IMPORTANT– READ CAREFULLY: These Terms of Use (“Terms”) are a legally binding agreement between you (“You” or “User”) and JetSuite, LLC, (“JetSuite” or “We”), for the use of this Internet website (the “Website”).  Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by JetSuite and all applicable laws and regulations. BY ACCESSING OR USING THIS WEBSITE, USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

1. General

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

a. 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

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.

g. User agrees that, while using this Website, User will not:  (A) transmit or post on this Website any message under a false name; (B) transmit or post on this Website any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise under any applicable law; (C) transmit or post on this Website any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information that would violate a person’s rights of privacy or publicity; (D) transmit or post on this Website any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (E) transmit or post on this Website any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or other proprietary information, or use of trademarks or service marks in an infringing fashion; (F) interfere, in any way, with other use of or access to this Website; (G) offer for sale or sell illegal merchandise, including counterfeit merchandise or merchandise or services that violate or infringe upon the patent rights, copyrights, trade secrets, trademarks or other intellectual property rights or other rights of any person or entity; or (H) modify, delete or alter any information provided by or on behalf of any other User.

h. User agrees to comply with all applicable laws, statutes and regulations regarding use of this Website, including ordering and/or purchasing merchandise and services.  JetSuite may report fraudulent conduct to law enforcement authorities, and JetSuite will cooperate with such authorities.  JetSuite reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement or regulatory officials.  In order to cooperate with governmental requests, to protect JetSuite’s systems and customers, or to ensure the integrity and operation of JetSuite’s business and systems, JetSuite may access and disclose any information it considers necessary or appropriate, including, without limitation, User contact details, IP addressing and traffic information, usage history and posted content.  User agrees to comply with all local rules regarding online conduct and acceptable content.  User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.

4. Confidentiality

JetSuite holds the confidentiality of its Users in the highest regard and will take all commercially reasonable measures not to disclose information about User or User’s communications to any other party, except when JetSuite believes, in good faith, that such action is reasonably necessary to:  (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of JetSuite or others.  Notwithstanding the foregoing, User agrees that any information or materials that User or individuals acting on User’s behalf provide to JetSuite will not be considered confidential or proprietary.  By providing any such information or materials to JetSuite, User grants to JetSuite an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials.  User further agrees that JetSuite is free to use any ideas, concepts or know-how that User, or individuals acting on User’s behalf, provides to JetSuite.  User hereby agrees that any comments, feedback or recommendations of User for the improvement or modification of this Website or the merchandise or services advertised herein shall be the sole property of JetSuite.

5. Privacy Policy

Registration data, and certain other information about User, is subject to JetSuite’s Privacy Policy.  JetSuite does not sell, rent, or give personally identifiable information about Users to third parties, except as specified in these Terms or in its Privacy Policy. User must disclose certain Personally Identifiable Information to use certain functions of this Website.  As a condition of registering with this Website, User represents that User has first read JetSuite’s Privacy Policy and consents to the collection, use and disclosure of User’s Personally Identifiable Information and Non-Personally Identifiable Information as described in JetSuite’s Privacy Policy. JetSuite’s Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing this Website, or using any features, User agrees that User will first review JetSuite’s Privacy Policy.

6.

While JetSuite takes reasonable steps to safeguard and to prevent unauthorized access to User’s personal information, JetSuite cannot be responsible for the acts of those who gain unauthorized access, and JetSuite makes no warranty, express, implied, or otherwise, that JetSuite will prevent unauthorized access to User’s private information. IN NO EVENT SHALL JETSUITE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO USER’S PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER JETSUITE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

7. Website Content

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.

11. Indemnification

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.

12. Miscellaneous

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.

g. No right or remedy conferred upon or reserved to JetSuite by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon JetSuite by these Terms and by law shall be cumulative and in addition to any other right or remedy available to JetSuite.

 

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