Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY.
Your access and use of this web Site and our services are subject to and conditioned upon the following terms, conditions and disclaimers, as well as, your compliance with all other applicable laws. By accessing this web Site, you accept, without limitation, these terms of use. If you do not agree with any of these terms of use, do not use this WEB Site.
These terms and conditions shall apply regardless of the means by which this web site was accessed, including, but not limited to, through the "url" address: http://www.1stair.net/ (INCLUDING any subdirectory, subpath or file thereof), electronic mail, OR links/pointers from another web site or ANY "HTML" document.
THESE TERMS OF USE WERE LAST MODIFIED ON : [5/1/2014]
Welcome to 1st-Air.net, Inc.'s Terms of Use. In these Terms of Use (this "Agreement"), "you", "your", and "yourself" refer to each user ("User") accessing this web site (this "Site"), and "we", "us"", "our" and 1st-air refer to 1st-Air.Net, Inc. (including its successors, affiliates and assigns now existing or hereafter organized).
The Terms of Use describe the terms, conditions and disclaimers applicable to your use of this Site and our services. Please feel free to browse this Site without obligation to make any purchase. However, your access and use of this Site, and any material contained herein, are subject to the following terms and conditions, and all applicable laws. If you do not agree with or do not understand any of the Terms of Use, do not use this Site and "sign off" or leave this Site at this time.
By accessing and using this Site, you shall be deemed to have agreed to all the terms, conditions and notices below and which are referenced in the Terms of Use (whether the terms are located at the "url" address: http://www.1stair.net or are referenced). You will be bound by all of the Terms of Use whether you certify that you have read them and agree to them via the links located above and below this Agreement or are deemed to have accepted them through your use of this Site directly or through our customer support representatives.
In order to use this Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device and software containing compatible encryption capable of protecting your transmission(s) of data to us.
Ownership:
This Site, and each of its computer software modules, except for the portions that may be owned by our various third party providers or distributors, are owned and operated by 1st-Air.Net. Some of the content found on this Site is owned by third party providers and distributors. However, you have no ownership right in this Site.
You may not disassemble, decompile, reverse engineer, otherwise derive source code, or create derivative works from the software, software products or any information or services obtained from, through or in connection with this Site. This Site and the content provided in this Site may not be copied, reproduced, republished, modified, licensed, uploaded, posted, sold, rented, leased, transferred, transmitted or distributed without our express written permission, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only.
Your ability to contract:
You represent and warrant that you are of sufficient legal age and capacity to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site.
Accurate Account Information:
You warrant that all information supplied by you in using this Site is true and accurate. As further consideration for access to this Site and the use of our services, you agree to: (1) provide certain current, complete and accurate information about yourself as required by our application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to provide you the services of this site and to send you important information and notices regarding your account and our services.
You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us through this Site or as part of our services. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to use our services for a third party, you will remain responsible for complying with all terms and conditions of this Agreement.
You agree to be financially responsible for all of your use of this Site (as well as for the use of your account or log-in information by others, including without limitation minors living with you). You further agree to supervise all usage by minors of this Site under your name or account.
Modifications to your Account:
In order to change any of your account information with us, you must use the Account Number and the Password that you selected if you opened your account with us through our online application process. Please safeguard your Account Number and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Number or Password or any other security authentication information.
Method Of Payment:
All reservations made using this Site require payment at the time of purchase by a credit card accepted as a valid form of payment by a travel supplier. American Express, Visa, Mastercard, Discover and Paypal are widely accepted. Personal and company checks are also accepted for returning customers, but may require additional processing time to allow for clearance of funds. The billing address or other authorized address of the credit card statement must match the delivery address of the tickets, and the card holder must have a valid telephone contact. On dollar amounts over US $1000.00, the credit card merchant may require the cardholder to sign a credit card letter of authorization. Please be sure to provide your exact billing address and telephone number(the address and phone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your order. We reserve the right to add to or cease to accept any or all of the above listed credit cards in the future.
In the event that any payment you make is dishonored either by returned check (NSF, stop payment, etc), credit card chargeback or other means, or any service you receive is unpaid, this does not waive your responsibility to settle all balances due and owing including collection costs that may be incurred.
Service Terms and Charges:
Generally.
Your use of this Site constitutes your agreement to these Terms of Use. In addition, you further agree that by using our services you will be subject to any applicable charges for such services as posted or otherwise set forth in the terms and conditions of any services you choose. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by all terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products or services, including, but not limited to, back to back ticketing, hidden city ticketing and round trip for one way ticketing. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this Site. You also agree to allow us to charge any credit card on file with us for any purchase(s), charge(s), fee(s), duties, taxes, and/or assessments and such payment may be collected by us without additional notice.
Change Penalties.
Once an airline ticket has been purchased, any changes to that ticket may be subject to an airline imposed penalty. For international travel, change penalties start at $150.00, but can be higher and increased without notice depending on the carrier and the route. Any changes to the return portion of a ticket can usually be made by paying the penalty provided the original booking class is available and the remaining rules for the original fare are still met. Any change made to the outbound prior to departure requires the original fare paid to be compared to the fare for the newly desired itinerary on the date the change is requested. The newly desired itinerary may be subject to a fare increase in addition to the change penalty.
For international economy class travel, penalties vary by carrier and route but usually range from $50.00 to full forfeiture of the fare paid. You must check the rules of your fare for the specific penalties based upon your itinerary.
Changes without penalty can be made on full fare purchases (the highest possible price offered by the carrier) provided the original booking class is available. Our site generally does not host full fare pricing options because of the pricing premium associated with their flexibility. Any change to the routing (i.e. return from London via NY instead of direct) may result in the purchase of a new ticket. The fare originally paid may be applied to the new ticket purchase, or depending on the fare rules the original fare may need to be held for future use or forfeited because of the change. You must check the fare rules regarding the specific penalties for the fare type requested. We do reserve the right to add appropriate service charges and penalties for changes to a routing or other forms of itinerary change.
Ticket Delivery.
All travel documents that are eligible for electronic ticketing will be issued as such with the passenger receipt and invoice mailed to the billing address. All travel documents not eligible will be sent via UPS service or a similar service for delivery in North America within three business days from the date of issue. If you require faster service, please indicate such via e-mail.
The company utilizes a 45 day delivery policy in which travel documents will not be delivered any earlier than 45 days to the schedule departure. Any unused tickets or fees may not be refundable or credited for future use unless claimed for refund within 30 days of the scheduled departure date.
We reserve the right not to ship on Saturday or Sunday. We further reserve the right to refuse delivery to P.O. Boxes. All Shipments are subject to availability and the above rates are subject to change without notice. Although we always attempt to ensure our shipments reach their destinations on-time, we do not guaranty timely delivery. The above time schedules are meant as typical types of delivery options only and no time indications are guaranteed by us. We shall not be held responsible for non-delivery or mis-delivery by any third-party.
Non Refundable Tickets.
Any unused non-refundable ticket can typically be applied to future travel on the same carrier within one year from the original date of issue. Some deeply discounted ticket types have no future travel credit value in the event they are not used on the dates originally scheduled. In other words, failure for a passenger to use certain non refundable ticket types on the exact itinerary and schedule which was originally confirmed can result in a complete loss of all amounts originally paid. We will not hold or warehouse refundable or non-refundable tickets for future travel. Any non-refundable ticket which is delivered to us not to be used in the exchange of a new ticket within three days of receipt will be returned to the sender U.S. regular mail at the receipts risk.
Reconfirmation.
We highly suggest that you reconfirm your flights 24-hours in advance for domestic flights and 72-hours prior to international departures. Failure to use the reservation will result in automatic cancellation of all continuing and return flights.
Service Charges.
We reserve the right to charge a processing fee in the event of a refund, cancellation, or other special handling in addition to any charge imposed by a travel supplier. This amount may be equal to the management fee paid at the time of sale which is in addition to any supplier imposed penalty for cancellation. In addition, 1stAir.net may levy additional service related charges for excessive servicing for an individual transaction. Excessive handling is defined as more than one interaction regarding a single trip purchase. Customers may be subject to additional charges for service related inquires relating to invoice requests, multiple changes to itineraries both pre and post purchase, special service requests such as seating and meals, or other service requests made upon completion of travel. Administrative requests made more than 30 days from the last reserved date of travel are assessed an hourly administrative charge of $250, billed in six minute increments of $25. In order to verify the specific penalty or past dated administrative charges for your itinerary, please ask your 1stAir Global Travel analyst for an explanation of penalties.
Sales Tax.
We may automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of New York. You shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state or outside of the U.S.A.
Refunds.
Any unused travel credit which is refundable will be refunded in accordance with the travel suppliers refund policy. Refunds will only be made available to you after payment has been received by us from the travel supplier minus any administrative penalties which may exist. The penalty amount may be equal to the management fee paid at the time of sale which is in addition to any supplier imposed penalty for cancellation. In order to verify the specific penalty for your itinerary, please ask your 1stAir Global Travel analyst by e-mail for an explanation of penalties.
Responsibility.
This organization is not responsible in any way for negligent acts, errors, or omissions of any kind from these suppliers represented. All passengers are responsible for obtaining all necessary visas and travel documents as required by the country of departure and destination.
Verification.
Please verify all travel documents and invoices upon receipt. We must be notified of any discrepancies within 24-hours of receipt. We shall not be responsible for any discrepancies more than 24-hours after documents have been received by either you or the passenger. Any such discrepancy may be communicated by calling us and speaking to a service representative or by e-mail to the director of customer service who can be reached at info1@1st-air.net. Any discrepancies for amounts invoiced but not billed, either by our company or by a third party travel provider, must be reported within 7 days of the invoice issue date. All amounts paid by credit card will be collected by the travel provider unless otherwise listed on our invoice to you. Payment data is electronically transmitted by us to the service provider (i.e. airline, contractor etc). All amounts listed on our invoice to you will appear on your credit card statement within 7 days of the invoice issue date. We shall not be responsible for billing discrepancies of any amounts invoiced but not settled to your credit card and not reported by you to us within 7 days of the invoice issue date. Invoices and confirmations may be issued by us or third party vendors.
Liability.
You acknowledge that we are not responsible for any irregularity or consequence occasioned through the negligence, default, act, or omission of any supplier or person engaged in the service of the travel product.
1st Air does not engage in an agent relationship between you and airline carriers listed on our site. 1st Air licenses routing information to you, which are processed by a third party ticketing outlet or the carrier directly. The licensing of routing information is settled to 1st Air through the payment of a management fee for each transaction, and 1st Air's maximum liability for acts of negligence, default, omission, or other error is limited to the management fee only.
Air Fares.
Most low airline fares require passengers to meet certain restrictions (i.e. advance purchase or weekend stay). Any changes to a ticketed itinerary prior to departure may be subject to a fare increase and an administrative penalty. Fares change frequently, and no fare is guaranteed until actually ticketed. Any change to an itinerary made after ticketing may also result in a fare increase, including but not limited to a change in routing, a change in carrier, or a change in the length of stay at a particular stopover or connection point. A voluntary or forced downgrade for the ordinary licensed class of service will most likely be without refund compensation unless such arrangement is made with the carrier directly.
Typographical Errors.
In the event any fare, service or product is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for any such fare, service or product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price and such purchase shall be void.
Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We further reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $1000.00 (U.S.) may require pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. We may refuse any order for travel originating in areas with a high fraud rate, which include but are not limited to Central Africa.
Use of THIS SITE, information and materials:
This Site may be used for legal purposes only.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You further warrant that you are legally authorized to make the travel reservations or purchases made for either yourself or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel reservation services of this Site may result in you being denied access to this Site.
You agree not to use this Site in the operation of a travel agency or to sell tickets to third parties without our prior, written consent of or any governmental or other regulatory body (including the Airline Reporting Corporation). You warrant to us that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices.
Bulletin Board, Chat Room and other Communications.
Any e-mail addresses (including but not limited to our employee's e-mail addresses), bulletin boards, chat rooms, other message or communication facilities, user input or transmission capabilities, or other uploading capabilities (collectively "Forums"), of or posted on this Site, whether available now or in the future, may only be used for our lawful business purposes. You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, distribute, or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent, or unlawful material or information; upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload or otherwise transfer files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded; falsify the origin or source of e-mail, or software or other material contained in a file that is uploaded; advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters; download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
In addition, you may not use this Site or any of our services in any way to disseminate 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.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are neither endorsed, reviewed, screened, or approved by us. We reserve the right, to remove, without notice and for any reason, any contents of the Forums received from you or other users, including without limitation bulletin board postings.
You may not use this Site to collect personal information about other users of this Site, including their Internet or e-mail addresses, exploit minors, distribe hate materials, or distribute copyrighted materials that you are not authorized to distribute.
We reserve the right, in our sole discretion and at any time, to modify or discontinue our services, to limit, terminate or suspend your use of our services, and/or make changes to the Terms of Use, and you will be deemed to have agreed to be bound by any such changes upon your re-accessing and use of this Site. Since you are bound by any changes to these Terms of Use, you should periodically visit this page to review the then-current Terms of Use to which you and your use are subject.
Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited, including the use of frames to display such material on another web site.
Trademarks and CopyRight:
Copyright © 1stair.net, Inc. 2015, All Rights Reserved.
The trademarks, names, logos and service marks displayed on this Site (collectively, the "Trademarks"), including, but not limited to the name "1stair.net or 1st-air.net," are registered and common law Trademarks and are our property or the property of our affiliates and/or various third parties. You are prohibited from using any such Trademarks without our written permission or the written permission of the third party that owns any such mark.
The information contained in the pages of this Site, and in any of the screens, frames, HTML code and Active X controls contained in this Site, as well as the layout and design of this Site itself is owned by us unless otherwise indicated.
No licenses are being given through the use of this Site. Nothing on this Site shall be construed as conferring any license or right to use any of the Trademarks or any of our or another third-party's intellectual property rights, whether by implication, legal estoppel or otherwise without our written permission or such other party that may own the Trademarks or such intellectual property rights.
Right of Refusal:
We, in our sole discretion, reserve the right to refuse to register your travel service request(s) or our other services. In the event that we do not register your request for service(s), we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal or failure to register your requests for any service(s).
No Submissions:
We seek to avoid potential misunderstandings or disputes over unsolicited ideas, suggestions or artwork, in the event that our products or marketing might seem similar to any submission. Therefore, we discourage the submission of unsolicited ideas through this Site, including ideas or suggestions regarding: existing products or services, improvements for existing products or services, promotions, advertising, design, names or logos. Please do not send any ideas, suggestions or artwork through this Site or by e-mail. If, despite this request, you do send ideas, suggestions or artwork through this site or by e-mail, the following terms shall apply to your submission.
As a condition of your use, you agree that all information, ideas, suggestions or artwork submitted to US ("submitted iNFORMATION") via this Site OR BY E-MAIL shall be deemed and shall remain OUR property and WE shall be free to use, for any purpose, any ideas, concepts, know how or techniques contained in the submitted iNFORMATION you provide to US through this site or e-mail. in no event will WE be subject to any obligations of confidentiality regarding submitted information. WE MAY USE THE submitted iNFORMATION FOR ANY PURPOSE AND IN ANY WAY, AND MAY EVEN GIVE OR SELL THE submitted iNFORMATION TO OTHERS.
Relationships with other Parties:
Unless otherwise specifically indicated, WE ARE NOT an agent or representative of any third-party. UNLESS OTHERWISE STATED, WE HAVE NOT authorized any third party to act on OUR behalf. WE ARE not responsible for information provided by a third-party, whether that information is provided directly, indirectly, through this site or otherwise.
Links and Access to Third Party Materials:
We may provide links or access to materials from or through this Site, including, but not limited to, links to additional Internet sites or materials maintained by others ("Third Party Materials"). The Third Party Materials are not under our control. We have included these Third Party Materials as a convenience to you. However, we have not reviewed all of the Third Party Materials that are contained on, or that are accessible through, this Site and we are not responsible for the contents of any Third Party Materials or any related products or services offered in any Third Party Materials.
IF YOU CHOSE TO USE THIS SITE, WHICH CONTAINs THIRD PARTY MATERIALS, you do so at your own risk. IF YOU CHOSE TO USE any of this site's ACCESS TO Hyperlinks to OTHER internet Sites or resources OFFERED BY A third-party, you do so at your own risk. WE HAVE not reviewed, investigated, verified, or monitored the content, accuracy, opinions expressed, and other links provided by THIRD PARTIES OR THIRD PARTY MATERIALS. The content, accuracy, opinions expressed, and other links provided by these THIRD PARTY MATERIALS are not endorsed by US.
We Make no Warranty:
Everything on this Site is provided to you "as is," "AS AVAILABLE" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE OR SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE DO not warrant the accuracy, Adequacy, completeness, or timely updating of the information and materials contained on this site. WE expressly disclaim liability for errors or omissions. This Site may contain inaccuracies or typographical errors. WE do not WARRANT THAT any of the electronic information, software or hardware contained on or related to this Site, its support or any components thereof, ARE FREE FROM ERRORS OR THAT ALL ERRORS SHALL BE CORRECTED.
WE do not warrant THAT WE HAVE or will review, investigate, verify, or monitor the content, accuracy, opinions expressed, or activities on this Site. WE DO NOT warrant the ENFORCEMENT of these terms of use. ENFORCEMENT OF THESE TERMS OF USE SHALL BE AT OUR option and FOR our sole BENEFIT. If we do not enforce any term, on one occasion, we shall not be prohibited from enforcing it on another occasion. Although WE prohibit the use of this Site and its services to disseminate defamatory, obscene or other unlawful material, collect personal information about other users of this Site, exploit minors, or distribute hate materials or unauthorized copyrighted materials, WE disclaim all liability arising in connection with these acts or activities or the use thereof or in connection with OUR action or failure to act in connection with its enforcement of these terms of use.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE YEAR 2000 COMPATIBILITY OF SERVICES OR PRODUCTS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE YEAR 2000 COMPATIBILITY OF SERVICES AND PRODUCTS.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
You use this Site is at your risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Site.
we disclaim any liability to you for any damages arising out of your access to or use of this Site, whether direct, Special, EXEMPLARY, incidental, consequential, indirect or punitive in nature, OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING, access delays OR access interruptions), (III) THE PERFORMANCE OR NON-PERFORMANCE BY us OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATING TO our processing or failure to process your application or request for services), (IV) data non-delivery or data mis-delivery, (V) acts of God or unforseen events, (VI) unauthorized use or misuse of your Account Number, Password or other security authentication, (VII) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement, OR (VIII) loss or liability relating to the deletion of or failure to store e-mail messages OR DATA TRANSMISSIONS.
In no event will we be liable for any damages or any other losses or expenses arising in connection with this site or the use thereof by you or a third-party or due to any inability to use by any party, or in connection with any failure to enforce these terms of use, failure of performance, error, omission, interruption, defect, delay, computer virus or failure of any communication line or computer system, even if we have been advised of the possibility of such damages. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with this site. we shall not be liable for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of this site or any materials connected herewith.
If, notwithstanding the foregoing, we 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 Site or its content, our liability and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) any subscription fee and service charge for accessing this Site, or (b) $100.00 US, In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we may, at any time and without notice, terminate or restrict your access to any component of this Site. Some states do not allow limitation of CERTAIN liability, so the foregoing limitation may not apply to you. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
As a condition of your use, you agree to hold us, and our officers, directors, employees and agents, harmless from and you covenant not to sue US, OR OUR officers, directors, employees OR agents, for any claims and agree to indemnify the same for all claims relating to your downloading, use, reproduction, receipt and/or distribution of content through, OR SERVICES OF, this Site. to the greatest extent permitted by law, You shall and agree to defend and indemnify us and any third party providers and distributors and the officers, directors, employees and agents thereof from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site and the services provided through this site.
If and when we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide those assurances may be considered by us to be a material breach of these Terms of Use.
General:
Severability. Should any provisions of these Terms of Use be held illegal, invalid or unenforceable by any court or regulatory agency of competent jurisdiction, such provision is to be modified by such court or such regulatory agency in compliance with the law and, as modified, enforced. All other terms and conditions of this Agreement will remain in full force and effect and are to be construed in accordance with the modified provision as if such illegal, invalid or unenforceable provision had not been contained in these Terms of Use.
Applicable Law. These Terms of Use and all disputes arising under them are governed by the laws of the State of New York and controlling U.S. federal law, without reference to principles of conflicts of laws. No choice of law rules of any jurisdiction will apply.
Forum Selection. Any legal action or other legal or equitable proceeding arising from or relating to these Terms of Use or the enforcement of any provision of these Terms of Use may only be brought or otherwise commenced in the state or federal courts located in Monroe County, New York, USA. You, for all purposes expressly and irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Monroe County, New York or an alternate forum which is selected by our company with respect to any dispute that arises out of or in connection with all questions and controversies arising out of your use of this Site, our services and these Terms of Use. You agree that each state and federal court located in Monroe County, New York is and shall be deemed a convenient forum. In the event that you breach any of these Terms of Use requiring legal process for enforcement, we have the right to collect reasonable costs and necessary disbursements including attorneys' fees.
No Waiver. None of the terms of these Terms of Use is deemed waived or amended by either party unless such a waiver or amendment specifically references these Terms of Use, is in writing and signed by an authorized representative of the party to be bound. Any such signed waiver is effective only in the specific instance and for the specific purpose for which it was made or given.
Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Any attempt by you to assign, convey, subcontract or delegate your rights, duties or obligations hereunder shall be void and of no affect. Any attempt by you to assign your rights or any attempt by your creditors to obtain an interest in your rights under these Terms of Use, whether by attachment, garnishment or otherwise, shall render these Terms of Use voidable at our option. We may assign, convey, subcontract or delegate our rights, duties or obligations hereunder. This Terms of Use is binding and inures to the benefit of our successors, representatives and assigns.
Headings. The headings in these Terms of Use are inserted for reference only and do not affect the meaning of these Terms of Use.
Relationship. The relationship between you and User will be that of independent contractors, and neither party nor any of either party's respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Third Parties. Nothing expressed or implied in these Terms of Use is intended, or may be construed, to confer upon or give any Person other than us and you any rights or remedies under, or by reason of, these Terms of Use.
No Export. You acknowledge that certain information, software, technology, accompanying documentation and/or technical information may be subject to applicable export control laws and regulations of the U.S.A. and you agree not to export any restricted items, directly or indirectly, to any countries that are subject to export restrictions.
Additional Terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and User agrees to abide by such other terms and conditions.
Terms of Use. This Terms of Use contains the entire understanding and agreement between the parties relating to the use of this Site and this subject matter and supersedes all prior contracts, agreements, arrangements, communications, discussions, representations and warranties, whether oral or written, between the parties relating to this subject matter.
Alteration. We may: (1) revise the terms and conditions of this Term of Use or (2) change part of the services provided by us at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Terms of Use or change to the service(s) on our Web site(s). You agree to periodically review our Web site(s), including the current version of this Terms of Use available on this Site, to be aware of any such revisions. By continuing to use our services on this site after any revision to the Terms of Use or change in service(s), you will be deemed to have agreed to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or (ii) in information posted on this Site of a general informational nature. Other than as set forth above, the revision you are bound by at any given time may only be altered or amended by a signed writing between the parties. No employee, contractor, agent or representative of ours is authorized to alter or amend the terms and conditions of these Term of Use verbally or via e-mail.
Agreement to be Bound. By using the hyperlink above or below this Agreement, accessing this Site, requesting any of 1st-Air.Net's service(s) through our online process or requesting such services via e-mail or using the service(s) provided by 1st-Air.Net under this Agreement, you ARE BOUND by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by 1st-Air.Net.
YOU MAY SEND us email REGARDING GENERAL Terms of Use QUESTIONS at:info1@1st-air.net. However, ANY RESPONSE BY US SHALL NOT CHANGE ANY OF THE TERMS OR THE MEANING OF THIS AGREEMENT AND you are encouraged to obtain independent legal advice regarding these Terms of Use prior to accessing and using this Site if you do not fully understand all of the terms, conditions, disclaimers and provisions set forth herein.
