Terms of Service
LAST UPDATED NOVEMBER 15, 2020
ShAirForce further reserves the right, in its sole discretion, to (i) discontinue or otherwise block your access to and use of any aspect or component of the Website at any time for any reason, or (ii) terminate your access to any specific content, services or events, if ShAirForce learns that you have provided false or misleading information or have violated the Policies or any other agreement with ShAirForce, or if ShAirForce determines in its sole discretion that it is otherwise necessary or appropriate to do so.
ELIGIBILITY TO USE THE WEBSITE
The Website is available only to adults over 18 years of age who are residents of the United States, its territories and possessions (or elsewhere where it is legal for you to access the Website and at least the legal age in your location). By using, accessing or viewing the Website, you affirm that you are an individual at least 18 years of age and of legal age in your location to form a binding agreement, and that all information you provide is factual, correct and truthful, and that you are a resident of the United States or its territories and possessions (or elsewhere where it is legal for you to access the Website). If you do not meet the foregoing criteria, please do not use the Website. ShAirForce may, in its sole and absolute discretion, refuse to provide access to the Website to, or accept a purchase from, any person or entity. The Website, and any product or service offered by any ShAirForce affiliate, will not be available to any person or entity whose access to the Website has been suspended, or whose information has been removed from the Website, by ShAirForce. By entering in or providing any information to, the Website, or accessing any information within the Website, you represent that your right to access the Website has not previously been denied or suspended.
Any access to any of the information within the non-public portion of the Website, is available only to those individuals or entities who have been authorized by us to access the information within the non-public web pages.
In connection with your request for information, and your access to information, within the non-public portion of the Website, and any other information we may otherwise provide to you by any means, about any product or service offered by ShAirForce, or related to your request to purchase, or your purchase of, any product or service offered by ShAirForce, you agree to provide ShAirForce, or its agent, with all documentation and information reasonably required by ShAirForce to verify your identity, and determine your eligibility to qualify for, in ShAirForce’s sole discretion, all ShAirForce security and financial requirements, policies and procedures related to your access to information, your purchase of any product or service from ShAirForce, or your authorization to board or fly on any ShAirForce aircraft, including, without limitation, delivering a completed Know Your Customer (“KYC”) questionnaire in form and substance acceptable to ShAirForce.
ShAirForce, on behalf of itself and its affiliates, reserves the right to approve or disapprove each prospective request for information or to accept or reject any request to purchase any product or service in whole or in part in its sole discretion.
Each user shall be required to provide, among other things, a valid email address, and a telephone number capable of receiving and replying to a text communication. In providing your email address and telephone number at which you may receive a text communication, and agreeing to the Policies, each user consents to receiving email notices and/or text communications from ShAirForce regarding products or services available from ShAirForce or any ShAirForce affiliate.
Persons who reside outside of the United States or its territories and possessions are allowed access to purchase or use products and services available through the Website or from ShAirForce or its affiliates only if such purchase, use and access complies with, and does not violate, the laws of the country in which they reside. Any information about or offer of a product or services made available within the Website or otherwise is not offered to, is not provided to and may not be used by any person or entity within any jurisdiction or territory where any provision of such information, or use of such information, would conflict with any relevant laws, regulations or rules of any government agency or authority, or anywhere ShAirForce or its affiliates or agents are not allowed to distribute and provide such information or make any such offer of any product or service. Products and services which may be mentioned within the Website may not be available in all jurisdictions or to all purchasers.
By accessing the information within the Website, you represent and warrant that you are an individual of legal age to form a binding contract and that all information you provide during registering to access the information contained within the Website is truthful, complete and accurate. So that we may confirm your identity and the information you provide to us to enter the Website, by registering to enter the Website you thereby authorize ShAirForce to obtain a copy of your consumer report from TransUnion, which will not affect your credit score.
You should not construe the contents of the materials accessible on the Website or by any other means as legal, tax or investment advice. You should consult your own counsel, accountant or business advisor as to legal and other matters concerning your purchase of any product or service mentioned on the Website or purchased from ShAirForce or any of its affiliates.
Overview and summary information provided at or through the Website contains only limited information regarding the products and services described within the Website. Such limited information is intended for summary or overview informational purposes only and is not presented to be, and may not be construed to purport to be complete by any measure, and any such summary or overview information is hereby qualified in its entirety by the much more detailed information within any agreements documenting any purchase of any product or service from ShAirForce or its affiliates that is described within the Website.
UNAUTHORIZED USE AND MISUSE
Unauthorized use of the Website, including, but not limited to, unauthorized access of the Website, the misuse or sharing of any of the content within the Website, or your password or misuse of any other information by you, is strictly prohibited. You may not use the Website in any manner, or by any means, that could harm, disable, damage, impair, overburden, inhibit, slow or negatively impact the Website or interfere with any other party’s use of the Website. You agree to not engage in any activities through the Website that conflict with any applicable laws, rules or regulations. You will be liable for any losses incurred by ShAirForce, its affiliates or others as a result of any unauthorized use of your password or unauthorized access to the Website.
In addition, you agree that you are solely responsible for any unauthorized use of the Website as a result of anyone using your password before you have provided us with proper notice pursuant to the Policies and we have been provided with a reasonable opportunity to respond to and take action pursuant to such notice by you to ShAirForce. We reserve the right in our sole and absolute discretion to cancel or suspend your access to the Website and/or your password, even if we receive no notice from you, if we ever suspect that your password is being used in any suspected to be unauthorized or fraudulent manner. You alone are responsible for preserving the confidentiality of your information and password, and you agree to promptly report to us any suspected unauthorized or possibly suspicious activity involving your password by email at Security@ShAirForce.com. You may also be responsible and liable to ShAirForce for any losses we may incur or others may incur due to any such unauthorized use of your password or access to the Website.
If you register to and do enter the Website, we may furnish certain information and materials relating to our business, operations, plans, technology and intellectual property, products and services that may be available for purchase from ShAirForce and its affiliates, in connection with your and our evaluation of a potential business relationship with ShAirForce and/or its affiliates and you (“Potential Business Relationship”).
The term “Evaluation Material” as used herein shall mean all information, documents, agreements, statements, plans, compilations, reports, analyses, summaries and other items relating in any way to the business, ownership, clients, service providers, products, services, pricing, terms, conditions, plans and operations of ShAirForce and/or its affiliates, whether furnished to You before or after the date you register to enter the Website, whether received from ShAirForce and/or its affiliates directly or indirectly, and whether tangible or intangible, and in whatever form or medium provided, as well as any of the foregoing that is generated by You or by any of your Representatives (as defined below), that contains, reflects, or is derived from the furnished information. As used herein, the term “Representatives” means, as to any person, such person’s affiliates, officers, directors, managers, partners, employees, financial advisors, accountants, lawyers, advisors, consultants and agents.
The term “Evaluation Material” does not include information, knowledge or data: (a) which was or becomes generally available to the public other than as a result of any action or inaction by You or your Representatives; (b) which was within your possession prior to its being furnished to You by or on behalf of ShAirForce and/or its affiliates, provided that the source of such information was not known by you to be bound by a confidentiality agreement with ShAirForce and/or its affiliates or other obligation of confidentiality in respect thereof; or (c) which was or is independently developed by You or your Representatives without reliance upon or use of any Evaluation Material.
Neither You nor your Representatives, without the prior written consent of ShAirForce, shall disclose to any person the fact that You have received any of the Evaluation Material or that discussions or negotiations are taking place concerning the Potential Business Relationship, including without limitation, the status thereof.
PROHIBITED AND RESTRICTED WEBSITE ACTIVITIES
You acknowledge and agree that you alone are fully responsible for your conduct while you are viewing or using any component of the Website and for anything that occurs as a result of your use of the Website. You agree that it is your responsibility to, and that you will, use the Website exclusively for legal, authorized and legitimate purposes in compliance with the Policies and any applicable federal or state laws, rules and regulations, including with no limit any United States federal or state laws, regulations and rules that may be applicable, any anti-discrimination laws, any consumer protection and unfair competition laws or regulations and any foreign laws, rules or regulations that may be applicable. With no limit on the following, and for illustrative purposes only, you agree to never:
- Alter or modify any part of the Website, or any of its related technologies.
- Use the Website for any prohibited commercial purpose, including without limitation:
– the sale of access to the Website or related services on another website or service;
– use of the Website or related services for the purpose of gaining advertising or subscription revenue; or
– the sale of advertising, on the Website or any third-party service, without the prior written authorization of ShAirForce.
- Use or launch any automated system, including without limitation, “robots”, “spiders”, “site search or retrieval tools”, “offline readers” or any tool such as or similar to maillist or listserv, or any other device or tool to retrieve or index any component, part or portion of the Website or its content or to retrieve or collect information about users of the Website, or that accesses the Website in any manner that sends more request messages to the Website servers in a given period of time than a human could possibly send using no automated tools, or that could damage, disable or impair the Website or in any manner or by any means interfere with any other’s use of the Website. Notwithstanding the foregoing, ShAirForce grants the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ShAirForce reserves the right to revoke these exceptions either generally or in specific cases.
- Collect or harvest any Personal Information (information that can be used to identify a specific individual), including without limitation, account names, from the Website.
- Use the Website for any unlawful purpose, including without limitation, the provision or solicitation of any unlawful or prohibited services, products, or materials, or in any manner in violation of any federal or state laws, regulations or rules or foreign laws, rules or regulations.
The information and Content at the Website is made available to you “as is” for your information and personal use solely as intended through the normal functionality of the Website, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under the Policies. ShAirForce reserves all rights not expressly granted in and to the Website and the Content. Except as explicitly provided by the Policies, your use of the ShAirForce Content (as defined below) is strictly prohibited.
In addition, when using the Website, you may not:
- Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Website or any portion thereof without ShAirForce’s prior written consent, including but not limited to any information about ShAirForce or any product or service within the Website.
- Engage in conduct, during use of the Website, that is unlawful, threatening, stalking, harassing, abusive, fraudulent, defamatory, libelous or invasive of the legal privacy or publicity rights of others.
- Transfer or assign any rights granted to you by ShAirForce.
- Breach or attempt to breach, circumvent, disable or in any manner or by any means interfere with any authentication or security methods used for the Website including but not limited to technology used to prevent or limit sharing or copying of any information or content available at or through the Website or to restrict or prevent access to the information available at the Website or to the Website or any portion thereof, or any other systems or technology by any means connected to the Website.
- Alter, modify, interfere or disrupt the content or functioning of the Website through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, defects, destructive tool of any kind, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the Website or any data contained therein; or (ii) disproportionately burdens the operation of the Website.
- Use the Website or any other methods or means to gain unauthorized entry or access to other computer systems or networks or non-public portions of the Website to which you are not explicitly authorized to access whether they stand alone or are connected to the Website, by any means, including but not limited to password mining, hacking or by any other methods or means, or use the Website for any other purpose not explicitly authorized under the Policies.
- “Mirror” the Website or any of its content on any other server without the express prior written permission of ShAirForce, or contact through the Website any person or third party other than as authorized by ShAirForce, or take any action that may result in a disproportionate or unreasonable, in ShAirForce sole discretion, burden on the technology systems and infrastructure of ShAirForce or its third-party service providers, or that generates any form of spam.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the Website.
YOUR ACCOUNT INFORMATION
If you register to gain access to the Website, or gain access to the Website, you agree to always (i) provide truthful, correct, complete and up-to-date information as may be requested during and following your registration to gain access to the Website (“Account Information”); (ii) preserve and protect the privacy of your identification and password; (iii) keep up-to-date and always timely maintain your Account Information, and all other information you give to ShAirForce, to keep it correct, up-to-date and complete; and (iv) accept any and all risks of unapproved access to your Account Information and any other data or information you give to ShAirForce.
ACKNOWLEDGEMENT OF PROPRIETARY RIGHTS
LINKS TO OTHER WEBSITES
This Website may contain links to websites or resources on the world wide web operated by others. Such links are provided for your reference and convenience only. A link to another website does not imply or mean that ShAirForce endorses the content on that website or the operator or operations of that website. You are solely responsible for determining the extent to which you may use any content at other websites. You agree not to hold ShAirForce responsible for the content or operation of other websites. If you visit websites or resources of third parties unrelated to ShAirForce, you must do so at your own risk. Any such third-party websites or resources are not controlled by ShAirForce, and by accessing the Website you agree that ShAirForce is in no way responsible for or liable for the information, content, statements, functions, legality, lawfulness, legality, truthfulness, appropriateness, validity or any other characteristic of such third-party websites or resources. The presence in the Website of any link to any third-party website, content or resources does not suggest any relationship, association, endorsement, affiliation or sponsorship with or by those who publish or make available any such third-party website or content. You also acknowledge and agree that ShAirForce, directly or indirectly, shall not be responsible for or in any manner liable for, any damages or losses resulting from or possibly resulting from your or any other party’s use of or reliance upon on any resources, information, guidance, advice, products or services available on or through any such third-party website or resource.
This Website may not be linked to in a way that causes the pages of or any content from the Website to be displayed within a frame on a third-party website, or otherwise displayed on a browser screen accompanied by advertising or other content not found on the Website. The fact that a third party provides a link to the Website does not indicate that an endorsement, agency, joint venture, or similar relationship exists between ShAirForce and such third party.
ACCOUNT TERMINATION POLICY
CHANGES IN POLICIES
NO WARRANTY; LIMITATION ON LIABILITY
SHAIRFORCE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY RESPONSIBILITY OR DUTY TO YOU AND WITHOUT LIMITING THE FOREGOING IN ANY MANNER WHATSOEVER, SHAIRFORCE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING YOU USING OR ACCESSING THE WEBSITE.
Access to the Website may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. If access to this Website is unavailable or delayed at any time, you agree to use alternative means to obtain information from ShAirForce, such as by contacting a ShAirForce Global Concierge Services representative. ShAirForce will not be liable to you or any other party in the event any information or any online service otherwise available through the Website becomes unavailable.
SHAIRFORCE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS DO NOT WARRANT AND ARE NOT RESPONSIBLE FOR:
- INACCURATE OR INCOMPLETE CONTENT, ERRORS OR MISTAKES
- ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DUE TO ANY USE OF ANY OF THE CONTENT PUBLISHED, TRANSMITTED, EMAILED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED WITHIN, THEFT, OPERATOR ERROR, SEVERE WEATHER, EARTHQUAKES, OR OTHER NATURAL DISASTERS OR LABOR DISPUTES
- THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; TELEPHONE NETWORK ISSUES; THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; PROBLEMS WITH COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE;
- PROPERTY DAMAGE, DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE WEBSITE, OR ANY PERSONAL INJURY, OF ANY KIND OR NATURE WHATSOEVER, AS A RESULT OF YOU ACCESSING OR USING THE WEBSITE OR ANY SERVICE OR PRODUCT YOU PURCHASE THROUGH THE WEBSITE
- ANY VIRUSES, BUGS, ERRORS, TROJAN HORSES, OR ANYTHING SIMILAR THAT MAY BE TRANSFERRED THROUGH OR TO THE WEBSITE BY ANY THIRD PARTY, OR CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE
SHAIRFORCE DOES NOT WARRANT, GUARANTEE, ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY INFORMATION, SERVICE, OFFER OR PRODUCT MARKETED OR OFFERED BY A THIRD-PARTY THROUGH THE WEBSITE AND SHAIRFORCE IS NOT AND WILL NOT BE IN ANY MANNER RESPONSIBLE FOR ANY COMPONENT OF OR MONITORING OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY. SHAIRFORCE DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT USE OF THE WEBSITE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE WEBSITE.
SOME STATES’ LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL SHAIRFORCE BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, PUNITIVE, SPECIAL OR INDIRECT DAMAGES WHATSOEVER ARISING OUT OF USE OF THE WEBSITE OR PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, REGARDLESS OF WHETHER OR NOT SHAIRFORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE WEBSITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR SOLE REMEDY IS TO STOP USING IT. In no event will the liability of ShAirForce or its affiliates, successors or assigns, or any of their officers, directors, managers, employees or agents, be greater than $100. These limitations of liability will apply without regard to the cause or causes thereof, strict liability, regulatory or statutory liability, breach of warranty (express or implied), any theory of tort, breach of contract or the negligence of any party or parties, whether such negligence be sole, joint or concurrent, active or passive.
THE ABOVE LIMITATIONS ON LIABILITY AND ANY POSSIBLE DAMAGES ARE APPLICABLE TO ANY DAMAGES WHATSOEVER OF ANY KIND RESULTING FROM ANY:
- INACCURATE OR INCOMPLETE CONTENT, ERRORS OR MISTAKES
- DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, INDECENT, OBJECTIONABLE CONTENT OR ILLEGAL ACTIVITY OF ANY THIRD PARTY TO WHICH YOU MAY BE PROVIDED ACCESS; OR ANY LACK OF QUALITY, ACCURACY, USEFULNESS, RELIABILITY, SECURITY, LEGITIMACY, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF ANY CONTENT
- PROPERTY DAMAGE, DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE WEBSITE, OR ANY PERSONAL INJURY, OF ANY KIND OR NATURE WHATSOEVER, AS A RESULT OF YOU ACCESSING OR USING THE WEBSITE OR ANY SERVICE OR PRODUCT YOU PURCHASE THROUGH THE WEBSITE OR BY ANY OTHER MEANS
- LOST PROFITS, ANY DATA LOSS, ANY COST OF OBTAINING ALTERNATIVE GOODS OR SERVICES REGARDLESS OF HOW SUCH LOSSES OR COSTS RESULT
- LOSSES THAT RESULT FROM ANY UNAUTHORIZED USE OF YOUR ACCESS TO OR YOUR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS INTO THE WEBSITE AND OUR SYSTEMS OR OUR AFFILIATES’ SYSTEMS, THE MISUSE OR SHARING OF ANY OF THE CONTENT, ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION WITHIN THE WEBSITE OR OUR SERVERS, OR MISUSE OF ANY INFORMATION; YOU MAY BE LIABLE FOR ANY LOSSES SUFFERED BY SHAIRFORCE OR THIRD PARTIES AS A RESULT OF ANY UNAUTHORIZED USE INVOLVING YOUR ACCESS, PASSWORD OR ACCOUNT
- INTERRUPTION OF, PREVENTION OF, OR LACK OF ACCESS TO OR LIMITED CAPABILITY TO USE OR ACCESS OUR SECURE SERVERS OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED WITHIN OUR SERVERS OR SYSTEMS
- VIRUSES, BUGS, ERRORS, TROJAN HORSES, OR ANYTHING SIMILAR THAT MAY BE TRANSFERRED THROUGH OR TO THE WEBSITE BY ANY THIRD PARTY, OR CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, AND/OR DAMAGES OF ANY KIND RESULTING FROM ERRORS OR OMISSIONS IN ANY CONTENT OR DUE TO ANY USE OF ANY OF THE CONTENT PUBLISHED, TRANSMITTED, EMAILED OR OTHERWISE MADE AVAILABLE TO YOU AT OR THROUGH THE WEBSITE
SOME FEDERAL OR STATES’ LAWS MAY NOT ALLOW LIMITATIONS ON OR EXCLUSIONS OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN ANY SUCH CASES, SHAIRFORCE LIABILITY WILL BE EXPLICITLY LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.
THE ABOVE LIMITATIONS OF ANY LIABILITY SHALL APPLY TO THE GREATEST EXTENT ALLOWED BY LAW IN THE RELEVANT JURISDICTION. THESE LIMITATIONS OF LIABILITY SHALL ALSO APPLY REGARDING DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF ANY PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED TO YOU THROUGH ANY THIRD-PARTY WEBSITES AVAILABLE THROUGH THE WEBSITE OR OTHERWISE PROVIDED TO YOU BY THIRD PARTIES AND THAT YOU RECEIVE BY ACCESSING THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.
USE OF WEBSITE OUTSIDE OF THE UNITED STATES
Accessing the Website is explicitly prohibited from any jurisdiction in which the Website and any content within or available through the Website is illegal. If you access the Website from within any location outside the United States, you do so by your own choice and you alone are responsible for complying with any and all laws, rules and regulations within such jurisdiction from which you access the Website.
GOVERNING LAW; ARBITRATION
Notwithstanding the foregoing, you and ShAirForce may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, nothing in this arbitration provision will prevent either you or ShAirForce from seeking injunctive or other equitable relief on an individual basis in a federal or state court located in the County of New York, New York or the United States District Court for the Southern District of New York, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
You and ShAirForce agree that any arbitration will be limited to the dispute between ShAirForce and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SHAIRFORCE HEREBY EACH WAIVE THE RIGHT TO, AND MAY NEVER, PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND THAT YOU OR SHAIRFORCEMAY ONLY BRING ANY POSSIBLE CLAIMS IN AN INDIVIDUAL CAPACITY. Further, unless both you and ShAirForce otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
You and ShAirForce agree that for any dispute not subject to arbitration, or where no election to arbitrate has been made, the state and federal courts located in the County of New York, New York or the United States District Court for the Southern District of New York, have exclusive jurisdiction and you and ShAirForce agree to submit to the personal jurisdiction of such courts. You agree that the Website is a passive service that does not give rise to personal jurisdiction over ShAirForce or its affiliates or their members, directors, officers, managers, agents or employees, either specific or general, in jurisdictions other than as described above.
CONSENT TO EMAIL COMMUNICATIONS
If you register to access the Website or have any relationship with ShAirForce, you agree that we or our affiliates, or our or their officers, directors, agents, employees or managers may send e-mails to you regarding our relationship, or agreements. ShAirForce may also send e-mails to you about opportunities, services and products we believe may be of interest to you. You may opt-out of future promotional e-mails by following instructions contained in an e-mail that you receive from us. We reserve the right, however, to e-mail you important information relating to your account or any services or products you may purchase through your use of the Website or as a result of your use of the Website or our relationship, including legally required communications, or other information connected with the Website or any product or service discussed or made available to you through the Website, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You agree that you are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you have provided to us. We may communicate any necessary notices or provide any necessary information by posting such information on the Website or by sending such information to the email address you provided during your registration to enter the Website or thereafter. If you choose to terminate your agreement to receive information from us electronically, you agree to and must terminate your access to and use of the Website. Except as unequivocally stated otherwise, any legal notices must be served, related to ShAirForce, the Website or the Policies, to Legal@ShAirForce.com.
Pursuant to the Electronic Communication Privacy Act (18 USC Secs. 2701-2711), you must be aware of the following notice: ShAirForce provides no guaranty of the confidentiality or privacy of any individual communications or group of communications or of information transmitted on or through the Website or any other website linked to from or through the Website. ShAirForce will not be liable for the privacy of your email addresses, registration information, identification information, disk space, communications, confidential or trade-secret information, or any other content stored on any ShAirForce or on any affiliates or vendors’ servers, hard drives, or other equipment, or any such data transmitted over or through networks accessed or used by the Website, or otherwise associated with your access to or use of the Website.
If you purchase any products or services through the Website, you authorize ShAirForce to treat your application, registration, electronic signature or request as if it had been made in writing and signed by you.
ShAirForce uses passwords to prevent unauthorized access to certain areas of the Website. If you have been granted access to any such area, you agree to comply at all times with any security or operating procedures that ShAirForce establishes. You will be responsible for the confidentiality and use of your user name, password and other security-related identifiers. You agree not to hold ShAirForce or any of its affiliates liable for any damages of any kind resulting from your decision to disclose your user name or password to any third party. You will be responsible for any access to this Website made under your user name and password. You agree to immediately notify us if you become aware of any loss or theft of your user name or password or of any unauthorized use of your user name or password or of the Website, any information therein, or any online services offered through the Website. We may suspend or cancel your access to the restricted areas within the Website if we suspect the Website is being used in an unauthorized manner.
If you need assistance with the Website or with any product or service or information provided through use of the Website, or if you need to communicate with ShAirForce, write to us at: Contact@ShAirForce.com. You agree that we may record the conversations our employees or agents have with you. We may do this from time to time to monitor the quality of service and accuracy of information our employees or agents give to you.