STATED BELOW ARE THE TERMS
AND CONDITIONS UNDER WHICH CUSTOMERS ARE PERMITTED TO USE THE SMARTFLIGHT
MANAGER
AT JETDELIVERY.COM. PLEASE REVIEW THIS INFORMATION AND PRINT THE MATERIAL FOR
YOUR CORPORATE FILES. BY USING ANY SMARTFLIGHT MANAGER SERVICES ON THE JET
DELIVERY, INC. WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE
EMPLOYED OR REPRESENT. UPON ACKNOWLEDGEMENT, THIS DOCUMENT WILL CONSTITUTE A
LEGAL AGREEMENT BETWEEN JET DELIVERY AND THE CUSTOMER GOVERNING ALL USE OF
SMARTFLIGHT MANAGER.
Article 1. Customer
Confidentiality
In accordance with the
terms and conditions set forth in this Agreement, Jet Delivery, Inc. provides
it’s customers with a royalty-free opportunity to use SMARTFLIGHT MANAGER. The
customer is responsible for maintaining the confidentiality of all information
distributed by Jet Delivery, Inc. This information includes, but is not limited
to customers account number and password. Furthermore, customer is responsible
for designating the appropriate personnel within the organization to use
SMARTFLIGHT MANAGER.
Article 2. Copyright
Information
Jet Delivery, Inc. holds
and retains all worldwide rights, title and interests, including without
limitation, copyright, in and to SMARTFLIGHT MANAGER. Customer can not copy,
modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse
engineer or disassemble SMARTFLIGHT MANAGER without the express written consent of
authorized, as defined by senior management upon request, person(s) at Jet
Delivery, Inc.
Article 3. System
Changes
Customer acknowledges and
agrees to follow all instructions set forth in reference to the use of
SMARTFLIGHT MANAGER. Instructions include but are not limited to information on the
corporate website and available customer information at corporate headquarters.
Furthermore, Jet Delivery, Inc. maintains the right to modify and/or terminate
SMARTFLIGHT MANAGER at any time for any reason without notice.
Article 4. Customer
Risk
Customer acknowledges and
agrees that SMARTFLIGHT MANAGER is made available at Customers sole risk. In now
way does Jet Delivery, Inc. guarantee the accuracy, reliability, or function
ability of SMARTFLIGHT MANAGER. Under no circumstances, shall Jet Delivery, Inc.
be liable for any damages, under any jurisdiction of law, resulting from the
use, or inability of use, of SMARTFLIGHT MANAGER.
Article 5. Agreement
Conflict
Customer agrees that all
cartage shipments placed on SMARTFLIGHT MANAGER will be governed by both the
“Conditions of Cartage” and this agreement. Copies of both terms are accessible
upon request. If a conflict between the “Conditions of Shipment” and this
Agreement is present, the legal issues will be solved under consideration of the
terms set forth in the documents, in the order aforementioned.
Article 6. Address
Book
Customer is encouraged to
maintain a back-up copy of their addresses as Jet Delivery, Inc. is not
responsible for the loss of addresses contained in the Address Book. Jet
Delivery, Inc. maintains the right to modify or terminate this feature at any
time for any reason.
Article 7. Privacy
Information
If specified by the
customer, Jet Delivery, Inc. will store customer SMARTFLIGHT MANAGER User ID and
account number in the browser for convenience purposes when using SMARTFLIGHT
MANAGER. If this option is selected, customer should know that unauthorized use
of SMARTFLIGHT MANAGER may occur as SMARTFLIGHT MANAGER may be accessible to all
parties with access to customer’s computer. Customer is responsible for, and
agrees to pay, all charges incurred under their SMARTFLIGHT MANAGER User ID and
account number.
Article 8. Legal
Jurisdiction
This Agreement shall be
governed by the laws of the United States and the State of California, without
reference to its conflicts of law provisions. If a portion of this agreement is
found by a competent court of jurisdiction to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of the parties and the remainder of this Agreement shall remain in full force
and effect. Jet Delivery, Inc. must be properly notified in a written statement
by an attorney representing customer within six months of any legal action, with
respect to SMARTFLIGHT MANAGER, or it will be barred in a court of competent
jurisdiction.
Article 9. Agreement
Modifications
Jet Delivery, Inc.
maintains the right to modify this Agreement at any time for any reason.
Modifications to the user agreement that significantly impact parties using the
service (significant as defined by appropriate personnel inside Jet Delivery,
Inc.) shall be posted in the “News” section of the corporate web-page under the
heading of “Changes to User Agreement.” All changes are effective 24-hours
after being made available to parties involved in the agreement, and will be
applicable to future uses of the SMARTFLIGHT MANAGER platform.
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