Legal

FLEXJET WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

Ownership of Site; Agreement to Terms of Use

These Terms of Use (the “Terms of Use”) apply to the Flexjet website located at www.flexjet.com, and all associated sites linked to www.flexjet.com by Flexjet or any of its affiliates (collectively, the “Site”). The Site is the property of Flexjet, LLC (“Flexjet”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE.

Flexjet may change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Flexjet grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You agree that Flexjet may, in its sole discretion and without prior notice, terminate your access to the Site at any time and for any reason.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork or other images, sounds, music, and computer code (collectively, “Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Flexjet, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Flexjet’s express prior written consent.

Your Use of the Site

You may not use any automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Flexjet server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other surreptitious or illegitimate means.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Flexjet, including any Flexjet account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Flexjet’s systems or networks, or any systems or networks connected to the Site or to Flexjet.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Flexjet on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Accounts, Passwords and Security

Certain features or services offered on or through the Site are only available to users with an owner account. You are entirely responsible for maintaining the confidentiality of the information you hold for your owner account, including your password, and for any and all activity that occurs under your owner account as a result of your failure to keep this information secure and confidential. You agree to notify Flexjet immediately of any unauthorized use of your owner account or password, or any other breach of your owner account’s security. You may be held liable for losses incurred by Flexjet or any other user of or visitor to the Site due to someone else using your owner account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s owner account at any time without the express permission and consent of the holder of that owner account. Flexjet cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Flexjet’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. To view Flexjet’s Privacy Policy, visit http://www.flexjet.com/privacy-policy/. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Flexjet’s control, and Flexjet is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

FLEXJET DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FLEXJET CANNOT AND DOES NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FLEXJET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLEXJET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FLEXJET SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FLEXJET FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE, AND THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND FLEXJET.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Flexjet reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Flexjet be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Flexjet has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Flexjet is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Flexjet’s liability will in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Flexjet, its officers, members, managers, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against or incurred by Flexjet due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Flexjet may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Flexjet’s rights or property, or the rights or property of visitors to or users of the Site, including Flexjet’s customers. Flexjet reserves the right at all times to disclose any information that Flexjet deems necessary to comply with any applicable law, regulation, legal process or governmental request. Flexjet also may disclose your information when Flexjet determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Flexjet may preserve any transmittal or communication by you with Flexjet through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Flexjet determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Flexjet, its employees, users of or visitors to the Site, and the public.

You agree that Flexjet may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if Flexjet determines that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Flexjet, for which monetary damages would be inadequate, and you consent to Flexjet obtaining any injunctive or equitable relief that Flexjet deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Flexjet may have at law or in equity.

If Flexjet does take any legal action against you as a result of your violation of these Terms of Use, Flexjet will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Flexjet. You agree that Flexjet will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cuyahoga County, Ohio, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Flexjet and you arising out of or in connection with your use of the Site, the parties must attempt, promptly and in good faith, to resolve any such dispute for a period of at least 30 days.

Geographic Limitations

Although the Site is accessible worldwide, not all products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Flexjet reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area. Any offer for any product or service made on the Site is void where prohibited or unavailable. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and Flexjet with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Flexjet with respect to such use are hereby superseded and cancelled. Flexjet will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Flexjet’s failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Flexjet of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Flexjet and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.