These Terms of Use govern your use of Aero Technologies, Inc. (“Aero”) operated websites, mobile apps, and other electronic platforms (the “Platform”) to book flights and other travel experiences with our affiliate airline operators (the “Services”). By accessing or using the Platform, you are accepting these Terms, and that you have the right, authority, and capacity to enter into these Terms, on behalf of yourself or any entity that you represent.
If you do not agree with all of the provisions of these Terms, do not access and/or use the Platform.
Aero does not operate aircraft or perform flight operations. All flights are performed by Aero’s wholly owned subsidiaries, as follows:
N. America Region -All flights to and from the United States of America, Canada, Mexico, and the Caribbean, are performed by USAC Airways 695 LLC (d/b/a Aero) pursuant to its Operator Participant Contract, which passengers are required to accept to complete a booking reservation. In the United States, Aero is a public charter operator (which is also known as an indirect air carrier) under Part 380 of the U.S. Department of Transportation’s regulations (14 CFR Part 380). Under some circumstances we may also partner with third party operators, travel, tour or other service providers, the flight or other services of which will be governed by their own terms and conditions, and which you will be required to accept prior to utilizing.
Aero grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Platform solely for your own personal, non-commercial use, subject to the following restrictions:
you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform;
you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform;
you shall not access the Platform in order to build a similar or competitive website, product, or service; and
except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be retained on all copies thereof.
In order to use certain features of the Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Platform. Aero may suspend or terminate your Account at any time and for any reason.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Aero of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Aero cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Excluding any User Content (see below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Platform and its content are owned by Aero or Aero’s suppliers. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms.
All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Aero and its suppliers reserve all rights not granted in these Terms. There are no implied license granted under these Terms.
You are solely responsible for any and all information and content that you submit to, or use with, the Platform (“User Content”). You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate these Terms. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You grant (and you represent and warrant that you have the right to grant) to Aero an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Platform. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
If you provide Aero with any feedback or suggestions regarding the Platform (“Feedback”), you assign to Aero all rights in such Feedback and agree that Aero shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Aero will treat any Feedback you provide to Aero as non-confidential and non-proprietary. You agree that you will not submit to Aero any information or ideas that you consider to be confidential or proprietary.
The Platform may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Aero, and Aero is not responsible for any Third-Party Links & Ads. Aero provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.
Subject to applicable law, you release and forever discharge the Aero (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Links & Ads).
From time to time, we may offer promotions, deals or discount codes for the Platform. We may, in our sole discretion, establish, modify, suspend, end, reject or refuse to honor such promotions, deals or discount codes at any time, with or without notice to you, subject to requirements of applicable law. We reserve the right to set limitations on the use of promotions, deals and/or discount codes. Opening multiple accounts on the same device for purposes of redeeming a promotion, deal and/or discount code more than once is prohibited and shall result in the forfeiture of all promotional credits and/or suspension of the accounts. Additional terms regarding promotions, deals or discount codes will be posted on the Platform.
Certain offerings, including without limitation sweepstakes, rewards, contests of skill, or promotions may be subject to additional guidelines, rules, or terms (“Additional Terms“). These Additional Terms will be located where we post the sweepstakes, rewards, contests of skill, or promotions on the Platform. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. Any Additional Terms are incorporated by reference into these Terms.
Promotional credits and customer care credits (“Account Credits”) may be applied in accordance with their terms. All Account Credits are non-transferrable, may not be redeemed for cash, and expire 18 months from the date of issuance.
The Platform is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, Aero (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Platform will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
You agree to indemnify Aero (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Aero reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Aero.
To the maximum extent permitted by law, in no event shall Aero (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Platform, even if Aero has been advised of the possibility of such damages. Access to, and use of, the Platform is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of $5,000. The existence of more than one claim will not enlarge this limit.
We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. Aero will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Platform. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Platform shall be subject to these Terms.
These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of California. You agree that the courts of California shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
These Terms constitute the entire agreement between you and us regarding the use of the Platform, excluding any Operator Participant Contract, General Carriage Terms, Conditions of Carriage, or Charter Agreement separately executed by you and Aero. A waiver by Aero of any right or remedy under these Terms shall only be effective if executed in writing. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy. If any provision of these Terms is held invalid or unenforceable, the other provisions of these Terms will remain enforceable and such provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms may not be assigned, subcontracted, delegated, or otherwise transferred without Aero’s prior written consent, and any attempted assignment will be null and void. Subject to the foregoing, these Terms are binding on your successors and assigns.
If you have any comments or questions regarding these terms, please contact us at customerservice@aero.com.
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