TERMS OF USE

Global Jet Capital Terms of Use

Global Jet Capital Terms of Use Effective Date: May 25, 2018 These Terms of Use (“Terms of Use”) govern your access to and use of the website: www.globaljetcapital.com and its affiliated sites (collectively, the “Site”). The Site is operated by Global Jet Capital, Inc. (“Global Jet Capital,” “us” or “we”). Global Jet Capital provides the Site, including all information, tools and services available through the Site, to you, the user, conditioned upon your acceptance of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE. For information about how your personal data is collected via the Site and used by Global Jet Capital please read the Global Jet Capital Privacy Notice.

 

Use of the Site

The Site, including but not limited to text, design, graphics, logos, icons, images, photography, video, audio, downloads, interfaces, code, software, products, features and tools, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing (collectively, the “Content”), is the property of Global Jet Capital or its licensors. Upon your acceptance of these Terms of Use, Global Jet Capital grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, use, copy, download and print the Content for your personal and non-commercial informational use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content. Any other use of the Site or any Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, reverse engineering or resale of, or the creation of derivative works from the Site or any Content, is expressly prohibited, unless you obtain the prior written consent of Global Jet Capital. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time. Global Jet Capital may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Global Jet Capital and its licensors. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Site; (ii) surreptitiously intercept any system, data or personal information from the Site; or (iii) interrupt or attempt to interrupt the operation of the Site in any way. Global Jet Capital reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Global Jet Capital may be entitled at law or in equity.

 

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. If you do submit material, and unless we indicate and agree otherwise, in writing, you grant Global Jet Capital an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Global Jet Capital and its assignees are free to use, without consideration, any ideas, concepts, know-how that you or individuals acting on your behalf provide to Global Jet Capital. You grant and are authorized to grant Global Jet Capital and its assignees the right to use, without consideration, any name or likeness you submit in connection with such material, if the company so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate, is non-infringing and does not otherwise violate the rights of any person or entity and conforms to all applicable law; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Global Jet Capital for all claims resulting from content you supply.

 

Prohibited Activities

You may not use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to a Global Jet Capital server, or to any of the services offered on or through the Site, by hacking, password “mining” or other illegitimate means.

 

Links

The Site may contain links to other websites, some of which may be operated by Global Jet Capital and others of which may be operated or controlled by third parties (“Third-Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third-Party Sites is not, and should not be viewed, as an endorsement by Global Jet Capital of the Third-Party Sites or any content therein. Different terms and conditions apply to your use of Third-Party Sites. GLOBAL JET CAPITAL HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SITES, AND ACCEPTS NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIMS ALL LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY SITES.

 

Trademarks and Copyrights

All trademarks, trade names, logos, images, service marks, trade dress and Content displayed on the Site (collectively, the “IP”) are the property of Global Jet Capital or its licensors, content providers or other third parties. Nothing in these Terms of Use or on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any IP without the prior written consent of Global Jet Capital or the owner of the IP.

 

DISCLAIMERS

YOU HEREBY AGREE THAT YOUR USE OF THE SITE, THE CONTENT AND ANY OTHER SERVICES OR MATERIAL WE PROVIDE IN CONNECTION WITH THIS SITE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLOBAL JET CAPITAL, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS AND ASSIGNS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITE OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (III) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT. FURTHER, WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

 

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL GLOBAL JET CAPITAL, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE)) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF GLOBAL JET CAPITAL, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GLOBAL JET NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GLOBAL JET CAPITAL IS TO DISCONTINUE YOUR USE OF THE SITE. IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS OF USE MAY NOT APPLY TO YOU. IN NEW JERSEY, LIMITATIONS ON LIABILITY FOR INTENTIONAL OR RECKLESS ACTS AND GROSS NEGLIGENCE ARE PROHIBITED AND DO NOT APPLY.

 

Indemnification

You agree to defend, subject to our approval of counsel, indemnify and hold harmless Global Jet Capital, its affiliates and their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Site or its Content other than as expressly authorized in these Terms of Use; or (ii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on the part of Global Jet Capital.

 

Jurisdiction and Applicable Law

THE LAWS OF THE STATE OF NEW YORK GOVERN THESE TERMS OF USE AND YOUR USE OF THE SITE, without giving effect any conflict of laws’ provisions that would result in the application of the laws of any other state. To the maximum extent permitted by law, YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THE COURTS LOCATED IN THE STATE NEW YORK FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE.

 

No Exporting

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

 

Changes to These Terms of Use

Global Jet Capital reserves the right in its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on this Site. It is your responsibility to check for any changes we make to these Terms of Use each time you use the Site or any portion thereof. Revised terms will take effect five days after their publication on the Site and will apply only on a going-forward basis. Your continued use of the Site after that point signifies that you accept the changes.

 

Entire Agreement

These Terms of Use and any policies or operating rules posted on the Site constitute the entire agreement and understanding between you and Global Jet Capital with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

 

Waiver and Severability

No waiver by Global Jet Capital of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Global Jet Capital to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

Remedies

At its option, Global Jet Capital may seek all remedies available to it in these Terms of Use, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Use and any additional instructions, guidelines or policies issued by Global Jet Capital (including those posted on the Site).

 

How to Contact Us

If you have any questions or comments about these Terms of Use or the Site, please contact us by e-mail at privacyoffice@globaljetcapital.com. Thank you for visiting our Site.