Terms of Use

Thank you for visiting the website of Private Jet Cost, LLC d/b/a Private Jet Cost and its affiliates (together, “PJC”, “we” or “us”). By accessing this website (the “Site”), you acknowledge and agree to accept the following Terms of Use pertaining to the use of the Site, which constitute a legal agreement between you and PJC.

YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH MAY BE UPDATED BY US AT ANY TIME. BY CHECKING THE BOX ACCOMPANYING THE LINK BY WHICH YOU ARRIVED AT THESE TERMS OR BY ACCESSING OR USING OUR SITES OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF WE UPDATE OUR TERMS OF USE, WE WILL POST THE UPDATED TERMS OF USE HERE. ANY SUCH CHANGES WILL BE EFFECTIVE UPON POSTING AND YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY SUCH CHANGES MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. YOU SHOULD CONSULT THE “TERMS OF USE” BAR ON THIS SITE EACH TIME YOU VISIT THE SITE. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT USE THE SITE. TO THE EXTENT THAT NOTICE IS REQUIRED UNDER ANY APPLICABLE LAW OR OTHERWISE, YOU WAIVE THE RIGHT TO SUCH NOTICE, PROVIDED THAT THIS SENTENCE WILL NOT APPLY TO YOU IF YOU ARE A WASHINGTON STATE RESIDENT OR TO THE EXTENT YOU ARE SEEKING SERVICES IN WASHINGTON STATE. FURTHERMORE, BY ACCESSING OR USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PJC. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

In addition, when using any particular service of the Site, you may be subject to additional guidelines or terms and conditions applicable to such services that may be posted from time to time, which are hereby incorporated into these Terms of Use.

1.      Our Services

The Site is a website that provides resources and personalized assistance in finding private aviation programs and providers. We help individuals, families or businesses (“users”) find options based on a user’s stated needs and preferences and empower them to make informed decisions. This may include types of private aviation programs and/or private aviation providers.  Based on the user's stated needs and preferences, we may provide the users with information about contracted providers ("Participating Providers") and we forward the user's information to those Participating Providers. Users can review detailed information about local and national Participating Providers, and get personalized, knowledgeable assistance by telephone from a PJC Advisor. The service is offered at no charge to users.

 

 

2.      Participating Providers

The Participating Providers are solely responsible for evaluating, accepting (or declining, as appropriate), and providing aviation services for all users, including, without limitation, providing membership in private aviation programs, assisting in the booking of private aviation services, and providing private aviation services. Each Participating Provider is responsible for the private aviation programs or private aviation services provided and the acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a Participating Provider.

Each Participating Provider is responsible for the content of the information posted on its page or on the Site. The information does not represent PJC’s views or any individual associated with us, and we do not control this content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Participating Provider on the Site, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for the Participating Provider on the Site. By using the Site and/or services, you assume all associated risks.

PJC exercises no independent judgment as to the quality of, nor do we recommend or endorse, any Participating Provider. We provide only an information service participate in the user’s and Participating Provider’s decision regarding membership or services. Further, we are not a representative of or agent for either the consumer or the Participating Provider and do not act on either's behalf. It is the responsibility solely of the Participating Provider and the user to determine if any private aviation programs and/or private aviation services. PJC does not broker, sell, or lease aviation services directly and is not a party to any transaction between the Participating Provider and the user.

3. Uses of Our Site and Content

All content and information, features, functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and all trademarks, logos, copyrights and other intellectual property displayed on the Site or sent to you by e-mail or other means (collectively, “Content”) is owned or licensed by PJC.  The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

PJC grants you a limited, revocable, nonexclusive and nontransferable right to view, temporarily store, bookmark, download, copy and print pages from the Site solely for your personal and noncommercial use only, subject to the following conditions:

·        You may not use any Content, including but not limited to any trademark, service mark or logo of PJC that appears on the Site, without the prior written consent of PJC.

·        You agree not to copy portions of the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site.

·        If you download any pages from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Content. You may not alter or modify the Content in your copies.

·        You agree to only download or print the Content in limited quantities as required to evaluate whether the goods and services of PJC are appropriate for your use.

·        You agree not to use any of the Content for the purpose of soliciting, for any service or product, companies that have information included in the Content.

·        Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Site.

·        If you link other websites to this Site, you may not imply or suggest that PJC has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.

·        You may not (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others through this Site.

·        You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site or otherwise modify the Content.

·        You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.

·        You may not use the Site or Content in any way that violates applicable federal, state, local or international law or regulation.

·        You may not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by PJC, may harm PJC or users of the Site, or expose them to liability.

·        You may not use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content.

·        You may not use any manual process to monitor or copy any of the Content.

·        You may not use any device, software or routine that interferes with the proper working of the Site.

·        You may not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

·        If you violate use the Content in breach of these Terms of Use, your right to use the Site will stop immediately and you must return or destroy any copies you have made.

PJC has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you and we may at any time revoke your right to use all or any portion of the Site. PJC may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities that it deems appropriate. You agree, represent, and warrant that your use or other exploitation of the Site and the Content, or any portion thereof, will be consistent with the foregoing license and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.

4. Reliance on Information

This Site is for general informational purposes only. PJC does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of its contents. We may update the Content on this Site from time to time, but its Content is not necessarily complete or up to date. Any Content may be out of date at any given time, and we are under no obligation to update such material.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PJC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PJC. PJC is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

5. Linked Sites

The Site may provide links to external Web sites ("External Web Sites"). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites and PJC does not review or monitor any External Web Sites linked from or to the Site; therefore, PJC is not responsible for the content of any such External Web Sites, or any products or services contained on or accessible through such External Web Sites, their terms of use or privacy policies. PJC provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked External Web Sites by PJC.  You are advised to review the terms of use and privacy policies of any website that you visit. PJC disclaims responsibility for the privacy policies and customer information practices of External Web Sites.  PJC is not responsible or liable for any loss or damage of any sort incurred as a result of any dealings between you and any External Web Sites or as a result of the presence of links to External Web Sites or third-party advertisements on the Site. Your use of and dealings with the owners or operators of these External Web Sites are at your own risk, and you agree not to make any claim against PJC arising out of your use of these External Web Sites.

6. Transmission to and from the Site

By posting or distributing Content to or through the Site, you grant PJC a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display such Content through the world in any media, now known or hereafter devised.  You further agree to grant PJC the right to use the name that you submit in connection with the Content. You represent and warrant that (1) you own and control all rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, (2) such Content is accurate and not misleading, and (3) use and posting or other transmission of such Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.  Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and PJC will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

7. Access; Password and Security Notification

PJC reserves the right to withdraw or amend the Site, and any Content, in its sole discretion without notice. PJC will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Site.

If you provide any registration details or other information to PJC through the Site, you represent that all such information is correct, current and complete. You agree that all information you provide on the Site is governed by the Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. The Privacy Policy is hereby incorporated into and forms part of these Terms of Use published as https://www.privatejetcost.com/terms-of-use.html. We urge you to read this Privacy Policy now, and because the Privacy Policy is updated from time to time, later at your convenience.

Certain areas of the Site are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that PJC has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.

All information that PJC provides to Site users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient's financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify PJC immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party's activity related to the Site. We have the right to disable any user name, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

8. Recorded Telephone Communications and Consent to Automatic Telephone Dialing System

Telephone communications between you and PJC may be recorded or monitored for quality control purposes. You expressly consent to PJC recording and monitoring these telephone communications.

You agree to be contacted by PJC and by our Participating Providers at the telephone number you have provided. You agree that we and our Participating Providers may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number you have provided, even if you previously registered on a Do Not Call registry; however you do not need to consent to this to use our services.

9. Limitation of Liability and Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. THIS SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PJC NOR ANY PERSON ASSOCIATED WITH PJC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PJC NOR ANYONE ASSOCIATED WITH PJC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING AND/OR USAGE OF TRADE.  IN ADDITION, PJC IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY PARTICIPATING PROVIDER OR OTHER PRIVATE AVIATION PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM PJC OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PJC, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS "LIMITATION OF LIABILITY" SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PJC OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO PJC FOR ACCESS TO OR USE OF THE SITE AND/OR SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE PJC OR THE ASSOCIATED PARTIES' LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT. SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PJC, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, THREATENED CLAIMS, INJURIES (INCLUDING DEATH), LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE OR YOUR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THIS SITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE.  FOR ANY INDEMNIFIED MATTER, PJC SHALL HAVE FULL CONTROL OF THE RESPONSE THERETO AND THE DEFENSE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AGREEMENT RELATING TO THE SETTLEMENT THEREOF, AND YOU WILL COOPERATE WITH PJC IN SUCH MATTER.

11. Copyright Infringement Notices & DMCA Notices

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing on the Site, such as a link to the infringing material.
  3. Your address, email address, and telephone number.
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send your notice by using the contact information below:

Private Jet Cost, LLC

P.O. Box 472

Jenks, OK 74037

katie@privatejetcosts.com

 

12.Governing Law and Forum

The laws of the State of Delaware govern these Terms of Use, without regard to its conflict of laws provisions. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely and exclusively in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.  You hereby irrevocably waive your right to trial by jury in any such action.

13. Waiver and Severability

No waiver by PJC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PJC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and PJC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

15. Feedback

All feedback, comments, requests for technical support, notices of copyright infringement claims and other communications relating to the Site should be directed to: katie@privatejetcosts.com.