This Terms of Service Agreement (the “Agreement“) is between you (“you“) and Airlink (“Airlink,” “we,” and/or “us“) and governs your use of the airlinkflight.org web site and successor web site(s) (the “Site“), including the materials and information posted on it, and the functionality that permits you to make donations, or to use any other functionality offered through the website.
By making a payment you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with Airlink governing your use of the Site. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.
You acknowledge and agree that Airlink retains control over the donated funds. In the event that (i) a project is retired or fully funded or (ii) Airlink receives a check payable to Airlink without reference to a specific project or campaign, the donated funds will be allocated to Airlink’s General Fund.
You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from Airlink shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
2. Amendment. Airlink reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.
3. Modification, Suspension, and/or Cancellation. Airlink reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that Airlink shall not be liable to you or to any third party for any such actions.
5. User Credentials. When you create an account or profile or make a donation, you may be asked to provide certain personal information, such as your name and contact information.
You acknowledge and agree that:
- You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;
- You represent that you have all rights in the information necessary to provide it to Airlink;
- If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity; and
- Airlink will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that you will not, without our express written consent:
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with Airlink, any element of the Site, including any information or materials made available on or through the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or any materials posted on or originating from the Site;
Frame or mirror any element of the Site;
- Systematically download Site content to create a separate database; or
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” “harvest” or in any way gather Site content, or reproduce or circumvent its navigational structure or presentation.
6. License. Subject to your compliance with the terms and conditions of this Agreement (including, but not limited to, Section 7), Airlink hereby grants to you a limited, non-exclusive, revocable license to access and use the Site and download and print the content and information on or made available through the Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited. Airlink and its licensors reserve all rights not expressly granted in and to the Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Site).
[AIRLINK WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, AND YOU ACKNOWLEDGE THAT AIRLINK CANNOT CONTROL WHETHER AND HOW ANY DONATIONS ARE MADE OR USED BY ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE AIRLINK (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.]
7. Proprietary Rights. The Site and other information or materials made available through or used in connection with providing the Site are and shall remain the property of Airlink and its licensors (including Site users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws; provided that you will retain ownership in your Submissions in accordance with Section 8. Except as expressly provided herein or permitted or otherwise authorized in advance by Airlink in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any element of the Site, including without limitation the Site itself or any Site content, or other materials made available through the Site.
Trade names, trademarks, and service marks of Airlink or its licensors include without limitation, Airlink and any associated logos. All trademarks and service marks on the Site not owned by Airlink are the property of their respective owners. The trade names, trademarks and service marks owned by Airlink, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Airlink trade names, trademarks or service marks without our express prior written consent.
8. Limitations of Liability and Disclaimer of Warranties. THE SITE AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. AIRLINK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE; PROJECTS, FUNDRAISERS, REGISTRIES OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE; THE USE OF DONATION FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
AIRLINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF AIRLINK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.
WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT.
9. Indemnity. You agree to defend, indemnify and hold harmless Airlink and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of your use of, or activities in connection with, the Site.
10. Termination. This Agreement is effective until terminated. Airlink, in its sole discretion, may terminate your access to or use of the Site and/or Services, at any time and for any reason or no reason, including if Airlink believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that Airlink shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Site. Nor shall Airlink have any obligation to make information or files associated with the Site available to you after any such termination.
11. Governing Law and Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the District of Columbia, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the District of Columbia, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding this, you agree that Airlink may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Site is hosted and operated in, and made available from the United States. Airlink does not represent or warrant that the Site or any element thereof is appropriate, available, or legal for use in any jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
12. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Airlink a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Airlink a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Site and/or Services Site Administrator, Airlink, 1023 15th Street NW, Suite 1100, Washington, DC 20005; Phone: (202) 480-9241.
13. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please send an e-mail to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Business Transfers. Airlink may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
14. Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Airlink. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Airlink relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Airlink relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail in our sole discretion. Airlink will not be responsible for failures to fulfill any obligations due to causes beyond its control.