Pilot Member Terms and Conditions of Service
The Airport Cars Club service (the Service) is provided by Airport Cars, LLC, a Minnesota limited liability company, with offices at 8772 Stratford Crossing, Brooklyn Park, MN 55443, USA (the Company). This is a legal agreement (Agreement) between you and the Company. Please read the Agreement carefully before registering for the Service. By completing your registration and clicking on the "I Accept" button below, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our website; any use of the Service after such notice will constitute acceptance by you of such changes
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Members. By registering for the Service, you represent and warrant the following: (i) You are a licensed and qualified pilot; (ii) You have a valid drivers license; (iii) You will make available a vehicle for the use of other Club Members pursuant to the Club Rules; and (iv) You have automobile liability insurance in the amounts specified in the Club Rules and will maintain that level of insurance as long as you are a Club Member.
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Exclusive Use. Your account is for your sole, personal use. You may not authorize others to use your account nor may you assign or otherwise transfer your account to any other person or entity.
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Online Conduct. As a Registered User, you agree that:
- You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "Post") on the Service, or transmit to other Registered Users.
- You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations. Membership in, and use of, the Service is void where prohibited.
- You will not Post or otherwise provide inaccurate, misleading or false information to the Company or to any other Registered User. If information provided to the Company, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
- You will create only one unique profile with the Service.
- You will not engage in advertising to, or solicitation of, other Registered Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Registered Users.
- You will not Post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when using the service and other Club Member's vehicles.
- You understand that the Company makes no guarantees, either express or implied, regarding your ultimate use of the service.
- You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.
- The Company reserves the right, but has no obligation, to monitor the materials Posted in the public areas of the Service. The Company shall have the right to remove any such material that it, in its sole opinion, deems unnecessary or unacceptable, including all material which violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES.
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Online Content. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
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Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to the Company with advertisers, or as the result of the presence of such advertisers on the Service.
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Unauthorized Users. It is possible that other Registered Users or users (including unauthorized users, or "hackers") may Post or transmit materials on the Service and that you may be involuntarily exposed to such materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you.
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Proprietary Rights.
- The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In addition, other Registered Users may Post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- By Posting information or content to any public area of the Service, you represent and warrant that you have the right to Post the same.
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Confidentiality. With the exception of the information provided to other Registered Users pursuant to the terms of the Service and as provided in the Company's privacy policy or below, the Company will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law. For additional information about the collection and possible use of information provided by you, please click on the Privacy button that appears at the bottom of the home page for this web site for information on the Company's privacy policy.
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Warranties.
- THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
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Limitation of liability.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
- While the Company performs an initial screening of individuals registering for the Service, the Company makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THIS SERVICE.
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Indemnity by Registered User. You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement.
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Complaints. To resolve a complaint regarding the Service, you must first contact the Company by clicking on the "Help FAQ" button or via email to comments@airportcarsclub.com . You may also contact Airport Cars LLC by phone at 763-354-8036.
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Termination. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, if in Company's sole discretion it believes you have violated any Section of this Agreement by you which is brought to the Company's attention. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable. Following any termination hereof, the Company reserves the right to send a notice that you have been terminated to other Registered Users with whom you have corresponded.