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TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE. Transit Fly, LLC ("we" or "us") offers access to and use of our site to you subject to your acceptance of these terms and conditions. By accessing, using or obtaining any content, data, materials, information, products or services through our site, you agree to observe these terms and conditions. If you do not accept all of these terms and conditions, then please leave our site now. Ownership and Copyright Transit Fly, LLC owns and has copyrights on our site and all of its contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our site. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as expressly allowed in this agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. Privacy Your use of our site is subject to our Privacy Policy . You have read that privacy policy and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our privacy policy. We reserve the right, and You authorize Us, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with our Privacy Policy. Feedback Users may email comments onto TransitFly.com regarding Airports, Airport Transit options, and various associated information of general interest featured on our site. You agree that any and all information that you submit to our site, including any written comments, is the property of Transit Fly, LLC and may be used by us for any purpose we see fit. Warranty Disclaimer WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. Liability Disclaimer IN NO EVENT SHALL TRANSIT FLY, LLC (TRANSITFLY.COM) BE LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT OR IMAGES FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY THIRD-PARTY PROVIDER TO OUR SITE, EVEN IF WE HAVE BEEN, OR A THIRD-PARTY PROVIDER HAS BEEN, ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Disaffiliation and Warranty TransitFly.com, Transit Fly, LLC and the information on or location through, this site, is NOT affiliated in any way with any airport, airport authority, airline, city/state/provincial/federal government, commercial entity, transit provider, or any other organization which may be listed, noted or linked to unless specifically stated as such. The information provided by TransitFly.com might be inaccurate or outdated and may contain bugs, errors, problems, or other limitations and therefore is provided on an "as is", "as available", and all warranties, express or implied are hereby disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Indemnification You will defend and indemnify us and any of our officers and employees from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these terms and conditions or the documents made part of these terms and conditions by reference, your violation of any law or the rights of a third party or your use of our site. No Unlawful or Prohibited Use As a condition of your use of TransitFly.com, you warrant that you will not use our website of any of the information we list for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You also agree that you will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site. Modifications of these Terms and Conditions Transit Fly, LLC reserves the right to change the terms, conditions, and notices under which the TransitFly.com site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of the site. If you have questions about these terms and conditions, please contact us at info@transitfly.com. Links to Other Websites The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by Us. If You decide to leave our Site and access these third-party sites, You do so at Your own risk. Advertiser / 3rd-Party Merchant Policies We allow access to or advertise third-party merchant, commercial, or promotion sites ("Merchants") from which You may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between You and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to You while on such sites. We are not responsible for information provided by You to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. Intellectual Property We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work or someone else's work has been copied or misused in a way that constitutes copyright infringement, please provide Us with the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that You claim has been infringed; 3. A description of where the material that You claim is infringing is located on the Site; 4. Your current contact information including: address, telephone number, and e-mail address; 5. A statement by You that You have a good faith belief that the disputed Use is not authorized by the copyright owner, its agent, or the law; and 6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Miscellaneous This agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, United States without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. While we encourage other websites to link to TransitFly.com, you may not frame our site in any manner (your site shall not have any visual, trace, cookie or other connection to TransitFly.com). |
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