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