IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
a. This Website provides information about JetSuite and its services. All services advertised on this Website are available for delivery only within the United States, Mexico and Canada. Use of this Website is limited to legitimate purposes. JetSuite may, from time to time, introduce new features to this Website or modify or delete existing features in its sole discretion. JetSuite shall notify User of any of these changes to features to the extent JetSuite is required by law to do so. By using any new or modified features when they become available, User agrees to be bound by these Terms concerning such features.
b. Comparative rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Pricing quotes are not updated every day. The information supplied by this Website is believed to be accurate, but JetSuite does not warrant or guarantee such accuracy. When using this information for any financial decision, we advise you to independently verify the accuracy of the comparative rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of the information contained herein for commercial purposes. All prices for services on this Website are quoted in U.S. currency, are valid and effective only in the United States, and are subject to change at any time without notice. Price comparisons made on this Website highlight the relative savings amounts of the pricing reflected herein, with the Price Quotes being the price obtained by JetSuite from sources believed to be reliable. JetSuite makes no representation or warranty that JetSuite’s price is the lowest price available to User for services, or that any services have been provided at the stated rates.
c. Any access or attempted access of other areas of JetSuite’s computer systems or other information contained therein for any purposes is strictly prohibited. User agrees not to interfere in any way with others’ use of or access to this Website or take any action that imposes an unreasonable or unusually large load on this Website. JetSuite reserves the right to report any activity that it reasonably suspects violates any law or regulation and disclose any information to law enforcement officials, regulators, or other appropriate third parties.
d. JetSuite has the right in its sole discretion and without prior notice and from time to time, to modify these Terms with respect to access to or use of this Website. Such modifications and additions shall be effective immediately upon posting the modified Terms to this Website, which posting shall be deemed notice to User. If User disagrees with the changes to these Terms, User should discontinue User’s use of this Website. Any access to or use of this Website after posting of modifications or additions to these Terms shall constitute and be deemed to be such User’s agreement to such modified Terms.
e. JetSuite has the right to modify or discontinue, temporarily or permanently, this Website, any services advertised by JetSuite through this Website, or any User’s right to access or use any portion of this Website, in JetSuite’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by User to gain unauthorized access to this Website or assist others attempting to do so, (2) User disabling any security features on this Website, (3) User’s violation of these Terms, (4) failure of User to pay for services advertised herein or any related charges, (5) suspected or actual infringement of a third party’s intellectual property rights, or (6) requests by law enforcement or other government agencies. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. USER ACKNOWLEDGES AND AGREES THAT JETSUITE SHALL NOT BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS WEBSITE OR ANY SERVICES ADVERTISED ON THIS WEBSITE.
2. Orders for Services.
To order any services advertised herein, User needs to contact a JetSuite representative directly by phone at (866) - 779 - 7770. Services availability is subject to change at any time. JetSuite makes no representations or warranties regarding the availability of services in all areas. JetSuite shall have the right to refuse or cancel any orders for merchandise and/or services listed at an incorrect price or rebate amount, or containing any other incorrect information or typographical errors. JETSUITE RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE ITS ORDERING AND BILLING PROCEDURES EFFECTIVE UPON POSTING ON THIS WEBSITE.
3. Website Use
a. Users who wish to obtain additional information regarding certain services using this Website may be required to register on this Website by completing and executing a Registration Agreement (“Registration Agreement”). JetSuite may accept or reject any Registration Agreement in its sole discretion. User represents and warrants that the information provided when registering is accurate, complete and current as of the date submitted and that User will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Agreement. Although Users are not required to register, if User does not register, User will be required to accept these Terms each time User wishes to access this Website. As part of the registration process, User will select a user name (“User Name”) and a password (“Password”) to access the User Name. User’s User Name and Password are User’s credentials to access this Website. User may not have a User Name that is vulgar, attempts to impersonate another person, or violates the rights of others. JetSuite also may reject any User Name that JetSuite determines in its discretion is unacceptable for use on this Website. User is solely responsible for all use of this Website under its User Name and Password and for maintaining the confidentiality of its User Names and Passwords and will (i) promptly notify JetSuite of any actual or suspected unauthorized use of this Website and (ii) ensure that User exits from User’s account at the end of each session.
b. JetSuite cannot and will not be liable for any loss or damage arising from User’s failure to comply with User’s obligations hereunder. JetSuite reserves the right to suspend or terminate any User’s use of this Website upon notice to User that it reasonably determines may have been used for an unauthorized purpose. JetSuite will not be liable for any damage, injury or other such loss that the User incurs by failing to maintain the confidentiality of the User Name or Password or by otherwise failing to comply with these Terms.
c. By establishing a User Name with JetSuite, and each time User accesses this Website, User authorizes JetSuite to contact User at User’s e-mail address. User may stop receiving JetSuite’s marketing e-mails by sending an e-mail to JetSuite at opt-out@JetSuite.com or following the opt-out procedures set forth in such emails.
d. User is solely responsible for maintaining the security of its User Name and Password. User may not disclose its User Name or Password to any third party and is solely responsible for any use of or action taken under its User Name and Password on this Website. User is responsible for changing its User Name and Password if either is compromised. User agrees that JetSuite, in its sole discretion, may terminate User’s Password or User Name or use of this Website for any reason, including, without limitation, for lack of use, or if JetSuite believes that User has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of User’s Password or User Name or use of this Website may be effected without prior notice and acknowledges and agrees that JetSuite may immediately deactivate or delete User’s account and all related information and files and/or bar any further access to such information and files. User agrees that JetSuite shall not be liable to User or any third party for any termination of User’s access, as provided herein.
e. JetSuite may, at its option, change the parameters for passwords used to access this Website without prior notice to User. If JetSuite does so, User will be prompted, and be required, to change its Password the next time User accesses this Website under the User Name. To prevent unauthorized access to User accounts and to prevent unauthorized use of this Website, User agrees to protect and keep confidential its User Name, Password, or other means of accessing User accounts on this Website. If User discloses User’s User Name and/or Passwords to any person(s) or entity, User assumes all risks and losses associated with such disclosure. If User permits any other person(s) or entity to use this Website with User’s User Name, Passwords, or other means to access User accounts, User is responsible for any transactions and activities performed from User accounts and for any use of User personal and account information by such person(s) or entity.
f. User may use the records, documents and information obtained through this Website only as necessary to use this Website’s services. Without limiting the foregoing or expanding any User rights hereunder, User agrees that it will not (A) republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of this Website (other than the ordering of merchandise in accordance with these Terms) or any of the information available through this Website; (B) make any use of any such information or the facilities of JetSuite that would allow an unauthorized third party to have access to or the benefits of this Website; (C) collect or use other users’ e-mail addresses or other users’ information, ratings or listings, or otherwise conduct any data extraction or data mining whatsoever.
7. Website Content
a. The information and materials posted on this Website by JetSuite or any other party may contain errors, omissions, or typographical errors or may be out of date. JetSuite may change, delete, or update any information or materials posted by JetSuite at any time, from time to time, without prior notice. The information and materials posted on this Website by JetSuite are provided for informational purposes only and are not binding on JetSuite in any way except as otherwise expressly agreed to in writing by JetSuite.
b. User understands that certain merchandise, services and information advertised on or through this Website (other than merchandise, services and information clearly identified as being supplied directly by JetSuite) are provided by third parties that are not affiliated with or under the control of JetSuite. JetSuite does not operate, control, endorse, guaranty, represent or warrant in any way any merchandise, services or information offered or provided by such third parties on or accessed through this Website.
c. Links and references on this Website to other Internet websites operated by third parties, if any, including JetSuite’s corporate partners, do not constitute sponsorship, endorsement, or approval by JetSuite of the content, policies, or practices of such linked or referenced websites. Linked and referenced websites are not operated, controlled, or maintained by JetSuite, and JetSuite is not responsible for the availability, content, policies, or practices of linked or referenced websites. Links and references to other websites are provided for User’s convenience only, and User accesses them at User’s own risk.
d. JetSuite is not liable for content that is provided by others. JetSuite cannot and does not screen the content provided by users of this Website. Notwithstanding the foregoing, JetSuite reserves the right to monitor content on this Website and to remove content that JetSuite, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of applicable law, these Terms or the spirit of this Website. JetSuite is not responsible for any failure or delay in removing such material. JetSuite is not responsible for content made available on the Internet.
8. DISCLAIMER OF WARRANTY. USER UNDERSTANDS AND AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK AND THAT THIS WEBSITE AND ALL INFORMATION, SERVICES, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, SERVICES, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN “AS IS”, “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO USER. TO THE FULLEST EXTENT PERMITTED BY LAW, JETSUITE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THIS WEBSITE AND ALL INFORMATION, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE. NO LICENSE TO USER IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) JETSUITE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE INFORMATION, MATERIALS, RECORDS OR DOCUMENTS FROM WHATEVER SOURCE, POSTED ON OR REFERRED TO IN THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENT, ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION, MATERIALS, RECORDS OR DOCUMENTS; (II) JETSUITE DOES NOT WARRANT OR REPRESENT THAT USER’S ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER INTERNET WEBSITE IS, OR THE RECORDS, DOCUMENTS, SOFTWARE OR FILES FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (III) JETSUITE DOES NOT REPRESENT OR WARRANT THAT ANY MERCHANDISE OR SERVICES LISTED ON, OR ACCESSED THROUGH, THIS WEBSITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN BY THE LISTING VENDOR AT ANY TIME, AND IT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH MERCHANDISE OR SERVICES; AND (IV) JETSUITE DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS OR ANY OTHER ASPECT OF INFORMATION OR SERVICES FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. 9. LIMITATION ON LIABILITY
a. UNDER NO CIRCUMSTANCES WILL JETSUITE BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF JETSUITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER’S ONLY REMEDY FOR ANY USE OF OR DISSATISFACTION WITH THIS WEBSITE OR JETSUITE SHALL BE TO DISCONTINUE USE OF THIS WEBSITE.
b. IF A DISPUTE ARISES BETWEEN TWO OR MORE USERS, OR BETWEEN A USER AND A THIRD-PARTY VENDOR, EACH USER RELEASES JETSUITE (AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
10. Trademarks and Copyrights.
Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on this Website are owned by JetSuite or by third parties that have licensed their use to JetSuite. User may print copies of the content of this Website, provided that these copies are made only for internal use, and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Website content, except as specifically permitted in these Terms or in a writing signed by JetSuite, is strictly prohibited. Elements of this Website are protected by trade dress, trademark, unfair competition and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Website.
User agrees to defend, indemnify and hold harmless JetSuite, its corporate affiliates and partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys’ fees and court costs), arising out of or relating to User’s breach of these Terms or User’s access to or use of this Website. The foregoing indemnification obligation shall survive termination of these Terms and this Website and any merchandise or service provided to User arising out of or relating to User’s use of this Website.
a. These Terms, together with any agreement into which these Terms are incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations.
b. These Terms may be waived only in writing signed by an authorized representative of JetSuite. No waiver by JetSuite of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right that may be exercised at any subsequent time.
c. If any provision hereunder shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder.
d. JetSuite shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or Order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
e. Access to or use of this Website by User shall not be construed as JetSuite’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of California. User’s agreement to these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts or choice of laws principles. In any dispute arising hereunder or otherwise connected with this Website or these Terms, the parties hereto consent exclusively to personal jurisdiction in the United States District Court of California, or if that court lacks subject matter jurisdiction, in the courts of the State of California, County of Los Angeles.
f. These Terms shall be binding on the successors and assigns of the parties, including, but not limited to, the indemnity obligations set forth herein, but User may not assign, transfer or delegate its rights or obligations under these Terms without JetSuite’s prior express written consent.
WHAT PERSONAL INFORMATION DO WE GATHER?
When you visit this Website, you may provide JetSuite with two types of information: personal information you knowingly and voluntarily choose to disclose, and information that we automatically collect as you browse this Website. Information You Voluntarily Submit. We collect and store any information you enter on this Website, or provide to JetSuite in other contacts we have with you. Information is collected from visitors to this Website, including in the areas described below, as applicable. You may change any of your personally identifiable information in your account online at any time. You may request to have the information on your account deleted or removed, although you cannot delete information associated with past purchases. Website Registration - We collect IP addresses for the purposes of system administration, to gather broad demographic information, to enable ads to be served on this Website, to report non-personally identifiable information to our advertisers, and to monitor the level of activity on this Website. We collect information from visitors to this Website regarding the URLs they visited, their IP addresses, domain types, the browser type used to come to this Website, the country, state and telephone area code where their servers are located, the pages of this Website that visitors viewed during their visit, the duration of their visit, and any search terms entered on this Website. Employment Applications – The Careers section of this Website may allow you to submit information related to job opportunities with JetSuite. Please note that your submission of such information may be further governed by specific provisions that appear on any applicable employment opportunities sections of this Website. Online Surveys - In order to improve our services to you, we ask some of our customers to voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential, although non-personally identifiable information is collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked. Contests and Sweepstakes - When you enter a contest or other promotion, we may ask you for contact information such as your name, birthday, phone number, mailing address and e-mail address in order to administer the contest, to send you promotional e-mails, notify winners and make the winners’ list publicly available pursuant to certain states’ laws. Your consent to such promotional use and disclosure of this information is a condition of your participation. As a condition of receiving any prize, you will be required to submit an eligibility affidavit, for JetSuite to ensure that you are eligible to receive the prize according to the contest rules. Contact Information - If you contact JetSuite’s customer service representatives by telephone, e-mail or letter, we may keep a record of your correspondence or comments. If you report a problem with this Website, we may collect such information in a file specific to you. If you contact JetSuite through our feedback area or by calling one of our customer service representatives, we may ask for your name, phone number and e-mail address in order to send you a reply. If other users or third parties send JetSuite correspondence about your activities on this Website, we may keep the information in a file specific to you. In the event we use a third party to help us provide customer service, we will provide them with your contact information. Advertising - We may display advertisements on this Website in the form of targeted banners and promotions. JetSuite takes the advertisement and includes it in an JetSuite e-mail to prior customers meeting certain criteria. We may also display ads linked to certain search terms that you have entered, or to certain pages that you are viewing. In this process, advertisers never have access to individual account information; only JetSuite has access to individual’s accounts. Additionally, JetSuite may share aggregated data with advertisers. Newsletters - We offer free newsletters and promotional e-mails as a service to our customers. We will send you newsletters and e-mails periodically listing current specials and deals. To stop receiving our newsletter, send an e-mail to us at opt-out@JetSuite.com or follow the opt-out procedures set forth in such newsletters or e-mails. Information Collected and Stored Automatically. When you browse this Website, you and your Web browser may also transmit information that we automatically collect. We do log your IP address (the Internet address of your computer), the Web pages you visit and the time of your visit, and other click-stream data. This information may be combined with other personal information you have provided. The only other type of information automatically provided to JetSuite is the type of computer, operating system and browser you are using. This information is provided by your browser, which we use to improve the performance of this Website and make it more compatible with the technology used by the visitors of this Website. We may also place small data files, called “cookies,” in the browser file of your computer’s hard drive. These cookies automatically identify your browser to our server whenever you interact with this Website. We use the cookies to record Website statistics. Most browsers automatically accept the cookies, but you usually can change your browser setting to prevent the acceptance of cookies. Certain Web pages will not function properly if you choose not to accept cookies.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use your personal information to communicate with you if and when necessary in connection with your use of this Website, to respond to your questions, or to send you material and information you request. We may also use your personal information to: Personalize your Website experience and to allow JetSuite to deliver the type of content and product information in which you are most interested; Consider your suggestions; Possibly respond directly to you for clarification of questions raised; Process your request for materials or information; Try to answer any questions you may have; Register you for an event, contest or sweepstakes, if you request it; Provide you with e-mail messages and other information regarding upcoming events, new services and general information about our products and services and those of our select business partners. You may elect not to receive these communications, either when you initially register at this Website, or at any time thereafter. See the section of this Privacy Statement below titled “CHOICE/OPT OUT”. We may also use collected information in order to help diagnose problems with this Website. We may use all information we collect to analyze statistical use patterns and demographic data (basically, where our visitors come from and what demographic characteristics they have) and to improve this Website to better serve our customers. We use your IP address to help diagnose problems with our servers, and to administer this Website. Your IP address is used to help identify you and to gather broad demographic information. We may also prepare and keep statistical records and other data about you and other users of this Website, but we do that in a way that does not identify you or any other user personally. We may hire third parties to help JetSuite collect and analyze such data, and we may share such statistical data with third parties. Again, such statistical data will not specifically identify you or any other user. We use this information to help us make this Website more useful to visitors -- to learn about the number of visitors to this Website, what part of this Website they are interested in, how long they use this Website, and the types of technology our visitors use.
DISCLOSING YOUR PERSONAL INFORMATION TO OTHERS
This Website provides users the opportunity to opt-out of receiving communications from JetSuite at the point where we request information about the visitor. You have the option of reviewing or removing your information from our database, and to no longer receive communication from us. If you request your account information be deleted from our database, we may maintain information about individual sales transactions for the purpose of recordkeeping and servicing.
You can send your request via e-mail to opt-out@JetSuite.com, or by mail to the following
Postal address: JetSuite, LLC
18952 MacArthur Blvd, Suite 200
Irvine, CA 92612
Attn: Sara DeLowe
Please note that due to e-mail production schedules, you may receive an e-mail message from JetSuite after you have provided your opt-out notice.