You (the “User”) and Velocity 17 LLC doing business as JetGet (“JetGet”) as owner and manager of the JetGet flight booking service (the “Service”) agree to the following terms and conditions for the use of JetGet’s website and the computer software programs sponsored by JetGet (the “Software”):
1. USE OF SOFTWARE AND SERVICE. JetGet (as licensor) may provide User (as licensee) access to Software including applications, websites, electronic social media and electronic commerce used in connection with the Service, and designed to enhance the User’s experience, communications, Service optimization, functionality and logistics. By using the Software or the Service, User expressly agrees that User:
2. SERVICE. Only under a signed Membership Agreement described below, JetGet will agree to arrange for air transportation services for User. Transportation will be provided by aircraft operators holding FAA air carrier certificates authorizing them to provide air transportation pursuant to Federal Aviation Regulations Part 135, Title 14 CFR Part 135 (“FAR Part 135”). JetGet is not an aircraft operator and arranges for travel service for members as the manager of the Service. To use the Service, User shall pay a membership fee and agree to the terms and conditions contained in the JetGet Membership Agreement. Thereafter, the User will be entitled to use the Service to book seats on private charter jets at published prices and to obtain other benefits and privileges specified in the Membership Agreement, all of which will form part of the Service after User becomes a member. For clarification purposes, the term “seat” or other such terminology in this Agreement refers to booking, arranging, providing or using single-seat travel on private charter jets or turboprops (as opposed to “aircraft charter” or other such terminology which refers to booking, arranging , providing, using or chartering a whole aircraft). Accordingly, when User has booked a seat through the Service, more than one passenger or party will be on the booked flight, and multiple passengers will be traveling together and sharing the use of the aircraft.
3. MEMBERSHIP. To enroll as a JetGet member, User agrees to complete all information required and requested through JetGet online application forms, mobile applications or forms provided by other means as User may request. JetGet will review the membership information and communicate a membership decision within a reasonable period of time. JetGet retains the exclusive right to determine in its discretion whether to enroll any applicant in the membership program. Should User be refused membership, JetGet shall not charge or shall immediately refund any membership fee to such User, and there shall be no further obligation.
4. OTHER SOFTWARE TERMS. If User purchases goods or services from, or participates in promotions offered by, third-party service providers through the Software or Service, all responsibility for any such activity and any terms or conditions associated with such activity will be solely that of User and the respective third party. JetGet shall have no liability, obligation or responsibility for any such interactions.
JetGet reserves the right to modify the terms and conditions of this Agreement and those of its policies at any time, effective upon posting of an updated version of this Agreement or such policies respectively. User is responsible for regularly reviewing this Agreement and JetGet’s policies. Continued use of the Service or Software after any such changes shall constitute User’s consent to such changes.
JetGet may employ advertising by third parties and marketing and other mechanisms to subsidize the Software or Service. JetGet may compile and release information regarding Members’ use of the Software or Service on an anonymous basis as part of a customer report.
By entering into this Agreement and using the Software, User agrees to hold JetGet, its licensors and each of its subsidiaries, affiliates, members, managers, officers, directors, employees and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with User’s violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein.
JETGET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE OR SERVICE. JETGET DOES NOT REPRESENT OR WARRANT THAT (A) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET REQUIREMENTS OR EXPECTATIONS OR (B) THE FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS OF THE SOFTWARE OR THE SERVERS THAT MAKE THE SOFTWARE AVAILABLE. THE SERVICE AND SOFTWARE ARE PROVIDED STRICTLY ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY CONTAINED IN THIS AGREEMENT, ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY JETGET TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
JETGET AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE. USER ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF USER’S USE OF THE SOFTWARE, THE SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH USER TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL JETGET OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE).
JETGET WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN USER AND ANY THIRD-PARTY PROVIDERS, OTHER MEMBERS OR OTHER USERS OF THE SOFTWARE OR SERVICE.
5. GOVERNING LAW; DISPUTES. This Agreement and the rights of the parties shall be construed and enforced in accordance with the laws of the State of New Jersey without reference to the conflict of law principles of any jurisdiction. Any disputes relating in any way to this Agreement will be subject to the exclusive jurisdiction and venue of the courts of Bergen County, New Jersey. If any legal action is instituted by either party for the purpose of enforcing any term or provision hereof, the prevailing party in such action shall be entitled to recovery of its reasonable attorney’s fees and actual costs incurred therein.