PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES PROVIDED BY BUSINESS CHARTER JETS.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS AND CONDITIONS, THEN YOU CANNOT USE THE SERVICES.
1.1 Agreement. This Terms of Service (the "Agreement" or "Terms") constitutes a binding agreement between Track5 Media, LLC and its affiliates and subsidiaries (collectively, "Company", "we", "us" or "our"), and users ("you" or "your"). The Agreement governs all information, data, graphics, content, software applications, downloadable or otherwise, or other Company services provided on or through its websites, which include but are not limited to www.businesscharterjets.com and www.track5media.com (the "Sites"), and your use of and access to our services offered on the Sites (collectively, the "Services").
1.3 Amendment. We reserve the right to modify or replace these Terms at any time in our sole discretion. Any changes will be effective upon posting the revised version of these Terms on the Services (or such later effective date as may be indicated at the top of the revised Terms). Your continued access or use of any portion of the Services constitutes your acceptance of such changes.
2.1 Must be 18 years old. You may not access the Services if you are under the age of 18 years. You represent and warrant that you are at least 18 years of age, and, are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
2.2 Consent to Electronic Communications. You agree that the Services may include certain communications such as service announcements or administrative messages, and that these communications are considered part of your Services and you will not be able to opt-out of receiving them. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.3 Consent for Promotions; Opt-out. Company may also send you promotional offers and news about Company, the Services, which you can opt-out from receiving by following the instructions on the promotional messages or by emailing us at email.
2.4 Limitations on Use.
(a) You agree to use the Services only for lawful purposes and for their intended purposes.
(b) The Content available on the Services is provided solely for your personal use and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Services. You may not use any network monitoring or discovery software to determine the Services' architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Services without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Services, except to the extent permitted above.
(c) You may not use or otherwise export or re-export the Services or any portion thereof, or any software available on or through the Services in violation of the export control laws and regulations of the United States of America.
(d) You may not take any action or upload any content that violates, misappropriates or infringes upon the rights of others in any way, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party.
(e) You may not use the Services to collect any personally identifiable information, including profile names, email addresses or other such information for commercial purposes or for any purpose prohibited by applicable laws or regulations.
(f) You may not use this Service in any jurisdiction that does not give effect to all provisions of this Agreement.
(g) You may not use the Services in any manner that could damage, disable, overburden or impair the Services or any server or other hardware associated with the Services; disobey any requirements, procedures, policies, procedures or regulations of networks connected to the Services; interfere with any other party's use and enjoyment of the Services; frame or utilize framing techniques to display content from a source other than the Services; use any Company-owned mark or product name as a meta-tag or other 'hidden text' for search engines in a manner that does not inure to the benefit of Company.
2.5 Impermissible Activity. We reserve the right, in our sole discretion, to investigate complaints, violations of our Terms and any potential violations of applicable law. We may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. If you encounter any prohibited content, material or other potential violations on the Services, you should be immediately report such content or violations to email.
2.6 Right to Suspend or Terminate Use. We may also suspend and prohibit use of the Services if we believe a user is violating these Terms or otherwise engaging in or attempting to engage in unlawful activities through the Services. We also reserve the right, to temporarily suspend your access to the Services at any time, in our sole discretion, with or without cause, and with or without notice.
3.1 Compatibility. Use of the Services may require compatible devices (e.g. personal computer, mobile phone, tablets and other consumer electronic devices), Internet access or Wi-Fi, certain software and wireless plan with necessary wireless data features; may require periodic updates; and may be affected by the performance of these factors. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access our Services.
3.2 Registration. Use of the Services may require you to register.
(a) If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for a single user only. It is prohibited for you to permit (a) any other person to use the registered sections under your name, or (b) access through a single name to multiple users on a network.
(b) If there are any changes to that information or if you believe there has been unauthorized use of your account, then you shall immediately notify us by emailing email.
(c) We expressly disclaim any and all liability in connection with the registration, maintenance and security of your registration.
(d) You agree to maintain the confidentiality of your password; if you wish to change your password or believe it has been compromised please follow the instructions to recover your password, as provided through the Services, or by emailing email.
3.3 Availability of the Services. Company does not guarantee availability of the Services, shall not have any liability to you for any unavailability of the Services, and is under no obligation to provide you with maintenance, technical support or updates for the Services unless provided in conjunction with your plan type. To the extent you choose to access and use the Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, any applicable local laws.
3.4 Services Updates. Company reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, and we may suspend or stop the Services altogether.
4.1. Company Rights. Company shall retain ownership in and to the Services and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Services. You further acknowledge and agree that nothing in this Agreement and no use of the Services shall cause to vest or be construed to vest in you, any right, title or interest in or to the Services other than the express right to use the Services solely in accordance with the terms and conditions of this Agreement.
5.1 Indemnification. You are solely liable for any content or other information you transmit, provide or upload to the Services. You agree to indemnify, defend and hold harmless Company and its affiliates from any third party claim, action, demand, loss or damages (including attorney's fees and costs) arising out of or relating to (a) your violation of any term of these Terms, (b) your use of or access to the Services, and (c) your violation of any rights of a third party, including without limitation any property or privacy right.
5.2. Warranty Disclaimer. You acknowledge that Company does not have any obligation to monitor the Services, but has the right to do so for the purpose of operating the Services, to ensure user's compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
5.3 "AS IS" Basis. THE SERVICES ARE PROVIDED ON AN "AS IS AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) THE ACTIONS OF ANY THIRD PARTY, (B) THE UNAVAILABILITY OF THE SERVICES, (C) YOUR USE OF THE SERVICES, (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES OR THE CONTENT, and (E) YOUR USE OF ANY THIRD-PARTY SERVICES SUCH AS WEBSITES, MOBILE WEBSITES, LINKS, ETC. DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SERVICES. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN COMPANY SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
5.4 Limitation of Liability. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, COMPANY'S DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.
6.1 Third-Party Rights. The provisions of these Terms are for the benefit of Company and any third party information providers to the Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her or its own behalf.
6.3 Governing Law. This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to the conflicts of laws principles thereof.
6.5 Severability. If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective in that jurisdiction and the remaining provisions of this Agreement shall continue in full force and effect.
6.6 No Construction Against Drafter. The terms of this Agreement shall not be construed against Company by virtue of its having drafted them.
6.7 Survival. In the event of the termination of this Agreement, any obligation of yours, which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Company's rights under this Agreement shall survive any termination of this Agreement.
6.8 No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any third party (whether referred to in the Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
6.9 Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6.10 No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Company's prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Company and its affiliates may assign their respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.