East Coast Air Charter, Inc. Terms of Use

Last Updated 4/29/2005

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING SITE.

By using the East Coast Air Charter, Inc. (“ECACI”) World Wide Web site, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations. If you do not agree to these terms of use, please do not use this Site and do not register for membership. By using the ECACI Website (the “Site”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a user (“Member”). If you have any questions about these terms of use, please contact us by electronic mail or through the links provided.

This Agreement sets out the legally binding terms of your use of the Site and your membership in the Site and may be modified by ECACI from time to time, such modifications to be effective upon posting by ECACI on the Site. This Agreement includes and incorporates by reference, when applicable, ECACI’s Acceptable Use Policy for Content Posted on the Site (see Section 6 below), ECACI Privacy Policy , in conjunction with our Disclaimer, and any notices regarding the Site. You may also receive a copy of this Agreement by emailing us at: siteminder@eastcoastaircharter.com, Subject: Terms of Use Agreement.

1.         Eligibility. You must be eighteen (18) or over to register as a member of ECACI or use the Site. Membership in the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2.         Term. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason, upon receipt by ECACI of your written or email notice of termination. ECACI may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to ECACI. If ECACI terminates your membership on the site because you have breached the Agreement, you will not be entitled to any monetary refund of any sort. Even after membership is terminated, this Agreement will remain in effect, including certain sections, such as Sections 4-18 of this Agreement.

3.         Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4.         Ownership. This Site is owned and operated by ECACI. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by ECACI or by its respective third party authors, developers, or vendors (“Third Party Providers”). Except as otherwise expressly provided by ECACI, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of ECACI’s intellectual property rights, whether by estoppel, implication, or otherwise. Please contact us by electronic mail if you have any questions about obtaining such licenses. ECACI does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by ECACI. Any rights not expressly granted herein are reserved by ECACI.

5.         Limited Permission to Use Materials. ECACI hereby grants you permission to use, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice appearing at paragraph 17 below and the trademark notice appearing at paragraph 18 below appears in the Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

6.         Content Posted on the Site or Transmitted to Other Members.

a.   ECACI values the confidentiality of certain content that you send through our Site. Even so, such confidentiality is not necessarily a right of privacy. You understand and agree that ECACI must review messages for the purpose of providing necessary services. During such review, ECACI will delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of ECACI violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members., as determined in the sole and absolute discretion of ECACI

b.   You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Site, or transmit to other Members.

c.   By posting Content to any public area of ECACI, you automatically grant, and you represent and warrant that you have the right to grant, to ECACI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

d.   The following is a partial list of the kind of Content that is illegal or prohibited on the Site. In its sole and absolute discretion, ECACI reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

·         is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; • harasses or advocates harassment of another person;

·         involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”

·         promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

·         promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

·         contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

·         provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

·         provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

·         solicits money, passwords or any personal identifying information for commercial or unlawful purposes from other users or Members; and

·         engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

e.   You must use the Service in a manner consistent with any and all applicable laws and regulations.

f.    You may not include in any e-mail or other message to a Member, any “personally-identifiable” information, such as telephone numbers, street addresses, last names, URLs or email addresses. Any such information will be deleted prior to the message being sent.

g.   ECACI will not allow any e-mail content that either requests money from any Member or offers to send money to any Member. If you receive a request for money please contact ECACI immediately.

h.   You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although ECACI cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, ECACI reserves the right to restrict the services which a Member may use to other Members in any 24-hour period to an amount which ECACI deems appropriate in its sole discretion.

7.         Unsolicited Submissions. ECACI does not want you to submit confidential or proprietary information to it through this Site, without first contacting ECACI. All comments, feedback, information or material submitted to ECACI or in associate with this Site shall be considered non-confidential and ECACI’s property, unless otherwise set forth herein or agreed to by ECACI in writing. By providing any unsolicited submissions to ECACI you hereby assign to ECACI, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. ECACI shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content. For purposes of this Section 7, the e-mails that you may send to other members shall not constitute any “unsolicited submission,” but shall be governed by Section 6 above.

8.         Links to Third Party Sites. This Site may contain links to websites controlled by parties other than ECACI (the “Third Party Sites”). ECACI is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. ECACI is not responsible for webcasting or any other form of transmission received from any Third Party Site. ECACI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ECACI of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that ECACI is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

9.         Disclaimers. ECACI is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. ECACI is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. ECACI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. ECACI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will ECACI be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided “AS-IS” and ECACI expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ECACI cannot guarantee and does not promise any specific results from use of the Site and/or the Service. Please click here for additional disclaimers and our refund policy.

10.       NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ECACI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ECACI MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ECACI SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

11.       LIMITATION OF LIABILITY. IN NO EVENT SHALL ECACI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF ECACI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12.       Indemnification. You agree to defend, indemnify and hold harmless ECACI, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

13.       Compliance with Laws. You may not access, download or use the Site or Materials in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations. Any such violation is expressly against these terms of use and you must cease from using this Site immediately.

14.       Export Laws. Software from the Site is subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

15.       Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

16.       Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California , excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, the Materials or the Service shall be instituted exclusively in a state or federal court in California , and in the County of Los Angeles . You and ECACI agree to exclusively submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

17.       Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2004, ECACI. ALL RIGHTS RESERVED.

18.       Trademarks. ECACI, logo, all images and text, and all page headers, custom graphics and button icons on the Site are service marks, trademarks, and/or trade dress of ECACI. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

19.       Other. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and ECACI regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Please contact us with any questions regarding this agreement.