Terms and Conditions of Use


	Terms and Conditions of Use
	Your use of this Web site is conditioned upon your acceptance of the following terms and conditions. Your use of this Web site constitutes your acceptance of all such terms and conditions. If you do not agree with any part of the following terms and conditions, you may not use this Web site.

	Ownership
	This Web site, and each of its modules, together with the arrangement and compilation of the content found on this Web site, is the copyrighted property of Dynamic Systems Integration, Inc., trading as Airtraveler.com (hereafter “Airtraveler”) and its various third party providers and distributors. Much of the content found on this Web site is owned by third party providers and distributors and is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. Nothing contained on this Web site should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Airtraveler, it’s affiliates or other third parties that may own the Trademarks.

	Use of Web Site
	Airtraveler grants you a limited, non-transferable license to use this Web site in accordance with the terms and conditions of this User Agreement. You may only use this Web site for personal informational, noncommercial purposes, to make legitimate transactions, reservations or purchases and shall not use this Web site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This Web site and the content provided in this Web site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Airtraveler, and/or its third party providers and distributors, except that you may display and print the materials presented on this Web site for your personal, non-commercial use only. You agree that you may not use any "robot," "spider" or other automatic device, program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Web site, without the prior written permission of Airtraveler. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this Web site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site. You agree not to interfere with the proper commercial function of this web site, and not to take any action to interfere or burden the infrastructure of the Airtraveler Web site. Unauthorized use of this Web site and/or the materials contained on this Web site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Web site.

	Age and Responsibility
	In using this Web site, you represent that you are of sufficient legal age to use the services and to create binding legal obligations for any liability you may incur as a result of the use of the services herein. You agree to be financially responsible for all uses of this Web site by you and those using your login information. You also agree to accept responsibility for all activities that occur under your account or password.

	Privacy Policy
	Your privacy is important to us. We will not ask for information that does not have a purpose and we will not require information to be disclosed that is not absolutely necessary. We will not sell your personal information to third parties and have no intention of doing so in the future. When you make a reservation or purchase services through Airtraveler, we provide information about you to the airline, car rental agency, hotel or other involved third party to ensure the successful fulfillment of your purchase or travel arrangement. Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through e-mail, or in forums - that information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return.

	Airport Data & Diagrams Policy
	Airport data and diagrams are designed and prescribed by applicable governing authorities. Airtraveler does not design any of these diagrams and has no authority to alter, modify, add to, or subtract from them. Further, Airtraveler does not review or approve the adequacy, reliability, accuracy, or safety of any airport diagram or data, and it specifically has undertaken no such duty. The airport diagrams, which are provided by the FAA directly or through third party providers, are intended to depict in a convenient and standardized form the airport diagrams as designed and prescribed by government authorities. Airtraveler makes no warranty, express or implied, concerning the Diagrams and Data.

	Payment/Fees
	Airtraveler reserves the right to charge membership and listing fees for certain listings, as well as transaction fees based on certain completed transactions for Travel Services. Airtraveler further reserves the right to alter any and all fees from time to time, without notice. If you choose a service on Airtraveler that requires payment, such as membership, we will request personal information that is necessary for billing and/or shipping, such as: name, address, telephone number, and credit card number.

	Aircraft Listing and Ride Share Policy
	This online listing service is for informational purposes only, and is merely a venue for users to place classified ads or post messages on our Web site. Airtraveler makes no express or implied warranties, does not assume responsibility for, and does not guarantee the validity, accuracy, or completeness of any of the information presented by user. Aircraft specifications and price may change without notice by the listing seller. Airtraveler reserves the right to revise or reject for any reason at our discretion any posting or advertising copy submitted. If you use this Web site, you agree to take full responsibility to validate the accuracy, reliability and currency of the information given.

	Use of Product and Community Services
	The Web site may contain classified ads, bulletin board services or forums, to enable you to communicate with the public or with a group. This online listing service is for informational purposes only, and is merely a venue for users to place classified ads or post messages on our Web site. Airtraveler has no obligation to monitor the services and makes no express or implied warranties, does not assume responsibility for, and does not guarantee the validity, accuracy, or completeness of any of the information presented by user. Airtraveler is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. Airtraveler cannot screen, censor, or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Aircraft specifications and price may change without notice by the listing seller. Further, Airtraveler cannot control or warrant the behavior of the users of the Services. As such, your use of Airtraveler Services is at your own risk, and Airtraveler disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release Airtraveler, its suppliers, service partners, agents, employees, consultants, and trustees from all claims, demands, and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of Airtraveler Services. Further, because Airtraveler is not involved in any transactions between you and other users of the Services, Airtraveler cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods. Airtraveler reserves the right to revise or reject for any reason at our discretion any posting or advertising copy submitted. If you use this Web site, you agree to take full responsibility to validate the accuracy, reliability and currency of the information given. You agree to use the services only to post, send, and receive messages and material that are proper and related to the particular service. Airtraveler reserves the right to review materials posted and to remove any materials in its sole discretion. Airtraveler reserves the right to terminate your access to any or all of the services at any time without notice for any reason whatsoever. Airtraveler reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Airtraveler's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any of the forums, listings or bulletin boards. Materials uploaded to a forum, bulletin board or listing may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

	Review of Transmissions
	Airtraveler may, from time to time monitor and review any information transmitted or received through this Web site and reserves the right to sensor, edit, remove or prohibit the transmission or receipt of any information that Airtraveler deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this Web site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Web site, you grant Airtraveler and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Airtraveler takes no responsibility and assumes no liability for any content posted or submitted by you.

	EXCLUSION OF WARRANTY.
	AIRTRAVELER AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEB SITE AND/OR ANY MATERIALS PROVIDED ON THIS WEB SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. AIRTRAVELER AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEB SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER AIRTRAVELER NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS WEB SITE, ITS SERVERS OR ANY E-MAIL SENT FROM AIRTRAVELER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM STATE TO STATE.

	LIMITATION OF LIABILITY.
	AIRTRAVELER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE, INCLUDING ANY VIRUSES THAT MAY HAVE INFECTED THE WEB SITE. IN NO EVENT SHALL AIRTRAVELER OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEB SITE OR CONTENT FOUND HEREIN, II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR NABILITY TO USE ANY COMPONENT OF THIS WEB SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY AIRTRAVELER OR ANY THIRD PARTY ROVIDERS OR DISTRIBUTORS, EVEN IF NOTICE HAS BEEN GIVEN OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, notwithstanding the foregoing, Airtraveler or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Web site or its content, the liability of Airtraveler and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this Web site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Airtraveler and without any liability whatsoever, Airtraveler at any time and without notice may terminate or restrict your access to any component of this Web site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.

	Indemnification
	You shall defend, indemnify, and hold harmless Airtraveler and any of its third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you, or on your behalf, in excess of the liability described herein, or by third parties as a result of your use of this Web site.

	Links
	This Web site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement of their contents by Airtraveler, its third party providers or distributors. Airtraveler and its third party providers or distributors shall not be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

	Relationship
	You agree that no joint venture, partnership, employment, or agency relationship exists between you and Airtraveler, or its third party providers or distributors, as a result of this agreement or your use of this Web site.

	Governing Law
	This Agreement and its performance shall be governed by the laws of the state of Virginia, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts having subject matter jurisdiction over the controversy for such cases arising in the City of Virginia Beach, Virginia, United States of America, in all questions and controversies arising out of your use of this Web site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Web site must be brought within two (2) years from the date on which such claim or action arose or accrued.

	Attorney's Fees
	If Airtraveler or its affiliates take any action to enforce this User Agreement and these terms and conditions, including the Injunctive Relief provisions following, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

	Injunctive Relief
	You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause irreparable damage to Airtraveler, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Airtraveler shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents. You agree that no bond or other security shall be required in connection with such injunction.

	Termination
	Airtraveler may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this Web site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Airtraveler and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Airtraveler and its third party providers or distributors, as applicable.

	Assignment
	You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

	Modification
	Airtraveler may at any time modify these terms and conditions and your continued use of this Web site will be conditioned upon the terms and conditions in force at the time of your use. You are responsible for regularly reviewing these terms and conditions.

	Additional Terms
	Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Web site, and you agree to abide by such other terms and conditions.

	Severability
	These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

	Headings
	The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

	Entire Agreement
	This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Web site.