, buying, and bidding) to anyone at any time, in our sole discretion. Further, your More Store account and user ID may not be transferred or sold to another party. In the event of fraud, abuse of privileges, or violation of this Agreement, in addition to all other remedies available at law or in equity, Frontier Airlines reserves the right to deny More Store benefits, cancel your membership/participation eligibility in the More Store and close your account. Ineligibility may also result in the loss of EarlyReturns miles, benefits, and privileges. Frontier Airlines may also take appropriate administrative or legal action, including criminal prosecution, as it deems appropriate in its sole discretion.

Employees of Frontier Airlines, Inc. and its affiliates or subsidiaries, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in the More Store.

2. Fees and Services
Joining the More Store is free. You are responsible for paying all applicable taxes and for all hardware, software, service, and other costs you incur to bid, participate, or otherwise use the More Store services. All fees and charges associated with the EarlyReturns program still apply. If Frontier Airlines is required to report point award or redemption information to taxing authorities, such reporting will be made to the tax identification number of the primary account holder on record, regardless of the party redeeming miles. Further, should federal, state or local law impose any tax reporting or filing obligations on Frontier Airlines arising out of your use or participation in the More Store, you agree to timely provide Frontier Airlines with any information that is reasonably needed for Frontier Airlines to comply with any such reporting or filing obligations. Frontier Airlines reserves the right to verify and adjust bidding miles prior to or following bid posting and redemption, in its sole discretion and without liability to any Member. Decisions as to what constitutes a qualifying bid, as well as exceptions, will be made at the sole discretion of Frontier Airlines. Frontier Airlines reserves the right to add, delete, alter or change any More Store feature, benefit or redemption level and Frontier Airlines may cancel, amend or suspend the More Store at any time without notice, unless otherwise required by law.

3. The More Store is a Venue.
Auction services in connection with the More Store are provided by Portline Web Site Builders ("Portline") an independent third party service provider, which assumes all liability and responsibility for the provision of, or failure to provide, its respective services. Portline is an independent contractor and is not affiliated with Frontier Airlines. Neither Frontier Airlines or Portline, nor their affiliates, agents, subcontractors, employees or assigns shall be liable for any bodily harm or property loss or damage which may result from your participation in the More Store or from the acceptance or use of any items successfully bid upon, nor for the performance or nonperformance by any third party providing the item redeemed in connection with a successful bid. Although we refer to the More Store as an auction website, it is important to realize that neither we nor Portline are a traditional "auctioneer." Instead, this Website acts as a venue to allow EarlyReturns members to bid for and acquire items, event tickets or access to special events offered on the More Store using mileage bids in an auction-style format commonly referred to as "auction".

4. Bidding and Buying. BY BIDDING ON AN ITEM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE FOLLOWING BIDDING RULES.

a. To be eligible to bid: You must meet the eligibility requirements described in these Terms and Conditions. You must have enough available accrued Miles ("Available Miles") on your account at the time you place your bid, and at the time you win the bid. Only Miles that appear as "Available Miles" may be used to submit a bid. Miles that are not yet accrued at the time you place your bid are not available for bidding. Please refer to the EarlyReturns Terms and Conditions for complete information on how and when Miles are earned, accrued and forfeited.

b. Bidding Rules:

You must complete a bidder's profile and provide an e-mail address prior to bidding. As a condition of bidding, you agree to receive e-mails at this e-mail address.

Minimum miles and bid increments will be established for each item.

Bids cannot be retracted.

All items bid upon are non-transferable and void where prohibited by law. No cash substitution of successful bid items is permitted or allowed

Miles are deducted from your "Available Miles" balance as soon as your bid is determined to be the winning bid.


If you choose not to accept an item successfully bid upon, you forfeit all claims to Miles redeemed for the item and Frontier Airlines shall have the right, at its discretion, to resubmit such items for auction.

Earlier bids of the same amount win over later bids.

Multiple quantities of the same item may be listed as a multi-item auction.

In a multi-item auction bidders must specify both a bid price and a quantity.

A bid is considered "completed" once you see the "Thank You Confirmation Page."

If your submission is interrupted and you do not get to the Thank You Confirmation Page, you must resubmit your bid.

Once your bid is completed, you cannot change it or withdraw it (but you can enter another higher bid).

You may enter more than one bid, but not by outbidding yourself on the same item. We will accept only the single highest bid made by any one individual as that person's final bid.

If the auction closes before your bid is completed, your bid is not eligible.

You may not be a winning bidder on more than 4 items in any week. For purposes of this Agreement, a "week" will begin each Monday and end the following Sunday. After your first four winning bids on items in a week, any bids you make on additional items closing during that same week are not eligible bids.

Should it be determined that the winner was ineligible for any reason, the next highest bidder will be deemed to be the winner.

Should more than one bidder bid the winning number of Miles, the first bidder to place the highest bid is the winner.

Miles are considered fully redeemed when the item successfully bid upon is issued and shipped. Frontier Airlines shall have no liability or responsibility for lost, stolen or otherwise destroyed items.

Miles are the property of Frontier Airlines and are void where prohibited.. Miles may be redeemed only by a primary or secondary account holder and you cannot buy, sell, or transfer Miles in any way through the More Store or this Website. Miles have no refund value, are not redeemable for cash, and may not be used to repay obligations to Frontier Airlines, its parent or any other Frontier Airlines' affiliate, or to anyone else.

Any item that is successfully bid on is an award under the EarlyReturns Program and is subject to all of the terms and conditions of EarlyReturns, including, but not limited to rules prohibiting the sale or bartering of awards.

If you are the winner of an auction item, you agree to comply with all additional terms and conditions that may be applicable to the item and your use of the item, including terms set forth in the item's description, restrictions set forth on event/travel tickets, and rules imposed by event sites/venues. Frontier Airlines shall not be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by any third party provider of the auction items/services.

All winning bids are final. The winner assumes all risks of loss or injury, whether personal or property damage, arising from any use of the item or services, and neither Frontier Airlines nor Portline will be held liable for any such loss, injury or personal or property damage. Notwithstanding anything herein to the contrary, and in addition to any rights or remedies afforded at law or in equity, the winner hereby releases Frontier Airlines and Portline and their respective subsidiaries, affiliates, officers, directors, stockholders, agents, employees, licensors and third party service providers from any liability whatsoever for, and waives any and all causes of action related to, any such loss, injury or personal or property damage, whether under a theory of contract, tort (including negligence), warranty or other theory. If a minor uses any item/service related to a winning bid, each minor's parents or legal guardians further agree to indemnify, defend and hold harmless Frontier Airlines and its subsidiaries, affiliates, officers, directors, stockholders, agents, employees, licensors and third party service providers from any claims, costs, injuries, losses, or damages described herein which may be suffered by such minor.
In the case of auction packages that include access to events, should all or a primary portion of the packaged events be cancelled, upon prompt written notice to and verification of the same by Frontier Airlines, Frontier Airlines may re-credit all or a portion of the applicable Miles to your EarlyReturns account. No refunds will be given if there is a postponement or time change of an event due to events beyond Frontier Airlines' or its agent's control.

5. Use of the More Store.

a. You represent and warrant that you are at least 18 years of age and have the legal authority to enter into this agreement and to use the services and meet all of the requirements for eligibility. You further agree not to allow anyone else to use the services in your name or using your account information and to safeguard the information that would allow another person to access the services in your name or using your account information. You agree to be responsible for your failure to safeguard this information and/or allowing any other person to access or use the More Store by using your personal information. Notwithstanding the generality of the foregoing, you shall be solely responsible for ensuring the confidentiality of your membership account number, user ID and password, which shall be issued for the limited purpose of participating in the More Store pursuant to the terms herein. If your user ID and/or password is lost, stolen or otherwise compromised, you shall promptly change such information. By accessing and/or using the More Store, you authorize Frontier Airlines to treat any person using such information as you (even if such person is using such information without your authorization, due to theft, mistake or otherwise), and any resulting transactions, obligations or liabilities shall be attributed to you.

b. Except as otherwise expressly permitted by Frontier Airlines, any access or attempt to access other areas of Frontier Airlines or Portline's computer systems or other information contained on the systems for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape", monitor, "mine", or copy the Web pages on the Website or the content contained therein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, including any materials subject to non-negotiable licenses such as "open source" or "freeware" software licenses (i.e., license terms requiring that such materials be disclosed or distributed in source code form, be licensed for the purpose of making derivative works, or be redistributed at no charge) or that contain a virus, cancelbot, Trojan horse, worm or other harmful components.. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the More Store infrastructure.

c. The More Store is made available for your personal, non-commercial use only and the More Store, and any instrumentality thereof, may be used for lawful purposes only. Any use of the More Store not expressly permitted in this Agreement (including any attempt to use the More Store or any instrumentality of the More Store for commercial use, advertising or solicitation) is prohibited. You shall not, and shall not permit, assist or encourage any third party to, upload, post, transmit, e-mail, re-transmit or store any material on or through the More Store or any other Frontier Airlines website which, in the sole judgment of the Company: (i) is in violation of any local, state, federal or non-United States law or regulation, including any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (ii) is unlawful, fraudulent, threatening, abusive, obscene, indecent, libelous, defamatory, pornographic, profane, or that is otherwise objectionable or could adversely affect any individual, group or entity; or (iii) violates the rights of any person, including rights protected by copyright, trade secret, trademark patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the More Store. In addition, you may only use the More Store in a manner that, in Frontier Airlines' sole judgment, is consistent with the purposes of the More Store.

d. Further, you agree that in connection with the More Store and/or this Website, you shall not (i) create a false identity or otherwise attempt to mislead any person as to the identity, source or origin of any communication, (ii) send unsolicited commercial or bulk email to any person, or (iii) otherwise interfere, disrupt or attempt to gain unauthorized access to any computer or cable system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization.
e. There may be federal, state or local tax consequences arising from your use of or participation in the More Store. The determination of, and liability for, any federal, state or local taxes, as may be applicable, arising out of the redemption of your Miles will be your sole responsibility. Further, neither Frontier Airlines nor Portline can control or warrant the behavior of other users of the More Store. You further warrant that you will comply with all applicable laws and regulations regarding the use of the More Store. You agree that auction items are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit or other items or Miles under any circumstances.
f. Neither Frontier Airlines nor Portline Inc. will be liable for bodily harm and/or property damage that may result from participating in an auction or from the use of an auction item. In the event any auction item is modified, defective, or otherwise unsatisfactory to you, you will look solely to the merchant or manufacturer of the item and not to Frontier Airlines or Portline for repair, refund or satisfaction of your claim. We are not responsible for any defective, lost, stolen, destroyed or expired auction item.

g. Frontier Airlines make no representation, warranty or guaranty as to (i) the value of any miles or bid, (ii) your ability to use or redeem any miles, or (c) the benefits, if any, associated with or arising from any miles or bid. Without limiting the foregoing, Frontier Airlines shall have no liability or obligation and shall not be responsible in any way whatsoever in the event that any miles are not honored by any third party provider of any auctioned items or services (including, if such third party ceases business operations) or if limitations or restrictions are placed on the use of any miles. In addition, Frontier Airlines shall not be responsible in any manner whatsoever should any such third party change items available for miles redemption.

6. Trademarks.

a. "Frontier Airlines" and the family of Frontier Airlines marks, logos and titles, and the EARLYRETURNS and THE MORE STORE marks, logos and titles, are registered and/or common law trade names, trademarks or service marks of Frontier Airlines or its licensors. All other products, company names or other trademarks or service marks appearing on or in connection with the Website and More Store are the property of their respective owners. Nothing contained in the Website or More Store shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on or in connection with the Website or More Store without prior written permission of Frontier Airlines or the respective mark owners.

b. Unless otherwise expressly noted, all text contained or used in connection with and describing the More Store (the "Documents"), as well as all other materials and properties, including, without limitation, the organization, design, compilation, look and feel, graphics, illustrations, artwork, video, music, images, software or other works or materials that are part of the More Store, along with the More Store itself (including, without limitation, any services provided by or on behalf of Frontier Airlines thereunder) or otherwise comprising the Website (collectively, with the Documents, hereinafter referred to as the "Property") are owned or licensed by Frontier Airlines and are protected under patent, copyright, trademark, trade dress, trade secret and/or other proprietary and intellectual property rights laws. As between Frontier Airlines and you, all right, title and interest in and to the Property will at all times remain with the Frontier Airlines and/or its licensors.

c. Frontier Airlines hereby grants you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and print one (1) single copy of the Documents for your internal, personal, and non-commercial use in learning about, evaluating, and participating in the More Store. No right, title or interest in or to any downloaded Document is transferred to you as a result of any such copying. Any other use of the Documents without Frontier Airlines' prior written consent is expressly prohibited. You agree that you will not alter or remove any copyright notice or proprietary legends and that any copy of the Documents made by you shall include Frontier Airlines' or any third party provider's copyright notice or any other notice included therein. No other permission is granted to you to print, copy, reproduce, perform, distribute, transmit, upload, download, store, publish, display in public, alter, modify, translate, create derivative works from, compile facts or information from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Property. Without limiting the foregoing, you shall not (i) use any content contained in the Property in any manner that may give a false or misleading impression, attribution or statement as to Frontier Airlines or any third party referenced therein, (ii) use the Property to develop any application or program having the same primary function as the More Store, or (iii) reverse engineer, disassemble, decompile or otherwise attempt to derive any source code or other source material for the Property, in whole or in part. Frontier Airlines' posting of any Property on any Website or otherwise does not constitute a waiver of any right in and to such Property. Except as expressly provided herein, nothing herein shall be construed as conferring any license under Frontier Airlines' and/or its licensor's intellectual property rights, whether by estoppel, implication or otherwise. All rights not expressly granted herein are reserved.

d. Frontier Airlines respects the rights of all intellectual property owners and in this regard, it has adopted and implemented a policy that provides for the suspension or termination in appropriate circumstances of users who infringe the rights of others. If you believe that your work has been used in a way that constitutes copyright or other rights infringement, please provide Frontier Airlines' Copyright Agent the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party;
v. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Frontier Airlines' Copyright Agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows: Legal Department, Frontier Airlines, Inc, 7001 Tower Road, Denver CO 80249, Telephone: 720-374-4200, Fax: 720-374-4379.

7. Breach and Termination of Rights to More Store
Frontier Airlines reserves the right to cancel any bid at any time and to prohibit or restrict access to the More Store to anyone at any time, if it determines, in its sole discretion, that you have violated the terms or spirit of this Agreement, or any other policies or documents described in this Agreement. FRONTIER AIRLINES RESERVES THE RIGHT TO TERMINATE THE MORE STORE AT ANY TIME AND FOR ANY REASON WITHOUT PRIOR NOTICE, UNLESS OTHERWISE REQUIRED BY LAW. Upon termination or cancellation of the More Store and/or your membership for any reason, except as otherwise expressly provided herein: (i) you shall have no further right to participate in the More Store; and (ii) you must promptly destroy and cease use of all Documents or other materials downloaded or otherwise obtained from the More Store and any other related Frontier Airlines website. Any provision of this Agreement that, by its nature, is intended to survive, shall survive the expiration or termination of this Agreement and/or your membership in the More Store.

8. Privacy.
Our current Privacy Policy is available at http://www.frontierairlines.com/privacyStmt.asp and is incorporated by reference and forms a part of this Agreement. The Privacy Policy describes the collection, use, and sharing of personally identifiable and other information that may be provided in connection with your use of the Website and participation in the More Store. You hereby acknowledge receipt of our Privacy Policy, which is deemed to form a part of this Agreement, and hereby expressly consent to the collection, use and disclosure of, personally identifiable and other information as described in the Privacy Policy, as it may be amended from time to time. The More Store and the servers that host the More Store are located in the United States. Any information you provide will be transferred to the United States. By participating in the More Store and submitting information in connection therewith, you authorize this transfer.

9. Exclusion of Warranties.

a. THE MORE STORE AND ANY OTHER FRONTIER AIRLINES WEBSITES OR SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS." FRONTIER AIRLINES AND EACH OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, OR QUALITY OF THE GOODS OR SERVICES. FRONTIER AND EACH OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE, THE MORE STORE, THE SERVICES, THE AWARDS OFFERED OR TRANSACTIONS CONDUCTED THROUGH THIS WEBSITE, INCLUDING, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SUBJECT MATTER.

b. FRONTIER AIRLINES AND EACH OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS MAKE NO GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE OR THE MORE STORE AND ARE NOT RESPONSIBLE FOR: ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY THEREOF; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED WITH THE WEBSITE OR THE MORE STORE; LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED BY THE WEBSITE OR THE MORE STORE; ANY CONDUCT BY USERS OF THE WEBSITE OR THE MORE STORE; OR THE INABILITY TO USE THE MORE STORE OR CONTENT PROVIDED BY THE WEBSITE; OR ANY CONTENT OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE OR THE MORE STORE. WITHOUT LIMITING THE FOREGOING, FRONTIER AIRLINES DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR MORE STORE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE. ADDITIONALLY, YOU ACKNOWLEDGE THAT THE WEBSITE AND MORE STORE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES. FRONTIER AIRLINES MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. FRONTIER AIRLINES DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR CAUSED BY ANY INTERNET OR OTHER COMMUNICATIONS FAILURES OR DELAYS OR ANY LOST, DELAYED OR CORRUPTED DATA SENT OR RECEIVED, OR NOT SENT OR RECEIVED, BY PARTICIPANTS.

c. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING DISCLAIMERS OF EXPRESS OR IMPLIED WARRANTIES, THEN FRONTIER AIRLINES HEREBY GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRONTIER AIRLINES, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

10. Limitation on Liability.

a. NEITHER FRONTIER AIRLINES NOR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS, ARE RESPONSIBLE FOR ANY: (A) TELEPHONE, COMPUTER, HARDWARE, SOFTWARE, PROGRAMMING OR INTERRUPTED OR UNAVAILABLE NETWORK, SERVER OR OTHER CONNECTIONS, NETWORK MALFUNCTION, OR OTHER TECHNICAL FAILURES OR ERRORS, OR FAILURE TO PROPERLY PROCESS BIDS; OR (B) COMMUNICATION DISRUPTION OR OTHER FORCES BEYOND THE REASONABLE CONTROL OF FRONTIER AIRLINES OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS, INCLUDING INABILITY TO ACCESS THE WEB SITE, SUBMIT BIDS OR OTHER DISRUPTION RELATED TO INTERNET TRAFFIC, VIRUS, BUG, OR UNAUTHORIZED INTERVENTION.

b. IN NO EVENT WILL FRONTIER AIRLINES OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR DAMAGES, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING LOST PROFITS) RELATING TO THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR MORE STORE, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

c. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, MORE STORE OR THE INFORMATION OR PRODUCTS OR SERVICES ACCESSIBLE THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND MORE STORE AND, IF APPLICABLE, AND IN FRONTIER AIRLINES' SOLE DISCRETION, HAVE YOUR EARLYRETURNS REWARDS MILES RETURNED. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE MORE STORE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF FRONTIER AIRLINES, ITS AFFILIATES, EMPLOYEES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

12. Indemnity.
You agree to defend, indemnify and hold harmless Frontier Airlines and its subsidiaries, affiliates, officers, directors, stockholders, agents, employees, licensors and third party service providers (collectively, the "Indemnified Parties"), from and against all third party claims, demands, suits, losses, damages, costs, awards, judgments and expenses (including the costs of investigation and defense and reasonable attorneys' fees) based on, arising out of or relating to: (a) your breach or alleged breach of this Agreement or the documents incorporated by reference; (b) injury to any person (including but not limited to death) or property, if and to the extent caused by or resulting from your negligent or intentional acts or omissions in connection with the subject matter of this Agreement; (c) your use or reliance on any item acquired through the More Store; or (d) your acts or omissions resulting in any alleged violation of any applicable law or infringement of any third party's intellectual property or other rights. You shall promptly reimburse the Indemnified Parties for any liabilities incurred in connection with any such claims. The Indemnified Parties may have their own counsel participate in the defense of any such claim, provided that the costs of such counsel shall be borne by the Indemnified Parties. You shall not enter into any settlement that purports to bind the Indemnified Parties or that would impose an unindemnified monetary obligation on the Indemnified Parties without Frontier Airlines' prior written consent, not to be unreasonably withheld or delayed.

13. Electronic Communications
You hereby consent to receive all communications from us regarding or in connection with the More Store electronically, either by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications from us regarding or in connection with the More Store that are entered into, given, made, or sent electronically satisfy any legal requirement that they be in writing. Except as otherwise expressly provided herein, any notice, request, demand or other communication required or permitted to be given or made by you pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of (i) actual receipt, irrespective of the method of delivery, (ii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service), or (iii) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed as follows:

Frontier Airlines, Inc.
Attn: More Store Coordinator
7001 Tower Road
Denver, CO 80249

with a copy to: General Counsel (same address)

14. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the More Store and your bidding on and purchase of the goods and/or services made available through the More Store.

15. No Agency.
You and Frontier Airlines are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

16. Additional Terms.

a. All Frontier Airlines EarlyReturns program terms and conditions apply. In regards to air transportation, all travel on Frontier Airlines is subject to Frontier Airlines' Contract of Carriage. Each of these policies may be changed from time to time and are effective immediately after we post the changes on our Website. In addition, when using particular services on our Website, you agree that you are subject to any posted policies or rules applicable to services you use through our Website, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

b. Notwithstanding anything herein to the contrary, you agree not to frame the Website or take other action that alters the visual presentation of the Website. You also agree not to link to the Website without prior written approval from Frontier Airlines. Any other web sites that are accessible via any link on the Website are not under the control of Frontier Airlines. Frontier Airlines is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Frontier Airlines provides the linked sites to you only as a convenience and the inclusions of any such link on the Website does not imply Frontier Airlines' endorsement of the site, the organization operating such site, or any products or services of that organization. In addition, such third party websites may contain privacy policies different than that of Frontier Airlines and your linking to any off-site pages or other sites is entirely at your own risk.

c. You are solely responsible for any dealings with third parties (including providers of the auctioned items) listed in or accessible via the Website or More Store.

d. You acknowledge and agree that any items successfully bid upon may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such items contrary to U.S. law is prohibited. You agree that none of the items, nor any direct product or service accessed or used via the Website or More Store, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

e. Frontier Airlines makes no representation that the Website, More Store and/or any items offered therein are appropriate or available for use in locations outside the United States. If you access the Website from outside the United States, be advised that the Website may contain references to products and services that are not available or that are prohibited outside the United States.

f. This Agreement shall be construed in accordance with the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of another jurisdiction other than the State of Colorado. ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE MORE STORE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. THE ARBITRATION SHALL BE HELD IN DENVER, CO. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT OF LAW AND THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRATOR SHALL DETERMINE THE ARBITRABILITY OF DISPUTES. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE.

g. The services hereunder are offered by Frontier Airlines, located at 7001 Tower Road, Denver, Colorado 80249, United States.

h. Except for the obligation of payment, neither party shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the reasonable control of, and not caused by, the non-performing party.

i. Nothing in this Agreement is intended to confer any rights or remedies on any persons other than the parties to it. This Agreement shall not be construed to relieve or discharge any obligations or liabilities of third persons, nor shall it be construed to give third persons any right of subrogation or action over against any party to this Agreement.

j. The Website and More Store are not directed at children under the age of 13. Frontier Airlines asks that parents supervise their children while online.

k. Any invalid or unenforceable provision of this Agreement will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in force and effect.

l. Frontier Airlines' failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

m. The following rules of interpretation apply to this Agreement:

i. the word "or" is not exclusive and the words "including" or "include" are not limiting;
ii. the words "hereby", "herein", "hereof", "hereunder" or other words of similar meaning refer to the entire document in which it is contained;
iii. a reference to any agreement or other contract includes permitted supplements, amendments and restatements;
iv. a reference to singular includes plural and vice-versa and each gender includes the other;
v. a reference to days, months, or years refers to calendar days, months, and years, unless business days are specified; and
vi. in the event of any ambiguities in the language hereof, there shall be no inference drawn in favor of or against either party.

n. You may not transfer or assign this Agreement or any rights or obligations hereunder, in whole or in part (and whether by contract, operation of law, or otherwise), to any other person or entity without the prior written consent of Frontier Airlines. Any such transfer or assignment without Frontier Airlines' written consent shall be null and void. Frontier Airlines may transfer or assign this Agreement and/or any rights or obligations hereunder, in whole or in part, or the More Store, to any person or entity without your consent.

o. This Agreement and the documents incorporated herein by reference represent the entire agreement of the parties regarding the subject matter hereof, and supersede any prior or contemporaneous understandings, whether written or oral. This Agreement, the documents incorporated herein by reference, and any information posted on any Frontier Airlines website or otherwise provided to you by Frontier Airlines shall be construed as consistent with one another whenever possible; provided, however, that in the event of any conflict between any of the terms and conditions of this Agreement and the documents incorporated herein by reference, on the one hand, and any information posted on any Frontier Airlines website or otherwise provided to you by Frontier Airlines, on the other hand, this Agreement shall prevail. A printed version of this Agreement and of any acceptance given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

p. If you have further questions regarding the More Store, please call 1-800-432-0403 and a Frontier Airlines customer service representative will assist you.