The following Terms of Service (the "Agreement") between you and JetZet, Incorporated ("JetZet" or "us" or "we") governs the use of the JetZet online service (the "Service"), including, without limitation, the creation of travel itineraries and use of travel monitoring and alerts, and any additional services whether free or premium, as provided or made available by JetZet. Please read the terms and conditions contained in this Agreement carefully. You can access this Agreement at any time at Terms of Service. Your use of and/or registration with the Service will constitute your ongoing acceptance of this Terms of Service. If you cannot accept this Agreement, your use of this services will be considered unauthorized. This Agreement may be modified from time to time; the date of the most recent revisions will appear on this page. It is your responsibility to regularly check the Site to determine if there have been changes to this Terms of Service and to review such changes. Any revised Agreement will be effective with respect to all use of the Service and all information provided or modified after such revised Agreement is posted.
In addition to this Agreement, JetZet may require you to agree to comply with additional terms and conditions in order to use or access certain portions of the Service. Your failure to abide by this Agreement or such other terms or conditions may result in suspension or termination of your access to the Service, without notice, in addition to JetZet's other remedies.
JetZet may at times require that you register and/or set up an account to use all or a portion of the Service. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date as of the date provided to JetZet. If any of your Registration Information changes, you must promptly update it by editing your customer profile on the Service. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right, is offensive or may violate any law or policy of JetZet, as determined by JetZet in its sole discretion.
You are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the Service by you and anyone you allow to access the Service. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without JetZet's prior written consent, which consent JetZet may condition or withhold in its sole discretion. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Service), you will promptly change the affected Registration Information and notify JetZet via the Contactus page on JetZet's Website.
Unless otherwise specified in writing by JetZet, the Service, and all information provided to you as part of the Service, is intended for your personal, noncommercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You agree to use the Service only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.
You will not, nor attempt to do, any of the following with respect to the Service, except as expressly authorized or enabled by JetZet in writing:
The Service is not intended for users under the age of 13, and JetZet does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted, or retained by us. . If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at: privacy@JetZet.com. If we become aware that a child under 13 has provided us with personal identifiable information, we will delete such information from our files. You will not knowingly allow any person under the age of 13 to use or access the Service. You will not submit any personally identifiable information of any person under the age of 13 to JetZet.
The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, reverse engineer, create derivative works of, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to JetZet's servers by http requests using a web browser, you may not attempt to gain access to JetZet's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
You acknowledge that JetZet has not reviewed and does not endorse the content of any site linked to from this Service and is not responsible for the content or actions of any other site linked to from this Service. Your linking to or visiting any other service or site is at your sole risk. You acknowledge that the Services may include advertisements and that JetZet is not responsible for the content of such advertisements.
You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that JetZet may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Terms of Service, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others and JetZet may refer the matter to the appropriate authorities. You agree not to use the Service to upload, post, transmit, share, store or otherwise make available: (a) any content that is, or that a reasonable person would understand to be, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; or (b) any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to JetZet.
When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant to JetZet and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that JetZet may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.
We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Terms of Service and the terms of Section 9.b, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that (i) no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and (ii) you have sufficient rights to otherwise comply with all terms and conditions of this Agreement. Notwithstanding the foregoing, to the extent that your User Content is embedded with or combined with other content or materials (including content submitted by other users), JetZet shall be the sole and exclusive owner of all right, title and interest in and to such combination or compilation and you hereby assign all right, title or interest you have in such combination or compilation to JetZet.
Notwithstanding anything to the contrary in this Agreement, if you provide JetZet with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information ("Feedback"), you agree that: (a) any and all right, title and interest to such Feedback shall become the exclusive property of JetZet (and you hereby assign all such right, title and interest to JetZet); (b) JetZet shall be able to use and share such Feedback without your consent; (c) JetZet owes you no obligation or compensation whatsoever regarding the Feedback; and (d) JetZet may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such Feedback to JetZet.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the JetZet website or Service any materials that violate another party's intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control you may send a written notification of such infringement to us at: support@JetZet.com or 1350 N. Wells Suite D100, Chicago, IL, 60601
You agree to indemnify JetZet and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims, actions, causes of action, damages, fines, liabilities, losses and any other adverse consequences (including attorneys fees and other legal, investigative and expert consulting fees, costs and expenses) which may arise from your submissions, from your unauthorized use of material obtained through the Service, from your breach of this Agreement, or from your use of the Service in violation of any applicable law or regulation.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND JetZet, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. JetZet, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
WITHOUT LIMITATION, JetZet DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY ITINERARY OR OTHER INFORMATION CREATED OR PROVIDED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO, OR RECEIVED THROUGH, THE SERVICE AND JetZet SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ITINERARIES.
JetZet, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: THE PROVIDING OF SERVICES HEREUNDER, THE DELIVERY OR NON-DELIVERY OF INFORMATION, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JetZet, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR YOUR USE OF THE SERVICE.
YOU HEREBY RELEASE, AND AGREE IN THE FUTURE TO RELEASE, JetZet, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, DAMAGES AND OTHER LIABILITIES (WHETHER ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, THAT YOU MAY CURRENTLY HAVE OR MAY HAVE IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE THAT THE FOREGOING WAIVER EXPRESSLY INCLUDES A WAIVER OF ANY RIGHTS, AND A RELEASE OF ALL CLAIMS, YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR LAWS OR REGULATIONS.
If a dispute arises between you and JetZet, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and JetZet agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (each, a "Claim") in accordance with one of the subsections below or as JetZet and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
For any claim (excluding claims for injunctive or other equitable relief), JetZet may elect to resolve the dispute through binding non-appearance-based arbitration. In the event JetZet elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider and such arbitration shall be conducted in accordance with such provider's rules for non-appearance-based arbitration. You agree to submit to and participate in any such arbitration.
All claims you bring against JetZet must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, JetZet may recover attorneys' fees and costs up to $1000, provided that JetZet has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. This Agreement is an agreement between the parties hereto, and confers no rights upon any of their respective representatives, affiliates or agents or upon any other person or entity.Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.