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Terms Of Use

Last Updated: April 24, 2009

Use of the websites (collectively, the “Website”) of XOJET, Inc. and its controlled affiliates and subsidiaries (collectively, “XOJET,” “we,” “us,” or “our”) is governed by the terms and conditions below (these “Terms of Use”). These Terms of Use are legally binding on all users of the Website. By accessing the Website, you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, please do not use the Website; by using the Website you will be deemed to have irrevocably agreed to these Terms of Use.

  1. Terms. These Terms of Use, in combination with XOJET's Privacy Policy (available at www.xojet.com/privacy), sets forth the terms and conditions under which XOJET makes the Website available to you. In the event of an inconsistency between the Terms of Use and XOJET's Privacy Policy, these Terms of Use shall control.
  2. Ownership. XOJET owns and retains all intellectual property rights to the Website but does not claim ownership of information, products, or services held by the owner of the websites to which the Website links. All content, text, images, data, information, and other materials displayed, available, or present on the Website are the property of XOJET or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on the Website (or which is linked to the Website) is copyrighted unless otherwise noted, and may not be used without the written permission of XOJET or the designated owner, except as provided in these Terms of Use.
  3. Authorized and Prohibited Uses. You may only display (including but not limited to display through downloading and copying) the content of the Website for non-commercial, informational, personal use without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. You may not otherwise reproduce, sell, publish, distribute, modify, display, or use the Website or the content of the Website without the prior written permission of XOJET; provided, however, that if the functionality of the Website permits the e-mailing of certain content or a link, you may send that particular content or link to others by e-mail, as indicated. You also agree not to use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website. If you are uncertain as to whether the intended use of the Website is permissible, you must contact XOJET prior to any such use. In addition, XOJET shall have the right in its sole discretion to suspend or terminate the Website or your access to it.
  4. User Content. Except as provided in XOJET's Privacy Policy, the content that you submit to the Website or XOJET directly (“User Content”) will be deemed to be non-confidential and non-proprietary and may be disclosed through the Website to unknown persons on a worldwide basis without control by XOJET, including for browsing, downloading, printing, and other uses by such other persons or entities. You shall not submit User Content except for content that is fully authorized for purposes of the Website and these Terms of Use, and does not infringe upon any person's intellectual property rights. You have the burden of determining the extent to which User Content is protected by applicable intellectual property laws. XOJET shall have the royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, publish, distribute, modify, display, link to, or use, in any form or media, any User Content. XOJET does not endorse any User Content or third party product or service that may appear on the Website. Nothing in these Terms of Use shall obligate XOJET to use any User Content or to include or post such User Content on the Website. Please refer to XOJET's Privacy Policy for the Website with respect to the special treatment of personal information you provide to XOJET.
  5. Registration and Passwords. XOJET may at times require you to have a password and provide registration details to access the Website or portions of the Website. If XOJET does require a password and registration details, it shall be a condition of use of the Website that all the details you provide are correct, current, and complete. If XOJET believes that the details are not correct, current, or complete, XOJET will have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify XOJET immediately of any unauthorized use of your password(s). XOJET reserves the absolute right not to issue a password to any person or entity.
  6. Access Arrangements and Fees. Your use of the Website shall be in accordance with any and all procedures, forms, formats, displays, and operating times as may be determined, specified, or modified by XOJET in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Website. XOJET charges no fees at this time for using the Website, but reserves the right to impose or modify fees in connection with use of the Website (or portions of the Website) at any time without liability. Payment of any such fees shall be due and payable 30 days from the date of invoice unless otherwise agreed by you and XOJET or unless otherwise required by XOJET. XOJET shall endeavor to issue a general notice on the Website with regard to any imposition of fees or modifications to the Website.
  7. Linking. No link shall be made to any page of the Website, without the prior written consent of XOJET. Moreover, in the event XOJET deems your linking practices in relation to the Website to be inappropriate, XOJET may provide notice to you concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of XOJET relating thereto.
  8. Third Party Websites and Other Information. The Website may contain, as a convenience to you, content, links, and other information submitted by third parties over whom XOJET has no control or responsibility, as well as translations thereof that XOJET may arrange. XOJET has no obligation to monitor, control, or restrict the use of the Website or third party web sites accessible via links on the Website. These other sites are not under the control of XOJET, and you acknowledge that (whether or not such sites are affiliated in any way with XOJET) XOJET is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by XOJET or any association with its operators. Moreover, XOJET has no obligation to verify any User Content or to provide any registration or other information to you concerning any content.
  9. Disclaimer of Warranties. XOJET disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed by using the Website. XOJET disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website.
  10. THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. XOJET AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
  11. YOU UNDERSTAND AND AGREE THAT DOWNLOADS OR OTHER MATERIAL OR DATA OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. CERTAIN USERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  12. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL XOJET OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF XOJET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  13. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
  14. Without limiting the foregoing, under no circumstances shall XOJET or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
  15. Indemnification. You shall defend, indemnify, and hold harmless XOJET and its affiliates, officers, directors, employees, and contractors from any demands, claims, damages, liabilities, expenses, or harms, including attorneys fees, arising in connection with your use of the Website, online conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from use of the Website.
  16. Release and Waiver. To the maximum extent permitted by law, you hereby release and waive all claims against XOJET and its affiliates, officers, directors, employees, and contractors from any and all liability for claims, damages (actual and consequential), costs, and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Website. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
  17. Modification of Terms of Use, Etc. These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. XOJET will endeavor to post a notice of any changes to these Terms of Use for a period of 30 days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every 30 days. Your continued use of the Website subsequent to XOJET's notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use is found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of the Website, any use by you of the Website, any User Content on the Website, or these Terms of Use.
  18. Intellectual Property Policy. XOJET's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.
  19. Dispute Resolution; Applicable Law and Forum. XOJET's failure to act with respect to a breach by any user does not waive XOJET's right to act with respect to subsequent or similar breaches. No provision of these Terms of Use may be waived except by a writing signed by XOJET. These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the conflicts of law provisions of California or any other jurisdiction. Any controversy or claim arising out of or relating to the use of the Website and these Terms of Use (including without limitation the Privacy Policy) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, XOJET may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Further, you acknowledge and understand that XOJET has no obligation to become involved in any dispute between you, any other user, or any other person. These Terms of Use constitute the entire agreement between XOJET and you with respect to the subject matter hereof.