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.
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.
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.
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.
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.
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.
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.
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.