1.
Terms
Taxijet provides an information portal on the global
communications network (the Internet®) which includes postings of
information relating to aircraft charters, jet, turboprop and other
aircraft; it principally serves as a site where air taxi and charter
operators post information regarding available flights, offer
quotes/estimates for flights and make the necessary contacts to
enter into arrangements to provide flights for persons desiring
flights and/or aviation services (the “End User” or
“Charterer”). Taxijet provides this service (the
“Service”) subject to the following Terms Of Use (“Terms”); by using
the Service in any way, you are agreeing to comply with these Terms.
In addition, when using Taxijet Services, you agree to abide by any
applicable posted guidelines or requirements of Taxijet, which may
change from time to time.
Should you object to any term or condition of these Terms or
any modification hereof or become dissatisfied with Taxijet in any
way, your only recourse is to discontinue use of Taxijet.
2.
Modifications
Taxijet reserves the right to change, modify, or alter these
Terms at any time. Such modifications shall become effective
immediately upon the posting thereof. You agree that you must review
this agreement on a regular basis to keep yourself apprised of any
changes. The most recent version of Taxijet’s Terms are at:
http://www.taxijet.info/AgreementbetweenTaxijetandCharterer.html
3.
Content
You
understand that all postings or other materials ("Content") posted
on, transmitted through, or linked from the Service are the sole
responsibility of the person or entity from whom such Content
originated. You are entirely responsible for all Content that you
post, email or otherwise make available via the Service. You
understand that Taxijet does not control, and is not responsible for
Content made available through the Service, and that by using the
Service, you may be exposed to Content that is inaccurate or
objectionable. The Taxijet website and Content available through the
Service may contain links to other websites, which are completely
independent of Taxijet, which makes no representation or warranty as
to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to and/or use of any other
websites is at your own risk. You agree that you must evaluate and
bear all risks associated with, the use of any Content, that you may
not rely on said Content, and that Taxijet is not liable in any way
for any Content or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise made
available via the Service. You acknowledge that Taxijet does not
pre-screen or approve Content, but that Taxijet shall have the right
but not the obligation to refuse or delete any Content that is
available via the Service, for violation of these Terms or for any
reason.
4.
No Aircraft Operation; Third Party Content and Transactional
Relationships With Third Parties
Taxijet does not own or operate aircraft. The Taxijet site
and Content available through the Service may contain features that
may link you or provide you with access to third party content which
is completely independent of Taxijet, including web sites,
directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the
Internet® as a
whole.
Your
interactions with individuals and/or business entities found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such organizations and/or individuals. You should make
whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties. You understand and agree that Taxijet is not
providing air charter or other services; Taxijet only provides the
website wherein air charter operators may make arrangements with End
Users and, as such, provides the computer portal service and
assistance in obtaining quotations only. You agree that Taxijet
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings with you. If there
is a dispute between participants on this site, or between users or
End Users and any third party, you understand and agree that Taxijet
is under no obligation to become involved. In the event that you
have a dispute with one or more other users, you hereby release
Taxijet, its officers, employees, agents and successors in rights
from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to
such disputes and/or our service. If you are a California resident,
you waive California Civil Code Section 1542, which says: "A general
release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the
release, which, if known by him must have materially affected his
settlement with the debtor."
5.
Privacy and Disclosure
Taxijet’s Privacy Policy is located at:
http://www.taxijet.info/PrivacyPolicy.html
Your
use of the Taxijet website and/or the Service signifies
acknowledgement of and agreement to Taxijet’s Privacy Policy. You
further acknowledge and agree that Taxijet may, in its sole
discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law, by any act
under color of authority, or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with
legal process, enforce these Terms, respond to claims that any
Content violates the rights of third-parties, respond to claims that
contact information
(e.g. phone number, street address) of a third-party has been posted
or transmitted without their consent, protect the rights, property
or safety of Taxijet, its users or the public, or for any other
reason Taxijet deems reasonably necessary to protect its
interests.
6.
Conduct
You
agree not to post, email, or otherwise make available
Content:
a)
that violates any law including, but not limited to that body
of law commonly referred to as the Federal Aviation Regulations (14
C.F.R. et seq.)
b)
that is in any part false, misleading, deceptive or
constitutes any part or whole of a “bait and switch”
scheme
c)
that impersonates any person or entity, including, but not
limited to, a Taxijet employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity
d)
that includes personal or identifying information about any
aircraft without the express consent of the registered owner of said
aircraft
e)
that includes personal or identifying information about
another person without that person's express consent
f)
that harasses, intimidates or is hateful to any person or
group of persons on the basis of race, religion, age, ethnicity,
disability or sexual orientation
g)
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, or Content that you do not
have a right to make available under any law or under contractual
relationship
h)
that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement
i)
that constitutes or contains any form of advertising or
solicitation posted in areas of the Taxijet sites which are not
designated for such purposes or emailed to Taxijet users who have
not expressly agreed to be contacted regarding such services,
products or commercial interests.
j)
that includes links to commercial services or web sites,
except as allowed in "Services"
k)
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
l)
that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.
You
also agree not to:
m)
contact anyone who has asked not to be contacted;
n)
"stalk" or otherwise harass anyone;
o)
collect personal data about other users for commercial or
unlawful purposes, except as expressly agreed or requested by the
party whose information you collect
p)
attempt to gain unauthorized access to Taxijet's computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Service or the Taxijet website
q)
use any form of automated device or computer program that
enables the submission of postings on Taxijet without each posting
being manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such
automated posting device to submit mail or postings in bulk or at
regular intervals.
8.
Prohibition Regarding SPAM
You
understand and agree that sending unsolicited email advertisements
to Taxijet email addresses or through Taxijet computer systems,
which is expressly prohibited by these Terms, will use or cause to
be used servers located in California. Any unauthorized use of
Taxijet computer systems is a violation of these Terms and certain
federal and state laws, including without limitation the Computer
Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the
California Penal Code and Section 17538.45 of the California
Business and Professions Code.
Such violations may subject the sender and his or her agents
to civil and criminal penalties.
9.
Limitations
You
agree Taxijet may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored by the
Service, and the frequency with which you may access the Service.
You agree that Taxijet has no responsibility or liability for the
deletion or failure to store any Content maintained or transmitted
by the Service, for accidental deletions, or for deletions or
corruption of data not caused by it. You acknowledge that Taxijet
reserves the right at any time to modify or discontinue the Service
(or any part thereof) with or without notice, and that
Taxijet
shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
10.
Access To Taxijet
Taxijet grants you a limited, revocable, nonexclusive license
to access the Service. This license does not include any collection,
duplication, display or derivative use of the Service or any of its
Content, or use of data mining, robots, spiders, or similar data
gathering tools for any purpose unless expressly permitted by
Taxijet. A limited exception is provided to general purpose
Internet® search engines; these restrictions do not apply to the
internet search engines commonly employed to display URLs and
limited data when searching using particular search terms.
Use of
the Service beyond the scope of authorized access granted to you by
Taxijet immediately terminates said permission or license. In order to collect,
aggregate, display or make derivative use of the the Service or any
Content made available via the Service for other purposes not stated
herein, you must first
obtain
a license from Taxijet.
11.
Termination of Service
You
agree that Taxijet has the right but not obligation) to delete or
deactivate your account, user ID, block your email or IP address, or
otherwise terminate your access to or use of the Service (or
any
part
thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without
limitation, if Taxijet believes that you have acted inconsistently
with the letter or spirit of the Terms or for any other reason
permissible at law. Further, you agree that Taxijet shall not be
liable to you or any third-party for any termination or denial of
your access to the Service. You agree not to attempt to use the
Service after such termination.
12.
Property Rights
Taxijet, its Service and Content are protected to the maximum
extent permitted by law. Content displayed on or through the Service
is protected by copyright as a collective work or compilation.
Reproduction, modification, creation of derivative works from or
redistribution of the Taxijet sites or any portion thereof to any
other server is prohibited without the express written consent of
Taxijet. You agree not to reproduce, duplicate or copy Content from
the Service without the express written consent of Taxijet, and
agree to abide by any and all copyright and other notices available
on or displayed by the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any aspect of the Service.
TAXIJET is a servicemark protected by U.S. law.
Although Taxijet does not claim ownership of Content that its
users post, by posting Content to any area of the Service, you
represent and warrant that you have the right to grant and thereby
grant to Taxijet an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, display, and distribute said Content
and and authorize sublicenses of the foregoing. Furthermore, by
posting Content to or on the Service, you automatically grant
Taxijet all rights necessary to prohibit any subsequent aggregation,
display, copying, reproduction, or use of the Content on the Service
by any party for any purpose.
13. No
Warranties
YOU
AGREE THAT USE OF THE TAXIJET SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE TAXIJET SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, TAXIJET DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TAXIJET
SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, TAXIJET DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE TAXIJET SITE OR THE SITES OR SERVICE, OR ACCESSED
THROUGH ANY LINKS ON THE TAXIJET SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, TAXIJET DISCLAIMS ANY WARRANTIES FOR VIRUSES OR
OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TAXIJET SITE OR THE
SERVICE.
Some
jurisdictions do not allow the disclaimer of implied
warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to
you in whole or in part.
14. No
Liability
UNDER
NO CIRCUMSTANCES SHALL TAXIJET BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RESULTING
FROM ANY ASPECT OF YOUR USE OF THE TAXIJET SITE OR THE SERVICE,
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TAXIJET SITE OR
THE SERVICE, FROM INABILITY TO USE THE TAXIJET SITE OR THE SERVICE,
OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE TAXIJET SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES
OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
TAXIJET SITE OR THE SERVICE OR ANY LINKS ON THE TAXIJET SITE, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE TAXIJET SITE OR THE SERVICE OR ANY
LINKS ON THE TAXIJET SITE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW.
Some
jurisdictions do not allow a disclaimer of liability. In such
jurisdictions, some of the foregoing disclaimer may not apply to you
in whole or in part.
15.
Indemnification
You
agree to indemnify and hold Taxijet, its agents, affiliates,
assigns, directors, officers, subsidiaries, successors, assigns,
directors, officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by you, any third party or other
person or entity because or arising (in whole or in part) from the
Content you submit, post or make available through the Service, your
use of the Service, your violation of the Terms, your breach of any
of the representations and warranties herein, or your violation of
any rights of another. You agree that the foregoing indemnity shall
be made to the fullest extent permitted by law.
17.
TOS Violations and Damages
You
understand and agree that, because damages are often difficult to
quantify, if Taxijet deems it appropriate to engage counsel to
contact you to enforce these Terms, or if it becomes necessary for
Taxijet to pursue any legal action relating to you or your use of
Taxjiet or these Terms, you agree that you are liable and stipulate
to pay Taxijet’s attorney’s fees for addressing such matter plus the
following amounts as liquidated damages, which you agree are
reasonable estimates of Taxijets' damages for the specified breaches
of these Terms:
a. If
you post a message that (1) impersonates any person or entity; (2)
falsely states or misrepresents your affiliation with a person or
entity or aircraft; or (3) includes personal or identifying
information about another person or aircraft without that person's
or the aircraft’s registered owner’s explicit consent, you agree to
pay Taxijet one thousand dollars ($1,000) for each such
message.
c. If
you send unsolicited email advertisements to Taxijet email addresses
or through Taxijet computer systems, you agree to pay Taxijet one
hundred dollars ($100) for each such offending email.
d. If
you post messages in violation of these Terms of Use, other than as
described above, you agree to pay Taxijet one hundred dollars ($100)
for each such message.
e. If
you compile, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose not permitted by these Terms any Content
without Taxijet's express written permission, you agree to pay
Taxijet two thousand dollars ($2,000) for each day on which you
engage in such conduct.
Otherwise, you agree to pay Taxijet's actual damages, to the
extent such actual damages can be reasonably calculated.
Notwithstanding the foregoing, Taxijet reserves the right to seek
all available equitable and/or legal remedies, and/or or an
injunction against the breach of any such term or in aid of the
exercise of any power granted in these Terms, or any combination
thereof, in additional to such exemplary, punitive or special
damages as may be permitted by law.
16.
Miscellaneous
The
Terms constitute an agreement between you and Taxijet and govern
your use of the Service, superceding any prior agreements. The Terms
and the relationship between you and Taxijet shall be governed by
the laws of the State of California without regard to its conflict
of law provisions. You and Taxijet agree to submit to the personal
and exclusive jurisdiction of the courts located within the county
of Orange, California. The failure of Taxijet to exercise or enforce
any right or provision of the Terms shall not constitute a waiver of
such right or provision.
If any
part or provision of this document shall be deemed invalid or
unenforceable under California law or other applicable law, the
parties agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision and to the extent
permissible, and the other provisions of the Terms remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
To the
fullest extent permitted by the laws of the United States and of the
State of California, the Parties waive trial by jury in any action,
proceeding, claim or counterclaim brought by either party, whether
sounding in contract or tort, at law or in equity, in connection
with this Agreement or the Aircraft and each party agrees it shall
not hereafter seek to assert any constitutional right to trial by
jury in contravention of this provision.
The
captions and numbering provided in these Terms are for reference
only and of no legal effect. References to the singular shall
include the plural, as necessary; references to the masculine gender
shall be deemed to include the feminine and neuter genders, as
appropriate.
All
notices to Taxijet shall be in writing, addressed to the Party at
the addresses set forth hereafter, or to such other address as may
be designated from time to time hereafter by such Party. All notices
shall be delivered (i) in person, or (ii) by certified, first class
mail, postage prepaid, return receipt requested; notice delivered by
any of the foregoing methods shall be deemed effective at the time
delivered.
File:
TermsofUseCharterer-021408
